Dynimize Partner Program
Terms and Conditions
Last updated May 11, 2020
This agreement (the "Agreement") describes the terms and conditions for participation in the Dynimize Partner Program (the "Program"). This Agreement is a legal agreement between you (the "Partner") and Dynimize, Inc ("Dynimize").
Dynimize may change any of the terms and conditions within this Agreement at any time and at its sole discretion. If any of these changes are unacceptable to the Partner, the Partner's sole recourse is to terminate this Agreement. Continuing to participate in this program once notified of these changes indicates your acceptance of these changes.
You may provide a promotional code (a "Promo Code") to an end user (the "User") of Dynimize Software (the "Application"). When a User first registers their computer or virtual machine (a "Host") with the Dynimize Licensing System for use with the Application, they can submit this Promo Code to obtain a 20% discount on successful future payments (the "Charges") made to Dynimize for use of the Application on the Host.
Dynimize will pay to Partner 50% of the User Charges incurred by Hosts registered with Partner's Promo Code as commission. This commission will be on Charges net of discounts, payment processor fees and refunds (the "Commission"). If at any point in time Dynimize decides not to charge a User for a given use case of the Application, no Commissions will be paid to Partner for that use case.
Once a Host is registered with a Promo Code, Dynimize will continue to pay the Partner the Commission for all future Charges associated with that Host, even once this Agreement has been terminated. Dynimize may decide at its sole discretion, at any time and without notice what amount to charge a User for use of the Application, so long as it abides by the agreements between the User and Dynimize.
Commission payouts will be made to the Partner's PayPal account within 90 days of when funds from User Charges have been received by Dynimize. The Partner will provide the email address associated with the PayPal account for which they wish to receive such payouts. This PayPal account email address will be registered using the Partner Portal accessible from the Partner's Dynimize account on the website www.dynimize.com (the "Website"). A minimum total commission of $10 USD must be accumulated before a payout can occur.
At its sole discretion, Dynimize reserves the right to refuse entry or revoke access to any individual, website or entity from the Program for any reason. Amongst other reasons, Dynimize will refuse entry or revoke access to any individual or website that:
- i. Promotes sexually explicit materials
- ii. Promotes violence
- iii. Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
- iv. Promotes or engages in illegal activities
- v. Engages in spam
- vi. Fails to abide by the following rules of conduct:
- a. If writing about or recommending Dynimize, you must take the approach of an honest and unbiased educator, not a salesman. Your goal within the Program is to spread awareness about Dynimize and it's potential benefits. Dynimize is by no means an appropriate solution for all performance problems and has its limitations. Partner will learn about these limitations before recommending Dynimize to Users, and make sure that these Users are aware of these limitations.
- b. You will refrain from licensing Dynimize with your Promo Code for a client or third party without their permission, or when it provides no foreseeable net benefit to them, and only serves the purpose of generating a commission.
- c. You will disclose to those using your Promo Code that you are a Dynimize Partner or Affiliate.
- d. You will refrain from using spam to promote Dynimize.
- e. You will abide by the rules of any website where you promote or discuss Dynimize.
- f. You will not hide your identity or misrepresent yourself when promoting or discussing Dynimize.
Permitted Usage of Copyrighted Materials (the "Materials")
Partners are permitted to use the Dynimize logo, written material, graphs or diagrams found on the Website for the purpose of educating others about Dynimize.
At any time either party may terminate this Agreement without cause. Upon such termination, Partner will refrain from using any Materials, and will immediately remove such Materials from any websites where Partner or Partner's associates placed them, unless given consent from Dynimize outside of this Agreement.
Limitation of Liability
Dynimize will not be held liable for indirect, special, or consequential damages (or any loss of revenue, profits, expenditures or data) arising in connection with this Agreement or the Program, or from encouraging a Partner to recommend the Application to a User, or from encouraging a Partner to install and run the Application on a User's system, even if Dynimize has been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total commissions paid or payable to the Partner through this Agreement.
Dynimize makes no express or implied warranties or representations with respect to the Program or a Partner's potential to earn income from the Program. Dynimize makes no express or implied warranties or representation that the operation of the Application, the Dynimize Licensing System, or the Website will be uninterrupted or error-free, and Dynimize will not be liable for the consequences of any interruptions or errors. Partner accepts that Application, the Website and the Dynimize Licensing system are provided "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind.
Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
If any of the provisions of this Agreement are determined by a court to be unenforceable, they shall be severed from this Agreement, and the remaining provisions shall remain in full force and effect.
By participating in the Program, you acknowledge that you have read this Agreement and agree to all its terms and conditions. You have independently evaluated the Program and are not relying on any representation, guarantee or statement other than as set forth in this Agreement.