20.05.2018
PLEASE READ ALL OF THE FOLLOWING TERMS AND CONDITIONS OF THIS PARTNERSHIP PROGRAM CAREFULLY. IF YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, CLICK ON THE “ACCEPT” BUTTON.
IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, CLICK ON THE "DECLINE" BUTTON AND YOU WILL BE INELIGIBLE TO PARTICIPATE IN THE PARTNERSHIP PROGRAM AND CONFIDENTIALITY AGREEMENT BY GOLEM IMS GMBH.
1. The Terms and Conditions of Partnership Program are supplementary to Terms of Services for Members of PharosN portal running under domain names win2biz.com and pharosnavigator.com.
2. Partnership and its Aims. The aim of the Partnership Program is in creating conditions for sustainable and effective business development by the following collaborating partners:
You as independent Partner providing quality services to your customers
and
Company GOLEM IMS GMBH, Hausfeldstrasse 22/1/7, 1220 Vienna, Austria as services developer and provider (further called “Provider”).
3. Partnership Program content. Provider makes software services and related documentation, materials, information, advertisement support and special service instruments for Partners available to you as Partner by providing you with special conditions and reward from time to time to facilitate your business development and results. The services for customers include awareness, introduction, training of customer employees, installation support, application development and consulting as main part of your participation in the Partnership Program.
4. Participation in the Partnership Program. You understand and agree that participation in the Partnership Program is voluntary and does not create a legal partnership, agency, or employment relationship between you and Provider, and neither you nor Provider has any authority to bind the other. Provider reserves the right to modify the terms, conditions, and policies of this Partnership Program at any time without notice, and to revoke your participation in this Partnership Program at any time in case of violation the Terms and Conditions of the Agreement or TOS for PharosN portal.
5. Scope of Provider Responsibilities is as follows
6. Scope of Your Responsibilities as Partner is as follows
- registration of their Portal Organizations at PharosN portal under your advisory and guidance,
- becoming its Member at least for the period of your consulting and advisory services to this Customer,
- making subscriptions for the Customer Organization by using your own personal account deposit as Portal Member or by using your personal payment certificates
- downloading and installation of PharosN engine, its registration, definition of its users, analyzing and learning of sample objects, making its localization to customer requirements, training of staff, development of customized applications
7. Definition: Which customer is yours and now it is tracked?
8. Partnership levels. The Partnership levels are as follows:
Registered Partner. The introductory level provides Portal Members willing to become Partners with business opportunity for consulting, training, application development or promotional association, obtaining own skills and business experiences, evaluating the results and benefits. It requires minimal commitment and available by completing the online registration form and accepting the Partnership Agreement. There is no charge to join. This partnership level is recognized in Global Partnership Directory (upon your approval) and rewarded with access to a comprehensive set of bonuses, benefits and resources.
Certified Registered Partner. A Certified Registered Partner is a capable and knowledgeable organization or individual providing solutions in specific region or country or with a specific vertical solution or specialist area expertise. The Partner is a recognized Pharos Navigator platform specialist, assuring credible consulting, training and application development capabilities. Becoming a Certified Partner is simple:
Advanced Certified Partners are Certified Registered Partners demonstrated a high level of skills and market success over period of at least two years. They are committed to maintaining a prosperous business relationship, capable delivering significant business impact and client value, revenue and/or new client footprints achieving high customer satisfaction scores and publishing client references.
Premier Business Partners have demonstrated superior skills and market success. They actively collaborate with Provider and capable delivering significant business impact and client value through innovative solutions, revenue and/or new client footprints achieving high customer satisfaction scores. Premier members of Partnership Program get all the benefits of the Member and Advanced level plus additional high value benefits including:
9. Duration of the Partnership Agreement
The default duration of Partnership Agreement is 12 months.
It is extended for each another 12 months automatically if total amount of bonuses accumulated over past 12 months is above some minimum value related to each particular level of Partnership.
10. Financial results model for Partner
11. Bonus status transfer in case of termination. In case Partner closes its organization or the Partnership agreement is terminated by any side Partner bonuses and payment certificates are cancelled. There is no transfer of rights between previously closed and newly opened Portal Organizations, each new Portal Organization does have own history as of the moment of its registration.
