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Become a Breezeworks Partner
Breezeworks's partner program is a great way to connect great people to great software. Earn commission and help service pros run their businesses better.
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Terms and Conditions
Terms and Conditions Thank you for participating in the Breezeworks Corporation Affiliate Partner Program (the “Program”). Please review this agreement (“Agreement”) thoroughly. This Agreement contains legal terms and conditions of the Program and governs the relationship between you (“You”, or “Affiliate Partner”) and Breezeworks Corporation (“Company”, with each a “Party” and collectively the “Parties”). By clicking “I Agree”, You acknowledge that You have read, understood and agree to be bound by these terms and conditions. If You do not agree to this Agreement, You may not participate in the Program. 1. Purpose. Company operates a proprietary business management services platform targeted towards businesses providing field services (the “Services”). This Agreement allows Affiliate Partners to market and promote Services to prospective customers who may be interested in subscribing to such services (“Referred Client”). 2. Referred Client Engagement. Company reserves the right to (a) enter into any agreements with Referred Clients on terms and conditions acceptable to Company, or to not enter into any agreements at all; and (b) set the terms for Referred Clients’ engagement with the Services. 3. Affiliate Partner Registration. In order to be eligible to participate in the Program, You must be at least eighteen (18) years old. By agreeing to these terms and participating in the Program, You certify that You are one of the above listed professionals. We reserve the right to terminate, limit, or suspend your participation in the Program if we become aware or have reasonable grounds to believe that you are not 18 years of age. 4. Description of Program. The program is designed for Affiliate Partners working with field service businesses, whose clients may benefit from the programs and Services offered by Company. By participating in the Program, Affiliate Partners will receive the following: Discounted Subscription Fees for Referred Clients. Any Referred Clients who subscribe to the Services will receive a fifteen percent (20%) discount on their Service subscription fees for a period one (1) year. Referral Bonus. Affiliate Partners will receive a referral bonus (“Referral Bonus”) of five dollars ($5 USD) for every Active Trial account (as defined below), plus one hundred dollars ($100 USD) for each Referred Client who subscribes to and uses the Services for a minimum of three (3) consecutive months. An “Active Trial” is defined as one in which a Referred Client creates at least three jobs during the trial period. If a Referred Client cancels their subscription for the Services before the end of three (3) consecutive months, or suspends and later re-activates their subscription for the Services, Affiliate Partners shall not be entitled to receive the Referral Bonus. Referral Bonuses shall be calculated quarterly and any applicable Referral Bonuses shall be paid to Affiliate Partner by check within thirty (30) calendar days at the end of each calendar quarter. If the total amount of the Referral Bonus owed to Affiliate Partner at the end of a calendar quarter is less than $100 United States dollars ($100 USD), Company reserves the right the postpone payment of Referral Bonuses to the Affiliate Partner until the amount owing exceeds one hundred dollars ($100 USD). Company reserves the right to change the Referral Bonuses at any time, subject to the requirements of section 13 of the Agreement. 5. Good Faith Representation. By participating in the Program, Affiliate Partners agree to represent Company honestly and in good faith. You understand and agree that you are not an agent, employee, official representative or legal partner of Company and will not represent yourself as such to any individual. 6. License to Affiliate Partners. The trademarks, logos, service marks and trade names under which Company markets the Company products and services (the “Marks”) shall remain the exclusive property of Company. This Agreement gives Affiliate Partner no license regarding the use of such Marks, except that during the term of this Agreement Company grants to Affiliate Partners a restricted, non-transferable, non-exclusive and revocable license to use the Marks to mark and promote Company’s business and initiatives to Referred Customers. Affiliate Partner agrees not to use the Marks in any way that may be determined objectionable by Company or confusing to any third parties regarding the nature of the relationship between Company and Affiliate Partner. Company reserves the right to approve particular uses of the the Marks. Except as expressly provided in this Agreement, no other rights or licenses are granted to You, and this Agreement does not grant Affiliate Partner any right to sell, distribute or otherwise make available to any third party, any Services or materials related to Services. 7. Confidential Information. All documentation and information, including without limitation, design and presentation documents, trade secrets, customer lists, techniques, processes and technical and marketing information which is supplied by one party (“Disclosing Party”) to the other (“Receiving Party”) in connection with this Agreement (“Confidential Information”) is hereby deemed to be proprietary to Disclosing Party and shall be held in trust and confidence for, and on behalf of, Disclosing Party, by Receiving Party and its employees, agents, distributors and contractors and shall not be disclosed by Receiving Party or used by Receiving Party for any purpose other than as strictly permitted under this Agreement, without Disclosing Party’s prior written consent. Receiving Party shall not copy or disclose all, or any part of, the Confidential Information except in accordance with the terms and conditions of this Agreement. Receiving Party shall be directly liable for the acts or omissions of its employees, agents, distributors and contractors with respect to such confidentiality obligations. Receiving Party agrees to protect the Confidential Information of the Disclosing Party with at least the same degree of care Receiving Party uses to protect its own trade secrets and proprietary information, which in any event shall be no less than a reasonable degree of care. The confidentiality obligations of the parties under this Agreement shall not apply to Confidential Information which: at the time of disclosure is within the public domain, other than through a breach of this Agreement; after disclosure becomes readily and lawfully available to the public, other than through a breach of this Agreement; Receiving Party can establish, by documented and competent evidence, was in its possession prior to the date of disclosure of such Confidential Information by Disclosing Party; or is approved in advance in writing by Disclosing Party for disclosure. 