(source: JazzHR.com)

This document includes a summary of the terms (“Terms”) of the JazzHR Partner Program (“Partner Program”) and describes how we will work together and other aspects of our business relationship. These Terms govern the referral and resale of all products and services from JazzHR, its parent, and related companies, collectively referred to as “JazzHR.” These Terms may be periodically updated or replaced.

GENERAL PROGRAM TERMS
  1. A JazzHR partner (“Partner”) may: (a) refer potential customers (“Referrals”) to JazzHR and may earn a Referral Fee; or (b) resell JazzHR products (“JazzHR Products”) at a price set by the Partner.
  2. A Partner may submit a Referral to Partner’s point of contact at JazzHR by providing the name of the entity, contact information, and website. (The date JazzHR receives such submission shall be deemed the “Original Referral Date”). All Referrals will be validated by JazzHR. JazzHR may either accept or decline any Referral submitted by a Partner, which will then become a “Qualified Referral.” A Referral may be rejected if the Referral is currently being solicited by JazzHR, an existing JazzHR customer, or an existing lead in the JazzHR CRM that came from a paid lead source.
  3. In order to participate in the JazzHR Partner Program, a JazzHR Partner must accept and agree to these JazzHR Partner Program Terms, which govern the JazzHR Partner’s behavior under the Partner Program.
  4. All JazzHR referral pricing and the resale cost of the JazzHR Products is subject to change at JazzHR’s sole discretion.
  5. Partners agree to treat all proprietary and non-public JazzHR information as confidential.
  6. The resale cost of the JazzHR Products is to be considered confidential and is not to be shared with prospects, customers, clients, or other third parties.
  7. Partners agree to always discuss and promote JazzHR in the best possible manner.
  8. Partners agree to use all referral and resale JazzHR Products for a single, unique client and may not allow access to or usage of such subscription by or for any other client. For sake of clarity, a JazzHR Product may only be used for the original customer it was purchased for and may not be shared, transferred, used on behalf of, or sold to another customer.
  9. Portions or the entirety of these Terms may be overridden by a unique written contract between an individual Partner and JazzHR.
RESALE TERMS
  1. When reselling JazzHR Products, Partners may charge their end customer a price they choose, but will be responsible for paying JazzHR the JazzHR Product resale cost (set by JazzHR) for each subscription sold.
  2. Partners may only purchase a single JazzHR subscription for resale to a single, unique client and may not allow access to such subscription by any other client. For sake of clarity, a JazzHR Product may only be used for the original customer it was purchased for and may not be shared, transferred, used on behalf of, or sold to another customer.
  3. Product Usage Limitations. Resale customers may be subject to product usage limitations. Any such limitation(s) will be applicable and enforced at the sole discretion of JazzHR and may impact the JazzHR product resale cost paid by the Partner for each subscription.
REFERRAL FEE TERMS
  1. Subject to the terms and conditions of this Partner Program, for each Qualified Referral that purchases a JazzHR Product pursuant to JazzHR’s applicable Terms of Service, or other written customer agreement (“Contract”), JazzHR shall pay a referral fee (“Referral Fee”) according to the following schedule:
    1. JazzHR Products
      1. Gold Partners 20% of Net Revenue
      2. Platinum Partners 25% of Net Revenue
    2. Jobvite Products
      1. All Partners 10% of Net Revenue
  2. Any Referral Fee is based on Net Revenue actually received by JazzHR pursuant to a Contract signed by a Referral within six (6) months of the Original Referral Date.
  3. “Net Revenue” shall mean the base subscription fee and the recurring cost of subscription add-ons for a JazzHR Product and for the avoidance of doubt, does not include: (i) non-recurring fees, set-up or implementation fees, pre-production fees, training fees, consulting or professional services fees, telecommunications services fees, shipping fees or delivery fees, (ii) any fees derived from Referral conversion or special one-time reports, (iii) any sales, service, or excise taxes, (iv) any third-party pass-through charges, (v) any deductions for credits, refunds or write-offs, and (vi) any fees for products or services other than the recurring base subscription and recurring add-ons.
