KENOTRONIX PARTNER PROGRAM RULES
Last revised: November 27, 2020
PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES
This Partner Program Agreement (the “Agreement”) is entered into by and between Kenotronix, a Quebec company (“Kenotronix”) and you, and takes effect on the date of electronic acceptance. This agreement sets out the terms and conditions of your use of the Kenotronix Partner Program (the “Program”), represents the entire agreement between you and Kenotronix relating to the subject matter hereof and supersedes all other agreements, proposals, communications. and agreement, whether written or oral, between Kenotronix and you, other than as incorporated by reference into this Agreement.
Your electronic acceptance of this Agreement signifies that you have read, understood, and agree to be bound by this Agreement, as well as the Kenotronix Terms of Service, which are incorporated herein by this reference.
In this agreement, when we say “you”, “your”, “partner” and “customer” we mean the owner of the Kenotronix account and the person using the service. When we say “we”, “our”, “we”, “Sponsor”, “Supplier” and “Kenotronix”, we mean Kenotronix Ltée. Nothing in this Agreement shall be deemed to confer any right or benefit of any third party, except where specifically granted herein.
We may, in our sole and absolute discretion, change or modify this Agreement, and any policies or agreements incorporated therein, at any time and such changes or modifications shall be effective immediately upon posting on this website. Your use of this site or the service and your continued participation in the program after any such changes or modifications will constitute your acceptance of this agreement as last revised. If at any time you do not agree to the terms of this agreement or any of the policies of our website, discontinue your participation in the program. We may, without obligation, notify you from time to time of changes or modifications to this Agreement by email. It is therefore very important that you keep your account contact information up to date. We are not responsible for your inability to receive important notifications due to inaccurate contact information.
For the purposes of this Agreement, the following definitions apply and all undefined terms have the meanings ascribed to them in the context in which they are used in this Agreement:
“Qualifying Service” or “Qualifying Services” refers to the first hosting product or service purchased by the referred customer. Currently, eligible services include: all Shared services, Developer VPS, Managed VPS, Dedicated Server, Cloud Computing, Managed WordPress and IP Telephony.
“Customer Discount” is the 20% discount offered to each partner with any hosting product that does not include AWS Managed Services or Advanced Help.
“Rewards” or “rewards” collectively refer to the various benefits offered to the Partner. A list of current partner benefits can be found on the webpage of the partnership program .
“Referral Credit” refers to the 20% referral credit the Partner may be eligible for for any Referred Customer. This referral credit excludes AWS Managed services.
“Levels” refers to the qualifying Partner status obtained.
DESCRIPTION OF THE PROGRAM
The goal of the program is to foster long-term relationships with agencies, digital studios, designers, web professionals and strategic partners in order to create a beneficial hosting experience for our common end customers. Partners are eligible for the rewards detailed on the webpage of the partnership program .
The partner must be at least 18 years old at the time of the start date of the eligible service. So that the partner can claim the rewards: (i) Partner must first complete registration with Kenotronix; (ii) meet the eligibility criteria for the respective levels as defined on the webpage of the partnership program and (ii) accept the applicable general conditions. For the partner to receive an account credit: (i) the referred customer must keep the qualifying service open for at least 60 calendar days with all charges paid to the Kenotronix account; and (ii) The Partner must be an existing Kenotronix customer with an open Account, in good standing, for all the time partnership.
The partner and the referred customer are responsible for ensuring that all contact information and account details are up to date and valid at all times. Partner and referred customer agree to comply with all applicable federal, state, tax and local laws and regulations. If the Partner and / or referred customer fails to comply with any of the terms of this Agreement, the Terms of Service or any other agreement, including, but not limited to, product agreements Applicable Rules incorporated herein, as determined by us in our sole discretion, Partner may not be eligible for rewards. Notwithstanding the foregoing, Partner agrees that Kenotronix may terminate Partner’s relationship with Kenotronix if Partner breaches, as determined by Kenotronix in its sole discretion, any of the terms of this Agreement and / or for non-payment of charges.
ADVANTAGES OF THE PARTNER
<h3< (a) Overview
A detailed list of current partner benefits can be found on the webpage of the partnership program . Compliance with program requirements will be verified by Kenotronix and determined in its sole discretion. After completion of the program requirements and verification by Kenotronix, in accordance with the terms of this Agreement, the Customer Discount and / or Referral Credit will be credited to the Partner’s account within 60 calendar days of Partner’s purchase. Customer discount and / or referral credit is forfeited if qualifying service is terminated for any reason within six (6) months of partner purchase. If the partner does not have an account in good standing to credit, the customer discount and / or the referral credit are lost. Reference credit has no cash value and cannot be transferred. Customer discount and / or referral credit does not include applicable taxes. Any unused amount, customer discount and / or referral credit will remain in the partner’s account for two years or until the account is closed, whichever occurs first. Kenotronix reserves the right to discontinue or modify this promotion at any time.
