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ScreenCloud Affiliate Program Terms and Conditions
Effective as of August 2022
1.1. ‘Affiliate’ refers to the above stated Company which agrees to take part in the Affiliate Program.
1.2. "this Agreement" means the contents of this contract between ScreenCloud and the Affiliate in respect of the Program.
1.3. ‘ScreenCloud’ refers to ScreenCloud Inc. whose registered office is at 4470 W Sunset Blvd #92737, Los Angeles, CA 90027.
1.4. 'the Site' means the https://screencloud.com website.
1.5. 'the Affiliate Program' means the arrangement that is governed by this Agreement.
1.6. ‘Referral Prospect(s)’ means any company or organization that is referred by Affiliate
2. The Affiliate Program
2.1. ScreenCloud reserves the right to amend or cancel the program at any time.
2.2. Upon completion of the signed agreement, ScreenCloud will provide Affiliate access to an Affiliate portal for managing referrals and other communications, revisions and or changes to the terms of our Affiliate program.
2.3. Affiliate agrees and acknowledges that participation in the ScreenCloud Affiliate program does not entitle the Affiliate to represent themself as an agent, partner, reseller or any other form of associate of ScreenCloud other than as a Affiliate as expressly provided for in this Agreement.
3. Suitability for the ScreenCloud Affiliate Program
3.1. ScreenCloud reserves the right to terminate this Agreement and your Affiliate status at any time if in our opinion, we believe that our customers or our brand may be at risk.
3.2. In particular ScreenCloud may terminate the agreement if in our sole judgement ScreenCloud believes that Affiliate promotes the sorts of things ScreenCloud thinks are not ethical or legal which may include but are not limited to:
3.2.1. discriminatory, sexually explicit or violent material, or
3.2.2. promotion, depiction or containing links to material that promote or depict discrimination based on race, gender, religion, national origin, physical or mental disability, sexual orientation, or age, or
3.2.3. containing unlawful material, this shall include but not be limited to materials that may possibly violate another's intellectual property rights, or
3.2.4. containing information regarding, promoting or linking to a site that provides illegal information or promotes illegal activity.
4. The Procedure
4.1. If, having submitted your application to be an Affiliate, ScreenCloud approves you, Affiliate will be granted access to ScreenCloud’s Partner Portal where Affiliate:
4.1.1. Will be permitted to submit Referral Prospects
4.1.2. Check the status of Referred Prospects
4.1.3. View and manage payments
4.2. Affiliate will submit Referral Prospect(s) to ScreenCloud using the Partner Portal,
4.3. After submission, A ScreenCloud Sales Associate will exercise their best commercial efforts to:
4.3.1. Qualify the Prospect for suitability of the use of ScreenCloud Platform
4.3.2. Propose ScreenCloud Products and services
4.3.3. Complete a sales transaction with the Referral Prospect
5. Qualifying Deals
5.1. Affiliate will be eligible to earn 15% commission on qualifying business subject to meeting the following eligibility criteria:
5.1.1 Deal is a recognised ScreenCloud Annual Subscription Software Plan Licences
5.1.2 Deal is net-new business initial order
5.1.3 Deal is successfully closed within 90 days of a referral
5.2. The following types of business will NOT be eligible for commission payments:
5.2.1. ScreenCloud Monthly Subscription Software Plan Licences
5.2.2. Screencloud Renewals
5.2.3. ScreenCloud Hardware
5.2.4. ScreenCloud Training & Professional Services
5.2.5. ScreenCloud Custom Development
5.2.6. 3rd Party hardware, software, or services sold by ScreenCloud to the Referral Prospect
5.2.7. Affiliate purchase for own internal use or for resale
6. Payments to Affiliate
6.1. ScreenCloud will issue payment to the Affiliate 90 days after the initial date of sale.
6.2. Commission will be paid through the payment mechanism selected by the Affiliate in the Partner Portal. It is the Affiliate’s sole responsibility to ensure that their payment and contact details on the Partner Portal are kept up to date and accurate.
6.3. ScreenCloud reserves the right to change the rate of commission payable to the Affiliate. In the event of a commission rate change, ScreenCloud shall notify Affiliate beforehand, such notice to be published in the Partner Portal and/or by other electronic means.
6.4. If Affiliate terminates this Agreement for any reason whatsoever then it shall not be entitled to any commission payments earned after it has terminated this Agreement.
6.5. The Affiliate's continuing participation in the program constitutes its acceptance of any change to the commission rate or to any other part of this Agreement.
