Partner Program Terms & Conditions

1. General provisions

1. Zonka Feedback offers a SaaS platform offering survey software, according to the information on Zonka Feedback's website www.zonkafeedback.com. Zonka Feedback customers can register and subscribe to the platform at https://platform.zonkafeedback.com/.
2. Zonka Feedback has partnered with PARTNERSTACK INC., a Delaware corporation with its registered office at 1049 El Monte Avenue, Suite C 512, Mountain View, CA 94040 (the “PartnerStack”), to operate and coordinate the affiliate and referral program via PartnerStack’s platform (the “Partner Program”).
3. The PartnerStack platform allows participants to promote Zonka Feedback services and other companies registered on the platform.
4. Partners are rewarded based on successful purchases of Zonka Feedback services by referred customers, as outlined in these Terms.
5. Eligibility
   1. Agencies, affiliates, content creators, influencers, and companies interested in referring Zonka Feedback to potential customers.
   2. Partners must be at least 18 years old if they are individuals.
   3. Zonka Feedback employees are not eligible to participate while employed and can only join after employment ends.
   4.  By registering for the Partner Program, the Partner agrees to these Terms and confirms eligibility.
6. These Terms are separate and in addition to any agreement the Partner may have with PartnerStack or related payment solution providers for the use of PartnerStack’s platform. The Partner acknowledges that Zonka Feedback is not involved in any agreement with PartnerStack or payment providers and is not responsible for their performance.
7. The Partner will cover all costs and expenses related to the marketing or promotion of Zonka Feedback services, unless otherwise agreed upon by the parties.
8. Partner hereby agrees to:
   1. Comply with all reasonable criteria and policies provided by Zonka Feedback
   2. Keep the login credentials for their PartnerStack account confidential
   3. Fulfill their obligations under these Terms in compliance with all applicable laws and regulations, including but not limited to privacy and anti-spam laws, as well as tax and accounting regulations

2. Partner Program details

1. To join the Partner Program, a Partner must:
   1. Create an account on the PartnerStack platform and apply for Zonka Feedback’s Partner Program, or
   2. Sign up on the Zonka Feedback Partner Program webpage at https://www.zonkafeedback.com/partners, or
   3. Accept an invitation sent via email from a Zonka Feedback representative.
2. The Partner's access to and use of the PartnerStack account are governed by PartnerStack's policies. For more information, please visit PartnerStack's support page - https://support.partnerstack.com/hc/en-us/categories/360000821274-Partnering- with-programs. Signing up for the PartnerStack platform is independent of participating in the Zonka Feedback Partner Program.
3. After a Partner applies to join the Partner Program, Zonka Feedback will review and either approve or deny the application at its sole discretion.
4. Zonka Feedback reserves the right to reject an application if there is a lack of communication with the applicant. Applicants should respond to follow-up questions from Zonka Feedback within two weeks.
5. Upon registration completion, Partners receive:
   1. A referral link for promoting Zonka Feedback, if
   2. Access to the Partner Portal for managing program
   3. Resources and communication tools as detailed in the Terms described in point 1. of the Terms
6. The The Zonka Feedback Partner Program offers two methods for reporting information about acquired leads (referred customers):
   1. Agency Path: Agencies can submit leads by directly contacting Zonka Feedback. Approval of these leads is at the discretion of Zonka Feedback's representatives.
   2. Standard Path: Leads can be referred using referral links, as outlined in Section 3 of the Terms.

