As a Partner of eazyBI, you are bound by this Partnership agreement. If you by any reason cannot accept these terms, please contact partners@eazybi.com in order to terminate the Partnership Agreement with eazyBI.
Effective as of: November 23, 2020
1.Definitions
Product(s) means the application software specified on Exhibit “A” hereto and such other Products as the parties may agree upon and add to this agreement in writing from time to time. Such software consists of:
- the computer programs encoded in any media and released by eazyBI; and
- the user guides, reference manuals, and other materials developed by eazyBI for distribution and use in combination with such computer programs. eazyBI may discontinue developing, producing, licensing, or distributing, or may modify, replace, or add to, any of the Products at any time. eazyBI may amend, without any advance notice to Partner, Exhibit “A” from time to time to reflect any such changed in the Products.
eazyBI means eazyBI SIA, Avenu iela 7 k-1, Jurmala, Latvia, LV-2008, Reg. No. 40103398174
Free License means a license for which the Fees are waived by eazyBI.
Fees mean all fees and expenses payable by the Licensee to eazyBI in acquiring the Software and as applicable any Maintenance or User Licenses.
2. Appointment of Partner and License
Subject to the terms and conditions of this Agreement, eazyBI hereby appoints Partner as a non-exclusive eazyBI Recommended Partner (hereinafter - the Partner), and grants a worldwide, non-exclusive and non-transferable rights to Partner to promote, market and sell the Products to end-users solely from Atlassian Marketplace or eazyBI License Portal on eazybi.com.
3. Benefits of Partners
Partner of eazyBI shall be granted with the following benefits:
3.1. A free unlimited "eazyBI for Jira Cloud", "eazyBI for Jira Data Center", “eazyBI for Confluence Cloud”, “eazyBI for Confluence Data Center” or "Private eazyBI" development license for internal use, development, demo or training needs. Read more in 6.2;
3.2. Special Partner discounts for eazyBI Products. eazyBI for Jira is sold on Atlassian Marketplace, therefore eazyBI Product license discounts for Atlassian solution Partners are in accordance to Atlassian Marketplace policy. There are discounts applied to other Products as well, please contact partners@eazybi.com to obtain more information;
3.3. An extended support, onboarding and training resources;
3.4. eazyBI might share with Partners existing and new customer contacts (leads) - more about lead sharing principles in 6.8.;
3.5. Marketing and sales resources;
3.6. Visibility on eazybi.com.
4. Obtaining the Qualification
In order to qualify for the eazyBI Recommended Partner program, Partner must fulfill the Partnership criteria listed below:
4.1. Partner has to be a certified Atlassian Solution Partner, or a business software solution provider, or education/training service provider;
4.2. Partner has to have an up-to-date eazyBI demo, test, development, or a regularly used internal production environment;
4.3. Partner has to have at least two in-house eazyBI experts; An eazyBI in-house expert is defined as someone who has demonstrated experience with eazyBI, either by passing a qualification call with an eazyBI Technical Consultant or by completing the eazyBI training program provided by flex.bi - a Certified eazyBI Partner.
4.4. Partner has to be able to provide eazyBI related services, for example: eazyBI setup, configuration, basic training, report creation, customer account management;
4.5. Partner has to have a proven history record of providing eazyBI related services.
5. Maintaining the Qualification
In order to maintain the Partnership with eazyBI, Partner has to meet the Partner criteria, as well as have a proven record of business results:
5.1. Partner has to sell at least 2 new Product licenses per year, or if if not directly selling licenses, Partner must actively contribute to the adoption of the eazyBI products by facilitating at least two new client implementations or engagements per year, such as through training, consulting, or onboarding services.
5.2. Partner has to maintain appropriate service quality provided to the clients. In order to evaluate this, eazyBI has the right to contact the clients of Partner to identify the satisfaction level and service quality provided by the Partner.
5.3. To maintain the quality and effectiveness of the partnership, both eazyBI and the Partner commit to open communication and regular feedback. The Partner agrees to schedule and participate in at least one annual partner call with eazyBI to discuss product and company updates, feedback, changes in the partner agreement, changes in contacts or key personnel, etc. to ensure alignment on partnership goals, expectations, and opportunities.
5.4. eazyBI keeps the right to revoke the partnership in case any of above mentioned points are not fulfilled and/ or Partnership Restrictions and Obligations are violated.
6. Partnership Restrictions and Obligations
6.1. EULA, Privacy Policy, Terms of Service
Partner acknowledges that the free license granted to the Partner or any license of the Product sold to its end-user customer shall be a subject to terms and conditions set out in Atlassian Marketplace Vendor Agreement as well as eazyBI’s End User License Agreement and Terms of Service. The Partner shall comply with all the requirements set by Privacy Policy regarding any personally identifiable information received from eazyBI.
