Jotform Affiliate Partner Agreement
THIS AFFILIATE PARTNER AGREEMENT (“AGREEMENT”) CONSTITUTES A LEGAL CONTRACT BETWEEN YOU (THE AFFILIATE) AND JOTFORM. BY CLICKING ON THE “SUBMIT” BUTTON WHEN YOU SUBMIT YOUR AFFILIATE APPLICATION, COMPLETING THE REGISTRATION PROCESS TO BECOME A JOTFORM AFFILIATE PARTNER, AND/OR PARTICIPATING IN THE JOTFORM AFFILIATE PROGRAM, YOU ARE CONFIRMING THAT YOU AGREE TO THE TERMS OF THIS AGREEMENT ON BEHALF OF YOURSELF, OR IF YOU REPRESENT A COMPANY OR OTHER ENTITY, ON BEHALF OF THAT COMPANY OR ENTITY. DO NOT CLICK “SUBMIT” OR PARTICIPATE IN THE AFFILIATE PROGRAM IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT.
Definitions of words and phrases used in this Agreement:
“Jotform” means Jotform, Inc., a California corporation based in San Francisco, California, USA. The words “we”, “us”, and “our”, whether or not capitalized, also refer to Jotform.
“Affiliate” means a person or entity that is accepted by Jotform as a partner in the Affiliate Program. The words “you” and “your”, whether or not capitalized, also refer to Affiliate.
“Affiliate Program” and “Program” mean Jotform’s program whereby Affiliates can earn commissions as set forth in this Agreement.
“Affiliate Link” means a hyperlink to Jotform that an Affiliate has placed on or in the Affiliate’s website(s), blog(s), or social media postings, for the purpose of getting third parties to obtain Subscriptions to the Service.
“Affiliate Customer(s)” means parties other than Jotform and Affiliate who, after clicking on an Affiliate Link, obtain and pay for a Subscription.
“Commission” means money earned by you as an Affiliate in the Program pursuant to this Agreement.
“Service” as used herein means Jotform’s online form-building platform and related functionality.
“Subscription” means the right obtained by a Subscriber to use the Service under a Bronze, Silver, Gold, or Enterprise plan, and who has paid Jotform the required fees for the same. See our pricing page for more information on Bronze, Silver, and Gold Service plans. Contact us at support@jotform.com for information on Jotform Enterprise pricing.
There are other defined terms below, each of which is capitalized.
1. Affiliate Application & Acceptance
A. Application Required. In order to be considered for participation in the Program as an Affiliate, you must complete and submit an application form (“Application”).
B. Acceptance. If we choose to accept your Application, you will receive an email notifying you that your Application has been approved. You understand and agree that we may accept or reject your Application at our sole discretion, for any reason.
C. Post-Acceptance Account Access: If we accept your Application, we will send you a welcome email with your login details for your Affiliate account. From your account, you will be able to download promotional materials, find information on Affiliate Links and suggested content to promote Jotform, and when you start earning Commissions, you will see information on and relating to those Commissions and the bases on which any Commissions have been earned and/or paid. It is your responsibility to keep your username and password information secure. YOU MAY NOT SHARE YOUR LOGIN CREDENTIALS WITH ANY OTHER PERSON OR ENTITY.
D. You agree to ensure that the information you provide us in your Application and in your account is at all times complete, accurate and up-to-date (you may update it in your account). We will send communications to the email address associated with your account; you agree to receive these, and understand and agree that, if you opt out of receiving them or ask us to delete your personal data, your participation in the Program may be terminated by Jotform. You will be deemed to have received all notifications, approvals, and other communications sent to that email address, even if the email address associated with your account is no longer current.
2. Affiliate Responsibilities & Restrictions
As a Jotform Affiliate, you represent, warrant, and agree to all of the following:
A. Best Efforts and Affiliate Links: You will use best efforts to promote Jotform. You will implement Affiliate Links pursuant to the specifications set forth in the Program materials we have provided to you.
B. Maintaining your Site: You agree to maintain all of the websites, social media accounts, blogs, and other digital and online places you use to promote Jotform.
