PearlOrganisation.com Partner Program Terms of Use

 
Updated: 28 December 2020

 

Welcome to the PearlOrganisation.com Partner Program (the “Partner Program”)!

The PearlOrganisation.com Partner Program is designed to help your business scale with benefits like your own dedicated account manager, training and priority support.

These PearlOrganisation.com Partner Program Terms of Use (the “Partner Program Terms”) are a legal agreement by and between PearlOrganisation.com.com Ltd. (together with its worldwide affiliates - “PearlOrganisation.com” or "us" or "we") and each member of the Partner Program (hereinafter referred to as “you” or “your” or as a “user” or “Participant”) and sets forth the terms that govern your participation in the Partner Program.

YOUR PARTICIPATION IN THE PARTNER PROGRAM IN ANY MANNER SHALL CONSTITUTE YOUR ACCEPTANCE OF THESE PARTNER PROGRAM TERMS, WHICH HEREBY INCORPORATE THE PearlOrganisation.com TERMS OF USE, PRIVACY POLICY  AND THE PearlOrganisation.com Pearl Organisation Partner Program TERMS OF USE BY REFERENCE (COLLECTIVELY, THE “TERMS”), AND ACKNOWLEDGEMENT THAT YOU HAVE READ AND ACCEPTED SUCH TERMS. IN THE EVENT OF ANY CONFLICT OR INCONSISTENCY BETWEEN THESE PARTNER PROGRAM TERMS AND THE PearlOrganisation.com TERMS OF USE, PearlOrganisation.com Pearl Organisation Partner Program TERMS OF USE OR PRIVACY POLICY, THESE PARTNER PROGRAM TERMS SHALL PREVAIL WITH RESPECT TO SUCH CONFLICT. YOU AGREE TO REVIEW THE TERMS PERIODICALLY TO BE AWARE OF ANY MODIFICATIONS AND YOUR CONTINUED PARTICIPATION IN THE PARTNER PROGRAM, INCLUDING, BUT NOT LIMITED TO YOUR USE OF THE PARTNER DASHBOARD AND PARTNER PROGRAM BENEFITS, SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF SUCH MODIFIED TERMS. CAPITALIZED TERMS USED HEREIN, UNLESS OTHERWISE DEFINED, SHALL HAVE THE MEANING ASCRIBED TO THEM IN THE PearlOrganisation.com TERMS OF USE OR PRIVACY POLICY.

Who is eligible for the Partner Program?

Agencies, individuals and other businesses that build websites/ apps/ software etc related services/ solutions or have prospect information may participate in the Partner Program upon request and approval by PearlOrganisation.com, by enrolling via the Partner Dashboard in their PearlOrganisation.com account (“Participant(s)”). In addition to any other rights and remedies, PearlOrganisation.com may automatically, with or without notice to you, suspend, terminate or disqualify your participation in or access to the Partner Program or any benefit therein, if PearlOrganisation.com determines, in its sole discretion, that you have violated the Terms  in any manner. The Partner Program is currently intended for Participants who require the Partner Program to be in the English language. PearlOrganisation.com does not guarantee that the Partner Program will be available for use in any particular location or language.

 
How does the Partner Program work? 

 

By participating in the Partner Program you may be eligible to access certain benefits and resources, such as priority support and team management. You become eligible for such benefits and resources by either (1) building and maintaining PearlOrganisation.com premium services and otherwise earning points required to unlock those benefits, and/or (2) subscribing to a Partner Package (as defined below).

Unlocking benefits by building and sharing prospect information and earning points

Each PearlOrganisation.com premium service/ client/ product/ solution built by you and added to your account will earn you 100 points OR 5% of total cost of the project. The total number of PearlOrganisation.com premium services built by you and added to your account will be listed in your Partner Dashboard (“Total PearlOrganisation.com Premium services”) and will determine your points balance. You may access specified benefits offered by PearlOrganisation.com through the Partner Program by earning the requisite points balance needed to reach a Partner Program Level  (as set forth below). Each Partner Program Level unlocks specified benefits which are available to you as a Participant so long as you maintain the requisite points balance, subject to these Terms. Any changes to your points balance at any given time may result in a change to your Partner Program Level and therefore the benefits you are eligible to receive (as set forth below). In PearlOrganisation.com’s sole discretion, PearlOrganisation.com may introduce new methods through which you may earn points, or may provide you with a higher Partner Program Level and accompanying benefits, despite your points balance.