6.2. Product License Usage
If Partner received a free Product license/s from eazyBI, Partner shall only use those licenses in test, staging, demo environments or for internal company use. Partner may use the free license for external training purposes and can provide training access to customers in Partner's internal eazyBI environment. Free licenses from eazyBI must never be used in any end-user customer environment.
6.3. No Unethical Trade Practices
eazyBI Partners shall treat their customers and eazyBI customers fairly. At no time shall Partner engage in any illegal, deceptive or unfair trade or other practice that may adversely affect the image or reputation of eazyBI or make any false, misleading or disparaging statement, information, or representation regarding Product or eazyBI company. eazyBI Partners shall not offer bribes and/or inappropriate gifts to obtain or retain business or to influence decisions, or enter into any behavior that would be considered unethical, or would give the appearance of impropriety. eazyBI Partners should communicate with competitors, other Partners, and eazyBI honestly and never defame, slander or disparage them. Partner shall use only sound business methods and ethical trade practices in promoting, marketing and distributing the Product.
6.4. Promotion and Marketing
As an eazyBI partner, you should clearly present yourself as a third-party provider while maintaining your own brand identity, not appearing as eazyBI. Ensure accuracy by using only the official product information without modifications or unverified claims. Additionally, act as a brand ambassador by following eazyBI's brand guidelines to uphold the brand's integrity. Partner shall comply with eazyBI brand guidelines, which can be found here.
6.5. Reselling Services
Partner is granted a non-exclusive, non-transferable right to resell the Products. Partner is permitted to identify itself as a eazyBI "Reseller" solely in connection with your resales of the Products. Partner bears all risk of non-payment by end users, and is solely responsible for all costs and expenses.
6.6. Partner Identification and Trade Marks Rights
Partner must never pose as owner or creator of the eazyBI Product. Partner shall obtain approval from eazyBI to include custom textual or visual description of the Products in any promotion material, including web pages if they have not been created and provided by eazyBI. Meanwhile, Partner has to place eazyBI logo on its website and identify eazyBI as a “Partner”.
6.7. Client Support
Partner acknowledges that the Product is technically complex and requires high quality individualized pre-sale and post-sale support, and Partner is responsible for such support as is necessary to achieve and maintain end-user customer satisfaction. In order to secure this, Partner has access to on-boarding and training materials available through eazyBI Partner Portal as well as eazyBI support in cases when Partner needs additional assistance.
6.8. Lead Sharing Principles
eazyBI maintains and regularly updates eazyBI Product user database of evaluation and commercial license customers, acquired leads. eazyBI is able to refer these customer leads to trusted and recommended Partners.
The lead sharing process is both manual and automated. We aim to make this process transparent, equal, and prioritized based on several criteria:
6.8.1. Partner has recently sold a Product to Customer. The priority is to a Partner who has sold the license to the customer, irrelevant of the geographic location;
6.8.2. The region where the client is located. Higher customer lead priority is to a Partner who is based in the same geographic region as the customer.
6.8.3. The services the Partner can provide. Higher lead priority is to Partner who has proven service history or has the most relevant service offer based on customer’s requirements or inquiry.
6.8.4. Partner treats all the leads equally and provides full range of services to all clients.
6.8.5. eazyBI has the right to override lead sharing priority if:
- The Partner cannot provide a requested service;
- eazyBI receives complaints about service quality provided by the Partner;
- Partner does not treat all the leads equally and/or is not responding to customer requests.
7. Confidentiality and Non-Disclosure
Notwithstanding anything contained in this agreement and except as may be required by applicable law, Partner shall hold strict confidence, and shall not make use of or disclose to any third party, any confidential or proprietary information concerning the Products or eazyBI or any of its affairs, except such information that:
7.1. is or become publicly available other than through a breach of the Agreement:
7.2. is successfully obtained by Partner from a third party or eazyBI without breach of the agreement by Partner as shown by documentation sufficient to establish the third party as a lawful source of the confidential information;
7.3. was known to Partner prior to its disclosure to Partner, or
7.4. eazyBI consents to its disclosure by notifying Partner.
eazyBI shall hold in strict confidence, and shall not make use of or disclose to any non-eazyBI employee any confidential or proprietary information discussed or disclosed from Partner (written or verbal). This to include customer or prospect detail, Partner business operations detail or other data tagged as “confidential” in the normal proceedings with Partner.
8. Governing Law
This partnership agreement is governed by and construed in accordance with the Laws of Republic of Latvia.
Exhibit A
Products
This Partner Agreement is valid for all commercial Products produced by eazyBI SIA. The current set of Products are:
- eazyBI for Jira Cloud
- eazyBI for Jira Data Center
- eazyBI for Confluence Cloud
- eazyBI for Confluence Data Center
- eazyBI Cloud
- Private eazyBI
eazyBI may at its sole discretion and at any time add or remove Products from this list.