Partner Terms & Conditions

Introduction

This Partner Program (“Contract”) is designed to outline the terms and conditions for participating in the FIRSTBIT SMART SOLUTIONS L.L.C Partner Program (“Partner Program”). This Contract is a legal agreement between you or the company you represent (“Partner”, You” or “Your”) and FIRSTBIT SMART SOLUTIONS L.L.C. By accepting electronically (clicking “I Agree”), installing, accessing or using the Services, you agree to these terms and conditions as updated or amended from time to time in FIRSTBIT SMART SOLUTIONS L.L.C’s discretion, which are incorporated into this Contract by reference. If you do not agree to this Contract, then you shall not use the Services.

FIRSTBIT SMART SOLUTIONS L.L.C may update or improve this Contract from time to time in its sole discretion. All updates and improvements to this Contract will be published on FIRSTBIT SMART SOLUTIONS L.L.C’s website, and notice of relevant material updates and improvement to this Contract will be communicated to you via email, at the email address on record.

To maintain your Partner status, you must add at least one paid client subscription (not including the FIRSTBIT SMART SOLUTIONS L.L.C subscription provided for your internal use as part of the Partner Program) to your Partner Account within 90 days of acceptance into this Partner Program.

Partner Program Prerequisites

Prior to becoming a Partner, you must:
  • Fill out a Partner Application Form on FIRSTBIT SMART SOLUTIONS L.L.C Website
  • Have at least 1 staff member committed to complete FIRSTBIT SMART SOLUTIONS L.L.C certified partner training within 30 days

(together, the Partner Program Prerequisites).

FIRSTBIT SMART SOLUTIONS L.L.C will decide whether you are eligible to the Program once the Partner Program Prerequisites above have been completed. FIRSTBIT SMART SOLUTIONS L.L.C reserves the right to accept or decline any company or individual as a FIRSTBIT SMART SOLUTIONS L.L.C Partner regardless of whether the Partner Program Prerequisites have been met, for example if FIRSTBIT SMART SOLUTIONS L.L.C decides that you will not be able to meet the Ongoing Requirements set out below.

Assignment

Your assignment as a “Partner” for one or more FIRSTBIT SMART SOLUTIONS L.L.C Services that are designated to you by a FIRSTBIT SMART SOLUTIONS L.L.C partner representative (“FIRSTBIT SMART SOLUTIONS L.L.C Service”) will be subject to review of the information provided by you during sign up and will be at FIRSTBIT SMART SOLUTIONS L.L.C’s sole and absolute discretion.

Prospective Customer Registration

Upon appointment, an account will be created for you in the FIRSTBIT SMART SOLUTIONS L.L.C internal partner system for the purpose of registering prospective customers and for the purpose of managing the Partner fees earned by you through this Partner Program. In addition, you can also register prospective customers by sending an email to partner- [email protected] with the required details.

You shall register a person as a prospective customer only if you reasonably believe that such person is interested in using the FIRSTBIT SMART SOLUTIONS L.L.C Service and will benefit from using it. You shall not abuse the prospective customer registration process through a masse registration. Registration of prospective customers will be subject to review by FIRSTBIT SMART SOLUTIONS L.L.C.

Payment of Partner Fee

Partner Fee will accrue only upon completion of thirty (30) days from the date of purchase of the paid subscription plan by the customer. You will not be entitled to Partner Fee in case the customer cancels the subscription and claims a refund of the subscription fee. You will be responsible for payment of all taxes, duties, and charges levied on the Partner Fee, and you shall indemnify, defend and hold FIRSTBIT SMART SOLUTIONS L.L.C harmless from and against any claims arising out or relating to non-payment of applicable taxes, duties, and charges.

Partner Conduct

You agree to conduct yourself in a responsible, professional, and appropriate manner while dealing with prospective customers. You also agree not to make any representation or warranty with respect to the FIRSTBIT SMART SOLUTIONS L.L.C Services to the prospective customers other than those representations and warranties contained in the FIRSTBIT SMART SOLUTIONS L.L.C Terms of Use.

Sanctions and Export Control

FIRSTBIT SMART SOLUTIONS L.L.C does not provide Services to individuals, entities, organizations, or jurisdictions subject to sanctions, restrictions, embargoes, or similar measures administered by the United Nations, the United Arab Emirates, the United States Department of the Treasury’s Office of Foreign Assets Control (“OFAC”), the European Union, the United Kingdom, or any other applicable sanctions authority (“Sanctions Laws”).

You shall not access, use, export, re-export, transfer, distribute, make available, or permit the use of the Services, directly or indirectly:
  • in violation of any applicable Sanctions Laws, export control laws, or trade restrictions; or
  • in any manner that could cause FIRSTBIT SMART SOLUTIONS L.L.C, its affiliates, employees, service providers, or business partners to violate applicable Sanctions Laws or export control regulations.

If you have any questions, kindly contact us at [email protected]

Term and Termination

This Contract will commence as of the date you receive an email from FIRSTBIT SMART SOLUTIONS L.L.C confirming your appointment as a “Partner” and shall continue until terminated by either party in accordance with the provisions contained in this Contract.

