PARTNERSHIP PROGRAM AGREEMENT
Last updated: August 16, 2024
This public Agreement constitutes the official invitation from the Client to join the Partnership Program and become a Partner of the unique E-chat service, which integrates personal Viber and Telegram accounts with CRM systems, enhances customer communication, automates business processes, sends automated messages, logs chat histories in CRM, and fosters improved customer engagement.
Participation in the Program is conditional upon compliance with all terms of this Agreement. The Client reserves the right to reject any application at its sole discretion at any time.
This Agreement becomes effective upon your registration on the Website. By registering, you confirm that you have read, understood, and agree to all provisions of this Agreement and the Privacy Policy.
IF YOU DO NOT AGREE TO THE TERMS, PLEASE CANCEL YOUR APPLICATION FOR PARTICIPATION IN THE PARTNERSHIP PROGRAM.
1. DEFINITIONS
1.1. Client means any individual or legal entity using the Client’s Services under a selected Plan and referred by the Partner.
1.2. Partner means an independent contractor (not an employee of the Client) who refers potential Clients to the Client’s Website in exchange for compensation.
1.3. Website means the software and hardware platform accessible at https://e-chat.tech/.
1.4. Individual Entrepreneur Artem Sergiyovich Likot (TIN 3488510374), a taxpayer under the simplified system.
1.5. Referral link means the unique URL provided to the Partner to track referrals and allocate rewards for each paying Client.
1.6. Plan means the set of features and access rights provided by the software on the Website, determined by the chosen price and defined in the Annexes.
1.7. Messenger means any software, web service, or application enabling real-time messaging over the Internet.
1.8. CRM (Customer Relationship Management) means software that tracks interactions, manages sales, and automates customer-related processes.
1.9. Service means the provision of access to the Client’s software via the Website for integration with Messengers, allowing number linking, file exchange, and voice message playback through CRM.
1.10. Account means the Partner’s personal account on the Website containing identifying information required to perform the Agreement’s terms.
1.11. Parties means the Partner and the Client collectively referred to in this Agreement.
2. GENERAL PROVISIONS
2.1. Under this Agreement, the Partner, on their own behalf and at their own expense but in the Client’s interest, shall perform actions to attract Clients, and the Client shall pay the Partner compensation as stipulated herein.
2.2. The Partner is neither the owner of the software or the Website nor an employee or service provider of the Client, but acts solely as an agent.
2.3. The Partner may act on behalf of third parties only in their capacity as the Client’s Partner.
2.4. The Client reserves the right to suspend or modify the Service in whole or in part, with prior notice to the Partner.
3. PARTNER’S RIGHTS AND OBLIGATIONS
3.1. The Partner shall have the right to:
- 3.1.1. Source Clients matching the Client’s criteria.
- 3.1.2. Inform potential Clients about the Client’s services.
- 3.1.3. Introduce Clients to the Client’s Website.
- 3.1.4. Foster trust in the Client and its services.
- 3.1.5. Receive compensation in accordance with this Agreement.
- 3.1.6. Resell Services at a markup above the Website price.
- 3.1.7. Exercise any other rights provided by this Agreement or applicable law.
3.2. The Partner shall be obliged to:
- 3.2.1. Comply with the rules posted on the Client’s Website.
- 3.2.2. Independently resolve any third-party claims related to their actions.
- 3.2.3. Maintain confidentiality of their login credentials and secure their Account.
- 3.2.4. Report any potential threats or harmful activities to the Client.
- 3.2.5. Refrain from technical interference with the Client’s Service or servers.
- 3.2.6. Act in good faith and solely in the Client’s interests.
- 3.2.7. Maintain only one Account per Partner.
- 3.2.8. Adhere to confidentiality provisions.
3.3. The Partner is prohibited from:
- 3.3.1. Engaging in activities that violate Ukrainian law.
- 3.3.2. Creating multiple Accounts to fraudulently claim rewards.
- 3.3.3. Spamming the referral link in mailing lists, forums, or communities.
- 3.3.4. Disseminating false or misleading information about the Client or its offerings.
- 3.3.5. Damaging the Client’s reputation or goodwill.