3. Referrals

1. A referral link with a unique Partner ID allows PartnerStack to track customer subscriptions using cookies placed on the potential customer's browser when they click the referral link. PartnerStack is responsible for tracking the referrals made by the Partner.
2. Use of cookies:
   1. Cookies enable the assignment of new registrations in the Zonka Feedback tool to the Partner's promotional activities.
   2. Cookies allow tracking of a potential customer's activity even if they leave the webpage and return later without clicking the referral link again.
   3. Referral link clicks are tracked for 120 days (the “Referral Period”). If a potential customer clicks the referral link more than once, the referral period resets with each click.
3. The sale is attributed to the most recently clicked Partner link, meaning the Partner will receive the reward if their referral link is the last one the referred customer clicked on to sign up for a paid plan of the Zonka Feedback tool.
4. Partners shall not refer traffic to Zonka Feedback through any pay to read, pay to click, banner exchanges, click exchanges, PPC advertising, pop-up/under, press releases, or similar methods.
5. Eligibility for Rewards:
   1. The referred customer must not be an existing Zonka Feedback customer.
   2. The customer must have cookies enabled in their browser settings (i.e., not using cookie-blocking software).
   3. The customer must sign up for the Zonka Feedback tool using the Partner's referral link.
6. Referred customers will not appear in the Partner Portal immediately, as data is sent to PartnerStack once per day.
7. Partners are not eligible to use the Partner Program to earn rewards for their own use of the Zonka Feedback tool.

4. Rewards and Rules

1. Partners receive a 25% recurring lifetime commission for every paid customer they refer.
2. Commission is not applicable to SMS Packs/Addons purchased
3. Rewards are based on net income, excluding discounts, taxes, and other deductions. services tax, and other applicable sales tax.
4. Zonka Feedback will not pay any rewards for:
   
   1. Existing customers or customers who return after a subscription lapse
   2. Fraudulent or voided transactions
   3. Lack of necessary contact with the partner within two weeks when required
   4. A purchase that the Partner makes himself
5. Zonka Feedback retains the right to modify the commission structure for partners at any time.
6. If a partner qualifies for a reward but technical issues (like missing cookie data) prevent accurate tracking, Zonka Feedback may still choose to pay a commission based on fair judgment.

5. Payments and Reward Payouts

1. Any Rewards earned by the Partner will be calculated and paid monthly through payment solutions provided by PartnerStack (such as PayPal, Stripe, or other available methods on the PartnerStack platform).
2. To receive payments, the Partner must enter into a separate agreement with these payment providers. Zonka Feedback and PartnerStack are not parties to these agreements and are not liable for any obligations under them.
3. PartnerStack manages the payment process and bills Zonka Feedback for all rewards paid to the Partners. The payment schedule is as follows:
   1. Rewards for the calendar month are calculated and sent to Zonka Feedback for review by the end of the month in which the subscription was purchased.
   2. During the first 7 days of the following month, Zonka Feedback reviews and confirms or adjusts the reward amounts.
   3. Once confirmed, funds are available for withdrawal by the Partner around the 13th of the following month.
4. For new customers, there will be an automatic 30-day delay on the first payment to allow for anti-fraud checks conducted by PartnerStack (e.g., Anti-Money Laundering procedures).
5. If fraud is suspected, PartnerStack may suspend the Partner’s participation in the program pending further investigation.
6. If a Partner has received payment for fraudulent activities or otherwise unjustified claims, Zonka Feedback reserves the right to:
   1. Apply a credit against future rewards or demand reimbursement from the Partner
   2. Disqualify rewards earned through fraudulent or illegal means.
7. The Partner is responsible for any applicable sales, use, or other taxes and payment processing fees that arise from participation in the Partner Program. Partners must also independently report rewards to their tax authorities as required by law.
8. Currency
   1. Rewards are calculated by PartnerStack in United States dollars (USD). If a referred customer purchases a Zonka Feedback subscription in another currency (such as EUR, GBP, INR), PartnerStack converts the amount to USD based on the conversion rates provided by Open Exchange Rates on the day of reward withdrawal.
   2. While payouts are displayed in USD on the PartnerStack platform, the Partner can choose to receive the reward in their local currency. The conversion to the local currency will be handled by the Partner’s payment provider, which will apply the relevant exchange rate.
   3. All currency options and the handling of conversions are managed entirely by PartnerStack and the payment providers, including the selection of available currencies and the exchange rates used. Zonka Feedback disclaims all liability related to currency fluctuations and conversions.
9. If an invoice needs to be issued, it should be addressed to PartnerStack. For issues related to invoicing for rewards, Partners should contact PartnerStack at support@PartnerStack.com.

