Premium Partner Program Terms & conditions

Last updated 11/10/2021

Demio is now part of Banzai. The Demio Premium Partner Program will apply to Demio Premium, Growth and Starter packages. 

Premium Partner Program Terms

These Demio Premium Partner Program Terms (the “Terms”) create a binding agreement between you and Banzai International Inc. and its affiliates (“Banzai”, “Demio”, “us”, “our”, or “we”). By participating in our Program, you agree to these Terms. Additionally, in doing so you further agree to Demio’s Terms of Service and Privacy Policy, which is hereby incorporated through reference as if fully set forth herein. To the extent any capitalized terms used in these Terms are not defined herein, such terms shall have the meaning set forth in the Privacy Policy.

Who is eligible:

Companies, individuals, or groups/associations (“Partners” or “you”), that understand Banzai’s value and would like to receive compensation for referrals. To become a Partner, you will need to submit an application and accept Banzai’s Terms. Banzai can accept or deny your application, at its own discretion.

To qualify for Demio Premium Partner program, you should have:

  • HubSpot Partner Program certification or Marketing Agency working with HubSpot customers
  • At least 5+ active customers within the HubSpot ecosystem
  • Build, manage, maintain or consult on webinar campaigns for customers
  • Enroll 1-2 new customers a month to your agency
  • Track record of over-delivering for customers! We are obsessed with delivering great experiences and we want to work with like-minded teams.

 

How it works:

In the event that you refer an individual, company or corporation (a “Potential Purchaser”) to Banzai, and the Potential Purchaser ultimately makes an Eligible Purchase (as defined below) from Banzai (making them a “Customer”), you will receive a Premium Partner referral as detailed below, exclusive of taxes and fees (the “Commission”).

Qualified referral:

Your referral will be valid and qualified for compensation if: a) you submitted the complete information requested by Banzai; and b) it’s not already part of Banzai’s database.

Eligible Purchase:

Any direct purchase of Demio, by a customer who has been referred by you (“Qualified referral”). For the purposes of this Agreement, an “Eligible Purchase” shall include any direct purchase made on Demio, by a customer who has accessed the Demio platform through clicking on a unique referral link provided to you, by us (the “Unique Link”), and any purchase initiated by you in the name of your client by reaching out directly to us, and providing all the necessary details for a purchase to be finalized.

Commission:

You will earn a commission once your qualified referral was converted to a Premium customer (sales order signed by both parties). You will receive a Commission for new customer’s first order and also for further renewals, expansions, and upgrades (without interruption), as long as you keep your Partner status and as long as the Demio Premium Partner Program remains active.

Any revenue generated from an Eligible Purchase which has originated from a referral you have directed to Demio, shall result in the payment of a Commission to you in an amount equal to 30% of the revenue generated by a Starter Plan or Growth Plan, and in an amount of 10% of the revenue generated by a Premium Plan.

Any mention of lifetime commission refers to the commission structure laid out above, for all customer’s first order and also for further renewals, expansions, and upgrades (without interruption), as long as you keep your Partner status and as long as the Demio Premium Partner Program remains active.

Exclusions:

You shall not be entitled to a Commission for any purchase that you make for your own business or for a business where you are an employee and Banzai reserves the right to review any fraudulent transactions and revise the final payouts to you as deemed appropriate.

Free Demio Premium Account:

Once accepted into the program, you will be eligible for a one-year free Premium Plan account. This account will be set up once you provide the required details. Each year, we’ll renew that account for you if you have a minimum of two active Premium Plan customers at the renewal date.


Rules of Participation

Payments and Taxes

Currency:

Any Commissions will be made in US Dollars.

Payment method:
Any Commissions payment will be made through PayPal. As such, it is your sole responsibility to ensure proper setup and sufficient access to a PayPal account in order to receive any Commissions which may become due and owing to you.  You hereby acknowledge and agree that you will comply with any and all applicable laws and regulations with respect to your use of your PayPal account in order to receive said Commissions, and you hereby agree that you shall refrain from participating in the Demio Premium Partner Program in the event that you are located in a country or jurisdiction where such use of the PayPal app is banned or otherwise prohibited. You acknowledge and agree that Banzai will require certain information (such as, for example, your bank account number or PayPal ID) in order to process your Commission payment.

