Partner Program Terms
1. About these terms
These Partner Program Terms ("Partner Terms") are an agreement between Websiteflix, Inc. ("we", "us") and the person or business approved as a TelliDesk partner ("you", the "Partner"). They apply in addition to our Terms of Service, which also govern your own use of TelliDesk Chat, and our Privacy Policy. If these Partner Terms and the Terms of Service conflict about the Partner Program, these Partner Terms apply.
2. Joining the program
There are two kinds of partner. Affiliates recommend TelliDesk Chat with a referral link. Resellers also create and manage accounts for their clients and receive a higher commission, subject to the annual fee in section 6. You must be at least 18 and able to enter contracts. We review every application and may approve, ask for more information, or decline it at our discretion. The information you give us must be accurate, and you must keep your payout details current. Your partner portal is part of your TelliDesk Chat login, so keep your password private and turn on two-factor authentication.
3. Referrals and tracking
- Your referral link and code are personal to you. A new account counts as your referral if it is created within 90 days of clicking your link in the same browser, or if you create it from your reseller portal.
- If several partners' links were clicked, the most recent click counts.
- Accounts that existed before the click, your own account, accounts of your employees or owners, and accounts you create for yourself do not count.
- Tracking relies on browser cookies and our records. Where our records and yours differ, our records decide, and we will explain them if you ask.
4. Commissions
- Rates. Unless we agree otherwise in your portal, affiliates earn 20% for 12 months after each referred account signs up, and resellers earn 35% for as long as the referred account keeps paying. Your rate is the one shown in your portal.
- What counts. Commission is calculated on what the referred customer actually paid us for their subscription, excluding taxes, after discounts and credits. It is not paid on your own account, on the annual reseller fee, or on clients whose plan you pay for yourself (section 9).
- Hold period. Each commission waits 30 days after the customer's payment, to allow for refunds and chargebacks, and then becomes payable.
- Refunds and chargebacks. If a payment is refunded or disputed, the matching commission is reversed. If it was already paid to you, the amount is deducted from your next payouts.
- Commissions are recorded automatically and shown in your portal. If you believe one is missing or wrong, tell us within 60 days of the payment.
5. Payouts and taxes
- We pay once a month when your payable balance is at least $50, in US dollars, by PayPal or bank transfer to the details in your portal. Balances below the minimum carry over.
- Commissions are always paid out to you. They are never used to pay for your own plan or the reseller fee, which you pay separately by card.
- Before your first payout we may ask for a tax form (W-9 in the US, W-8BEN outside the US) and may hold payouts until we receive it. You are responsible for your own taxes. Fees charged by your bank or PayPal are yours.
- We are not responsible for payments lost because of incorrect payout details you provided.
6. Reseller fee
Resellers pay an annual partner fee of $299, by card, which keeps the reseller rate and perks active for 12 months. Founding partners we designate get their first year free. The fee is never deducted from commissions. It is not refundable for partial years, except where the law requires. If the fee is not paid when due, we may pause reseller perks and new commissions until it is paid, or move you to the affiliate program.
7. Reseller client accounts
- Accounts you create for clients, and accounts that sign up through your link, belong to the client. The client is our customer, accepts our Terms of Service, and can manage their own account, billing and data at any time.
- You may only create an account for a client who has asked you to, using their real business name and an email address they control.
- You may not move existing customers to your partner account, and clients may not be moved between partners, unless we agree in writing.
- Any agreement between you and your clients, including what you charge them, is between you and them. We are not a party to it.
8. Client access and data
- You may open a client's dashboard only with the client's permission and only at the level they choose: Setup only (settings) or Full support (also conversations and contacts). Clients can change or remove access at any time, and they see a log of each visit.
- Client billing details and passwords are never shared with partners.
- Information you see in a client's account, including their customers' messages and contact details, is confidential. Use it only to set up and support that client, keep it secure, do not copy or export it for other purposes, and follow applicable privacy and data protection laws. If you process personal data on a client's behalf, you are responsible for any agreement the law requires between you and that client.