6. Intellectual rights

1. During the course of cooperation under the Partner Program, Zonka Feedback grants the Partner a limited, non-exclusive, non-transferable, non-sublicensable, royalty-free, worldwide license ("the License") to use, reproduce, and display Zonka Feedback’s trademarks, brand marks, logos, design elements, and fonts, along with other proprietary materials and marketing resources developed by or for Zonka Feedback ("the Resources"). These Resources are available in the Partner Portal.
2. The License is provided solely for the purpose of promoting the Zonka Feedback tool to potential customers, in accordance with these Terms and any specific instructions or guidelines provided by Zonka Feedback.
3. The License will expire upon the termination of the cooperation under the Partner Program. If the cooperation ends without notice, the Partner's right to use the Zonka Feedback Resources under the License will immediately cease.
4. Zonka Feedback reserves the right to modify or change the Resources at any time without prior notice.
5. All goodwill generated from the use of the Resources will belong to Zonka Feedback. The Partner is not allowed to alter, modify, adapt, translate, or create derivative works from any part of the Resources.
6. The Partner agrees that Zonka Feedback may use the Partner’s name and trademark solely to identify the Partner as a participant in the Partner Program. This use may include sales presentations, promotional/marketing materials, and press releases related to the Partner Program. Zonka Feedback will cease this use upon the termination of the cooperation under the Partner Program.

7. Acceptable Use

1. Partner must not:
   1. Use aggressive or unethical promotional methods for the Zonka Feedback tool, such as sending unsolicited emails (spam) or offering cashback or other incentives, unless approved in advance by Zonka Feedback.
   2. Associate Zonka Feedback's brand or Resources with content that is unlawful, harmful, threatening, defamatory, obscene, offensive, harassing, sexually explicit, violent, discriminatory, promotes violence or pornography, or discrimination based on age, disability, nationality, race, religion, sex, or sexual orientation, or is otherwise objectionable at Zonka Feedback’s discretion.
   3. Make any promises, representations, warranties, or guarantees about the Zonka Feedback tool other than those expressly set by Zonka Feedback. Zonka Feedback is not responsible for any contradictory representations made by the Partner.
   4. Bid on or purchase keywords or search terms containing “Zonka Feedback,” including variations or misspellings.
   5. Promote Zonka Feedback via search engines by driving traffic directly to Zonka Feedback's website or using the "Zonka Feedback" keyword in any SEM or SEO activities.
2. Upon termination of the cooperation under the Partner Program, the Partner must immediately cease using and remove all Resources provided by Zonka Feedback from their site and, at Zonka Feedback's choice, either return or destroy any other materials mentioning Zonka Feedback.
3. Zonka Feedback reserves the right to:
   1. Suspend, terminate, or cancel the subscription of any customer referred by the Partner if the customer breaches any agreement with Zonka Feedback.
   2. Review and approve the placement and use of referral links and require changes to comply with provided guidelines. The Partner must make these changes as suggested.
   3. Monitor the Partner's marketing channels to ensure compliance with these Terms.
   4. Terminate the Partner's participation in the Partner Program and forfeit any outstanding reward payments if the Partner violates these Terms.

8. Terms and Termination

1. The cooperation The cooperation between Zonka Feedback and the Partner begins upon Zonka Feedback’s acceptance of the Partner’s application and continues until terminated by:
   1. Either party providing notice of termination via email,
   2. The Partner removing themselves from the Zonka Feedback Partner Program on the Partner Portal,
   3. Zonka Feedback removing the Partner from the program on the PartnerStack platform.
2. Zonka Feedback reserves the right to close the Partner Program at any time. Upon closure, the Partner can withdraw any legitimate outstanding rewards through PartnerStack.
3. Zonka Feedback may suspend or terminate the Partner's participation in the Partner Program without notice and refuse any current or future participation if there are objectively justified reasons.
4. Zonka Feedback will pay all outstanding amounts owed to the Partner within ninety(90) days of the cooperation's end. However, the Partner is not entitled to outstanding rewards if their account is terminated due to a violation of these Terms.