Taxes:

You further acknowledge and agree that Banzai may require you to complete a Form W-9 and provide additional tax information before processing a Commission payment.  You hereby consent and agree to comply with any and all applicable tax laws governing any payments contemplated hereunder, and you hereby acknowledge, understand, and agree that it is your sole responsibility to file and pay any taxes or fees which may come due and owing as a result of receipt of such Commissions from Banzai.

Payment processing:

The Commissions will be paid on a rolling basis each month for the revenue generated which has resulted from Eligible Purchases which took place during the previous calendar month. On the 1st and 15th per month (excluding weekends and holidays), you will receive a PayPal transfer for the Commission earned, less any taxes which Banzai may be required by law to withhold from the final payment to you (if applicable).

Disputes and refunds:

In the event that a referred customer receives a refund or disputes a charge which generated a Commission, you will see a deduction for the such corresponding Commission from any payment received the following month; in the event that there is no subsequent payment due to you for that following month, you will receive an invoice for said Commission which shall be payable within sixty (60) days of your receipt of the invoice. Any and all determinations of what constitutes an Eligible Purchase and whether or not a Commission is payable, shall be made by Banzai, and will be final and binding.

Overpayment:

In the event that any overpayment in Commissions is made by us, you hereby agree to promptly remit such excess payment upon notification by us. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.

We reserve the right to postpone the date of a payout for an individual Partner, to the next scheduled payout, if the Partner doesn't have future commissions that provide enough balance to cover adjustments to commissions due to unforeseen circumstances (ex. an extraordinary refund).


Restricted Use of Links and License Materials

You hereby agree that you will use only logos, trade names, trademarks, graphic images and similar identifying material (“Licensed Materials”) that have been provided to you by Banzai and as instructed by Banzai.

For the avoidance of doubt, the right to access our website through the Unique Links shall be used solely for the purpose of this program. The Unique Links provided serve to identify your website as a member of our Premium Partner Program and will establish a link from a website to the Demio platform. All Unique Links that you will be permitted to use will be selected by us and provided to you directly from Banzai / Demio. You hereby agree that you will display on your website or advertisements containing the Unique Links only Licensed Materials that have been provided to you by Banzai / Demio through the Program.

 In participating in our Program, we will thereby grant you a limited, nonexclusive, non-transferable, revocable right to use our Licensed Materials solely in accordance with the terms of this Agreement, only as provided to you by us, and solely for the purpose of assisting in generating Commissions. 

You hereby acknowledge and agree that this Agreement does not provide you with any intellectual property rights in the Licensed Materials other than the limited rights specified herein. We reserve all of our rights in the Licensed Materials and in all of our other proprietary and intellectual property rights. You may not sublicense, assign or transfer any such licenses for the use of the Licensed Materials, and any attempt to sublicense, assign or transfer such Licensed Materials shall be void. We may terminate your license to use the Licensed Materials for any reason, at any time in our sole and absolute discretion. We may revoke your license at any time without any provision of notice.

Banzai protects its trademarks and does not allow any trademark bidding on any search engine or Paid Placement service or site. This includes, but is not limited to Google, Yahoo, Bing!, Ask and other similar services. Partners may not bid on the word “Banzai” or any misspelling, variation or combination thereof, and any word related to Banzai’s products (including “Demio”). Any Partner found to be in violation of the foregoing may be banned from the Program without prior notice.

Restricted Keyword List (but not limited to):

Banzai; Demio; About Banzai; About Demio; Banzai Pricing; Demio Pricing; Banzai Trial; Demio Trial.

