App Store Partner Terms & Conditions
The Loystar App Store Partner Program (Partner Program) enables Software Services Vendors (Partners) to distribute complementary Licensed Applications (Apps), also known as add-ons to extend the functionality of Loystar products for members of it’s ecosystem.
By agreeing to this terms and condition you agree as follows:
- Appoint Loystar and its Subsidiaries (collectively “Loystar”) as your non-exclusive agent for the marketing and delivery of the Licensed Applications and Software to End-Users within the Loystar Ecosystem.
- Permit Loystar to Market, solicit, and obtain orders on your behalf for Licensed Applications from End-Users within the Loystar ecosystem.
- You are an Independent Software Services Vendor and we’appoint you as our non-exclusive Partner to provide the propose service to members of the Loystar platform.
- You are allowed to:
- (a) market and promote our products for this purpose;
- (b) use our trademarks strictly in your capacity as Partner (and in this respect we grant you a limited, revocable, non-exclusive and non-transferrable license to use and display our trade marks)
- You agree to a Trial Period
- We would run a trial program for 12 weeks, (except as agreed in a separate agreement) in which Loystar determines the continuity of the partner program with the said Partner.
- Partner Eligibility: Partners cannot submit themselves as Prospects for the App Store Partner Program. Staff of Loystar, its subsidiaries and its direct partners under the Loystar Partner Program are not eligible for this Partner Program.
- Fees & Commission: Loystar shall be entitled to the following commissions in consideration for its services as your agent. Loystar is eligbible to a 10{f4398d4dbb4bd612786df53967ba59c0d9abf9f79d3c47e3baf226da3624040b} commission for each transaction it helps facilitate through this partner program.
- Your obligations:
- In relation to your role as Partner under the Partner Program you are required to:
- Act in an orderly and business-like manner and to comply with all relevant laws and regulations;
- In your role as Partner you must not:
- Use any of our intellectual property except in the course of the Partner Program, nor cause or permit anything which may damage or endanger our intellectual property or our title to it (including assisting or allowing others to do the same);
- Market our products via facsimile, telemarketing, spyware, malware, viruses or other forms of marketing that could potentially harm our business, or as may be communicated by us from time to time; and
- Make any representations or give any warranties on our behalf to any third parties (except to the extent we may consent to in writing).
- In relation to your role as Partner under the Partner Program you are required to:
- The Term of our relationship: Loystar may terminate these Terms and your participation in the Partner Program at any time. We may also terminate these Terms and your participation in the Partner Program immediately should we believe, in our absolute discretion, that you are either in breach of these Terms, that the standing or reputation of our business or products is at risk or if we believe such termination to be in the best interests of our business generally.
- Our liability
- We are not liable (whether in contract, tort (including negligence) or otherwise) for any indirect, incidental, special or consequential damages you may suffer, and any loss of profits, whether direct or indirect, resulting from you acting in your role as a Partner, including as a result of affiliate tracking failures, loss of database files or mobile devices, and any party intending to harm or compromise the Partner Program or its systems.
- We do not make any expressed or implied warranties with respect to the Partner Program or our products and any use of our products by you is subject to our privacy policy as set out here — https://www.loystar.co/legal/privacy-policy (Privacy Policy)
- You indemnify us and keep us indemnified from and against any and all loss, damage or liability (whether criminal or civil) suffered (including any legal fees and costs incurred by us) resulting from any act or omission made by you as our Partner or any breach by you of these Terms.
- Other terms and further information
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- Your role as Partner is as our independent Software Vendor. Nothing in these Terms creates a partnership, joint venture, agency, franchise, sales representative, or employment relationship between us. However the partner engagement may result in further engagements beyond the scope of the partner program.
- If we do not exercise a right we may have under these Terms it does not mean we are waiving that right.
- You may not transfer your role as Partner, or any of your rights and obligations under these Terms without our prior written consent.
- We reserve the right to amend these Terms from time to time without notice.
- Our Terms of Service are incorporated into and supplement these Terms except to the extent they are negated by, or are inconsistent with these Terms, in which case these Terms will prevail.
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