Termination without Cause: Either party may terminate this Contract at any time, for any reason, by giving thirty (30) days’ notice through email.

Termination for Cause: Your failure to comply with any of the terms of this Contract may result in a warning or immediate termination of this Contract by FIRSTBIT SMART SOLUTIONS L.L.C.

Termination for Discontinuation of the Partner Program: FIRSTBIT SMART SOLUTIONS L.L.C reserves the right to discontinue the Partner Program. In the event FIRSTBIT SMART SOLUTIONS L.L.C decides to discontinue the Partner Program, you will be provided with thirty (30) days’ notice through email.

Effect of Termination

In the event of termination of this Contract without Cause by you or for Cause by FIRSTBIT SMART SOLUTIONS L.L.C, FIRSTBIT SMART SOLUTIONS L.L.C will pay you any outstanding Partner Fee accrued as of the date of such termination.

In the event of termination of this Contract without cause by FIRSTBIT SMART SOLUTIONS L.L.C or discontinuation of the Partner Program, you will continue to receive Partner Fee for all Eligible Transactions for a period of one year in respect of all customers who have converted to a paid subscription plan before the end of the thirty-day notice period.

Except as specifically stated above, termination of the Contract will end all rights and responsibilities of both parties set out in this Contract, any email communication or any web page relating to the Partner Program. You must immediately remove all references to FIRSTBIT SMART SOLUTIONS L.L.C from your website, including any FIRSTBIT SMART SOLUTIONS L.L.C Sign-up Box embedded in your website.

Disclaimers

THE PARTNER PROGRAM AND THE FIRSTBIT SMART SOLUTIONS L.L.C SERVICES ARE PROVIDED “AS IS”. FIRSTBIT SMART SOLUTIONS L.L.C DOES NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE WITH RESPECT TO THE PARTNER PROGRAM OR THE FIRSTBIT SMART SOLUTIONS L.L.C SERVICES. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, FIRSTBIT SMART SOLUTIONS L.L.C DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE PARTNER PROGRAM AND THE FIRSTBIT SMART SOLUTIONS L.L.C SERVICES INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, QUIET ENJOYMENT, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. FIRSTBIT SMART SOLUTIONS L.L.C WILL NOT BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH TERMINATION OF THIS CONTRACT OR YOUR PARTICIPATION IN THE PARTNER PROGRAM.

Limitation of Liability

FIRSTBIT SMART SOLUTIONS L.L.C WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION ARISING OUT OF THIS CONTRACT OR FOR ANY CLAIM BY ANY OTHER PARTY EVEN IF FIRSTBIT SMART SOLUTIONS L.L.C HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FIRSTBIT SMART SOLUTIONS L.L.C’S ENTIRE LIABILITY WITH RESPECT TO THIS CONTRACT AND THE PARTNER PROGRAM UNDER THIS CONTRACT SHALL NOT EXCEED THE PARTNER FEE PAID OR PAYABLE TO YOU UNDER THIS CONTRACT.

Changes to the Terms of this Contract

You understand that FIRSTBIT SMART SOLUTIONS L.L.C may modify the terms of this Contract from time to time. However, you will be provided notice of such changes through an announcement or by electronic mail. Upon being informed of such changes, you may either terminate this Contract within fifteen days and cease participating in the Partner Program or accept the changes and continue to participate in the Partner Program. Your continued participation in the Partner Program after fifteen days from the date of notice of any such changes shall constitute your consent to such changes.

Relationship of Parties

The relationship between you and FIRSTBIT SMART SOLUTIONS L.L.C is non-exclusive. This Contract shall not be construed as creating a partnership, joint venture, agency or any other relationship. You are not authorized to enter into any contract or to assume any obligation on behalf of FIRSTBIT SMART SOLUTIONS L.L.C. Neither is FIRSTBIT SMART SOLUTIONS L.L.C authorized to enter into any contract or to assume any obligation on your behalf.

General

This Contract shall be construed, interpreted and governed by the laws of the UAE exclusive of its conflict of law provisions. Any dispute arising out of this Contract will be subject to the exclusive jurisdiction of courts of Dubai. This Contract constitutes the entire Contract between You and FIRSTBIT SMART SOLUTIONS L.L.C, and supersedes all prior communications, understandings and Contracts. You may not assign this Contract, by operation of law or otherwise, without FIRSTBIT SMART SOLUTIONS L.L.C’s prior written consent. You agree not to register any trademarks that are confusingly similar to FIRSTBIT SMART SOLUTIONS L.L.C’s trademarks. Similarly, you agree not to register or use any internet domain names that are confusingly similar to FIRSTBIT SMART SOLUTIONS L.L.C’s trademarks. FIRSTBIT SMART SOLUTIONS L.L.C’s failure to enforce your strict performance of any provision of this Contract will not constitute a waiver of FIRSTBIT SMART SOLUTIONS L.L.C’s right to enforce such provision or any other provision of this Contract subsequently. If any part of this Contract is found invalid or unenforceable, the remainder shall be interpreted so as to reasonably effect the intention of both parties.