Terms and conditions l Partner program

The purpose of the Partner Program is to allow Affiliate/Referral Partners to market and refer PushOwl Products to prospective customers. The scope of the program includes lead identification, marketing and promotion, Lead registration, and assistance with making contact with Commissionable Leads. Eligible Leads shall become Commissionable Leads only when expressly validated by PushOwl.

The purpose of the Partner Program is to allow Affiliate/Referral Partners to market and refer PushOwl Products to prospective customers. The scope of the program includes lead identification, marketing and promotion, Lead registration, and assistance with making contact with Commissionable Leads. Eligible Leads shall become Commissionable Leads only when expressly validated by PushOwl.

To become a Partner, you must complete and submit a Partner Program application or other required documents to PushOwl. PushOwl will review your application and notify you via email/partner portal whether you have been accepted to participate in the Partner Program.

Upon acceptance, you agree to create an account through the Partner Portal ("Account") and complete any enrollment criteria as specified by PushOwl. Acceptance suppose that Partner complies with PushOwl’s criteria. In particular, Partner must own and exploit a professional website or portfolio that proves Partner is a registered business and runs lawful activities

a. Identification of leads, marketing and promotion. During the term of this agreement, the Partner shall use commercially reasonable efforts to identify leads and market and promote PushOwl products to leads. Partner may provide leads with the PushOwl materials as supplied to Partner by PushOwl from time to time.

b. To be eligible for acceptance by PushOwl, all leads must meet the following criteria (referred to as “Eligible Leads”):

At the time of introduction to PushOwl, the lead is not already an existing Customer of PushOwl or, for cross-ales or upsale purposes, is not already involved in discussions with PushOwl relating to the sale of additional PushOwl Products.

Except for cross-ales purposes, the lead has not previously been (i) submitted to PushOwl by another Partner and/or (ii) by any other third party and/or has not been generated by PushOwl itself.

c. Lead Registration. Partner must register the lead in the Partner Portal or via email to the PushOwl partner team ("Lead Registration"). PushOwl will review the lead and notify the Partner through the Partner Portal or email. PushOwl may accept or reject leads at its sole discretion. If PushOwl rejects a lead, the Partner must cease all referral services with respect to such lead. If PushOwl accepts a lead, the Partner shall assist PushOwl in making contact with the Commissionable Lead as requested by PushOwl.

d. Transfer of ownership: In the event that the customer changes the partner, no Commission shall be due to the new partner.

a. Commission Structure:

Switching between tiers will occur automatically based on the Monthly Recurring Revenue (MRR) referred by the Partner, ensuring that Partners are rewarded and promoted based on their performance and contribution to PushOwl's success :

Partners will be eligible for a 25% commission on every transaction if the minimum referred MRR (Monthly Recurring Revenue) is ≥ 3000

Partner will be eligible for a 20% commission on every transaction if the minimum referred MRR(Monthly recurring revenue) is ≤ 3000).

Partner will be eligible for a 16% commission on every transaction if the minimum referred MRR(Monthly recurring revenue) is ≤ 150).

b. Partner payouts:

The commission amount is paid monthly through Partnerstack.

Commissions will be paid in USD.

Commissions will be available for withdrawal on the 13th of each month.

Partners can withdraw commissions using PayPal, Stripe, or via direct bank transfers.

Direct deposit via Partner Portal is available for bank accounts in the following countries: Australia, Austria, Belgium, Bulgaria, Canada, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, India, Ireland, Italy, Lithuania, Luxembourg, Malta, Netherlands, New Zealand, Portugal, Slovakia, Slovenia, Spain, United Kingdom, and the United States.

Pakistan-based partners without access to PayPal/Stripe must submit an invoice manually to the partner manager, including the partner's bank details and PushOwl's address. The payment will be credited to the partner's account within 7-12 days.

For direct bank transfers via PushOwl, the withdrawal amount should be greater than $500.

Affiliate Partners are responsible for actively marketing and promoting PushOwl Products to generate leads. They must comply with the terms and conditions of this Agreement, as well as any additional guidelines and instructions provided by PushOwl. Affiliate Partners shall ensure that all marketing activities are conducted in a professional and ethical manner.

Affiliate Partners acknowledge and agree that all intellectual property rights, including but not limited to trademarks, copyrights, and patents, related to PushOwl Products and Materials shall remain the sole property of PushOwl. Affiliate Partners shall not use or reproduce such intellectual property rights without prior written consent from PushOwl.

Affiliate Partners are permitted to use approved marketing materials provided by PushOwl for the purpose of promoting PushOwl Products. Any additional marketing materials or strategies must be approved in writing by PushOwl before implementation.

Affiliate Partners shall keep all non-public information received from PushOwl confidential and shall not disclose or use such information for any purpose other than the performance of their obligations under this Agreement.

a. Partners acknowledges that it accepts and that it shall comply with PushOwl’s Privacy Policy (https://pushowl.com/privacy) and with any third party editor’s privacy policy and any of third party editor contractual terms related to Personal data protection. Partner undertakes to communicate such documentation as well as any mandatory information to the data subjects involved before any processing of Personal data.

b. The Partner warrants that it complies with all applicable laws and regulations while performing the referral services, included but not limited to laws and regulation on anti-corruption, electronic communications and Data Protection Laws. In this respect, Partner warrants that it applies the concepts of data protection by design and data protection by default to its business and to the referral services, in accordance with section 25 of the GDPR. Partner notably warrants that it :

Acts as Controller when performing the referral services;

Holds a record of processing activities, as controller and as processor according to section 30 of the GDPR and Data Protection Laws;

Applies a Personal data retention policy and regularly purge Personal data;

Has a purpose and legal basis for any Personal data processing and minimize Personal data processing;

Informs data subjects, in particular the representative(s) of Customers, according to the GDPR and Data Protection Laws, notably on :

• the purposes of collection and processing of their Personal data when performing the referral services ;
• the fact that the Personal data processed might be transferred to PushOwl and/or any third party editor involved ;
• the existence and purpose of the real-time tracking that allows Partner to monitor its Commissions in real-time.