What if I want to unsubscribe from my Partner Package?

To subscribe to a Partner Package you will be required to execute and agree to a separate Partner Package Subscription Agreement. You may unsubscribe from your Partner Package as set forth in the terms of such Partner Package Subscription Agreement. If you unsubscribe from your Partner Package, you will lose access to the benefits associated with such Partner Package; however, you may still be eligible to participate in the Partner Program by earning enough points to access a Partner Program Level, subject to these Terms.

Changes to the Partner Program

PearlOrganisation.com will be entitled at its own discretion to make changes from time to time to the Partner Program, including, but not limited to, updates or modifications to the point system, Partner Program Level eligibility, Partner Package eligibility, benefits, and Partner Package Fees. In such case, PearlOrganisation.com will use reasonable efforts to send you a notification at least thirty (30) days prior to such change via email and/or via the Partner Dashboard.

 

Benefits
  1. PearlOrganisation.com will have the right to cancel, suspend, or modify the Partner Program or any benefit  included in any Partner Program Level or Partner Package, at any time at its sole discretion, without any further obligations to Participants.

  2. Certain Benefits may be subject to certain restrictions, limitations or resources as determined by PearlOrganisation.com in its sole discretion. PearlOrganisation.com may reject any Participant’s request to receive a benefit at its sole discretion.

  3. PearlOrganisation.com has the right to make the final decision on whether a PearlOrganisation.com premium site qualifies for points under the Partner Program.

  4. You always gets 5% of total project cost. Once the full payment is received from the client then your profile is eligible to get the 5% of the initial whole project cost. This amount shall be transferred to your bank account only and the same time (not on Saturdays/ Sundays/ Holidays).

Partner Program Termination Policy

PearlOrganisation.com may, in its sole discretion, suspend or terminate a Participant’s membership to the Partner Program, including any benefits provided to a Participant under the Partner Program, at any time, with or without notice, if in our sole discretion we determine such Participant has violated these Partner Program Terms of Use, the PearlOrganisation.com Terms of Use,  or the PearlOrganisation.com Pearl Organisation Partner Program Terms of Use, including without limitation, with respect to Participants who have multiple instances of site cancellations, deemed to have engaged in suspicious behavior, are associated with accounts with chargebacks and who’s submissions have consistently been denied by Site Owners.

VIOLATION OF ANY OF THESE TERMS, THE PearlOrganisation.com TERMS OF USE OR THE PearlOrganisation.com Pearl Organisation Partner Program TERMS OF USE OR ANY DOCUMENT INCORPORATED HEREIN MAY RESULT IN THE IMMEDIATE TERMINATION OF YOUR PARTICIPATION IN THE PARTNER PROGRAM, WITH OR WITHOUT NOTICE. YOU AGREE TO PARTICIPATE IN THE PROGRAM AT YOUR OWN RISK AND EXPENSE.

 
Confidentiality

PearlOrganisation.com may disclose to Participant certain information as a result of Participant’s participation in the Partner Program, which information we consider to be confidential (herein referred to as “Confidential Information”). Confidential Information shall not include information which is: (a) previously known to the other party without obligation of confidence or without breach of the Terms; (b) publicly disclosed (other than by the Participant) either prior or subsequent to the Participant’s receipt of such information; (c) required to be disclosed by the other party by law or by the order of a court or similar judicial or administrative body.

Participant shall at all times keep and hold such Confidential Information in the strictest confidence, and shall not use such Confidential Information for any purpose other than as may be reasonably necessary for the performance of its duties pursuant to these Terms, without PearlOrganisation.com’s prior written consent. These confidentiality obligations are in addition to and not in lieu of those set forth in the Terms, which are incorporated herein.

Participant Obligations

1. By participating in the Partner Program, Participant represents and warrants to PearlOrganisation.com that:

1.1. In using the services offered by PearlOrganisation.com and the benefits provided under the Partner Program, Participant will conduct all its activities (i) in full compliance with all applicable laws and regulations, including but not limited to privacy and data protection laws (including, without limitation, the TCPA, GDPR, CCPA, and other applicable data privacy regulations); and (ii) in such a way that Participant shall avoid deceptive, misleading or unethical practices, and not disparage PearlOrganisation.com or its platform or any of the services or products offered by PearlOrganisation.com in any manner.

1.2. Participant has and shall maintain, at its own expense, all regulatory and legal licenses and certifications, governmental or otherwise, necessary for Participant, its employees, agents and distributors to use PearlOrganisation.com’s services and the benefits provided under the Partner Program.

