Legal
Partner Terms
Terms and conditions for our partner program.
Last Updated: January 1, 2025
- Definitions
- Partner Program Overview
- Eligibility and Registration
- Revenue Share
- Payment Terms
- Partner Obligations
- Intellectual Property
- Confidentiality
- Term and Termination
- Limitation of Liability
- General Provisions
1. Definitions
1.1 "Partner" refers to any individual or entity that has been accepted into the OpsAgent Partner Program.
1.2 "Referred Customer" means a new customer who signs up for OpsAgent services through the Partner's unique referral link or code and becomes a paying subscriber.
1.3 "Revenue Share" means the percentage of subscription fees paid by Referred Customers that the Partner is entitled to receive.
1.4 "Net Revenue" means the gross subscription fees received from Referred Customers, less any refunds, chargebacks, taxes, and payment processing fees.
2. Partner Program Overview
2.1 The OpsAgent Partner Program enables Partners to earn recurring revenue by referring new customers to OpsAgent's HubSpot apps and services.
2.2 OpsAgent reserves the right to modify, suspend, or discontinue the Partner Program at any time with reasonable notice to active Partners.
3. Eligibility and Registration
3.1 To be eligible for the Partner Program, applicants must:
- Be at least 18 years of age or the legal age of majority in their jurisdiction
- Have a valid business entity or operate as a sole proprietor
- Agree to these Partner Terms and the general Terms of Service
- Provide accurate and complete information during the application process
3.2 OpsAgent reserves the right to accept or reject any partner application at its sole discretion.
3.3 Partners must not be current employees of OpsAgent or OpsAgent UG.
4. Revenue Share
4.1 Partners will receive 20% (twenty percent) of the Net Revenue generated from their Referred Customers.
4.2 The Revenue Share applies to all subscription payments made by Referred Customers for as long as they remain active paying subscribers.
4.3 Revenue Share does not apply to:
- One-time setup fees or professional services
- Customers who were already users of OpsAgent before using the Partner's referral
- Customers referred by other Partners
- Payments that are subsequently refunded or charged back
4.4 OpsAgent reserves the right to adjust the Revenue Share percentage with 30 days written notice to Partners.
5. Payment Terms
5.1 Revenue Share payments will be calculated and paid monthly, within 30 days after the end of each calendar month.
5.2 A minimum threshold of EUR 50.00 must be reached before a payment is issued. Amounts below this threshold will roll over to the following month.
5.3 Partners are responsible for providing accurate payment information and for any taxes applicable to their Revenue Share payments.
5.4 Payments will be made via bank transfer or PayPal, as selected by the Partner in their partner account settings.
5.5 OpsAgent will provide Partners with monthly statements detailing their referred customers and earned Revenue Share.
6. Partner Obligations
6.1 Partners agree to:
- Promote OpsAgent services in a professional and ethical manner
- Not make false, misleading, or exaggerated claims about OpsAgent services
- Not engage in spam, unsolicited communications, or any illegal marketing practices
- Clearly disclose their affiliate/partner relationship when promoting OpsAgent
- Comply with all applicable laws and regulations, including data protection laws
6.2 Partners shall not:
- Bid on OpsAgent branded keywords in paid search advertising
- Create websites or content that could be confused with official OpsAgent properties
- Use any deceptive practices to generate referrals
- Refer themselves or entities they own or control
7. Intellectual Property
7.1 OpsAgent grants Partners a limited, non-exclusive, non-transferable license to use OpsAgent logos and marketing materials solely for the purpose of promoting OpsAgent services as part of the Partner Program.
7.2 Partners may not modify OpsAgent trademarks or create derivative works without prior written consent.
7.3 All intellectual property rights in OpsAgent services, including logos, trademarks, and content, remain the exclusive property of OpsAgent UG.
8. Confidentiality
8.1 Partners agree to keep confidential any non-public information received through the Partner Program, including but not limited to commission rates, customer information, and business strategies.
8.2 This confidentiality obligation survives the termination of the Partner relationship.
9. Term and Termination
9.1 These Partner Terms are effective upon acceptance into the Partner Program and continue until terminated.
9.2 Either party may terminate the partnership at any time with 30 days written notice.
9.3 OpsAgent may terminate the partnership immediately if the Partner:
- Breaches these Partner Terms
- Engages in fraudulent or illegal activity
- Damages OpsAgent's reputation
- Fails to generate any referrals for 12 consecutive months
9.4 Upon termination, Partners will receive any earned but unpaid Revenue Share for referrals made prior to termination, subject to these terms.
9.5 After termination, Partners must cease all use of OpsAgent trademarks and marketing materials.
10. Limitation of Liability
10.1 OpsAgent's total liability to the Partner under these Partner Terms shall not exceed the total Revenue Share payments made to the Partner in the 12 months preceding the claim.
10.2 OpsAgent shall not be liable for any indirect, incidental, special, consequential, or punitive damages.
10.3 OpsAgent does not guarantee any minimum level of referrals or earnings from the Partner Program.
11. General Provisions
11.1 These Partner Terms constitute the entire agreement between the parties regarding the Partner Program and supersede any prior agreements.
11.2 OpsAgent may modify these Partner Terms at any time. Partners will be notified of material changes at least 30 days in advance.
11.3 The Partner relationship is that of independent contractors. Nothing in these terms creates an employment, agency, or joint venture relationship.
11.4 These Partner Terms shall be governed by the laws of Germany. Any disputes shall be resolved in the courts of Wuppertal, Germany.
11.5 If any provision of these Partner Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.
Status: January 1, 2025 - Version 1.0