Referral Program Terms

If you are participating in the Referral Program, then these Referral Program Terms will apply to you. The Referral Program allows you to refer potential purchasers of Auvik products and services (“Auvik Offerings”) to us, by submitting such customer’s information to us through the Partner Portal. Upon our acceptance of such customer, and such customer’s payment for the Auvik Offerings to us, we will provide you with a commission equal to a percentage of such payment, as set forth in the Program Materials or otherwise expressly agreed upon in writing between you and Auvik.

Referral Obligations

You shall be solely responsible for all promotion, marketing, and referral activities undertaken pursuant to your participation in the Referral Program, including all expenses thereof, unless otherwise expressly agreed upon in writing between you and Auvik. In promoting and marketing Auvik Offerings and making referrals hereunder, you represent and warrant that you shall:

  1. use best efforts to successfully and effectively promote and market the Auvik Offerings, in a manner that reflects favourably at all times on the Auvik Offerings and the reputation of Auvik;
  2. not engage in deceptive, misleading, illegal or unethical practices that might reasonably be detrimental to Auvik or any Auvik products or services, including the Auvik Offerings;
  3. not make any representations, warranties or guarantees about Auvik, or any Auvik products or services, including the Auvik Offerings and the operation of the Auvik Offerings, or any representations that Auvik will accept orders for the Auvik Offerings, unless expressly authorized in writing by Auvik;
  4. provide complete and accurate referral information to allow us to properly contact and communicate with the referred customer.

You are not authorized to hold yourself out as an agent of Auvik, and your role shall strictly be that of an independent contractor, referring customers to us, for acceptance or rejection in our sole discretion. Accordingly, you acknowledge and agree that:

  1. you are not authorized to accept or reject any orders for Auvik Offerings or any other Auvik products or services; any request by any third party to purchase such Auvik Offerings or other products or services shall be immediately forwarded to us through the Partner Portal or otherwise in writing, and shall be subject to acceptance by Auvik. We reserve the right to accept or reject any order in our sole discretion;
  2. the prices and other terms of sale of Auvik Offerings or any other Auvik products or services shall be determined solely by us; and
  3. any enquiries respecting Auvik Offerings, and other Auvik products or services, or Auvik must be immediately directed to us.

You must inform customers that all Auvik Offerings are subject to Auvik’s terms of service, and any other applicable Auvik agreements, and must not in any way imply or indicate that any third party terms and conditions apply.

Intellectual Property

Nothing herein transfers any intellectual property right in the Auvik Offerings, or to any other Auvik products or services, to you or any third party and Auvik retains full ownership, right, title and interest thereof. You may only use, reproduce, perform and display any Program Materials (and any Auvik trademarks attached thereto) to the limited extent necessary to exercise your Referral Program rights described in these terms and conditions and the Program Materials. All customer information that you provide to us under the Referral Program will be deemed to be owned by us.

Payment Terms

We will pay you commissions in relation to the net revenue collected by us for the Auvik Offerings purchased as a result of your referral of a customer through the Program Portal, in accordance with the terms set forth in the Program Materials. The following must occur prior to the payment of commissions:

  1. Completion and full execution of all required legal agreements by Auvik and the referred customer, such as standard terms and conditions, and/or support agreements;
  2. Auvik invoicing the customer in accordance with their standard accounting practices; and
  3. Referred customer paying Auvik in full.

In the event that your participation in the Program is terminated, you will be paid full commissions for all orders for which you are entitled to commissions in accordance with the terms herein, that have been successfully invoiced, booked and collected by Auvik as of the effective date of termination.