Partner Terms & Conditions
This Partner Program (“Contract") is designed to outline the terms and conditions for participating in the First BIT Partner Program ("Partner Program") This Contract is a legal agreement between you or the company you represent ("You" or "Your") and First BIT Technologies LLC ("First BIT"). By accepting electronically (clicking "I Agree"), installing, accessing or using the Services, you agree to these terms and conditions as updated or amended from time to time in FirstBIT’s discretion, which are incorporated into this Contract by reference. If you do not agree to this Contract, then you shall not use the Services.
FirstBIT may update or improve this Contract from time to time in its sole discretion. All updates and improvements to this Contract will be published on FirstBIT’s website, and notice of relevant material updates and improvement to this Contract will be communicated to you via email, at the email address on record.
To maintain your Partner status, you must add at least one paid client subscription (not including the FirstBIT subscription provided for your internal use as part of the Partner Program) to your Partner Account within 90 days of acceptance into this Partner Program.
Partner Program Prerequisites
- Prior to becoming a Partner, you must:
Fill out a Partner Application Form on FirstBIT Website
Have at least 1 staff member committed to complete FirstBITT certified partner training within 30 days
(together, the Partner Program Prerequisites).
FirstBIT will decide whether you are eligible to the Program once the Partner Program Prerequisites above have been completed. FirstBIT reserves the right to accept or decline any company or individual as a FirstBIT Partner regardless of whether the Partner Program Prerequisites have been met, for example if FirstBIT decides that you will not be able to meet the Ongoing Requirements set out below.
Your assignment as a "Partner" for one or more First BIT Services that are designated to you by a First BIT partner representative ("First BIT Service") will be subject to review of the information provided by you during sign up and will be at First BIT's sole and absolute discretion.
Prospective Customer Registration
Upon appointment, an account will be created for you in the First BIT internal partner system for the purpose of registering prospective customers and for the purpose of managing the Partner fees earned by you through this Partner Program. In addition, you can also register prospective customers by sending an email to partner- email@example.com
with the required details.
You shall register a person as a prospective customer only if you reasonably believe that such person is interested in using the First BIT Service and will benefit from using it. You shall not abuse the prospective customer registration process through a masse registration. Registration of prospective customers will be subject to review by First BIT.
Payment of Partner Fee
Partner Fee will accrue only upon completion of thirty (30) days from the date of purchase of the paid subscription plan by the customer. You will not be entitled to Partner Fee in case the customer cancels the subscription and claims a refund of the subscription fee. You will be responsible for payment of all taxes, duties, and charges levied on the Partner Fee, and you shall indemnify, defend and hold First BIT harmless from and against any claims arising out or relating to non-payment of applicable taxes, duties, and charges.
You agree to conduct yourself in a responsible, professional, and appropriate manner while dealing with prospective customers. You also agree not to make any representation or warranty with respect to the First BIT Services to the prospective customers other than those representations and warranties contained in the First BIT Terms of Service.
Various US agencies have restrictions in place that regulate or ban all trade with certain countries. First BIT doesn't allow the sale of subscription of First BIT Services to these countries.
First BIT does not allow any organization, business or individual to have or register First BIT accounts while based in these countries:
We make every effort to ensure that the list of countries mentioned above is accurate. If you have any questions, kindly contact us at firstname.lastname@example.org
Term and Termination
This Contract will commence as of the date you receive an email from First BIT confirming your appointment as a "Partner" and shall continue until terminated by either party in accordance with the provisions contained in this Contract.
- Termination without Cause: Either party may terminate this Contract at any time, for any reason, by giving thirty (30) days' notice through email.
Termination for Cause: Your failure to comply with any of the terms of this Contract may result in a warning or immediate termination of this Contract by First BIT.
Termination for Discontinuation of the Partner Program: First BIT reserves the right to discontinue the Partner Program. In the event First BIT decides to discontinue the Partner Program, you will be provided with thirty (30) days' notice through email.
Effect of Termination
In the event of termination of this Contract without Cause by you or for Cause by First BIT, First BIT will pay you any outstanding Partner Fee accrued as of the date of such termination.
In the event of termination of this Contract without cause by First BIT or discontinuation of the Partner Program, you will continue to receive Partner Fee for all Eligible Transactions for a period of one year in respect of all customers who have converted to a paid subscription plan before the end of the thirty-day notice period.
Except as specifically stated above, termination of the Contract will end all rights and responsibilities of both parties set out in this Contract, any email communication or any web page relating to the Partner Program. You must immediately remove all references to First BIT from your website, including any First BIT Sign-up Box embedded in your website.
THE PARTNER PROGRAM AND THE FIRST BIT SERVICES ARE PROVIDED "AS IS". FIRST BIT DOES NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE WITH RESPECT TO THE PARTNER PROGRAM OR THE FIRST BIT SERVICES. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, FIRST BIT DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE PARTNER PROGRAM AND THE FIRST BIT SERVICES INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, QUIET ENJOYMENT, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. FIRST BIT WILL NOT BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH TERMINATION OF THIS CONTRACT OR YOUR PARTICIPATION IN THE PARTNER PROGRAM.
Limitation of liability
FIRST BIT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION ARISING OUT OF THIS CONTRACT OR FOR ANY CLAIM BY ANY OTHER PARTY EVEN IF FIRST BIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FIRST BIT'S ENTIRE LIABILITY WITH RESPECT TO THIS CONTRACT AND THE PARTNER PROGRAM UNDER THIS CONTRACT SHALL NOT EXCEED THE PARTNER FEE PAID OR PAYABLE TO YOU UNDER THIS CONTRACT.
Changes to the Terms of this Contract
You understand that First BIT may modify the terms of this Contract from time to time. However, you will be provided notice of such changes through an announcement or by electronic mail. Upon being informed of such changes, you may either terminate this Contract within fifteen days and cease participating in the Partner Program or accept the changes and continue to participate in the Partner Program. Your continued participation in the Partner Program after fifteen days from the date of notice of any such changes shall constitute your consent to such changes.
Relationship of Parties
The relationship between you and First BIT is non-exclusive. This Contract shall not be construed as creating a partnership, joint venture, agency or any other relationship. You are not authorized to enter into any contract or to assume any obligation on behalf of First BIT. Neither is First BIT authorized to enter into any contract or to assume any obligation on your behalf.
This Contract shall be construed, interpreted and governed by the laws of the UAE exclusive of its conflict of law provisions. Any dispute arising out of this Contract will be subject to the exclusive jurisdiction of courts of Dubai. This Contract constitutes the entire Contract between You and First BIT, and supersedes all prior communications, understandings and Contracts. You may not assign this Contract, by operation of law or otherwise, without First BIT's prior written consent. You agree not to register any trademarks that are confusingly similar to First BIT's trademarks. Similarly, you agree not to register or use any internet domain names that are confusingly similar to First BIT's trademarks. First BIT's failure to enforce your strict performance of any provision of this Contract will not constitute a waiver of First BIT's right to enforce such provision or any other provision of this Contract subsequently. If any part of this Contract is found invalid or unenforceable, the remainder shall be interpreted so as to reasonably effect the intention of both parties.