PARTNER PROGRAM AGREEMENT
Last updated: August 16, 2024
This public Agreement is an official offer from the Customer to join the partner program terms and become a Partner of the unique E-chat service, which integrates personal Viber and Telegram accounts with CRM systems, improves customer communication experience, automates business processes, sends automatic messages, saves chat histories in CRM and promotes better customer acquisition through effective use of the Site.
Participation in the Partner's partner program is only possible when all conditions of this Agreement are met. At the same time, the Customer has the right, without explanation of reasons and at any time, to reject the Partner's application for participation in the partner program at their discretion, due to violation of the conditions specified below.
The Agreement comes into force at the moment of Your registration on the Site, so we ask You to carefully read the conditions that are written below. By registering in the partner program, You confirm that You have read, understood and agree with all the provisions of this Agreement and accept all the obligations set forth in this Agreement and Privacy Policy.
IF YOU DO NOT AGREE TO ACCEPT THE OBLIGATIONS PROVIDED FOR BY THIS AGREEMENT, OR IF AT ANY TIME THESE CONDITIONS BECOME UNACCEPTABLE FOR YOU, PLEASE CANCEL YOUR APPLICATION TO PARTICIPATE IN THIS PARTNER PROGRAM.
1. DEFINITION OF TERMS
1.1. Client — individuals or legal entities using Services on the Customer's Site based on the Tariff chosen by them and whom the Partner invites, as a result of conducted advertising, consulting and other activities.
1.2. Partner — a business entity who is an independent contractor (not an employee of the Customer), acts on their own behalf and in accordance with the terms of this partner program agreement has the right to direct potential Clients to the Customer's Site in exchange for compensation.
1.3. Site — a set of software and hardware, computer programs in the form of a collection of web pages that contain their structure, theme, texts, images and other multimedia and interactive elements, as certain intellectual property objects that are at the disposal of the Customer and available on the Internet at URL address: https://e-chat.tech/.
1.4. Customer — individual entrepreneur Likoť Artem Serhiyovych (TIN 3488510374), acting on the basis of Extract from the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Formations No. 2 229 000 0000 011130 dated 13.12.2016, is a single tax payer.
1.5. Referral link — a unique URL address that is provided to the Partner to attract Clients to the Site and includes identification markers that allow the Customer to track referrals and charge appropriate rewards to Partners for each referred Client who pays for Services.
1.6. Tariff — a certain comprehensive set of clearly defined parameters (capabilities) provided by software on the Site, the content of which depends on the price for Services chosen by the Client and are determined by the Parties in the Appendices.
1.7. Messenger — software, web service or application, as a certain system that allows users to exchange messages with each other in real time via the internet.
1.8. CRM (Customer Relationship Management) — certain software that helps organizations track interaction histories, manage sales and otherwise collect, analyze, use customer information for the purpose of systematization, automation, efficient use of resources, process setup and sales increase.
1.9. Service — providing access and the right to use software on the terms of a certain Tariff with the help of the Customer's Site for the purpose of integration into Messengers, which will allow the Customer to connect their own numbers and communicate with clients directly, exchange files, listen to voice messages through CRM systems, etc.
1.10. Account — a personal account that contains the necessary list of identifying features and should be used by the Partner on the Site for the purpose of fulfilling the terms of this Agreement.
1.11. Parties — Partner and Customer when jointly mentioned in the text of the Agreement.
2. GENERAL PROVISIONS
In the manner and on the terms determined by this Agreement, the Partner, on their own behalf, at their own expense, but in the interests of the Customer, performs actions aimed at attracting Clients for the further provision of Services by the Customer, and the Customer undertakes to pay the Partner remuneration in the amount and in the manner provided for by this Agreement.
The Partner is not the owner of the software and the Site, an employee of the Customer and/or a provider of Services, but performs only an intermediary (agency) function.
The Partner can carry out activities and represent themselves in relations with third parties only as a Partner of the Customer and in no other capacity.