  4. A Partner Referral Fee will be earned only following: (1) receipt of a valid Qualified Referral; and (2) receipt of a current customer payment from the Qualified Referral. A Partner Referral Fee will not be earned for customers who have not made complete payments to JazzHR.
  5. If a customer who was a Qualified Referral cancels their subscription, no further Referral Fee will be earned.
  6. JazzHR, at its sole discretion, may grant or revoke Referral Fee on a Partner referral.
  7. If two or more Partners submit the same Referral, a Referral Fee may only be earned by the Partner that materially secures the relationship with the end customer. Proof of services may be required if there is a dispute. JazzHR, at its sole discretion, will determine which Partner receives Referral Fee.
  8. If a Referral is not received from a Partner to JazzHR prior to becoming a customer, no Referral Fee may be earned.
  9. Partners may opt-out of eligibility to earn Referral Fees if they so choose.
  10. If a Qualified Referral becomes a JazzHR Partner, the original referring Partner may only earn a Referral Fee if the Qualified Referral Partner purchases JazzHR for its own use. For sake of clarity, the original referring Partner may not earn any Referral Fees on any Referrals that originate from the Qualified Referral Partner they referred.
  11. Partners may only use their Not For Resale (NFR) JazzHR Product for their own internal recruiting needs, client account management, and demonstration of JazzHR to prospective customers. For sake of clarity, if a Partner uses their NFR JazzHR Product for any purpose other than stated above, including but not limited to recruiting activities on behalf of a customer, JazzHR may, in its sole and exclusive discretion, terminate the Partner’s access to their NFR JazzHR Product and require Partner to purchase a JazzHR Product for themselves, and/or terminate their participation in this Partner Program.
  12. JazzHR, in its sole and exclusive discretion, may terminate access to Not For Resale JazzHR Products at any point.
SUSPENSION TERMS
  1. A Partner’s eligibility to earn Referral Fees may be suspended if a Partner has not referred a new customer or resold a JazzHR Product in the trailing 12-month period. Eligibility to earn a Referral Fee may be restored if the Partner refers a new customer or resells a JazzHR Product. Upon restoration of eligibility, Partner will again be eligible to earn a Referral Fee for all Qualified Referrals and JazzHR may, in its sole and exclusive discretion, provide a retroactive Referral Fee payment for any Referral Fees that would have otherwise been earned during the period of time that eligibility was suspended.
  2. Eligibility to earn Referral Fees may also be suspended if a Partner has an outstanding balance with JazzHR. Upon clearing any outstanding balance, eligibility to earn Referral Fees will be restored and a retroactive payment may be made for any Referral Fees that would have otherwise been earned during the period of time that eligibility was suspended.
PAYMENT TERMS
  1. Any earned Referral Fees will be paid to Partners on a monthly basis provided that the Referral Fee balance due to a given Partner exceeds $100.00 for the preceding month(s) when receiving payments via check (United States only) or wire (International only). If receiving payments via E-payment (United States only), payments will be made monthly for any balance due.
  2. In order to receive payments Partners must submit a valid W-9 to JazzHR.
LEGAL STUFF
  1. JazzHR grants Partners a limited, non-exclusive, non-transferable license to: (a)use a NFR account solely for the purposes of its own internal business use, client account management, or to provide demonstrations to potential customers; (b) resell JazzHR pursuant to the JazzHR Terms of Service; (c) to copy and distribute sales and marketing materials provided by JazzHR to its Representatives and to Prospects.
  2. Partners agree to indemnify, defend, and hold JazzHR harmless from and against all third party claims, losses, liabilities, and expenses arising directly or indirectly from the Partner’s breach of the terms of this Partner Program, the JazzHR Terms of Service, or as a result of any unauthorized representations or warranties made by Partner regarding JazzHR or the JazzHR Products.
  3. All products, services, content, and partnership-related activities provided by JazzHR to Partners are provided AS IS, WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.

For questions or other notices regarding these Terms, please email compliance@JazzHR.com or partners@jazzhr.com.

For other issues related to the Services, please contact JazzHR at:

JazzHR
610 Lincoln Street, Suite 205
Waltham, Massachusetts 02451
USA
+1 888 353 0887