This Agreement is made on the date on which You accept the terms of this Agreement (the Effective Date) by and between the SafetyCulture entity that owns or operates the SafetyCulture Products that the Partner is referring or reselling (as applicable) listed here (SafetyCulture) and the person or entity agreeing to enter into this Agreement (You or the Partner) (each a Party or collectively, the Parties). The Partner would like to participate in SafetyCulture’s partner program (the Program). This Agreement (which includes any appendix and schedule attached hereto) governs the Program and the relationship between SafetyCulture and the Partner.
You warrant that you are over the age of eighteen and have the power and authority to enter into and perform your obligations under this Agreement. If you enter into this Agreement on behalf of your company, then references to “the Partner” in the remainder of this Agreement means your company, and you warrant that you are properly authorised to bind your company to this Agreement.
You agree to the terms of this Agreement when you click on the “I agree” button that is presented to you at the time of submitting your details to the Partner Program. If you do not agree with this Agreement, do not click the “I agree” button and notify SafetyCulture that you do not wish to be part of the Partner Program.
Capitalised terms used in this Agreement shall be defined where first used or as follows:
The Partner acknowledges that SafetyCulture owns all intellectual property in the SafetyCulture Product, the Program and any marketing, collateral or other materials that may be provided to the Partner for the purposes of the Program, or otherwise created or developed for the purposes of the Program.
Unless otherwise agreed between the parties, the laws governing this Agreement and the courts exercising exclusive jurisdiction depend on where you are domiciled (as specified here).
Pursuant to the terms of the Agreement, this Appendix sets out the terms and conditions under which the Partner will provide Referrals to SafetyCulture for SafetyCulture Products.
To the extent permitted by applicable law, the aggregate liability of SafetyCulture for any damages arising from or related to this Agreement in each successive 12 month period is limited to the Commission Amount that the Partner is entitled to receive in that period.
To the extent permitted by applicable law, the aggregate liability of SafetyCulture for any damages arising from or related to this Agreement is limited to $10,000. Notwithstanding the foregoing, this does not apply in respect of the Partner ‘s obligations under or breach of clauses 8 and 10 of the Agreement, or paragraph 4 of this Appendix.