This agreement is between DataStream (“Company”) and the Affiliate partner (“Affiliate”) and establishes the terms and conditions for participation in the DataStream Affiliate Program (the “Program”). By completing and submitting this partner application, Affiliate agrees to the following:

Relationships

Affiliate is an independent contractor who markets and supports Company products and services. Affiliate is not an agent or legal representative of Company for any purpose, and has no authority to act for, bind or commit Company.

Term, Limitations, Termination

The term of this Agreement is twelve (12) months from the date of application acceptance by Affiliate and Company. This Agreement shall automatically renew on each subsequent year for a one-year term, unless it is terminated earlier in accordance with this Agreement.

Company or Affiliate may terminate this Agreement without cause at any time upon thirty (30) days written notice, except that neither the expiration nor earlier termination of this Agreement shall release either party from any obligation which has accrued as of the date of termination.

Affiliate understands and agrees to the following causes for immediate termination:

• Affiliate cannot sell, advertise, or engage in pornography, phishing scams, spamming, illegal business practices, or that include any material infringing on National or International Copyright.
• Affiliate will not promote with any type of mass email spam (newsletters, social posts, etc. are not considered spam)

Company may, from time to time, give Affiliate written notice of amendments to this Agreement. Any such amendment will automatically become a part of this Agreement ten (10) days from the date of the notice unless otherwise specified in the notice.

Use of Company Trademarks

Affiliate acknowledges that the Company owns all right, title, and interest in the Company names and logotypes. Affiliate will acquire no interest in any such trademarks or tradenames by virtue of this Agreement, its activities under it, or any relationship with Company.

During the term of this Agreement, Affiliate may indicate to the public that it is an affiliate of the Company and may use Company trademarks and trade names to promote Company products or services. Affiliate will not adopt or use such trademarks or tradenames, or any confusing word or symbol, as part of its company name or URL.

Affiliate Fees

The Company pays Affiliate marketing and service fees for marketing and security efforts related to a prospective customer, so long as the prospect is not already a customer of the Company or has not already been referred previously by another Affiliate.

Affiliate can create a prospect lead via email introduction to their territory’s respective Partner Success Manager, or through the online referral form.

Marketing and security fees are typically processed and paid within 30 days of receipt of the customer’s payment.

Affiliate News

By becoming an affiliate, you agree to receive emails from the Company. These may contain important information about the affiliate program, existing or new products, and promotional ideas.

Rejection of Affiliate Application

The Company reserves the right to reject an Affiliate application for any reason.

Jurisdiction

Santa Clara County, California law governs this agreement. This agreement is the entire agreement and may be amended only by the parties to it. All notices must be sent via certified mail, or by email (if the receiving party acknowledges receipt).

By submitting the Affiliate application, you acknowledge that you have read the terms and conditions, understand, and agree with them.