Has collected and collects consent of data subjects whenever applicable under Data Protection Laws and under applicable laws governing electronic communications;

Has implemented and continues to implement appropriate technical and organizational measure to ensure Personal data’s confidentiality and security according to section 32 of the GDPR and Data Protection Laws;

Has sensitized its personnel (employees and contractors) to Personal data protection;

Has imposed contractual obligations of confidentiality to their personnel (employees and contractors);

Has implemented processes to manage data subjects’ request within the applicable deadlines provided by Data Protection Laws ;

Has implemented processes to manage and report data breaches to their controllers and to data protection supervisory authorities within the applicable deadlines provided by Data Protection Laws;

Has signed data processing agreements compliant with section 28 of the GDPR with any partners, customers or any other third party that qualifies as controller and/or processor of Personal data according to the GDPR;

Operate transfers of Personal data outside the European Economic Area in compliance with Data Protection Laws and Regulations, in particular according to sections 45, 46, 47, 48 of the GDPR;

Has conducted any data protection impact assessment as required by section 35 of the GDPR;

Has never been subjected to an audit or control of a relevant data protection supervisory authority;

Shall destroy all copies of Personal data without delay at the end of these Terms.

b. Partner payouts:

The commission amount is paid monthly through Partnerstack.

Commissions will be paid in USD.

Commissions will be available for withdrawal on the 13th of each month.

Partners can withdraw commissions using PayPal, Stripe, or via direct bank transfers.

Direct deposit via Partner Portal is available for bank accounts in the following countries: Australia, Austria, Belgium, Bulgaria, Canada, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, India, Ireland, Italy, Lithuania, Luxembourg, Malta, Netherlands, New Zealand, Portugal, Slovakia, Slovenia, Spain, United Kingdom, and the United States.

Pakistan-based partners without access to PayPal/Stripe must submit an invoice manually to the partner manager, including the partner's bank details and PushOwl's address. The payment will be credited to the partner's account within 7-12 days.

For direct bank transfers via PushOwl, the withdrawal amount should be greater than $500.

a. These Terms shall be effective from the Effective Date. These Terms are entered into for an initial term of one (1) month from its Effective date. These Terms will then be renewed for additional one (1) month periods, unless one of the Parties gives the other Party notice, by email or via the Platform, of its opposition to the renewal at least one (1) week before the end of the current period.

b. PushOwl also reserves the right to terminate these Terms if Partner breaches the Terms, reaches insufficient results while performing the referral services, if the Partner has been inactive on the Platform, or in case of a security alert or incident on the Platform/Partner Portal that is related to the Account. In these cases, PushOwl shall terminate the Terms immediately without notice and without any right to damages or any form of compensation for the Partner.

c. Consequences, in case of termination:

Partner shall stop all actions and missions related to the referral services and stop using PushOwl’s trademarks and/or stop referring to PushOwl while performing its activity;

Partner shall destroy all copies of Confidential Information;

PushOwl may delete Partner’s Account from the Platform/Partner Portal and all its uploaded and associated data;

PushOwl shall pay the remaining amount of Commission, if any.

PushOwl shall stop any further payment.

a. Neither Party shall in no way be held liable for the consequences of indirect damage. In no case can PushOwl be held responsible in any capacity whatsoever in relation to third parties for any damage resulting from the actions or omissions of the Partner or resulting from the content of any communications operated by the Partner on behalf of PushOwl or from the consequences that the sending of such communication can have for PushOwl. Partner shall indemnify and hold PushOwl harmless against all and any claims or losses incurred by PushOwl arising directly or indirectly from or in connection with the performance of the referral services by thePartner.

b. It is jointly agreed that PushOwl’s liability shall not exceed the price paid by PushOwl in return for the referral service(s) giving rise to the said liability, for the month of contract in which the damage occurred.

c. This clause shall remain applicable in case these Terms are annulled, rescinded or terminated.

The Partner undertakes to obtain and maintain a professional indemnity insurance to cover all penalty and damage claims during the term of this contract from an insurance company known to be solvent. Upon request, the Partner shall provide PushOwl with a copy of the relevant insurance policy evidencing the existence and extent of such insurance policy.

The Partner undertakes to obtain and maintain a professional indemnity insurance to cover all penalty and damage claims during the term of this contract from an insurance company known to be solvent. Upon request, the Partner shall provide PushOwl with a copy of the relevant insurance policy evidencing the existence and extent of such insurance policy.

These Terms shall be governed by French Law. French law shall apply to both form and substance, notwithstanding the place of performance of the essential or ancillary obligations. In the event of a dispute, it is expressly agreed that the Commercial Court (“Tribunal de Commerce”) of Paris shall have jurisdiction, even in the event there is more than one defendant or in case of a third-party proceedings, including in case of urgent proceedings, protective measures or summary proceedings.