9. Data processing

1. Zonka Feedback Zonka Feedback will collect information about the Partner and their representatives available on the PartnerStack platform.
2. This information will be used solely for operating the Partner Program, based on the legitimate interest of the program's organizer. Data may be processed even after the end of the cooperation for legal claims and accounting compliance, and may be shared with service providers (IT, customer service, accounting, legal services) related to the program's operation.
3. PartnerStack may also process data in accordance with their privacy policy, available at PartnerStack's privacy policy page: https://partnerstack.com/policies. Zonka Feedback does not control and is not responsible for how PartnerStack processes data.

10. Confidentiality

1. Neither party shall disclose any information, whether written or otherwise, identified as confidential or clearly confidential by nature.
2. The obligation to maintain confidentiality does not apply if:
   1. The information is publicly known at the time of disclosure or becomes publicly known through no fault of the receiving party;
   2. Disclosure is required by law. In such cases, the disclosing party shall, where permitted by law, notify the other party as early as reasonably possible, detailing the information to be disclosed and the circumstances necessitating the disclosure. The disclosing party shall take all reasonable measures to avoid and limit such disclosure.
3. Confidential information may only be shared with individuals employed or engaged by the receiving party who need the information for proper performance under the Partner Program. These individuals must be aware of and agree to comply with the confidentiality obligations.
4. Neither party shall use the other party's confidential information for any purpose other than fulfilling their obligations under the Partner Program.
5. Upon termination of participation in the Partner Program, the Partner shall immediately return or, at Zonka Feedback’s request, destroy all Zonka Feedback resources and confidential information. The Partner shall, if requested, certify in writing that this has been done.
6. The receiving party shall maintain the confidentiality of all information received from the disclosing party during the cooperation term and for five (5) years thereafter.
7. The Partner shall not publicly disclose the contents of these Terms without prior consent from Zonka Feedback, except where required by law.

11. Governing Law and Arbitration

1. These Terms shall be governed by and construed in accordance with the laws of the Republic of India, regardless of the actual residence of the parties. The parties submit to the exclusive jurisdiction of the courts in Haryana, India, for any proceedings, claims, or litigation arising from or related to the Partner Program.

12. Miscellaneous

1. Partner represents and warrants that:
   1. It has the full corporate right, power, and authority to enter into this cooperation under the Partner Program and fulfill its obligations under these Terms.
   2. It will comply with all applicable laws, regulations, and orders from any competent governmental authority in performing the Partner Program.
2. Neither party may assign its rights or delegate its obligations under the Partner Program, in whole or in part, without the prior written consent of the other party.
3.  Zonka Feedback reserves the right to update these Terms periodically. Significant changes will be communicated to the Partner in advance via the PartnerStack platform (including changes to reward rates). The Partner's continued participation in the Partner Program following such changes will constitute acceptance.
4. If Zonka Feedback is unable to perform its responsibilities due to any act, event, omission, or condition beyond its control (a "Force Majeure Event"), such as strikes, riots, terrorist attacks, war, fire, explosions, epidemics, natural disasters, government acts, or the downtime or unavailability of internal or communication networks, it will notify the Partner within three (3) business days. Performance will be excused for the duration of the Force Majeure Event, but not longer. Zonka Feedback will take reasonable steps to find ways to perform its obligations despite the Force Majeure Event. Performance will be considered suspended for the period of the Force Majeure Event, with an extension for that duration.
5. Zonka Feedback reserves the right to refuse cooperation with entities from countries on United States and European Union sanctions lists (e.g., Russia, North Korea).
6. For questions about the Partner Program, the Partner can contact Zonka Feedback via email at partners@zonkafeedback.com.