- Tell us promptly at [email protected] if you suspect unauthorized access to a client's account.
9. Paying for a client's plan ("Partner pays")
- A reseller may pay for a client's plan with the reseller's own card, at a discount equal to the reseller's commission rate, after the client accepts in their dashboard. No commission is paid on those payments.
- Use only payment cards you are authorized to use. To charge a client's own card, send the client a payment link so they enter it themselves; never enter a client's card details for them.
- You can change the plan, change the card, or stop paying at the end of the billing period. If you stop, the client keeps the plan for 7 days, then moves to Free unless they choose a plan.
- A client may take over billing at any time by subscribing with their own card. Your subscription for that client then ends, and the unused whole days of the current period are refunded to the card you paid with. From then on, normal commissions apply.
- Partner pays charges and refunds appear in your Billing activity, with Stripe invoices and receipts.
10. Marketing rules
When promoting TelliDesk Chat, you must follow all applicable laws, including advertising, anti-spam (such as CAN-SPAM) and consumer protection laws. You must not:
- send spam or unsolicited messages, or buy email lists;
- bid on "TelliDesk", "Telli" or similar terms, or misspellings of them, in search or social ads, or use them in domain names, app names or social media handles;
- post our offers on coupon, deal, cashback or incentive sites, or offer customers rewards for signing up through you;
- make false or misleading claims about TelliDesk Chat, its prices or its features, or present yourself as TelliDesk or as our employee;
- sign up yourself, your company or your employees through your own link, or use fake accounts or automated clicks.
You must clearly disclose that you may earn a commission when you recommend us, as required by the US Federal Trade Commission's endorsement guides. You may use our name and logo only to promote TelliDesk Chat, following any brand guidelines we provide, and must stop when asked. We may review your promotional materials and ask you to change them.
11. Our relationship
You are an independent contractor. Nothing in these Partner Terms makes you our employee, agent, franchisee or legal partner. You cannot make promises, sign agreements or offer discounts on our behalf. The Partner Program is not exclusive: you may promote other products, and we may work with other partners anywhere.
12. Changes
We may change these Partner Terms, commission rates, the fee or the program. We will give at least 30 days' notice of material changes by email or in your portal. Commissions earned before a change are paid at the rate that applied when they were earned. If you don't agree with a change, you may end your partnership before it takes effect.
13. Ending a partnership
- Either of us may end the partnership at any time with notice. We may pause or end it immediately if you break these Partner Terms or our Terms of Service, or if we suspect fraud.
- When a partnership ends normally, commissions earned before the end are paid out according to section 5, including commissions still in the hold period once they become payable. No new commissions are earned after the end date.
- If we end a partnership because of fraud or a breach of section 10, commissions connected to that conduct are forfeited, and we may recover commissions already paid for it.
- Your clients keep their accounts. Plans you pay for continue as described in section 9 if you stop paying, and clients can take over billing.
14. Warranties and liability
The Service and the Partner Program are provided "as is", as described in our Terms of Service. We don't guarantee any level of earnings, sign-ups or tracking. To the extent the law allows, our total liability to you under these Partner Terms is limited to the commissions paid or owed to you in the 6 months before the claim, and neither party is liable for indirect or consequential damages. You will defend and indemnify us against third-party claims arising from your marketing, your dealings with your clients, or your breach of sections 8 or 10.
15. Governing law and disputes
These Partner Terms are governed by the laws of the State of Florida, USA, without regard to conflict-of-law rules. The state and federal courts located in Broward County, Florida have exclusive jurisdiction. Before filing a claim, each party agrees to try to resolve the dispute informally for at least 30 days.
16. Contact
Websiteflix, Inc.
401 E Las Olas Blvd, Suite 130 PMB 676, Fort Lauderdale, FL 33301
Phone: +1 (855) 225-4535
Partner questions: [email protected] · Privacy: [email protected]