The Customer constantly develops and improves the Services and the Partner Program. In this regard, the Customer reserves the right to completely or partially suspend one of the Services, if this requires preventive work, improvement of Service functions or change of the provided Service, notifying the Partner in advance.
3. PARTNER RIGHTS AND OBLIGATIONS
3.1. The Partner has the right:
To search for Clients who meet the Customer's requirements, to identify Clients' interest in the Customer's Services, to inform the Customer about the received data.
To inform potential Clients about the scope of activity and the Customer's Services.
To acquaint Clients with the Customer's Site.
To contribute to increasing the level of trust of potential Clients in the Customer, Site and Services.
To receive rewards from the Customer in accordance with the terms of this Agreement.
To sell Services to Clients at a price higher than the cost indicated on the Customer's Site.
To other rights provided for by the provisions of this agreement and the current legislation of Ukraine.
3.2. The Partner undertakes:
To comply with the rules posted on the Customer's Site.
In case of claims from third parties to the Customer related to the Partner's activities, the Partner undertakes to independently settle all claims of such persons.
To strictly keep their data (login and password) for access to their personal account (partner account) and create the necessary conditions for protecting this information.
In case of detection of situations or persons who violate the legal rights of the Customer or conduct activities with the aim of harming the Customer's interests, to notify the Company and provide possible cooperation to protect the Customer's interests.
Not to perform any actions that affect the operation of the Partner Program. Such actions include attempts to technically influence the performance of the Customer's servers, hacking of the Site, any others related to the Customer's activities, attempts to hack protection mechanisms, use viruses, trojans, other malicious programs for any of their purposes.
To act conscientiously and exclusively in the interests of the Customer, and under no circumstances to violate the obligations assigned to them by this Agreement.
To have only one Account on the Customer's website.
To comply with the requirements of this Agreement regarding the confidentiality of information.
3.3. The Partner is prohibited:
To carry out activities that contradict the legislation of Ukraine.
To create several Accounts using their referral link, affiliating a secondary account with the main one, with the main goal - to receive compensation for expenses. In such a case, no reward will be accrued and the Account will be blocked.
To distribute the referral link by spam method (including conducting spam mailings, publishing spam on forums and communities, etc.).
To use and indicate irrelevant, biased and false information, referring to or mentioning the Customer, Services, Site and Tariffs. This includes unreliable data about current marketing offers (promotions). Indication of unreliable or outdated data may be grounds for termination of cooperation with the Partner.
To perform actions that can harm the existing image and business reputation of the Customer, reduce the level of trust in the Customer's Services or mislead potential Clients regarding the Customer's activities.
To perform actions that may cause the Customer to have any obligations to third parties who are not the Customer's Clients.
To place the Customer's advertising, referral link, including Site links on websites containing information that violates human rights, promotes violence, racial discrimination, drugs, human trafficking, contains pornographic materials.
The Partner cannot be their own referred Client. The Customer has the right not to pay the Partner the amount of remuneration due to them for violation of this clause.
To sell the Customer's Services at a price lower than that indicated on the Customer's Site.
To present Services as their own development, and also to deliberately hide the Customer as the owner of the Site.
To use and connect Services to Clients who are engaged in illegal activities.
4. CUSTOMER RIGHTS AND OBLIGATIONS
4.1. The Customer has the right:
To exercise control over the Partner's activities in terms of performing their partner functions provided for by this Agreement.
To terminate this Agreement unilaterally.
In cases of violation by the Partner of the terms of this Agreement, to block the Partner's account with all earned remuneration.
The Customer has other rights provided for by the provisions of this Agreement and current legislation.
4.2. The Customer is obliged:
To timely pay the Partner remuneration provided for by the terms of this Agreement.
To provide the Partner with instructions and recommendations for performing duties that are the subject of this Agreement.
To comply with the terms of this Agreement (except for non-performance of obligations that do not depend on the Customer and occurred due to chance or action of force majeure circumstances).
