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Affiliate Terms and Conditions

Last updated March 27, 2023

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Aloware Affiliate & Lead Referral Partner Agreement & ToS V2.0509

Aloware’s Affiliate & Lead Referral Program is designed for marketers and system integrators within the CCaaS (Contact Center as a Service) industry who have a strong and reputable presence in our target audience. Our partners create and share content about Aloware, and promote the use of our contact center software and its integrations with HubSpot, Pipedrive, and Zoho. When a partner identifies a qualified sales opportunity, they hand off the lead to Aloware’s sales team for follow-up, demos, and closing. Partners are generously compensated with a percentage of the resulting recurring revenue as long as the account remains with Aloware.

If you’re interested in joining our affiliate program, please visit this link on PartnerStack.

This Affiliate & Lead Referral Partner Agreement (this “Agreement”) is agreed to by and between Aloware Inc. (the “Company”, “Aloware”), and referring organization (“Affiliate Partner” “Lead Referral Partner” also known as “Partner”).

  1. Purpose. This agreement sets forth Aloware’s program guidelines as well as basic terms and conditions under which the Affiliate or Lead Referral Partner agrees to promote Aloware’s products & services (the “Service”) to their network and refers qualified buyers (“Leads”) to Aloware to subscribe to the Service. Aloware agrees to pay the Partner a recurring referral fee based on qualified subscription revenue generated by subscribed referrals (“Referred Clients”).
  2. Marketing. Partner shall be solely responsible for the marketing, promotion, and recommendation of the Services to their audiences, prospects, and existing clients; through word of mouth, websites, blogs, social media, email newsletters, and other means, generating a qualified sales opportunity for Aloware (“Qualified Lead”). 
  3. Referral. Partner is responsible for warmly referring generated qualified sale opportunities to Aloware via warm introduction (by email) or registering them through the PartnerStack portal as discussed in Appendix A.
  4. Fees. Aloware shall pay Partner a fee solely based on Referred Client’s continued subscription payments to Aloware and utilization of the platform, as qualified under this Terms of Service and Appendix B. 
  5. Outside Agency. This Agreement does not establish a joint venture, franchise, ownership, co-ownership, employment, or other relationship except as that of an Outside Agency.
  6. Reputation. Partner’s business shall be conducted in a manner that reflects favorably at all times on Aloware’s name, brand, and reputation. Partner may make no false or misleading representation of Aloware’s products or services.
  7. Explicit Carve-outs. 
    1. No Exclusivity.  This Agreement does not grant exclusive rights to Partner to act as referrer on behalf of Aloware.
    2. Non-transferrable. Partner may not reassign this agreement to any other persons.
    3. No white label.  This agreement does not entitle the Partner to a white-labeled version of the Aloware platform. Aloware’s name shall display on the Service, invoices, and credit card charges to end-users. 
    4. No incurred expenses. Partner may not incur expenses on behalf of Aloware to perform all and any portion of this agreement. 
  8. Confidentiality. Partner shall maintain the confidentiality of any confidential information provided by Aloware, including but not limited to pricing, product plans, business strategies, cost of services, and fee structure.  
  9. Intellectual Property. This agreement does not transfer any trademark rights, goodwill rights, or intellectual property rights between the parties. Aloware trademarks, software platforms, service marks, technologies, code, and applications remain the property of Aloware Inc. 
  10. Term & Termination. This agreement shall commence on the date of execution and shall continue indefinitely unless terminated by either party with a 3-day written notice. In the event of termination by Partner, Partner will be paid for any qualifying referral until the date of termination. Partner releases Aloware of any liability at the time of termination, including current and future compensation or commission. Aloware may terminate this agreement at any time for material breach of this agreement, including failure to perform duties under this program, as determined by Aloware, and Partner’s failure to cure the breach within 15 days of written notice.
  11. Governing Law. This Contract shall be governed by and construed in accordance with the laws of the State of California.
  12. Supersession. This agreement shall supersede any and all prior verbal or written agreements between the parties.
  13. No warranties by Aloware.The working and availability of the software “Aloware” and our services are “AS-IS”. Aloware makes no warranties, except as in its terms of service, and its service level agreement.  Aloware is not, and will not be responsible for any liability that arises from the MSP or Referred Accounts’ operation of the Software. MSP warrants and confirms that proper due diligence has been done on the Software and that MSP is aware of all conditions of the product, features, and limitations.
  14. Misuse and Violations. Various Federal and State regulations regulate the communication industry. Aloware is not, and will not be responsible for any liability that arises from the MSP or Referred Accounts’ operation of the Software including TCPA, FTC, FCC, or DNC misuse of the software, or regulation violation. In the event of a government lawsuit or regulation violations, Aloware (according to its policies), will turn over any and all requested material along with the client’s addresses and identifying information. Partner is fully aware of TCPA, FTC, FCC, and DNC regulations and will not refer clients violating these laws.
  15. No-Poaching 
    a. During the term of this agreement and for a period of one (1) year thereafter, neither party shall directly or indirectly solicit, induce, recruit or attempt to solicit, induce or recruit any employee of the other party, whether for its own benefit or for the benefit of any third party, without the prior written consent of the other party.

