Last update: November 02, 2022
Apphive Partners program Terms and Conditions
1. General Information
This document includes the Terms and Conditions of the Apphive Partner Program (called in this document as the <<Program>>) that govern participation in said Program and are an agreement between Apphive and the Customer or the entity it represents (called in this document as << the Partner>>). These Terms will become effective when you check the enabled box requesting to be a Partner or, if earlier, when you receive any benefits associated with the Program. The Partner declares that he/she is legally able to enter into this type of contract, and that, if he subscribes to these Terms and Conditions on behalf of an entity, such as the company for which they work, he/she has the legal authority to bind said entity with these types of contracts.
2. Partners program
2.1. Program Membership and Authorization
If you are accepted into the Program, you may receive certain benefits described on the Website. Any benefits you receive in connection with the Program are governed by these Terms and Conditions.
As part of the benefits of belonging to the Apphive Partners program, your development requests will be made as a priority list. To make any development request you must complete the following form: https://forms.clickup.com/8583554/f/85yc2-34030/RJ0SQMMOVWB4H8ISGF, completing the form does not oblige us to work on it. However, it does go through a development evaluation and prioritization process.
If you belong to the program you will have the benefit of referred clients. That is, when a user requests the development of an App, they can complete the following form https://buscoayuda.apphive.io/, and the Technical Support team will channel them to you. This list of clients is impartially distributed and any Partner may contact the user to offer their services.
2.3 Program requirements
It's a fundamental requirement to be a Partner, to be a company or freelancer that belongs to the ICT sector and that is committed to marketing Apphive services to third parties. Apphive reserves the right to revoke the affiliation to the Program of any company that tries to benefit from the discounts of a Partner to provide services to its own company or groups of companies with which it does not have a merely professional customer-supplier relationship.
The steps to follow in order to apply to the Partner Program are listed below:
2.4 Program administration
2.5 Partner subscriptions
The Apphive Partners Program includes 3 subscriptions that correspond to granting each project of the established plan the benefits of the Unlimited Plan (to each one). Being part of the Apphive partner network does not imply a cost. Prices are always associated with contracting monthly or annual subscription services:
2.6 Partner behavior
Partners have to: (a) conduct their activities in the Program in a professional and competent manner, (b) comply with all applicable laws, regulations and orders of any governmental authority, (c) not engage in any illegal acts , harmful or that implies false or misleading practices and, (d) will not benefit from the discounts unduly, but rather undertakes to apply them solely and exclusively when marketing the services to third parties with whom it only has a client-supplier relationship.
2.7 Individual agreements
Partner and Apphive are separate entities, and these Terms and Conditions do not create a partnership, joint venture, or employment relationship of any kind. Use of the term <<Partner>> indicates only that you are affiliated with the Program and are part of the Apphive reseller network. Neither party, nor any of their respective affiliates is an agent of the other or has any authority over the other one.
2.8 Additional terms
3. Marketing and Advertising
3.1 Partner information
Acceptance into the Program enables Apphive to include your company name, Website and other general contact information on the web. You also grant us a non-exclusive, worldwide, royalty-free license to use any trademark or trade name, service mark, logo, URL, domain name, or other commercial font or identifier provided through the Program. You will ensure that you have all rights necessary to grant Apphive the rights described in this section. Apphive may make reasonable changes or alterations to its marks. As between the parties, you are the owner of all right, title and interest in and to your Marks.
3.2 Identify agencie as Partner
Upon acceptance, no Partner may issue a press release or other public statement regarding participation in such Program without our prior written consent. If the requirements are met and you are finally accepted as a member of the Program, we will make available to the Partner a small graphic image (called in this document as <<Logo Partner>>) that will identify them as a Partner. In this way, the participants of the Program will have a non-exclusive, revocable, royalty-free and worldwide license to display said Logo Partner on their Website or in their own offline materials (printed materials, presentations, documents, mailings or others). The Logo Partner may not be modified in any way. Likewise, the use of said logo may not be transferred, assigned or sublicensed to any other person or entity. Apphive reserves all rights in and to your Partner Program Logo and related intellectual property rights, as well as the ability to revoke your license (if any) to use the Logo Partner at any time with written notice. For the avoidance of doubt, if you have not been accepted as a Partner, you may not refer to yourself as such and consequently may not use the Apphive Partner Program logo.
4. Customer information and privacy politics
4.2 Customer information
5. Program content and information
5.1 Program content
Apphive may provide text, images, web content, audio, video, or other content (hereinafter referred to as the "Program Content") through a variety of means, including the Website, the Apphive Platform, or email.
5.2. Ownership and Use of Program Content
Apphive owns the Program Content and reserves all rights and interests. Partner is granted a limited, revocable, non-exclusive, non-transferable license to reproduce and distribute all Program Content solely for the purpose of marketing Apphive products for the time described in Section 7 (Term and Termination) of this document. . Except as provided in this Section, under these Terms and Conditions, Partner has no rights to the Program Content, including any intellectual property rights.