7. ScreenCloud's Obligations
7.1. ScreenCloud agrees to undertake the following obligations:
7.1.1.provide all information necessary to allow the Affiliate to submit Referral Prospects.
7.1.2. processing all orders for ScreenCloud products placed by Referral Prospect.
7.1.3.tracking the number and amount of relevant sales generated
7.1.4. providing information to Affiliate regarding commission payments
7.1.5. credit card authorizations, payment processing, cancellations, returns, and all other related customer service for ScreenCloud for the purpose of our business, and
7.1.6. establishing the earned commissions on qualifying deals as specified in Section 5.1 of this Agreement.
8. The Affiliate's Obligations
8.1.The Affiliate agrees to be solely responsible for the following and shall keep ScreenCloud fully indemnified with respect to:
8.2. the content of the Affiliate's site or any site that they may be connected to,
8.3. any misrepresentation of ScreenCloud or its products or services,
8.4. making of any false claims, representations or warranties in connection with ScreenCloud,
8.5. ensuring that your site and your products and services that you offer from your site comply with all applicable copyright, trademark, any intellectual property right, Data Protection, anti-spam or any other applicable law,
8.6. obtaining permission to use another party's copyrighted or any other proprietary material,
8.7. the development, operation and maintenance of the Affiliate's site and for all materials that appear on it. For the purposes of this Agreement this shall include but not be limited to, the technical operation of your site and all related equipment; the accuracy and propriety of materials posted on your site; and ensuring that materials posted on your websites do not violate or infringe upon the rights of any third party and are not libellous or otherwise unlawful or illegal. ScreenCloud hereby disclaim all liability for all such matters,
8.8. Affiliates also agree to indemnify and hold harmless ScreenCloud and their directors, officers, employees, agents, shareholders, partners, members and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, expenses, and costs insofar as such arise out of or are based on, or in any way connected with this Agreement.
8.9.complying with all applicable laws .
8.10. the payment of all tax and national insurance payable on any payments made to you by ScreenCloud.
9. Right to Name as a Reference Customer
9.1. Affiliate will not create, publish, distribute, or permit any written or graphical material that makes reference to ScreenCloud other than those mentioned in this Agreement or otherwise provided by ScreenCloud, without our prior written consent. ScreenCloud reserves the right to refuse any request for consent under this Agreement.
10. Terms of the agreement
10.1. The terms of this Agreement will begin upon the effective date of this agreement and will end when your Affiliate account is terminated.
10.2. Upon the termination of this Agreement any commission that has not yet reached will be forfeited.
11.1. ScreenCloud reserves the right to modify or otherwise change the terms of this Agreement at any time as it sees fit.
11.1.1. ScreenCloud shall make such modifications by way of publishing revised terms on the Site.
11.1.2. Affiliates only remedy in the event of revised terms of this Agreement being published shall be to terminate this Agreement.
11.1.3.An Affiliate shall be deemed to have accepted any modification to this Agreement as published from time to time.
12. Limitation of Liability
12.1. ScreenCloud shall not be liable to the Affiliate or to any other person, for indirect, incidental, or special damages, lost profits, loss of goodwill, lost savings, or any other form of consequential damages, regardless of the form of action, even if ScreenCloud has been advised of the possibility of such damages, whether resulting from breach of its obligations under this Agreement or otherwise.
12.2. ScreenCloud's entire liability in respect of any liability arising under this agreement will not exceed the total commission fees paid or payable to the Affiliate under this Agreement.
12.3. ScreenCloud makes no warranties, either express or implied, concerning the performance or functionality of the ScreenCloud services, or the program as a whole. This includes but is not limited to the Link or any other Affiliate advertisements and hereby expressly disclaims all implied warranties, including warranties of merchantability or fitness for a particular use or purpose.
12.4. ScreenCloud shall under no circumstances be liable to the Affiliate or to any other person or entity for any loss, injury, or damage, of whatever kind, resulting from or arising out of any mistakes, errors, omissions, delays, or interruptions in the receipt, transmission, or storage of any messages or information arising out of or in connection with the program or ScreenCloud.
13. Governing Law
13.1. This Agreement is governed by, and is construed in accordance with the laws of the State of California.
13.2. The Courts of California shall have jurisdiction to hear any disputes arising from this Agreement.
13.3. Affiliates are solely responsible for the legality of the use of the service
14.1. By accepting the below, the Affiliate acknowledges that they have read the terms and conditions of this Agreement, understand them and agree to be bound by them.