(b) Qualification levels
Levels are determined by the number of qualifying services purchased by the partner or their sponsored customer. Eligible Services, Levels and Rewards are determined solely by Kenotronix and are subject to change at any time, in Kenotronix’s sole discretion, without notice. The rewards offered with these levels are governed by the terms set out in this agreement.
Partner must maintain the designated number of Eligible Services for a calendar year to be eligible for that Tier, as determined at Kenotronix’s sole discretion. Eligible services are subject to change at any time, at Kenotronix’s sole discretion, and without notice.
(c) Sales and marketing guarantee
Various marketing materials, such as white papers, case studies, and proposal information, may be provided to Partner for use in promoting Kenotronix, depending on availability, as determined in Kenotronix’s sole discretion. You acknowledge and agree that such material is the sole and exclusive property of Kenotronix, and your use of such material will be for the benefit of Kenotronix.
(d) Client Spotlight and Directory Listing
Where appropriate, the partner can subscribe to an online directory listing or an online forum to showcase the company’s location and expertise. As a Kenotronix partner, by agreeing to this agreement, you agree that Kenotronix may use your individual name and / or your company name and / or logo on our website, blog, marketing materials and other advertisements to indicate that you are or were a Kenotronix customer. If you partner with Kenotronix on behalf of a customer or other third party, you represent and warrant that you have permission to grant such authorization on behalf of that third party. This provision will survive termination of this Agreement or of your customer or partner relationship with Kenotronix.
(e) Kenotronix and VIP events
After meeting the eligibility requirements for the applicable tiers, the partner may gain access to certain events sponsored by Kenotronix. Events are by invitation only. Seats are not guaranteed and eligibility is determined solely by Kenotronix and may be changed at any time, at Kenotronix’s sole discretion, and without notice.
(f) Customer service
All partners have access to Kenotronix customer service. Written support requests or support service requests may be given priority service to higher tier partners, subject to availability and at Kenotronix’s sole discretion.
(g) Intellectual property
You acknowledge and agree to the Kenotronix Partner Program, Kenotronix names, brands and logos, and all associated product and service names, design marks and taglines, including misspellings and variations (the ” Kenotronix ‘), are the sole and exclusive property of Kenotronix, and your use of the Kenotronix trademarks will be for the benefit of Kenotronix. You are not permitted to use the Kenotronix trademarks in any advertisement, advertisement or other commercial endeavor, except by displaying in an unchanged state any icons, buttons, badges, banners, graphics, files or content contained in Kenotronix links. as provided in this agreement.
You agree not to use, advertise or promote in any way any mark of Kenotronix in the title or description associated with paid search engines for placement or advertising on paid search engines and you may not bid on no mark of Kenotronix on any paid placement search engines.
TERMS AND CONDITIONS
Kenotronix reserves the right to modify these terms and conditions, or to change, interrupt or stop the program for a period of time or permanently, without notice.
Partners are responsible for all applicable taxes associated with receiving the reward, which is non-transferable and non-redeemable.
This program is void where prohibited and is subject to all applicable federal, state and local laws and regulations. In the event that any provision is found to be invalid or otherwise unenforceable or illegal, these rules will otherwise remain in effect and be construed in accordance with the terms as if the invalid or illegal provision were not contained herein.
The Partner must notify the Program Manager upon referral of the client in order to receive the Reward. Sponsorships are subject to verification at Kenotronix’s sole discretion. Kenotronix reserves the right to disqualify anyone found to be in violation of this agreement. Any attempt to willfully interfere with the rules set forth in this Agreement, to damage any website, or to interfere with the administration, security or legitimate operation of the Program, is a violation of criminal and civil laws, and Kenotronix reserves the right to seek damages and / or other relief (including attorney’s fees) from all persons responsible for such acts to the fullest extent permitted by law, which may include prohibition or disqualification of participants from this program and future Kenotronix programs.
TITLES AND HEADINGS; INDEPENDENT ALLIANCES; SEVERABILITY
The titles and headings of this agreement are provided for convenience and ease of reference only and should not be used in any way to interpret or interpret the agreement of the parties as stated otherwise herein. Each pact and agreement of this Agreement shall be interpreted for all purposes as a separate and independent pact or agreement. If a court of competent jurisdiction considers any provision (or part of a provision) of this Agreement to be unlawful, invalid or otherwise unenforceable, the remaining provisions (or parts of provisions) of this Agreement shall not be affected by it and shall be found. . be valid and enforceable to the fullest extent permitted by law.
FRENCH LANGUAGE CONTROLS
This Agreement, together with all applicable policies and product agreements identified above and incorporated herein by reference (collectively, the “Agreement”), is executed in French. To the extent that a translation is provided to you, it is provided for convenience only, and in the event of a conflict between the French version and the translated version, where permitted by law, the French version will prevail. When the translated version should be provided to you and should be considered binding by law (i) both language versions have the same validity, (ii) each party acknowledges that it has considered both language versions and that they are substantially the same in all material respects, and (iii) in the event of any discrepancy between these two versions, the translated version may prevail, provided that the intention of the parties has been fully taken into account.