5.3. Program Content Restrictions
Partner agrees that it will not use the Program Content in any manner or for any purpose other than as expressly permitted by these Terms and Conditions. Partner may not: (a) except as permitted by these terms, use, reproduce, sell, license, distribute, or otherwise transfer the Program Content to any third party; or (b) modify, alter, or create derivative works of any Program Content. During and after the completion of the Program, Partner will not promote, authorize, assist or encourage any third party infringing copyright or other intellectual property related to the Program Content that Partner has used.
5.4. Contributions, Showcases and testimonials
(a) If Partner provides any suggestions or makes any kind of contribution to the Program Content, Partner irrevocably assigns all rights and interests in and to the suggestions and agrees to provide Apphive, to the extent possible, with any assistance that you may require to document, perfect and maintain your rights to said contributions. (b) If Partner provides written or recorded success stories or testimonials (<<Success Stories>>), Partner is authorizing Apphive to reproduce, publish, distribute and/or translate such success stories, along with the name and company logo, so that they can be used for marketing purposes (i) on websites managed by Apphive; including the web; (ii) in the Apphive video repository; and/or (iii) in commercial presentations. Partner represents and warrants that its contributions, success stories, and testimonials do not violate any third party rights, and Partner has all rights and authority to grant the foregoing rights to us without further approval from, or monetary liability to, any third party.
5.5. Confidential information
Partner agrees that any non-public information disclosed by Apphive in connection with the Program or its services will be treated as confidential information. Partner will treat any information related to a third party that Apphive provides, including in
5.6. Third party data
Any third-party information that Partner provides to Apphive, Partner represents and warrants that it has received all necessary consents to (a) share such data with Apphive and its affiliates, and (b) have Apphive and its affiliates use such data to contact to the subject(s) to market the products and services associated with the Program.
6. Billing, price and payment
The Partner, once accepted as such, will benefit from a discount on the standard price of the Unlimited subscription according to the number of projects, which will be maintained until the termination of these Terms and Conditions. It is important to note that not all services have an applicable discount.
6.2. Negotiation of prices and payment terms between the Partner and the end customer
The Partner has complete discretion to negotiate and establish prices, terms and payment conditions with its clients. Partner's negotiation of those terms will not be subject to Apphive's review or approval in any way.
6.3. Payment due date
Payments must be remitted based on the payment type selected and are due on the date indicated on the invoice. The Partner's payment to Apphive is not dependent on receipt of payments from its customers, even in the event of their insolvency. If the Partner does not make the payment on the due date, Apphive may proceed with the suspension and cancellation of the subscription applicable to all projects included in your subscription.
7. Term and termination
These Terms and Conditions will begin on the date of registration and acceptance of the Partner and will remain in force until their end, without there being a fixed period established. Either party may, by giving at least 30 days' notice, terminate these Terms and Conditions for any reason. At the time these Terms terminate: (a) all licenses granted between the parties will terminate; (b) Partner will immediately stop using and delete all Materials; and (c) Partner will no longer identify itself as a Program participant or Apphive Partner.
The Program, Logo Partner, Program Content, third party data and any other benefits or materials that may have been offered through the Program are provided "as is". Apphive makes no warranties of any kind with respect to the Program or any Materials provided, including warranties of merchantability, quality, fitness for a particular purpose, or any warranties arising from the treatment and use of the Program.
9. Limitation of liability
Apphive shall not be liable to its Partners for indirect, incidental, special, consequential or exemplary damages, or for any loss of revenue or profits arising in connection with: (a) Participation in the Program; (b) the use of materials; or (c) any investments, expenses or commitments that the Partner establishes and are related to these Terms and Conditions, the Program, or the use and access to the Materials.
These Partner Program Terms and Conditions may be modified from time to time, the Program as a whole, or any aspect of it, may be changed or discontinued. The changes will be notified to our Partners through the Apphive Platform or by email using the address provided during the registration and application process for the Program. It is the Partner who is responsible for reviewing the Panel regularly to detect possible changes. The changes will take effect from the date notified.
11.1. Assignment; No third party beneficiaries
Partner will not assign these Terms and Conditions, delegate or subcontract any of the rights derived from these Terms and Conditions, without Apphive's prior written consent. Any assignment or transfer in violation of this Section will be void. These Terms and Conditions do not create any third party beneficiary rights in any person or entity that is not a party to these Terms.
11.2. no waivers
Apphive's failure to enforce any provision of these Terms and Conditions does not constitute a current or future waiver of that provision, nor will it limit our right to enforce such provision at a later time.
11.3. ratings and comments
Apphive may use mechanisms to rate Partners, their products or services, including allowing customers to do so. In addition, Apphive may make these ratings and reviews publicly available.
If any part of these Terms and Conditions is held invalid or unenforceable, the remaining parts of these Terms will remain in full force and effect. Any invalid or unenforceable portion will be severed from these Terms, but the remainder of these Terms and Conditions will remain in full force and effect.