ZOHO CREATOR DEVELOPER PROGRAM
This Zoho Creator Developer Program Agreement (“Agreement”) is intended to outline the terms and conditions for participation in the Zoho Creator Developer Program (“ Developer Program”) and is a legally binding contract between you or the company you represent (“You” or “Your”) and Zoho Corporation (“Zoho”). By signing up, you or the entity that you represent agree to be bound by this Agreement in the event that you are appointed by Zoho as a Partner. If you do not agree to be bound by the terms of this Agreement, do not proceed with the electronic sign up process.
Acceptance into the Developer Program
Individuals are appointed as Developers and entities are appointed as Solution Providers. Your appointment as a “Developer” or “Solution Provider” for Zoho Creator and will be subject to review of the information provided by you during sign up and will be at Zoho’s sole and absolute discretion.
If you are a Developer, participation in the Developer Program will entitle you to certain benefits as outlined in the Developer Program Website/confirmation e-mail sent to you by the Zoho partner team. You will also be able to develop and distribute Zoho Creator applications to your customers.
Developers who undergo Zoho’s training process become Certified Developers. Once you become a Certified Developer, you will be able to use the official Certified Developer logo and represent yourself as a Zoho Certified Developer.
If you are a Solution Provider, you will be entitled to distribute subscriptions of Zoho Creator to prospective customers only if you have at least one Certified Developer employed by you and registered with Zoho at the time of referring the prospect. As a Solution Provider, you will be provided access to the Zoho Reseller Store which is used to manage transactions for Zoho Creator licenses. Potential customers may be registered by you in the Zoho Reseller Store. In the event a potential customer registered by you purchases a Zoho Creator paid subscription plan within a period of three months form the date of registration, you will be entitled to a commission (“Commission”) on such initial purchase and subsequent eligible purchases by the customer (“Eligible Transactions”) as specified in the confirmation e-mail sent to you by the partner team at Zoho.
Payment of Commission
Commission will accrue only upon completion of forty five (45) days from the date of purchase of the paid subscription plan by the customer. You will not be entitled to Commission n in case the customer cancels the subscription or downgrades to a free subscription plan and claims a refund of the subscription fee.
Commission earned by you will be paid out only if the unpaid Commission reflected in your account accrues to $100. If the unpaid Commission reflected in your account equals or exceeds $100 on or before the 15 th of a month, you will receive an email on the 15 th of such month asking you to process your Commission. Payment will be made through PayPal, wire transfer or any other method chosen by Zoho in its sole discretion.
You shall be responsible for payment of all taxes, duties, governmental charges and other like charges levied on the Commission, and you shall indemnify, defend and hold Zoho harmless from and against any claims arising out or relating to all charges emanating from Zoho’s payment of Commission.
End User Applications and Technical Support
With respect to the online database applications created f or Zoho Creator customers (“End User Applications”), you are solely responsible for honoring commitments, warranties and representations. You should communicate to customers that Zoho is not responsible or liable to customers, in any manner whatsoever, for the End User Applications. Zoho agrees not to impose any restrictions on the number of End User Applications you create and distribute.
You understand that others may create applications similar to the End User Applications developed by you. You agree not to claim any exclusive rights with respect to the End User Applications. This section does not affect copyright or other intellectual property rights you may have in the End User Applications created by you.
You agree that creation and distribution of the End User Application s will be at your sole risk. Zoho shall not be responsible for any cost, expense or loss incurred by you in connection with development, promotion or distribution of the End User Application s.
You may contact Zoho for technical support by telephone or email. Technical support includes development assistance and reporting issues in Zoho Creator. Zoho’s technical support obligation does not include resolving issues in the applications developed by you. You are responsible for resolving issues in the applications developed by you as long as such issues are not caused by an issue in Zoho Creator. You must communicate to customers in writing that Zoho has no technical support obligations with respect to the End User Applications.
You agree to conduct yourself in a responsible, professional, and appropriate manner while dealing with person who engage you for developing or assisting them in developing Zoho nCreator-based applications (such persons hereinafter referred to as, “Clients”). You also agree to communicate to Clients that you are solely responsible for providing technical assistance with respect to your work product and ensure that Clients do not approach Zoho for technical assistance with respect to your work product or make any claim against Zoho as a result of the services provided by you to clients.
Term and Termination
This Agreement will commence as of the date you receive an email from Zoho confirming your appointment as a “Developer” or “Solution Provider” and shall continue until terminated by either party in accordance with the provisions contained in this Agreement.
•Termination without Cause: Either party may terminate this Agreement at any time, for any reason, by giving thirty (30) days notice through email.
•Termination for Cause: Your failure to comply with any of the terms of this Agreement may result in a warning or immediate termination of this Agreement by Zoho.
• Termination for Discontinuation of the Developer Program: Zoho reserves the right to discontinue the Developer Program. In the event Zoho decides to discontinue the Developer Program, you will be provided with thirty (30) days notice through email.
Effect of Termination
In the event of termination of this Agreement without cause by you or for cause by Zoho, Zoho will pay you any outstanding Commission accrued as of the date of such termination.
In the event of termination of this Agreement without cause by Zoho or discontinuation of the Developer Program, you will continue to receive Commission for all Eligible Transactions for a period of one year in respect of all customers who have converted to a paid subscription plan before the end of the thirty day notice period.
Except as specifically stated above, 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 Developer Program. You must immediately remove all references to Zoho from your website.
THE DEVELOPER PROGRAM AND ZOHO CREATOR ARE PROVIDED "AS IS". ZOHO DOES NOT MAKE ANY REPRESENTATION OR WARRANTYn OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE WITH RESPECT TO THE DEVELOPER PROGRAM OR ZOHO CREATOR. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, ZOHO DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE DEVELOPER PROGRAM AND ZOHO CREATOR 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 nARISING IN CONNECTION WITH TERMINATION OF THIS AGREEMENT OR YOUR PARTICIPATION IN THE DEVELOPER PROGRAM.
Limitation of liability
ZOHOn 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, nOR LOSS OF BUSINESS INFORMATION ARISING OUT OF THIS AGREEMENT OR FOR ANYn 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 DEVELOPER PROGRAM UNDER THIS AGREEMENT SHALL NOT EXCEED THE COMMISSION PAID OR PAYABLE TO YOU UNDER THIS AGREEMENT.
Changes to the Terms of 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 ann 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 Developer Program or accept the changes and continue to participate in the Developer Program. Your continued participation in the Developer Program after fifteen days from the date of notice of any such changes shall constitute your consent to such changes.
Modifications to the Developer Program
Zoho reserves the right to modify or discontinue, temporarily or permanently, the Developer Program upon reasonable notice. You agree that Zoho shall not be held liable to you or to any third party for any modification, suspension, or discontinuance of the Developer Program.
Relationship of Parties
The relationship between you and Zoho is non-exclusive. This Agreement shall not be construed as creating a partner ship,n joint venture, agency or any other relationship. You are not authorized to enter into any contract or to assume any obligation on behalf of nZoho. 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. You agree not to register any trademarks that are confusingly similar to Zoho's trademarks. Similarly, you agree not to register or use any internet domain names that are confusingly similar to Zoho's trademarks. Zoho’s failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of Zoho’s n right to enforce such provision or any other provision of this nAgreement subsequently. If any part of this Agreement is found invalid nor unenforceable, the remainder shall be interpreted so as to reasonably effect the intention of both parties.
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