12. Definition of Confidential Information. You agree that the Software and Information concerning collaboration within the Partnership Program related to your customers, type and content or your services, your bonuses and discounts related to your subscription fees and any other information which you disclose to Provider and which is disclosed by Provider to you in connection with this Agreement, including but not limited to information learned by you from Provider employees or through inspection of Provider’s property, that relates to Provider’s products, designs, business plans, business opportunities, finances, research, development, know-how, personnel, or third party confidential information, will be considered and referred to collectively in this Agreement as “Confidential Information.”
Information that otherwise would be deemed Confidential Information but (a) is generally and legitimately available to the public through no fault or breach of yours, (b) is generally made available to the public by Provider, (c) is independently developed or published by you without the use of any Confidential Information, (d) was rightfully obtained from a third party who had the right to transfer or disclose it to you without limitation, or (e) any third party software and/or documentation provided to you by Provider and accompanied by licensing terms that do not impose confidentiality obligations on the use or disclosure of such software and/or documentation will not be considered Confidential Information under this Agreement.
13. Privacy Policy. At all times your information will be treated in accordance with Privacy Policy, which is incorporated by reference into this License and can be viewed at: http://www.pharosnavigator.com.
14. Discussion Forums. As part of the Partnership Program, you may have the ability to participate in discussion forums about the Software and other Confidential Information that Provider may make available to you. Except for the limited purpose of discussions with other participants within such forums, you acknowledge and agree that this Agreement does not grant you the right to copy, reproduce, publish blog, disclose, transmit, or otherwise disseminate any Provider Confidential Information.
15. No Warranty. The Software Services provided hereunder may be designated.
16. Term and Termination. This Agreement will continue in effect until terminated in accordance with this Section. You may terminate this Agreement for any reason, but only by returning or destroying any and all Confidential Information that is in your possession or control (including, without limitation, any Pre-Release Software). Provider may terminate this Agreement at any time, with or without cause, immediately upon written notice to you, and may terminate this Agreement immediately for any breach of the confidentiality provisions set forth herein. Within seven (7) days of your receipt of Provider’s termination notice or earlier if requested by Provider, you will return, cease all use of, and/or destroy the Pre-Release Software and all other Confidential Information as provided in this Section.
17. No Export. You agree that you will not export or re-export any of the Software or Confidential Information received from Provider. In particular, but without limitation, the Software Services may not be exported or re-exported into any EU embargoed countries. You also agree that you will not use the Software Services for any purposes prohibited by European Union law, including, without limitation, the development, design, manufacture or production of nuclear, chemical or biological weapons.
18. Third Party Software & Information. Portions of the Software Services may include third party software and other copyrighted material. Acknowledgements, licensing terms, and disclaimers for such material are contained in the “online” electronic documentation for the Software Services, and your use of such material is governed by such respective terms. Mentioning of third parties and third party products in any materials, advertising, promotions or bounces is provided to Partnership Program participants is for informational purposes only and constitutes neither an endorsement nor a recommendation. All third party product specifications and descriptions are supplied by the respective vendor or supplier, and Provider shall have no responsibility with regard to the selection, performance, or use of these vendors or products. All understandings, agreements, or warranties, if any, take place directly between the vendors and the prospective users.
19. Use of logo “UNIDO Focal Point”. Accordingly to terms of running Contract between UNIDO and GOLEM IMS GMBH as Provider, the organizations in countries which are selected, trained and certified by Provider to support training and consulting for UNIDO software “Pharos Business Navigator” may use the logo “UNIDO Focal Point” in their promotional and training materials. The right to use the terms is provided to Partners having successfully passed certification of its leading trainers and/or consultants.
20. No Waiver or Assignment. No delay or failure to take action under this Agreement will constitute a waiver unless expressly waived in writing, signed by a duly authorized representative of Provider, and no single waiver will constitute a continuing or subsequent waiver. This Agreement may not be assigned by you in part.
21. Governing Law. This Agreement will be governed by and construed in accordance with the laws of the Austria and European Union. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
22. Agreement in English. The parties hereto confirm that they have requested that this Agreement and all related documents be drafted in English.
23. Severability; Complete Understanding. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
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