These KLOUDBEAN PARTNER PROGRAM Terms and Conditions (referred to as “Terms”) govern your participation in the KLOUDBEAN PARTNER PROGRAM (the “Program”) and constitute an agreement between Kloudbean, a managed cloud hosting provider, and you or the entity you represent (“you” or “your”). Throughout these Terms, Kloudbean and you are collectively referred to as the “Parties” and individually as a “Party.” These Terms become effective on the earlier of (the “Effective Date”) (a) when you click an “Accept” button or check box presented with these Terms, (b) when you receive or utilize any Benefits (as defined in Section 3.1(a)), or (c) if you sign a separate Partner Agreement with Kloudbean, on the effective date specified in that Partner Agreement (the “Partner Agreement”). By participating in the Program, you affirm that you have the legal capacity to enter into contracts and, if entering on behalf of an entity, you have the authority to bind that entity. In case of a separate Partner Agreement, its terms will prevail over any inconsistent provisions in these Terms, provided the Partner Agreement expressly specifies.

  1. Definitions

   – “Governing Laws” refers to the laws of the state of Punjab.

   – “Partner Portal” means the designated platform for partners, including any successor or related locations specified by Kloudbean.

   – “Program Account Information” encompasses the details you provide in connection with the creation or administration of your Program account, such as names, usernames, phone numbers, email addresses, and billing information.

   – “Kloudbean Confidential Information” includes all nonpublic information disclosed by Kloudbean or its affiliates that is designated as confidential or reasonably should be understood to be confidential.

   – “Kloudbean Privacy Policy” refers to the privacy policy located on the Kloudbean website ([Privacy Policy]).

  1. Program Overview and Administration

   2.1 Joining the Program. To join the Program, complete a Program application through the Partner Portal and gain acceptance from Kloudbean. Acceptance does not grant authorization to resell or sublicense Kloudbean services. Eligibility requirements include:

      (a) Maintaining good credit standing, meeting Program requirements, and completing required training at your expense.

      (b) Maintaining a current company profile in the Partner Portal, providing up-to-date contact details, and managing access for authorized personnel.

      (c) Designating a “Partner Account Administrator” for specified tasks and receiving necessary notices from Kloudbean.

   You authorize Kloudbean to publish your partner profile and company information in Kloudbean’ print and online platforms.

These Terms have been adapted for a managed cloud hosting service like Kloudbean based on the provided information. Please ensure that you consult with legal professionals to tailor the document to your specific needs and comply with any legal requirements in your jurisdiction.

2.2 Program Administration for Kloudbean Managed Cloud Hosting.

If you are accepted into the Kloudbean Managed Cloud Hosting Program, you must create a Kloudbean account and provide your account information to manage your participation. Kloudbean may use your account information to send you information about Kloudbean, the Program, or other relevant updates. Your account information and personal data will be handled in accordance with the Kloudbean Privacy Policy. You are responsible for all activities under your Kloudbean account.

2.3 Your Conduct with Kloudbean

As a participant in the Kloudbean Managed Cloud Hosting Program, you agree to:

(a) Conduct your activities in a professional and competent manner.

(b) Comply with all applicable laws, rules, and regulations related to cloud hosting services.

(c) Avoid harmful, false, or deceptive acts or practices.

(d) Conduct business in a manner reflecting positively on Kloudbean.

(e) Avoid deceptive or misleading advertising practices.

(f) Make no representations inconsistent with Kloudbean’ provided information.

(g) Comply with Kloudbean’ acceptable use policy for the Kloudbean website (https://www.Kloudbean.com/legal/use-policy/).

  1. Benefits and Content Provided by Kloudbean

3.1 Program Benefits for Kloudbean Managed Cloud Hosting

(a) Generally. As part of the Kloudbean Program, you may receive invitations to participate in opportunities or receive benefits related to activities supporting the usage, promotion, or knowledge of Kloudbean’ managed hosting services.

(b) Eligibility. You are eligible for benefits if you submit a proposal, receive Kloudbean’ approval, and complete projects according to the proposal and Kloudbean’ guidelines.

(c) Use. Benefits should be used only for their intended purpose as communicated by Kloudbean and not for personal benefit.

3.2 Program Content for Kloudbean Managed Cloud Hosting

Kloudbean may provide text, images, audio, video, or other content related to the Program (“Program Content”). You are granted a limited license to use and display the Program Content for marketing Kloudbean services. Modification or creation of derivative works is not allowed.

3.3 Third-Party Data Provided to You by Kloudbean

If Kloudbean provides any Third-Party Data, you must handle it according to data protection laws and use it only for the specified purpose, in line with your privacy policy.

  1. Content Provided by You to Kloudbean Managed Cloud Hosting

4.1 Partner Materials for Kloudbean Managed Cloud Hosting

You grant Kloudbean a license to use any materials you provide, such as trademarks, logos, or other content, for Program purposes.

4.2 Your Contributions, Submissions, Case Studies, and Software for Kloudbean Managed Cloud Hosting

(a) Contributions. Kloudbean may use any contributions you provide without restriction.

(b) Case Studies. You authorize Kloudbean to use case studies for marketing purposes.

(c) Software. If you provide software, you grant Kloudbean a license to use and sublicense it for testing and validation purposes.

You represent that your contributions do not violate third-party rights, and you have the authority to grant the necessary rights.

  1. Term; Termination for Kloudbean Managed Cloud Hosting

The Terms will be in effect until terminated. Either party may terminate for any reason. Upon termination, you remain responsible for fees and must cease using Program-related materials.

  1. Disclaimers for Kloudbean Managed Cloud Hosting

Your participation is voluntary, and Kloudbean provides the Program and materials “as-is” without warranties.

  1. Limitations of Liability for Kloudbean Managed Cloud Hosting

Kloudbean’ liability is limited, and it is not responsible for indirect or consequential damages.

  1. Modifications for Kloudbean Managed Cloud Hosting

Kloudbean may change the Terms by posting updates. You must agree to the updated Terms, and non-agreement leads to termination.

  1. Miscellaneous for Kloudbean Managed Cloud Hosting

The Terms constitute the entire agreement, and neither party can assign rights without consent. Governing law is specified, and disputes may be subject to arbitration. The parties agree to electronic communications, confidentiality, and other general terms outlined in the document.