- 3.3.6. Incurring obligations for the Client towards non-clients.
- 3.3.7. Advertising the Client on prohibited platforms promoting violence, discrimination, illicit content, or pornography.
- 3.3.8. Referring themselves or affiliated entities as Clients.
- 3.3.9. Selling Services at prices below those listed on the Client’s Website.
- 3.3.10. Claiming Services as their own development or concealing the Client’s ownership.
- 3.3.11. Providing Services to Clients engaged in unlawful activities.
4. CLIENT’S RIGHTS AND OBLIGATIONS
4.1. The Client shall have the right to:
- 4.1.1. Monitor the Partner’s performance under this Agreement.
- 4.1.2. Unilaterally terminate this Agreement.
- 4.1.3. Block the Partner’s Account and any accrued compensation for breaches.
- 4.1.4. Exercise any other rights under this Agreement or applicable law.
4.2. The Client shall be obliged to:
- 4.2.1. Timely pay compensation to the Partner as specified herein.
- 4.2.2. Provide the Partner with instructions and recommendations as needed.
- 4.2.3. Comply with the terms of this Agreement, except for obligations excused by force majeure.
5. CLIENT ASSIGNMENT CONDITIONS
5.1. Clients are automatically assigned to the Partner when they register via the Partner’s referral link or by email registration in the Partner’s Account.
5.2. A Client cannot be assigned to more than one Partner simultaneously.
5.3. The Partner may self-pay for a Plan in their Account, and compensation will be automatically credited.
5.4. Multiple Clients’ Plans may be paid simultaneously within the Partner’s Account.
6. COMPENSATION AND SETTLEMENTS
6.1. The Client shall pay the Partner 20% of the referred Client’s payment amount for the entire duration of service usage. The minimum withdrawal amount is USD 50.
6.2. The Partner shall not be reimbursed for costs incurred from third-party services or software.
6.3. Compensation is withdrawn upon the Partner’s request or by clicking the “Withdraw” button between the 1st and 10th of the following month.
6.4. For individual Partners, the Client acts as a tax agent and withholds taxes as required by Ukrainian law.
6.5. The Client deducts any bank or payment system fees from the compensation payouts.
6.6.1. A minimum of two paid Accounts is required to initiate a withdrawal.
6.6.2. Withdrawal is also possible with one Client and three paid numbers, provided the Partner is confirmed as a CRM representative or developer.
7. CONFIDENTIALITY
7.1. The confidentiality provisions of the Partnership Program fully align with the Client’s Privacy Policy.
7.2. The Partner shall ensure that any third parties to whom confidential information is disclosed maintain its secrecy and do not disclose it.
7.3. The exclusive rights to any confidential information obtained by the Partner under this Agreement belong to the Client.
7.4. The Parties agree to avoid conflicts of interest and to promptly notify each other of any potential conflicts.
8. LIABILITY AND LIMITATIONS
8.1. The Client shall not be liable for any damage or interruptions caused by third-party content, software errors, technical failures, or unreliable Internet connectivity.
8.2. Under no circumstances shall the Client be liable for any actions or omissions of the Partner or third parties.
9. DISPUTE RESOLUTION
9.1. All disputes arising out of or relating to this Agreement shall be resolved through negotiations.
9.2. If the Parties cannot resolve a dispute through negotiations, it shall be submitted to the courts of Ukraine in accordance with applicable jurisdiction.
9.3. This Agreement shall be governed by the substantive laws of Ukraine.
10. TERM OF THE AGREEMENT
10.1. This Agreement shall commence upon the Client’s acceptance of the Partner’s registration application and shall continue until either Party provides notice of termination.
10.2. This Agreement shall automatically terminate if the Client or the Partner terminates it or if the Partner’s Account is blocked. Upon termination, the Partner must remove all advertising and coupon codes.
11. FINAL PROVISIONS
11.1. The Client reserves the right to modify the terms of this Agreement at any time without stating reasons, by notifying the Partner via email at least 5 days prior to the changes taking effect.
11.2. If the Partner does not object in writing within 5 days of notification, the modifications shall be deemed accepted.
11.3. Any objection to the changes shall constitute termination of this Agreement.