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Stacksync Certified Partner Program Terms and Conditions

Last updated: April 16, 2023
These Terms and Conditions (the "Agreement") govern your participation in the Stacksync Certified Partner Program (the "Program") offered by Stacksync SA ("Stacksync"). By participating in the Program, you agree to be bound by this Agreement and any additional terms and conditions that Stacksync may adopt from time to time.

Program Description

The Program is designed to provide a platform for consulting partners, freelance consultants, and agencies ("Partners") to support customers who need assistance with the strategy or technical implementation of Stacksync's real-time and bidirectional data synchronization solution between CRMs and Databases. Stacksync will display Partner's logos and provide referrals to Partners who offer such services to customers.

Eligibility

Partners must meet the following eligibility criteria to participate in the Program:
  1. 1.
    Have experience and expertise in enterprise system integration, CRM integration, Data Warehousing, Data Activation and/or Cloud technologies
  2. 2.
    Agree to abide by this Agreement and any additional terms and conditions that Stacksync may adopt from time to time
  3. 3.
    Register for the Program on the Stacksync website and provide all requested information
  4. 4.
    Stacksync reserves the right to approve or reject any Partner application in its sole discretion, without reason to be disclosed.

Partner Obligations

As a Partner in the Program, you agree to:
  1. 1.
    Provide high-quality services to customers referred to you by Stacksync in a professional and timely manner
  2. 2.
    Maintain a high level of customer service and support
  3. 3.
    Comply with all applicable laws and regulations in the performance of your services
  4. 4.
    Display Stacksync's logo on your website in the relevant sections and advertising materials as a Stacksync Certified Partner
  5. 5.
    Not make any decisions or speak on behalf of Stacksync

Referral Process

Stacksync may refer customers to Partners who offer services related to Stacksync's solution. Stacksync will have no obligation to refer any customer to a Partner, and may refer customers to any other Partner or service provider at its sole discretion. Partners may not represent themselves as an agent or legal representative of Stacksync, and may not bind Stacksync to any obligation or agreement.

Partner Fees

Stacksync does not require any fee from Partners for participation in the Program or for referrals. Partners may receive compensation from their customers for their services in accordance with their own pricing and policies.
If a partner refers and brings new clients to Stacksync as understood in the Stacksync Referral Rrogramme Policy, the provisions under the Stacksync Referral Programme Policy apply (available at https://docs.stacksync.cloud/legal/referral-programme-policy).

Term and Termination

This Agreement will begin upon acceptance of your Partner application and will continue until terminated by either party. Either party may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon termination of this Agreement, Partner will immediately cease all use of Stacksync's trademarks, trade names, logos, and other proprietary materials. Any rights or obligations that by their nature should survive termination of this Agreement will survive, including, without limitation, the provisions regarding intellectual property, confidentiality, and limitation of liability.

Confidentiality

Partners will have access to confidential and proprietary information about Stacksync's technology and business operations as a result of their participation in the Program. Partners agree to keep such information confidential and to not disclose it to any third party without the prior written consent of Stacksync.

Intellectual Property

Stacksync owns all intellectual property rights in its technology, software, and related materials. Partners may use Stacksync's logo and trademarks solely for the purpose of promoting their participation in the Program, but may not use such intellectual property in any other manner without the prior written consent of Stacksync.

Indemnification

Partners agree to indemnify, defend, and hold harmless Stacksync, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with Partner's participation in the Program or any breach of this Agreement.

Limitation of Liability

Stacksync will not be liable to Partners for any special, indirect, incidental, consequential, or punitive damages arising out of or in connection with Partner's participation in the Program, even if Stacksync has been advised of the possibility of such damages. Stacksync's total liability under this Agreement will not exceed the fees paid to Partner, if any, under this Agreement.

Governing Law and Dispute Resolution

This Agreement will be governed by and constructed in accordance with the laws of the state of Vaud in Switzerland, without regard to its conflict of law provisions. To promote peaceful resolution of any disputes, amicable dispute resolution through mediation should be preferred and attempted before resorting to arbitration or going to court. Any disputes arising out of or in connection with this Agreement will be resolved through confidential and binding arbitration in accordance with the rules of the Swiss Law. The arbitration will take place in Vaud, Switzerland, and the award of the arbitrator will be final and binding.

Miscellaneous

This Agreement constitutes the entire agreement between the parties regarding the subject matter hereof, and supersedes all prior agreements and understandings, whether written or oral. This Agreement may not be amended or modified except in writing signed by both parties. If any provision of this Agreement is found to be unenforceable, the remaining provisions will remain in full force and effect. This Agreement may not be assigned by Partner without the prior written consent of Stacksync. Stacksync may assign this Agreement without Partner's consent. This Agreement will be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns.

Relationship of the Parties

Nothing contained in this Agreement will be deemed or construed by the parties or any third party as creating the relationship of principal and agent, partnership, joint venture, or any other form of legal association or organization between the parties, nor will this Agreement be deemed or construed as creating any obligation of either party to enter into any further agreement with the other party.

Contact Information

If you have any questions about these T&C or the Programme, you can contact Stacksync at https://www.stacksync.cloud/contact.
By submitting an application to become a Stacksync Certified Partner, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions of this Agreement.