REFERRAL PARTNER PROGRAM OVERVIEW
(US & Canada)
This Program Overview (“Program Overview”) is between the
person or organization agreeing to the terms herein (“Partner”
or “you”) and the applicable GoTo entity set forth in the
contracting entities table at
https://www.goto.com/company/legal/contracting-entities
(“GoTo,” “us,” or “we”),
and is governed by the GoTo Partner Network Terms and Conditions at
https://www.goto.com/company/legal/partner-network-terms
(the “Partner Terms”). This Program Overview, together with
the Partner Terms, shall be considered the “Agreement.”
Any terms not defined herein are defined in the Partner Terms. The
“Effective Date” of this Agreement is the date you agree to
its terms.
1.Scope; Purpose .
Under these Referral Partner Program terms we authorize you as a
non-exclusive partner to market and promote the Services and provide us
Leads. In no event are you authorized to distribute Services or any other
of our products or services for resale or otherwise obligate us to provide
Services to any third party. You are not eligible to participate in the
Referral Partner Program if you have already registered as an Authorized
Agent.
2.Applicable Services
.
The following services are available for Commission under the Referral
Partner Program (“Services”):
GoTo Connect
GoTo Contact Center
Customer Engagement
GoTo Meeting
GoTo Room
GoTo Webinar
GoTo Training
GoTo Stage
Rescue
Central
Pro
GoTo Resolve
3.Sales and Contracting
.
We set all terms and pricing for Customer contracts and those contracts are
between the Customer and us. We may enforce those contracts however we
choose, including termination, and we may contact Customers at any time for
any reason. You may not sign a contract on behalf of a Customer without
clear legal authority (e.g. power of attorney). Doing so is a material
breach of this Agreement.
4.Referral Fees .
We will pay you a one-time Referral Fee for Qualified Referrals as set
forth below. The Services include an option to earn a one-time Renewal Fee
and all Services Referral and Renewal Fees are based on the Aggregate MRR
we have billed in the prior month as stated in the table below. We will
convert MRR to USD as necessary to calculate your commission rate. We may
review the applicable Partner Tier, Referral Fee Rate, and Renewal Fee Rate
in our discretion or upon your request, but in any case, no less than
annually. The Referral Fee Rate and Renewal Fee Rate (where applicable) for
all Qualified Referrals will remain unchanged, except that any change to
the Referral Fee Rate or Renewal Fee Rate for GoTo Connect will apply as of
the first full month after the change.
Referral Fees:
Partner Tier
|
Aggregate MRR* (USD) for all Services
|
Referral Fee Rate
|
Renewal Fee Rate
|
Base
|
≤ $15,000
|
20%
|
10%
|
Silver
|
$15,001 - $50,000
|
20%
|
10%
|
Gold
|
$50,001 - $500,000
|
25%
|
15%
|
Platinum
|
$500,001+
|
30%
|
20%
|
* Monthly Recurring Revenue” or “MRR”
means the base charges for the Services, whether billed monthly or billed
for a longer period and allocated monthly. It does not include taxes and
fees, hardware rental or purchase amounts, per-minute or other variable
charges, DID charges, porting charges, professional services charges, or
any other amounts.
5.Referral Fee Qualifications; Payment
. To qualify for Referral Fees, you must register a Lead,
we must validate it, and it must be considered a Qualified Referral. A
“Qualified Referral” means a Customer that has signed a
contract for Services for a minimum 12-month term and been actively using
the applicable Service(s) for no less than 90 consecutive days.
a.Payment . We
will pay you the applicable Referral Fee for Qualified Referrals in the
prior calendar month as set forth herein. Referral Fees are only payable
for a Customer’s initial subscription term, up to a maximum twelve (12)
month period. Renewal terms for Services may be eligible for additional
renewal fees as described below. We base Referral Fees on billings. If we
bill for multiple months at once, we will pay you a Referral Fee based on
the full amount billed for the Qualified Referral, but, , we will allocate
the amount billed equally across all applicable months for purposes of
calculating the Partner Tier. For example, if you have a $36,000 annual
Qualified Referral that we bill all at once, we will pay a Referral Fee on
the full $36,000 in the month we bill the customer, and the Partner Tier
for that month and the following 11 months will be based on $3,000 MRR for
that Qualified Referral plus any other MRR for other Qualified Referrals.
b.Renewal Fees .
For Customers that renew their service agreement with us for a minimum
1-year term following expiration of their initial subscription term, we
will pay you an additional renewal fee based on the Aggregate MRR for
renewals as set forth in the table above (“Renewal Fee”).
We will pay you any Renewal Fees during the month following the Customer’s
annual renewal date.
c.Customer Disqualification or Non-Payment
. If a Customer does not meet the requirements for a
Qualified Referral or fails to pay the amount we have billed after we have
paid you a Referral Fee or Renewal Fee based on that amount, we will have
overpaid you for that Customer and will apply the overpayment against
future Referral Fees or Renewal Fees we would otherwise owe you.
d.Payment Currency.We
will pay you on a monthly basis for Referral Fees and Renewal Fees in your
Home Currency unless the parties agree otherwise in writing. As necessary,
we will convert Customer currency to your Home Currency using month-end
closing rates published by Bloomberg on the last business day of each
month. We are not required to make any payment due under this Agreement
until the aggregate Referral Fees and Renewal Fees payable to you are at
least fifty dollars ($50.00 USD). If our payment to you is subject to
value-added taxes or similar charges, you must submit an invoice to us for
the amount due plus any applicable value-added taxes. We will have
no obligation to pay Referral Fees or Renewal Fees until you have provided
the invoice.
e.Disputes . If
you believe we have incorrectly calculated your applicable Referral Fee or
Renewal Fee, you must notify us no later than 60 days after the applicable
payment.
6. Customer Information. Any
Customer information you provide us as part of your participation in the
Referral Program is jointly owned by each party and may be used by either
party in any manner deemed appropriate subject to (i) each party’s
published privacy policies then in effect, and (ii) all privacy and data
protection laws and regulations applicable to the gathering, processing,
storage and transmission of the Customer information.