 
No warranties or guarantees

In addition to the provisions of the PearlOrganisation.com Terms of Use, it is hereby specifically reiterated that the Partner Program does not guarantee you any profit, revenue, savings, sales, business opportunities or otherwise success.

Any and all disputes arising from or relating to the Partner Program and any Participants, individuals, companies or Site Owners shall be the sole responsibility of the parties involved. You hereby waive, any and all rights or claims you may have, now or in the future, in connection with any disputes between you and any Participant, Site Owner, contributor or other individual or company in connection with Partner Program and any Benefits therein, including but not limited to the Revenue Share. You hereby agree and acknowledge that PearlOrganisation.com will not be liable in any manner for any damages, losses, or claims arising from or relating to the Partner Program.

We provide the Partner Program (and any part or feature or benefit thereof) on an “As Is”, “with all faults” and “As Available” basis, without any warranties of any kind, including any implied warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, non-infringement, or any other warranty – all to the fullest extent permitted by law. We specifically do not represent or warrant that the Partner Program (or any part or feature or Benefit thereof) will be provided in accordance with any of your requests or instructions. You hereby agree and acknowledge that the Partner Program and any all Benefits or features therein may be provided by PearlOrganisation.com, in its sole discretion, based on available resources, limitations, restrictions and other business or similar factors.

The Partner Program (and any part or feature or benefit thereof) may contain links to third party websites and/or platforms (collectively, “Third Party Sites”). These Third Party Sites are owned, controlled and/or maintained solely by third parties over whom PearlOrganisation.com exercises no control. Accordingly, PearlOrganisation.com expressly disclaims and shall not have any liability or responsibility for (i) any Third Party Sites appearing on or within the Partner Program, or (ii) the products or services provided by, available through, or advertised on any Third Party Sites accessible through the Partner Program, or any content, materials, or any information thereof. The implementation of any Third Party Sites within the Partner Program does not imply an endorsement by PearlOrganisation.com with respect to any third party, any third party content, or any third party products or services.

PearlOrganisation.com DOES NOT MAKE ANY WARRANTY OR GUARANTEE AS TO THE RESULTS OR BENEFITS THAT MAY BE OBTAINED FROM PARTICIPATION IN THE PearlOrganisation.com PARTNER PROGRAM, AND NO INFORMATION, REPORT, ADVICE OR BENEFITS OBTAINED BY YOU FROM PearlOrganisation.com OR THROUGH THE PearlOrganisation.com PARTNER PROGRAM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PearlOrganisation.com OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. FURTHER, PearlOrganisation.com MAKES NO WARRANTY REGARDING ANY  SERVICES EXECUTED THROUGH ANY THIRD PARTY, OR BY ANY THIRD PARTY IN CONNECTION WITH PearlOrganisation.com’S SERVICES, AND YOU UNDERSTAND AND AGREE THAT SUCH THIRD PARTY TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK.

Indemnification

In addition to your obligation of indemnification under the PearlOrganisation.com Terms and the PearlOrganisation.com Pearl Organisation Partner Program Terms, you agree to defend, indemnify and hold harmless PearlOrganisation.com, its officers, directors, shareholders, employees, affiliates and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including attorneys’ fees) arising from (i) your violation of any third party right, including any copyright, property, or privacy right, resulting from your participation in the Partner Program; (ii) any agreement signed with your customers in relation to PearlOrganisation.com’s services; (iii) any omission or inaccuracy in your advertisements and/or promotional materials towards your customers in relation to PearlOrganisation.com’s services; and (iv) any breach of these Terms, including, without limitation, the representations or warranties made by you or any non-compliance with any legal or regulatory requirement.  This paragraph will not be construed to limit or exclude, and shall be in addition to, any other claims or remedies which PearlOrganisation.com may assert in equity or by law.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES WILL PearlOrganisation.com, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, AND AFFILIATES BE LIABLE TO THE OTHER PARTY FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, BASED ON CLAIMS OF PARTICIPANT OR ITS CUSTOMERS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR LOSS OF DATA, GOODWILL, PROFITS, USE OF MONEY OR USE OF THE SOLUTIONS, INTERRUPTION IN USE OR AVAILABILITY OF DATA, STOPPAGE OF OTHER WORK OR IMPAIRMENT OF OTHER ASSETS), ARISING OUT OF BREACH OF EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE.