Terms of Service for Channel Partners

  • Definitions
    • "Customer" shall mean any new customer who intends to purchase the Company's Products or avail the services offered by the Company
    • "Confidential Information" shall mean and include any information shared by a Party with the other (including their respective IPRs), including but not limited to any details or information regarding the other Party's business, business plans, price points, the contents of this Agreement, any discussions between the Parties and such other information, which can be reasonably deemed to be confidential.
    • "Intellectual Property Rights" & "IPRs" mean all intellectual property rights, including but not limited to copyrights, trade secrets, know-hows, patents and design rights, whether registered or conferred by law.
    • "Materials" comprise of Product evaluations, demonstrations, documentations, help files, technical information, marketing information and the full retail release version(s) of the Product(s) and shall include any advertising, promotional and marketing materials proposed to be used for disclosure to Customers or otherwise.
    • "Product" is any product built by the Company and listed on the Company's Website, or any new Product, or new Product version(s) subsequently released by the Company and sold under subscription based licenses, as described under Annexure A.
  • Intellectual Property Rights
    • All IPRs in the Products shall exclusively vest with the Company and nothing in this Agreement shall be deemed to transfer any rights to the Channel Partner or any third party.
    • Any improvements, enhancements, or modifications done to the Products shall remain the property of the Company at all time. Channel Partner acknowledges and agrees that the software, application, programming, design, interfaces, architecture, and related aspects of the Product and all improvements and modifications made thereto by the Company shall constitute trade secrets and remain the property of the Company. Channel Partner shall use its best efforts to prevent disclosure of any trade secret information to any third party.
    • Channel Partner shall give the Company prompt notice of any infringement of Company's IPRs coming to its attention. Channel Partner agrees to use appropriate efforts to stop any such infringements. Company will be entitled to any damages recovered from the infringer in case of an infringement.
    • Company hereby agrees that in the event of the Channel Partner being required to use any Product or information in relation to Company's IPR, the Company shall grant a non-exclusive, non-assignable, limited licence to the Channel Partner to use such only for the limited purposes of providing the Services on the terms contained therein.
    • The Channel Partner agrees and acknowledges the following with regard to the Company's trademarks, brand name, logo and any other insignia associated with the Company and its Products("Trademarks"):
      • The Company is the sole and exclusive owner to all right, title and interest in any trademarks associated with the Company which the Channel Partner may utilize in performing the services herein.
      • The Company hereby grants to the Channel Partner for the Term and subject to limitations stated within this Agreement a non-exclusive, non-transferable, revocable right and personal license solely for the purpose of performing the Channel Partner's obligations under this Agreement;
    • The Channel Partner shall not use the Trademarks in any way which might prejudice their distinctiveness or validity or the goodwill of the Company therein.
  • Confidentiality
    • Parties undertake and agree to use utmost care to keep confidential at all times the Confidential Information. Neither of the Parties shall disclose to any third party, make copies of any Confidential Information or any content based on the concepts contained within the Confidential Information for personal use or for distribution unless requested to do so by the other Party, or use Confidential Information other than solely for the fulfilment of its obligation under this Agreement.
    • Parties shall use Confidential Information only for the purpose of fulfilling its obligations under this Agreement.
      Other obligations of the Channel partner

      The Channel Partner will offer the following services and not limited to these

      • You will help by making right connects within target businesses and spearhead these accounts for selling Plumb5.
      • Follow up on leads and share insights with Plumb5 sales team for closure
      • Conduct a needs analysis and determine prospects pain points to determine how the Plumb5 solution will speak to those needs
      • Identify key buying influencers within these prospects to determine budget and timeline
      • Manage data for new and prospective clients on Salesforce/any other lead tracking system
      • Contacting potential clients via email or phone to establish rapport and set up meetings
      • Set up for meeting appointment for business development division
      • Attending conferences, meetings, and industry events representing Plumb5, if needed.
      • Work closely with other teams (i.e. customer success, product etc) to better understand the value proposition, development opportunity (business, product etc) with an end-goal of providing a high-touch experience to prospects and/ or clients
      • Support and Training
        • Provision of remote support from our office and on-time resolution of support queries.
        • Provision for a one-time online training for personnel designated to integrate and use Plumb5's product.
        • Provision for free access to all content resources and webinars organized by Plumb5 from time to time for all personnel at the Subscriber's end
        • Provision for support during integration period.
    • Provide feedback on any specific requirement of corporate or enterprise customers, to enhance and increase potential license sales.
    • Market the Products under the terms and conditions of the end-user license agreement only.
    • Employ competent and experienced sales and support personnel so as to render prompt and adequate services as detailed in this Agreement. The Channel Partner shall be solely responsible for the remuneration and other expenses, related to such personnel.

Last Modified: 1st January 2020