No Joint-Venture or Other Relationship

Nothing in these Terms shall be deemed to create a partnership, joint venture, agency relationship, or employment relationship between you and Banzai. You will not carry a sales quota to qualify for commissions. You acknowledge and agree that you are fully and solely responsible for any and all federal, state, local, and/or foreign income taxes and self-employment taxes, and any and all other federal, state, and local licensees, fees or taxes, or sales tax, including withholding taxes, social security taxes, and public liability and workers’ compensation insurance, required as a result of your participation in the Promotion. Under no circumstances will Banzai be held liable for any actions or results of the Partner.

Appropriate Communication

In order to participate in the Referral Program, you must adhere to all applicable rules and regulations (including, without limitation, FTC guidelines) when promoting our products and services, at all times.  Additionally, you must follow these rules when approved for this Partner Program, at all times, and the failure to do so may result in you being terminated from the Partner Program and the forfeiture of any outstanding Commissions. In the event that any communication you transmit in the course of a Promotion is deemed inappropriate by Banzai, which shall be determined in Banzai’s sole discretion, Banzai reserves the right to suspend, block, or otherwise terminate your access to participating in the Program.

The following communications include, but are not limited to, those which may be deemed to be inappropriate by Banzai:

  • communications that discriminate, or encourage discrimination, on any grounds, including without limitation race, national origin, gender, gender identity, sexual orientation, age, or disability;
  • communications which contain sexually explicit or violent material, or which encourage violent or abusive conduct;
  • communications that contain defamatory conduct, or which violate a third party’s intellectual property rights or otherwise damage Banzai or any other third party;
  • communications which constitute unsolicited contact with prospective customers (including, without limitation, any communication that violates the Do-Not-Call Implementation Act of 2003 or the Controlling the Assault of Non-Solicited Pornography and Marketing (“CANSPAM”) Act of 2003; or
  • communications that are unlawful or which encourage unlawful conduct.

Banned/Prohibited Conduct

As a Partner of Banzai, you are explicitly prohibited from partaking in any of the following conduct, and shall never be permitted to:

  • Install spyware on another person's computer; cause spyware to be installed on another person's computer, or use a context-based triggering mechanism to display an advertisement that partially or wholly covers or obscures paid advertising other content on a website in a way that interferes with a person's ability to view that website.
  • Display any material on a website containing viruses, Trojan horses, worms, time bombs, cancel bots or other similar harmful or deleterious programming routines.
  • Attempt to modify or alter the Banzai platform or any related website in any way.
  • Make any representations, either express or implied, or create an appearance that a visitor to your website is visiting our website, e.g., “framing” or “wrapping” the website in any manner without first obtaining in advance our express written permission. Such requests must be made in writing and sent to brands.
  • “Scrape” or “spider” the website or any other related websites for content (such as images, logos or text).
  • Offer (i) any incentives in the form of, described as, or resulting in, discounting of any products or services of Banzai; or (ii) any other incentives in the form of rebates, deposits, cash-back or other types of monetary incentives relating to the products or services of Banzai. Such incentives are strictly prohibited and are grounds for immediate termination and forfeiture of any earned commissions. Notwithstanding the foregoing, Partner may offer bonuses, “bundles” or discounts on products or services ordinarily offered by Partner as incentives to purchasers of Banzai's products and services. For example, a Partner may offer discounts on Partner’'s training programs in connection with the promotion of Banzai’s products and services.
  • Unless explicitly authorized in writing, use of the Banzai’s domains and/or URLs (including, but not limited to banzai.io; getbanzai.com and www.demio.com) as the display domain or URL in the advertisement. When engaging in paid search engine campaigns, Partner must use their own domain and/or URL in their ads.
  • Send Spam of any kind. Sending fake traffic though platforms like Traffic Monsoon, Ad Fly, any of these types of “cheap traffic sources” are considered spam traffic and you will be banned from being an Partner with Banzai.
  • Use negative words such as “scam” in any promotional campaign.
  • Misrepresent the product/offer or add any false information about competing products. You must follow any endorsement rules and regulations that are applicable both in the country where you are based and in the countries from which you are sending website traffic or advertising in.
  • Apply to the Referral Program and gift or sell this account to another individual or business outside of the applicable business. Any business changes may be subject to authorized review by Banzai otherwise existing and future commissions and payouts for  that account could be denied. Accounts are authorized for a single business entity.
  • Use link stuffing or any other method which may negatively impact the SEO of Banzai.
  • Purchase or bid on branded/competitive key words.
  • Partake in or use any method, program, process, or procedure in order to acquire or otherwise divert organic customers or leads from Banzai.

