This Advisor Program Agreement (“Agreement”) is intended to outline the terms and conditions for participation in the Zoho Books Advisor Program (“Advisor Program”) and is a legally binding contract between you or the company you represent (“You” or “Your”) and Zoho Corporation Private Limited (“Zoho”). By signing up, you agree to be bound by this Agreement in case of your appointment by Zoho. If you do not agree to be bound by the terms of this Agreement, do not proceed with the electronic sign up process.
Your designation as an Advisor for Zoho Books will be subject to review of the information provided by you during sign up and will be at Zoho’s sole and absolute discretion.
Upon appointment, an account will be created for you in the Zoho Store Advisor Portal for the purpose of registering prospective customers and for the purpose of managing the partner fees earned by you through this Advisor Program. In addition, you can also register prospective customers by sending an email to email@example.com with the required details. You shall register a person as a prospective customer only if you reasonably believe that such person is interested in using Zoho Books. You shall not abuse the prospective customer registration process through en masse registrations. Registration of prospective customers will be subject to review by Zoho.
In the event a potential customer registered by you purchases a Zoho Books paid subscription plan within a period of three months from the date of registration, you will be entitled to a partner fee or a Partner discount on such purchases as specified in the confirmation e-mail sent to you by the Zoho Books partner team (“Partner Fee” or “Partner Discount”).
Partner Fee will accrue only upon completion of forty five (45) days from the date of purchase of the paid subscription plan by the customer. Optionally, you may pay Zoho for the subscription fees based on your Partner Discount and collect the list price for the subscription from your customers. You will not be entitled to Partner Fee in case the customer cancels the subscription or downgrades to a free subscription plan and claims a refund of the subscription fee. You understand that in the event a customer for whose subscription you have availed Partner Discount claims a refund, Zoho will refund only the actual fees charged by Zoho.
Partner Fee earned by you will be paid out only if the unpaid Partner Fee reflected in your account crosses the threshold of $100. If the unpaid Partner Fee reflected in your account equals or exceeds $100 on or before the 15th of a month, you will receive an email on the 15th of such month asking you to process your Partner Fee. Payment will be made through PayPal, wire transfer or any other method chosen by Zoho in its sole discretion.
You will be responsible for payment of all taxes, duties, and charges levied on the Partner Fee, and you shall indemnify, defend and hold Zoho harmless from and against any claims arising out or relating to non-payment of applicable taxes, duties, and charges.
You agree to conduct yourself in a responsible, professional, and appropriate manner while dealing with prospective customers. You also agree not to make any representation or warranty with respect to Zoho Books to the prospective customers other than those representations and warranties contained in the Zoho Terms of Service.
The free use of the Zoho Product Suite is given at the sole discretion of the Zoho Books Advisor Team. You are granted access to the Zoho Finance Suite upon Advisor Program registration. You may request access to new Zoho Finance programs by writing to firstname.lastname@example.org. Complimentary usage of the Zoho Product Suite, including the Zoho Finance Suite, are limited to 1 year based on date of Advisor Program registration. You must register at least 5 clients per year through the Zoho Store Advisor Portal to maintain free access to the Zoho Product Suite atthe end of the registration year. Failure to do so will result in a downgrade to free version for all subscribed products. Downgraded accounts will be placed in probationary period for each registration year with fewer than 5 new clients. Zoho Programs can be reactivated by paid subscription. Advisors in a probationary period can qualify for free access to the Zoho Product Suite by registering at least 5 clients during the registration year. Free access will be granted for the following registration year. Zoho is not be responsible for refund of paid subscriptions upon granting of free access.
This Agreement will commence as of the date you receive an email from Zoho confirming your appointment as an “Advisor and shall continue until terminated by either party in accordance with the provisions contained in this Agreement.
In the event of termination of this Agreement without cause by you or for cause by Zoho, Zoho will pay you any outstanding Partner Fee accrued as of the date of such termination. In event of discontinuation of the Advisor Program, you will not be permitted to register new prospective customers in your Zoho Reseller Store account during the (3) months period following notice of discontinuation. Except for registration of new prospective customers, you will be permitted to access your account and perform all other activities. You will also be entitled to Partner Fee or Partner Discount in respect of paid subscriptions by prospective customers already registered in your account.
At the end of the (3) months period, Zoho will pay you any outstanding Partner Fee accrued as of such date.
Termination of the Agreement will end all rights and responsibilities of both parties set out in this Agreement, any email communication or any web page relating to the Advisor Program.
THE PARTNER PROGRAM AND ZOHO BOOKS ARE PROVIDED "AS IS". ZOHO DOES NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE WITH RESPECT TO THE PARTNER PROGRAM OR ZOHO BOOKS. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, ZOHO DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE PARTNER PROGRAM AND ZOHO BOOKS INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, QUIET ENJOYMENT, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. ZOHO WILL NOT BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH TERMINATION OF THIS AGREEMENT OR YOUR PARTICIPATION IN THE PARTNER PROGRAM.
ZOHO WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION ARISING OUT OF THIS AGREEMENT OR FOR ANY CLAIM BY ANY OTHER PARTY EVEN IF ZOHO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ZOHO’S ENTIRE LIABILITY WITH RESPECT TO THIS AGREEMENT AND THE PARTNER PROGRAM UNDER THIS AGREEMENT SHALL NOT EXCEED THE PARTNER FEE PAID OR PAYABLE TO YOU UNDER THIS AGREEMENT.
You understand that Zoho may modify the terms of this Agreement from time to time. However, you will be provided notice of such changes through an announcement or by electronic mail. Upon being informed of such changes, you may either terminate this Agreement within fifteen days and cease participating in the Advisor Program or accept the changes and continue to participate in the Advisor Program. Your continued participation in the Advisor Program after fifteen days from the date of notice of any such changes shall constitute your consent to such changes.
The relationship between you and Zoho is non-exclusive. This Agreement shall not be construed as creating a partnership, joint venture, agency or any other relationship. You are not authorized to enter into any contract or to assume any obligation on behalf of Zoho. Neither is Zoho authorized to enter into any contract or to assume any obligation on your behalf.
This Agreement shall be construed, interpreted and governed by the laws of the State of California exclusive of its conflict of law provisions. Any dispute arising out of this Agreement will be subject to the exclusive jurisdiction of courts in Northern California. This Agreement constitutes the entire agreement between You and Zoho, and supersedes all prior communications, understandings and agreements. You may not assign this Agreement, by operation of law or otherwise, without Zoho’s prior written consent. Zoho’s failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of Zoho’s right to enforce such provision or any other provision of this Agreement subsequently. If any part of this Agreement is found invalid or unenforceable, the remainder shall be interpreted so as to reasonably effect the intention of both parties.