5. CLIENT ASSIGNMENT TERMS
Clients are automatically assigned when registering in the personal account using the Partner's individual referral link or by assigning the potential client's e-mail in the Partner's Account.
A Client cannot be assigned to a Partner if they were previously assigned to another Partner.
The Partner can independently pay for the selected tariff in the Account and the remuneration will be automatically credited to the Partner's account.
In the partner Account, it is possible to pay for the tariff for several Clients simultaneously.
6. PARTNER COMPENSATION AND SETTLEMENTS
The Customer pays remuneration to the Partner after submitting an application for this on the Site in the amount of 20% of the payment amount of the referred Client throughout the entire period of using the Services. The minimum amount for withdrawing remuneration to the Partner's account is 50 US dollars.
In addition to the agreed remuneration, the Partner has no right to reimbursement of expenses incurred on the use of third-party services, programs or Services, even if these expenses were made within the framework of this Agreement.
The method of withdrawing remuneration is selected individually for the Partner in the Partner's technical support. Remuneration is withdrawn through the Partner's request to the Customer's technical support or using the "Withdraw" button, in the period from the 1st to the 10th of the next month.
When paying remuneration to a Partner who is an individual, the Customer is recognized as a tax agent. The Customer withholds from the Partner's remuneration and pays taxes established by the current legislation of Ukraine.
The Customer withholds the commission charged by banks or payment systems when making remuneration payments. The amount of the commission is determined and established in accordance with the terms of banks of payment systems.
Conditions for withdrawing remuneration:
minimum number of connected accounts that have paid for the tariff at least once - 2;
withdrawal of remuneration is possible if there is only 1 client and more than 3 paid numbers, provided that the Partner is confirmed to be a representative/developer of CRM or services for CRM.
7. CONFIDENTIALITY
The confidentiality rules of the Customer's partner program do not contradict and fully comply with the Customer's Privacy Policy.
The Partner is responsible for ensuring that third parties to whom the Customer's Confidential Information was transferred in accordance with the Agreement, kept the specified information, did not disclose it or transfer it to any person not authorized to receive it.
The exclusive ownership right to confidential information received by the Partner in any form in accordance with this Agreement belongs to the Customer.
The Parties agree to direct their actions to prevent conflicts of interest and undertake to inform each other about activities that may negatively affect their reputation. In case of occurrence of a real or potential conflict of interest, the Parties are obliged to take measures to resolve it.
8. LIABILITY AND LIMITATIONS
The Customer is not responsible for damage or obstacles caused by the content of third-party web pages, errors in software or technical means of partner program participants, as well as for damage caused by insufficient availability or limited functionality of the internet network.
Under no circumstances is the Customer responsible for any actions or inaction that are a direct or indirect result of the actions or inaction of the Partner and/or third parties.
9. DISPUTE RESOLUTION
All disputes arising from this Agreement or related to it are resolved through negotiations between the Parties.
If the relevant dispute cannot be resolved through negotiations, it is resolved in court according to the established venue and jurisdiction of such a dispute in accordance with the current legislation of Ukraine.
The law that regulates this Agreement is the substantive law of Ukraine.
10. TERM OF THIS AGREEMENT
The term of this Agreement begins from the acceptance by the Company of the Partner's registered application and ends at the request of any party after notification by email or to the Customer's technical support.
The term automatically terminates if the Customer or Partner terminates the Agreement or the Customer can immediately exclude the Partner from the Partner Program for violation of the terms of this Agreement. After exclusion from the Partner Program, the Partner is obliged to remove all advertising and Links from websites and stop using the coupon code.
11. FINAL PROVISIONS
The Customer reserves the right to change the provisions of this Agreement without justification and at any time. Notifications about changes are sent by email at least 5 (five) days before they come into force.
If the Partner does not object in writing to the changes within 5 (five) days from the moment they are received at their email address, the changes come into force for them.
If the Partner objects to the changes, then this agreement is considered terminated.