Boardable Partner Program Terms & Conditions

Last Updated: September 11, 2024

These Partner Program Terms & Conditions (the “Terms”) govern your participation in the Boardable Partner Program (the “Program”). By participating in the Program, you agree to comply with these Terms in full. Please read these Terms carefully before joining the Program.

1. Definitions

• Affiliate: A company or individual that promotes Boardable’s services in exchange for a commission.
• Partner: A company or individual that promotes Boardable’s services in exchange for a commission.
• Boardable: Board Management Software, Inc. dba Boardable, an Indiana corporation with a principal place of business located at 880 Monon Green Blvd, Carmel, Indiana, 46032, United States.
• Referral: A potential customer directed to Boardable via the Affiliate’s unique referral link.
• Qualified Referral: A referral that meets the criteria outlined in Section 5 and results in a new, paying customer.
• Commission: The payment the Affiliate receives for a Qualified Referral.

2. Affiliate Eligibility

• You must be at least 18 years old and capable of forming a legally binding agreement to join the Program.
• To become an Affiliate, you must submit an application and be approved by Boardable. Approval is at Boardable’s’ sole discretion.
• The Program is open to individuals and entities who comply with these Terms, and participation may be revoked at any time.

3. Affiliate Responsibilities

• Affiliates will be provided with a unique referral link that must be used to track referrals.
• Affiliates are responsible for ensuring that referral links are used correctly to qualify for commissions.
• Affiliates may promote Boardable through websites, social media, emails, or other legitimate channels, provided they comply with all applicable laws and these Terms.
• Affiliates may not:
  • Use false or misleading advertising, or make inaccurate claims about Boardable’s services.
  • Use unauthorized channels such as unsolicited emails (spam) or misrepresent the relationship between the Affiliate and Boardable.
  • Bid on Boardable’s branded keywords or use Boardable’s trademarks in pay-per-click ads without prior written approval.
  • Use deceptive practices such as cookie stuffing or other illegal tracking methods.

4. Qualified Referrals

A Qualified Referral meetings the following criteria:

• The referral is a new customer to Boardable and is not a pre-existing customer.
• The referral completes a purchase of Boardable services within [90 days] of being referred by the affiliate.
• The referral must be a valid, active, paying customer for at least [30 days] after the initial purchase for the referral to be considered qualified.

5. Referral Commission

• Affiliates will earn a $200 commission for any referral that qualifies as a Boardable lead and schedules a demo.
• Commissions are payable within [30 days] following the end of each calendar quarter.
• All payments will be made in US Dollars via [PayPal, bank transfer, etc.], and the Affiliate is responsible for any fees associated with receiving payments.

6. Payment Exceptions

• Commissions will not be paid for referrals that:
  • Were existing customers of Boardable prior to the referral.
  • Cancel their subscription within the first [30 days].
  • Were already in Boardable’s sales pipeline at the time of the referral.
• Boardable reserves the right to withhold or decline commission payments for referrals that do not meet these requirements or were generated through fraudulent or unethical practices.

7. Marketing and Promotion

• Affiliates are encouraged to use creative, accurate marketing materials to promote Boardable. Any marketing content containing Boardable’s trademarks, logo, or promotional materials must be approved by Boardable in writing.
• Boardable may provide marketing collateral, which the Affiliate can use without modification.
• Affiliates must comply with all local, state, federal, and international laws and regulations, including advertising laws, email marketing regulations (e.g., CAN-SPAM Act), and data privacy laws (e.g., GDPR).

8. Confidentiality

• During the course of your participation in the Program, you may receive confidential information, such as pricing, marketing strategies, or customer information. You agree not to disclose or use this information except as necessary to promote Boardable’s services.
• This confidentiality obligation survives the termination of your participation in the Program.

9. Termination

• Either party may terminate the Affiliate’s participation in the Program at any time, for any reason, with or without cause, by providing [30 days] written notice.
• Upon termination, the Affiliate must immediately cease using all Boardable trademarks, logos, and promotional materials.
• Qualified Referrals generated before termination will still be eligible for commissions, provided they meet the criteria outlined in these Terms.

10. Relationship of the Parties

• The Affiliate’s relationship with Boardable is that of an independent contractor. Nothing in these Terms creates an agency, employment, or join venture relationship.
• Affiliates are not authorized to make any representations, warranties, or commitments on behalf of Boardable.

11. Indemnification

• The Affiliate agrees to indemnify, defend, and hold harmless Boardable, its affiliates, and their respective directors, officers, employees, and agents from any claims, damages, or expenses (including reasonable attorney’s fees) arising from the Affiliate’s breach of these Terms or participation in the Program.
• Boardable agrees to idemnify, defend, and hold harmless the Affiliate from any third-party claims related to Boardable’s services, provided the Affiliate’s actions were in compliance with these Terms.

12. Limitation of Liability

• To the maximum extent permitted by law, Boardable will not be liable for any indirect, incidental, punitive, or consequential damages, including but not limited to loss of revenue, profits, or data, arising out of related to the Affiliate’s participation in the Program.
• Boardable’s aggregate liability to the Affiliate will not exceed the total commission paid to the Affiliate in the 12 months preceding the claim.

13. Governing Law and Dispute Resolution

• These Terms are governed by and construed in accordance with the laws of the State of Indiana, without regard to its conflict of law principles.
• Any dispute arising out of or relating to these Terms will be resolved in the state and federal courts located in Indianapolis, Indiana. Both parties consent to the exclusive jurisdiction and venue of such courts.

14. Modification of Terms

• Boardable reserves the right to modify these Terms at any time. Affiliates will be notified of significant changes, and continued participation in the Program following such changes constitutes acceptance of the revised Terms.

15. Publicity and Marketing

• By joining the Program, the Affiliate grants Boardable the right to use the Affiliate’s name, logo, and other identifying information in Boardable’s marketing materials, including the Affiliate’s inclusion on a publicly accessible list of affiliates, unless otherwise prohibited by law.
• Boardable may issue press releases or marketing materials about the Affiliate’s participation, subject to the Affiliate’s review and approval, which shall not be unreasonably withheld.

By participating in the Boardable Partner Program, you acknowledge that you have read and agree to abide by these Terms & Conditions.