8. Warranties. Affiliate Partner represents and warrants that: it shall not make, and Company shall not be bound by, any offer, acceptance, representation, warranty, or affirmation of fact whatsoever to any Referred Client or third party respecting Company or the Company products or services, including the performance thereof; it has not paid, and is not aware of any payments, to any third parties with a view to securing an order, contract and/or agreement contemplated hereunder or effecting a purchaser’s decision to approach Company for Services. 9. Indemnification. Affiliate Partner shall indemnify and hold Company harmless against any and all third party proceedings, causes of action, suits, damages, losses, liability, costs and expenses (including reasonable legal fees) whatsoever that may arise, either directly or indirectly, in any connection with any breach of the foregoing representations and warranties in section 8 of this Agreement, or from Affiliate Partner violation of any of the Terms of this Agreement, any misuse, unauthorized use or violation of the Marks and/or Affiliate Partner performance hereunder. 10. Limitation of Liability. Except in the event of a breach of Section 6, 7 or 8 and the obligations in Section 9, the Parties agree that: neither party shall be liable to the other party for direct damages in excess of the total amount of Referral Bonus paid to Affiliate Partner by Company during the one (1) year period immediately preceding the date on which the damages were occurred; and neither party will be liable for any punitive, indirect, special, consequential or incidental damages (including but not limited to lost profits), whether based in contract or in tort (including but not limited to negligence) or otherwise, arising out of or relating to this Agreement. 11. Term and Termination. This Agreement begins on the date it is accepted by the Affiliate Partner and continues for an initial term of thirty (30) days, and thereafter renews automatically for additional terms of thirty (30) days, unless terminated sooner under this section 11. This Agreement will terminate: for convenience, on thirty (30) days prior written notice by either party, provided that Company, in its sole discretion, reserves the right to waive such notice period; on the fifteenth (15th) day after one party gives the other written notice of a breach by the other of any term of this Agreement unless the breach is cured before that day; On termination or expiration of this Agreement, all licenses granted hereunder shall terminate and each Party shall return to the other as soon as possible all copies of the other party’s property and materials in its possession or control, including all copies of the other party’s Confidential Information. Where this Agreement expires or terminates as provided for herein, no Referral Bonus shall be payable with respect to any Referred Client for which Company has not signed an agreement for the Services prior to the earlier of i) the effective date of the expiration or termination of this Agreement and/or ii) the date of notice of termination. When this Agreement terminates or expires, Company shall pay to Affiliate Partner any outstanding amounts owed at the end of the calendar quarter. 12. Expectations. Affiliate Partner acknowledges and agrees that it has no expectation that its business relationship with Company will continue for any minimum period or that Affiliate Partner shall obtain any anticipated amount of profits by virtue of this Agreement. Company shall not be liable, by reason of any termination of this Agreement, for compensation, reimbursement or damages on account of the loss of prospective profits or on account of expenditures or commitments whatsoever in connection with the business or goodwill of Affiliate Partner. Except as provided in this paragraph, termination hereunder shall be without prejudice to any other right or remedy to which either Party may be entitled hereunder, at law, or in equity. 13. Changes to Program. Company reserves the right to, in its sole discretion at any time and for any reason, make changes to the Program, including, but not limited to any changes to the Program benefits described in section 4 of this Agreement. In the event of a change to the Program, COmpany will provide Affiliate Partners with thirty (30) days’ written notice in advance of any such changes. 14. Status. Affiliate Partner is not an agent or employee of Company nor is it authorized or permitted to make any representations or warranties on behalf of Company. During the term of this Agreement, should the term “partnership,” “partner” or “referral partner” be used to describe the Parties’ relationship under this Agreement, the Parties agree to make it clear to third parties that these terms do not describe or create the legal status of partners or joint venturers. Further, nothing in this agreement should be construed so as to limit Company’s right to sell directly or indirectly any Services or any other Company product or service to any current or prospective customer. 15. Compliance with Laws. Each Party will comply fully with all applicable federal and/or state and local laws and regulations relating to its obligations under this Agreement including, without limitation, all applicable privacy laws. 16. Severability & Waiver. If any provision of this Agreement is held invalid by any law, rule, order or regulation of any government, or by the final determination of a court of competent jurisdiction, such invalidity will not affect the enforceability of any other provisions not held to be invalid. Any delay by either Party to exercise any right or remedy under this Agreement will not be construed to be a waiver of that or any other right or remedy hereunder. 17. Governing Law. This Agreement shall be governed by and construed using California law, without giving effect to California conflict of law provisions or to constructive presumptions favoring either party. All actions arising out of or relating to this Agreement will be heard and determined exclusively by the Superior Court of the State of California for the County of San Francisco or the United States District Court for the Northern District of California, and receiving party waives all objections to the exercise of personal and/or subject matter jurisdiction in such courts, and agrees to waive any argument or assertion challenging venue or inconvenient forum. 18. Survival. The confidentiality requirements, ownership and proprietary rights, exclusions of warranties, indemnification obligations, limitations of liability and general provisions set forth in this Agreement shall survive the expiration or termination of this Agreement. 19. Entire Agreement. This Agreement constitutes the entire agreement of the Parties as to the subject matter hereof. This Agreement may be amended only by a written agreement signed by authorized representatives of both Parties.
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