LIMITATION OF LIABILITY

In no event shall Banzai be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to any Promotion or these Terms. Nothing contained in these Terms or in any written or oral communications from Banzai or its employees or agents shall be construed to make any promise, covenant, warranty, or guaranty, all of which are explicitly disclaimed hereby, contrary to the statements and disclaimers contained in this paragraph.

TO THE GREATEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL BANZAI HAVE ANY LIABILITY, CONTINGENT OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES IN ANY WAY ARISING OUT OF OR RELATING TO THESE TERMS OR ANY PROMOTION, EVEN IF BANZAI HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, STATUTE, INDEMNITY OR OTHERWISE) UPON WHICH SUCH LIABILITY IS BASED.

In the event that any of the foregoing limitations are deemed to be unenforceable, to the greatest extent permitted by law, you agree that the entire aggregate liability of Banzai and sole remedy available to you in any case in any way arising out of or relating to the Agreement, websites or the Service shall be limited to monetary damages that in the aggregate may not exceed $500.00 (five hundred dollars).

INDEMNIFICATION

You hereby agree to fully indemnify and hold Banzai, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, arising out of or related to a breach of these Terms or any activity by you, related to or arising from one or more Promotions.

In addition, you hereby agree to be bound to act in compliance with all applicable federal, state and local laws and regulations, including without limitation, the CAN-SPAM Act of 2003 (“CAN-SPAM”) and the Children's Online Privacy and Protection Act of 1998 (“COPPA”). You shall protect, defend, indemnify and hold harmless us and any of our parent and related entities from and against any claims, actions, liabilities, losses, damages, costs or expenses, including without limitation, attorneys' fees and costs of litigation, even if such claims are groundless, fraudulent or false, incurred by us arising out of any content or activity by you or on your website or resulting from or in connection with your violation of any of the terms or prohibitions contained in this Agreement or any law, rule or regulation, including without limitation, claims for violations of third party intellectual property rights, data protection rights and rights of privacy, including but not limited to CAN-SPAM, COPPA and GDPR.

Modification of These Terms

We may modify any of the terms specified in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on our website, and may do so without providing notice to you. Modifications may include, for example, changes in the amounts or applicability of available Commissions, payment procedures, and other general referral program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR WEBSITE OR SENDING YOU THE CHANGE NOTICE WILL CONSTITUTE YOUR BINDING ACCEPTANCE OF THE CHANGE, REGARDLESS OF WHETHER OR NOT YOU RECEIVED NOTICE OF THE SAME.

Term and Termination

The term of this Agreement will be 12 months commencing on the application acceptance by Banzai and will automatically renew for month-to-month terms. However, either you or Banzai may terminate this Agreement at any time for any reason or no reason, with or without cause.

In case of termination with cause (violation of program terms), the partner will be removed from the program immediately, and all future eligible commissions will be canceled by Banzai.

In case of Program or product discontinuation, Banzai reserves the right to, at its sole discretion, stop any future commission payments (including renewals, upgrades, and expansions). In this case, Banzai shall provide at least thirty (30) days prior written notice.

Choice of Law

THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF WASHINGTON AND THE OBLIGATIONS, RIGHTS AND REMEDIES OF THE PARTIES HEREUNDER SHALL BE DETERMINED IN ACCORDANCE WITH SUCH LAWS.  Any dispute arising hereunder, or related to the terms hereof, will be brought exclusively in the state or federal courts located in the State of WASHINGTON.

If you have any questions about any specific terms, please contact partners@demio.com.

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