Partner Program

KLOUDBEAN PARTNER PROGRAM TERMS AND CONDITIONS

Last Modified: 1 Jan 2023  

These KloudBean Partner Program Terms and Conditions (these “Terms”) govern your participation in the KloudBean Partner Program (the “Program”) and are an agreement between KloudBean, Inc. (referred to as “KloudBean,” “we,” “us,” or “our”) and you or the entity you represent (“you” or “your”). These Terms take effect on the earlier of (1 Jan, 2023):  

(a) when you click an “Accept” button or check box presented with these Terms,  

(b) when you receive or use any Benefits (as defined in Section 3.1(a)), or  

(c) if you sign a separate Partner Agreement with us, on the effective date specified in that Partner Agreement (the “Partner Agreement”).  

 

You represent to us that you are lawfully able to enter into contracts (e.g., you are not a minor). If you are entering into these Terms for an entity, such as the company you work for, you represent to us that you have legal authority to bind that entity. Unless otherwise defined in these Terms, all capitalized terms used in these Terms are as defined in Section 1. If you sign a separate Partner Agreement with us, that Partner Agreement will control over any inconsistent provisions in these Terms to the extent that the Partner Agreement expressly specifies.

1. Definitions  

 “Governing Laws” means the laws of the state of Connecticut.  

 “Government” means any entity that is part of, or substantially owned, funded, managed, or controlled by, any government at any level.  

 “Partner Portal” means the KloudBean Partner Page (and any successor or related locations designated by us), as may be updated by us from time to time.  

 “Program Account Information” means information about you that you provide to us or any of our affiliates in connection with the creation or administration of your Program account.  

 “KloudBean Confidential Information” means all nonpublic information disclosed by us, our affiliates, or our or their respective employees, contractors, or agents that is designated as confidential or that, given the nature of the information or circumstances surrounding its disclosure, reasonably should be understood to be confidential.  

 “KloudBean Privacy Policy” means the KloudBean privacy policy located on the KloudBean website as may be updated by us from time to time.  

 “KloudBean Trademark Guidelines” means the trademark usage guidelines as KloudBean may make available on the Partner Portal from time to time.  

 “ThirdParty Data” means any information regarding any third party, including information relating to an identified or identifiable person.  

2. Program Overview and Administration  

 2.1 Joining the Program  

To join the Program, you must submit a complete Program application through the Partner Portal and be accepted by KloudBean into the Program. Acceptance into the Program alone does not authorize you to resell or sublicense KloudBean services.  

 2.2 Program Administration  

If you are accepted into the Program, you must create a Program account and provide your Program Account Information to manage your participation in the Program. We may use your Program Account Information to send you information about KloudBean, the Program, or other information that we think might be of interest to you.  

 2.3 Your Conduct  

You will at all times:  

(a) conduct your activities in the Program in a professional and competent manner,  

(b) comply with all applicable laws, rules, and regulations,  

(c) not engage in any harmful, false, or deceptive acts or practices, and  

(d) comply with KloudBean’s acceptable use policy in using the KloudBean website.

3. Benefits and Content Provided by KloudBean  

 3.1 Program Benefits  

(a) Generally: As part of the Program, we might invite you to participate in opportunities or provide you with other benefits (collectively, “Benefits”) related to your activities that support usage, promotion, or knowledge of KloudBean products and services.  

(b) Eligibility: You are only eligible for Benefits if you (i) submit a Project proposal to KloudBean, (ii) receive KloudBean’s approval, and (iii) complete the Project in accordance with your proposal and these Terms.  

(c) Use: You may not use any Benefits for any purpose other than for their intended use as communicated to you by KloudBean.  

 3.2 Program Content  

We might provide you text, images, audio, video, or other content (excluding software) related to the Program (“Program Content”). We grant you a limited, revocable, worldwide, royaltyfree, nonexclusive, nonsublicensable, and nontransferable license to use the Program Content solely for the purpose of marketing our services to your customers.  

4. Content Provided by You  

 4.1 Partner Materials  

If you provide to us any trademark, service mark, trade name, or other content (“Your Materials”), you grant to us a worldwide, royaltyfree, nonexclusive, nonsublicensable, and nontransferable license to use, reproduce, display, distribute, and translate all or any part of Your Materials in connection with the Program.  

 4.2 Your Contributions  

If you provide any suggestions, case studies, or software to KloudBean, you hereby irrevocably assign to us all rights, title, and interest in and to such contributions.  

5. Term; Termination  

 5.1 Term  

These Terms will commence on the Effective Date and will remain in effect until terminated under this Section 5.  

 5.2 Termination  

You may terminate these Terms and your participation in the Program for any or no reason. KloudBean may terminate these Terms immediately upon notice to you if you are in material breach of these Terms.  

5.3 Effect of Termination  

Upon termination, you will immediately cease to identify yourself or hold yourself out as a Program participant and return or destroy all Program related materials in your possession.  

6. Disclaimers  

THE PROGRAM AND THE PROGRAM CONTENT ARE PROVIDED “ASIS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED OR EXPRESS WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.  

7. Limitations of Liability  

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL KLOUDBEAN BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER LIABILITY RELATED TO THE PROGRAM.  

8. Modifications  

KloudBean can change, update, add, or remove provisions of these Terms at any time by posting the updated Terms on the Partner Portal.  

9. Miscellaneous  

 9.1 Governing Law  

These Terms are governed by the laws of the state of Connecticut, USA and Ludhiana, India.  

 9.2 Arbitration  

Any dispute arising out of or related to these Terms shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.  

 9.3 Independent Contractors  

We and you are independent contractors, and these Terms do not create a partnership, joint venture, agency, fiduciary, or employment relationship.  

Contact Information  

If you have any questions about these Terms, you can reach us at:  

KloudBean,llc.  

30 Old Kings Hwy S Darien, CT, 06820, USA. 

Secured Orbis Private Limited 

750/3, Patel Nagar, Civil lines, Ludhiana, 141001.

Email: legal@kloudbean.com