CHANNEL PARTNER TERMS AND CONDITIONS
These Channel Partner Terms and Conditions (the “Agreement”) are entered into by and between Apport Software Solutions Private Limited (referred to as “DoubleTick”), and the entity agreeing to these terms (the “Channel Partner”). By signing up as a Channel Partner, you agree to comply with and be bound by the following terms and conditions. If you do not agree to these terms, you should not sign up or participate as a Channel Partner.
1. Definitions
1.1 “Effective Date” means the date on which the Channel Partner signs up and agrees to these terms.
1.2 “Parties” refers collectively to DoubleTick and the Channel Partner, and “Party” refers to either DoubleTick or the Channel Partner individually.
1.3 “Territory” refers to India.
2. Authorization and Scope
2.1 DoubleTick authorizes Channel Partner to act as a non-exclusive channel partner to sell DoubleTick products and services listed on the DoubleTick website (the “Products” and “Services”).
2.2 Channel Partner acknowledges that this authorization is non-exclusive, and DoubleTick may appoint other channel partners within the Territory.
3. Types of Partners
3.1 Strategy Consultants: Consult and sell DoubleTick solutions to your customers. Provide sales support and personalized demos for large clients.
3.2 Tech and GTM Partners: Integrate existing offerings with DoubleTick and offer a joint solution to customers.
3.3 Referral/Affiliate Partners: Refer customers to DoubleTick and let DoubleTick handle the sales process. Suitable for smaller clients.
4. Orders and Supply
4.1 Channel Partner shall submit all Product orders in accordance with DoubleTick’s standard procedures. DoubleTick will acknowledge and accept orders at its discretion.
4.2 DoubleTick reserves the right to reject orders that cannot be reasonably fulfilled, violate this Agreement, or are improperly submitted.
5. Pricing and Payment
5.1 Product and Service prices are listed on the DoubleTick website and are subject to change at DoubleTick’s discretion.
5.2 Payments for Products and Services must be made in full to DoubleTick. Commissions will be settled to the Channel Partner by the 15th of the following month.
6. Commission Structure
6.1 First-Time Sale: Subscription
Flat Incentive per SMB Customer onboarded: 25%
Enterprise Customer: 10% (subject to change on a case-by-case basis with prior written agreement)
6.2 Renewal: Subscription
Flat Incentive per SMB Customer onboarded: 10%
Enterprise Customer: 7% (subject to change on a case-by-case basis with prior written agreement)
6.3 Commissions are payable for up to three years from the first purchase date (First Time and 2 Renewal Years).
7. Promotion and Marketing
7.1 Channel Partner agrees to promote DoubleTick Products and Services actively within the Territory.
7.2 All marketing materials used by the Channel Partner must be approved by DoubleTick in writing.
8. Confidentiality
8.1 “Confidential Information” includes any proprietary information disclosed by one Party to the other under this Agreement.
8.2 Both Parties agree to keep all Confidential Information confidential and not disclose it to any third party, except as required by law.
9. Intellectual Property
9.1 Channel Partner shall not have any rights to DoubleTick’s intellectual property, except as necessary to perform their obligations under this Agreement.
9.2 Channel Partner agrees not to contest DoubleTick’s intellectual property rights.
10. Indemnification
10.1 Channel Partner agrees to indemnify and hold harmless DoubleTick from any claims arising out of the Channel Partner’s actions or omissions.
11. Non-Compete and Non-Solicitation
11.1 Channel Partner agrees not to engage in competing business activities within the Territory during the term of this Agreement and for three years after termination.
11.2 Channel Partner agrees not to solicit DoubleTick’s customers or employees during the term of this Agreement and for one year after termination.
12. Term and Termination
12.1 This Agreement begins on the Effective Date and remains in effect until terminated by either Party with thirty (30) days written notice.
12.2 DoubleTick may terminate this Agreement immediately for cause, including breach of Agreement or insolvency of the Channel Partner.
13. General Provisions
13.1 This Agreement is governed by the laws of Mumbai, Maharashtra, India.
13.2 Any amendments to this Agreement must be in writing and signed by both Parties.
13.3 This Agreement constitutes the entire agreement between the Parties and supersedes all prior agreements.
14. Miscellaneous
14.1 DoubleTick reserves the right to amend these terms at any time. The Channel Partner will be notified of any changes.
14.2 If any provision of this Agreement is held invalid, the remaining provisions will continue in full force and effect.