Thanks for spreading the word about the apps of 360 Degree Cloud. Before submitting your referral, please keep the following requirements in mind:
All referrals must be new Clients of Apps of 360 Degree Cloud
Any referral already registered by an app of 360 Degree Cloud or a 360 Degree App’s partner for the same app will be unacceptable for submission.
All referrals should be pre-qualified
We expect all referrals to have a general understanding and need for the 360 Degree Cloud’s app it is being referred as a solution for their salesforce.
If your referral meets the above requirements and other terms in the 360 Degree Cloud’s terms and conditions, you’re ready to submit. Please provide your information and fill out the Customer Referral Information form.
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Partner Lead Submission Form
360 SMS App Lead Referral Agreement for services of 360 Degree Cloud
This Lead Referral Agreement(“the Agreement”) is made and entered into by and between the 360 SMS App entity (“360 Degree Cloud“) and (the “Referral Partner“). Whereas Referral Partner desires to identify new business opportunities for the benefit of 360 Degree Cloud regarding its Starter, Professional and Enterprise solution; and 360 Degree Cloud desires for Referral Partner to identify such 360 SMS App Starter, Professional and Enterprise opportunities to 360 Degree Cloud; and 360 Degree Cloud is willing to pay Referral a fee in accordance with this Agreement based on 360 SMS App’s sales resulting from such new Starter, Professional and Enterprise solution opportunity identification; now therefore, the parties hereby agree as follows:
- Leads. A “Lead” id defined as a prospective client that has a definite need for Starter, Professional and Enterprise solution of 360 SMS App’s texting services, has had preliminary dialogue with the Referral Partner about that need and the 360 SMS App solution, and is willing to be engaged further by a 360 SMS App’s sales representative. Within a reasonable time after receiving written/online submission of the lead identified by the Referral Partner, 360 Degree Cloud shall either accept or reject such Lead. A Lead may be rejected if, by way of example but not exclusion, 360 Degree Cloud had a prior relationship with the prospect/company, or the Lead otherwise duplicates existing sales efforts or information.
- Payment. If 360 Degree Cloud directly sells Starter/ Professional/ Enterprise service to the Lead (the “Service”) for the first annual subscription period 360 Degree Cloud shall pay Referral Partner a commission equal to 10% of the revenue collected from Leads by 360 Degree Cloud. Commission will be paid for every subscription renewal or upsells within the 1st year. Payment shall be made to Referral Partner within forty-five (45) days of the payment received by the Lead. 360 Degree Cloud shall provide Referral Partner a list of all such qualifying Leads for which payment is being made. 360 SMS App Service will be billed to Leads at 360 SMS App’s regular rates. 360 Degree Cloud must maintain billing and collection practices for Leads in a manner consistent with 360 SMS App’s billing and collection practices with respect to its other users. Unless otherwise mutually agreed by the parties in writing, the maximum amount that 360 Degree Cloud will pay for each Lead will not exceed $100.
- Promotional Materials. Any use of 360 SMS App’s trademarked, service marks, or trade names is subject to 360 Degree Cloud’s prior written approval. 360 Degree Cloud shall supply Referral Partner with such quantities of its advertising and promotional materials as it deems reasonable necessary for Referral Partner’s performance hereunder. Referral Partner shall make no representations regarding 360 Degree Cloud’s products except as consistent with 360 Degree Cloud’s promotional and technical materials or as 360 Degree Cloud may otherwise approve in writing.
- Relationship of the Parties. Referral Partner shall conduct its business for its own account, in its own name, and not as an agent or employee of 360 Degree Cloud. Neither party will represent that it has any authority to assume or create any obligation on behalf of the other party, or to represent that the other party is an agent, employee, involved in a joint venture with it, or that the other party is involved with it in any capacity except as expressly set forth in this Agreement. Each party shall be responsible for all expenses incurred by it in the course of exercising any right or complying with any responsibility under this agreement. Referral Partner shall remain responsible, and shall indemnify and hold harmless 360 Degree Cloud for the withholding and payment of all federal, state and local personal income, wage, earnings, occupation, social security, unemployment, sickness and disability insurance taxes, payroll levies or employee benefit requirements(under ERISA, state law or otherwise) now existing or hereafter enacted and attributable to Referral Partner and its respective employees, as such may become payable as a result of this Agreement. Referral Partner can Request an audit of the financial records that 360 Degree Cloud maintains for the referred Lead at any time.
- Confidential Information. Each Party agrees that it has no interest in or right to use any confidential information of the other except in accordance with the terms of this Agreement. The party receiving confidential information shall hold it in strict confidence and take all reasonable measures to protect it from disclosures to third party shall have any confidential obligation regarding proprietary information which:
(i) is publically known prior to or after disclosures hereunder other than through acts or omissions attributable to the recipient or its employees or representatives.
(ii) as demonstrated by written records, is already known to the recipient at the time of disclosure hereunder.
(iii) is disclosed in good faith to the recipient by a third party having a lawful right to do so, or
(iv) is the subject of written consent of the party which supplied such information authorizing disclosure. The provisions of this section shall survive termination for any reason whatsoever.
- Restrictions. Referral Partner shall conduct business in a manner that reflects favorably at all times on the 360 Degree Cloud products and 360 Degree Cloud’s goodwill and reputation, and shall make no false or misleading representations with regard to 360 Degree Cloud, its affiliates or its products. 360 Degree Cloud reserves any rights not expressly granted to Referral Partner and retains title and full ownership rights under the copyright laws of the Unites States or any other jurisdiction or under any federal, state, or foreign laws. The Referral Partner or its employees shall not disclose any trade secrets or confidential information contained in the Service and may not under any circumstances disassemble, reverse engineer, copy or transfer the Service.
- Term and Termination. The initial term of this Agreement shall be for one (1) year from the Agreement Date, and may be renewed for subsequent periods upon mutual agreement by the parties. 360 Degree Cloud may revise the terms of this Agreement upon 30 days prior notice. Either party mat terminate the Agreement for convenience upon thirty (30) days written notice. Either party may terminate the Agreement for breach upon seven (7) days notice.
- Limitation of Liability. Neither party shall be liable to the other hereunder for any lost profits or for indirect, special, incidental, or consequential damages, whether based on breach of contract, negligence, strict liability in tort, or otherwise, and whether or not such party has been advised of the possibility of such damage. 360 degree cloud’s cumulative liability, if any, for damages, including (but not limited to) liability arising out of contract, negligence, strict liability in tort, warranty, patent or copyright infringement shall not exceed the amount of lead fees paid to referral partner under this agreement, and if such damages relate to particular lead, such liability shall be limited to the fees paid for such lead.
- Contracting Entity. The Location of each Lead submitted by Referral Partner to 360 Degree Cloud shall determine:
(a) the 360 Degree Cloud entity with which Referral Partner is contracting under this Agreement, and
(b) the 360 Degree Cloud’s entity to which Referral Partner should directly send notices to under this Agreement.