Activecampaign Reseller

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We presently offer Resellers the following discounts for the Services and the Tools based upon the number of Client Accounts active in a provided month: At least 2 active accounts, discounted at 25% off the monthly fee At least 25 overall active accounts, marked down at 35% off the month-to-month charge At least 50 total active accounts, discounted at 45% off the regular monthly charge 100 or more overall active accounts, marked down at 55% off the monthly charge For functions of identifying the appropriate discount, an active Customer Account omits accounts for any customers who are present customers or were previous customers of any of the Active Campaign Services and the Tools within the 24-month period before the date of registration.

We have the right to access Reseller’s account from time to time, to the level needed for functions of assistance, administration, and invoicing, and to inspect Reseller’s usage of the Solutions and the Tools regarding guarantee Reseller’s compliance with the provisions of the Contract. The discount rate structure goes through evaluate and revision by Active Campaign at any time, in its sole discretion.

Your continued participation in the Reseller Program and resale of Active Campaign accounts constitute your approval and agreement to any such modifications. You and Active Campaign, will be each responsible for paying any relevant taxes and responsibilities that may be imposed with respect to any payment or payments we each respectively receive under or in connection with this Contract.

Either you or we may end this Arrangement at any time, with or without cause, by giving the other at least 5 days written notification of termination. For clearness and without limiting any of our rights, we can right away end this Agreement and your involvement in the Reseller Program for the infraction of any of the Active Project Terms by you or any of your Customers.

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You will be accountable for the payment of all accrued and unsettled fees for such Client Accounts. You are accountable for cancelling any Customer Accounts on behalf of your Clients in accordance with our cancellation policy provided in our Regards to Service. Transfer of Accounts Under certain scenarios as identified by Active Campaign, ownership and duty of Customer Accounts may be transferred.

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The receipt of both demands will be treated as approval for the transfer from both the reseller and end user. We will then determine if the transfer is authorized and, if so, conduct the transfer to that reseller account. Active Project reserves the right to limit transfers at its sole discretion, including but not limited to the regards to Section 4( k).

This kind of transfer will normally occur when completion user has a compelling need or service issue that is not being fulfilled by the initial reseller. Representations and Service warranties Each of us thus represents and calls for to the other that: it has complete power and authority to get in into this Contract and to perform its commitments hereunder; it has actually obtained all permits, licenses, and other governmental authorizations and approvals required for its performance under or activities pursuant to this Contract; and it will perform its commitments in compliance with all laws, rules, and regulations suitable to its activities pursuant to this Agreement.

Each party acknowledges that (i) their particular sites may go through short-lived downtime due to causes beyond their reasonable control, and (ii) it keeps sole right and control over the shows, content, and conduct of transactions over its particular website or service. OTHER THAN FOR THE EXPRESS REPRESENTATIONS AND GUARANTEES OFFERED IN THIS CONTRACT, THE SERVICES, THE TOOLS, AND RESELLER PROGRAM ARE SUPPLIED “AS IS,” AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ACTIVECAMPAIGN SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR THROUGH COURSE OF DEALING, INCLUDING WARRANTIES OF MERCHANTABILITY, PHYSICAL FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, OR ANY WARRANTY REGARDING (I) THE AMOUNT OF CHARGES A RESELLER MAY GENERATE DURING THE TERM, (II) RESELLER’S CONTINUED PARTICIPATION IN THE RESELLER PROGRAM, AND (III) ANY ECONOMIC OR OTHER ADVANTAGE THAT RESELLER MIGHT OBTAIN THROUGH ITS INVOLVEMENT IN THE RESELLER PROGRAM.

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ACTIVECAMPAIGN’S ENTIRE LIABILITY DEVELOPING FROM OR RELATING TO THIS AGREEMENT, WHETHER IN AGREEMENT, TORT (INCLUDING CARELESSNESS), OR OTHER CAUSE OF ACTION WILL NOT EXCEED THE AMOUNTS COLLECTED FROM RESELLER UNDER THIS CONTRACT IN THE SIX-MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE. Indemnification You will indemnify, safeguard, and hold harmless Active Project and our affiliates, directors, officers, staff members, and agents from and versus any and all liability, claims, losses, damages, injuries or expenditures (consisting of affordable attorneys’ costs) connecting to (a) the operation of any Reseller Site; (b) a breach of your responsibilities under this Contract, including Sections 2( b), 3( a), and 3( b); (c) any Customer Violations; or (d) the infraction of any 3rd party intellectual residential or commercial property rights in regard of your Reseller Website and activities under this Agreement.

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Except for little claims conflicts in which you or Active Campaign look for to bring a private action in little claims court, you and Active Campaign waive your rights to a jury trial and to have any disagreement occurring out of or associated to this Agreement fixed in court. Rather, all disputes arising out of or associating with this Agreement will be resolved through confidential binding arbitration held in Chicago, Illinois in accordance with the Streamlined Arbitration Rules and Procedures (” Guidelines”) of the Judicial Arbitration and Mediation Services (” JAMS”), which are offered at www.jamsadr.com and are thus included by reference.

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