    b. For purposes of this provision, “employee” means any individual who is employed or contracted by “Aloware” or  “Partner” , including full-time, part-time, and temporary employees, as well as independent contractors.

    c. Any violation of this non-poaching clause shall be considered a material breach of this agreement, and the non-breaching party shall be entitled to seek injunctive relief, as well as any other legal or equitable remedies available under applicable law

Appendix A – Referral Terms 

If Partner is implementing a CRM and is recommending Aloware as a phone solution along with the CRM, a warm email introduction works best to streamline the deal process. 

Otherwise, Partner will use PartnerStack to refer leads either via form submission or individual affiliate links provided via Partnerstack. 

While Partners are more than welcome to attend demo sessions and follow up with their respective leads, they are not required to do so. Aloware Sales Team will handle all leads post-submission to a successful close. 

Partner will only refer qualified leads with a genuine interest in purchasing Aloware’s products and services. Aloware is a sophisticated contact center software geared towards SMB’s and the perfect market is 5 to 100 agents (roughly 10 to 250 employees total).

Appendix B – Commission Calculation

Partners are paid a monthly recurring commission, as a percentage of Aloware’s monthly recurring subscription revenue, for their referred accounts. The fee payments are valid as long as the account stays with Aloware. 

  • Subscription only. The commission is only payable on subscription fees paid by Clients to Aloware. Any peripheral usage fees, including phone number rental fees, local presence, toll-free minutes usage, compliance fees, and automated SMS is excluded and NOT considered recurring revenue.
  • Commission Schedule.
    • For Partners referring less than $5,000 in MRR per month, 20% of generated MRR. 
    • For Partners referring $5,000 or more in MRR per month, 30% of generated MRR. 
  • Cash Received. Any compensation to Partner is subject to:
    • Successful close of new business for Aloware
    • All monies being received from end-clients referred
    • A 1-month waiting period after close
    • Presentation of a detailed referral report from Partner
    • Presentation of an invoice from Partner for the commission
    • No violation of this agreement 
  • Cancellations. Aloware currently uses month-to-month billing cycles and quarterly contracts. While Aloware strives to provide the best service possible and keep accounts on the platform, some accounts cancel their subscription with Aloware. Canceled referred accounts will seize to incur commission payments to the Partner. 
  • Chargebacks. In the event of a chargeback by a client, any paid or payable commissions are withheld from future payouts to the Partner.
    • Aloware will promptly notify Partner of any billing issues, disputes, or chargebacks via email.
    • Please note that repeated Chargebacks from Partner’s referred clients may cause cancellation of this agreement.

CONTACT US

In order to resolve a complaint regarding the Site or to receive further information regarding the use of the Site, please contact us at:

Aloware, Inc.

16060 Ventura Blvd
Suite 110, P 209
Encino, CA 91436
Phone: (855) 256 – 2001
Email: legal@aloware.com