C. Compliance with Laws: At all times, you will follow and comply with all applicable privacy, copyright, and other laws that pertain to your actions as an Affiliate, including but not limited to the GDPR, the UK GDPR, CCPA, and any and all other applicable privacy laws.
D. Limited Right to Use the Jotform Name: You may use the Jotform name and logo solely for the purpose of promoting Jotform. You are not permitted to (i) promote Jotform through paid advertising or media buying, or (ii) use the Jotform name or logo in any domain name or as part of your username on or in any social media platform or other such account.
E. No Bidding or Buying of Jotform Name or Logo: You are not permitted to buy or bid on any advertising using the Jotform name or logo, or to bid on or buy the rights in or on any search tool or search engine to our Name, including but not limited to in or on Google Ads.
F. No Promotion With Offensive Content: You may not mention or promote Jotform on any website, social media, or platform that contains any form of misleading, fraudulent, defamatory, obscene, violent, illegal, harassing, hateful, or pornographic content. You agree that Jotform has sole discretion to make the determination as to whether such content is present.
G. No Cookie-Stuffing: You may not use any form of cookie-stuffing techniques or click- generators that set tracking cookies or that result in apparent clicks without the user (a live human) actually clicking on Affiliate Links. You may not artificially generate clicks or impressions on your site, blog, or on any social media platform or to create visits on the Jotform site, whether by way of a robot or software program or otherwise.
H. No Verbatim Copying Of Non-Affiliate Jotform Content: You may and are encouraged to use any suggested content or materials Jotform has provided you to use as an Affiliate to promote Jotform, verbatim. However, you may not use or copy any other content appearing on any Jotform website or anywhere else that Jotform uses or posts content in a word-for-word fashion; any and all use of such other Jotform content must be in the form of paraphrasing.
I. No Copying or Using Jotform Look-and-Feel: You may not copy the look or feel of any Jotform website or web page.
J. No Use Of Spyware, Malware, Viruses And The Like: You may not make any use of any form of spyware, malware, trojan, tracker, or virus, or any such things, in connection with any Affiliate Link or otherwise in connection with the Program.
K. No Misrepresenting Our Relationship: You may not represent or hold yourself out to third parties as being anything beyond an Affiliate of Jotform (and, if you are a customer of Jotform, that you are a customer). For example, you may not state or imply that you are a partner or representative or agent of Jotform or that you have the authority to bind Jotform to a contract, or that you are an employee of Jotform or in business with Jotform. You may not state or imply that you represent Jotform in any capacity unless we have specifically authorized you to do so in writing.
L. No Use Of Browser Extensions To Promote Jotform Without Written Approval: You may not create, offer, sell, distribute, or otherwise provide any browser extension related to Jotform without our prior written approval.
M. Non-Disparagement: In exchange for receiving Affiliate Commissions, you agree that you will not publicly disparage Jotform or any of its products or services or owners, directors, or staff, whether during or after your participation in the Program.
N. Self-Referrals Prohibited: You may not use your own Affiliate Link to purchase a Jotform subscription, or generate Commissions through accounts associated with your own email, IP address, payment method, or identity.
3. Jotform’s Rights
As a member of our Affiliate Program, you understand and agree that Jotform, in addition to the rights set forth in other sections of this Agreement, also has the following rights:
A. We Can Monitor your Online Activities as an Affiliate: You hereby give us the right to monitor what you do and post online, to make sure that you are complying with this Agreement and the law and to notify you of any changes we believe you should make to your website and other places to remain in compliance. We reserve the right to terminate your participation in the Program if you fail or refuse to make such changes after we have so notified you.
B. We Determine the contractual terms Applicable to Affiliate Customers: Persons who become Subscribers of our Service through Affiliate Links will be bound by our terms of use, rules, and policies, which are subject to change from time to time. We reserve the right to not accept anyone as a Subscriber, and to terminate any Subscriber’s account and/or access to the Service if that party defaults on their subscription fee payment obligations, and/or if in our sole discretion they violate any of our terms, rules, or policies, even if such a termination affects your right to a Commission or the amount of a Commission under the Program.
C. Jotform may immediately terminate your participation in the Program if you violate any part of this Agreement.
D. If you create any content, such as but not limited to user-generated content (UGC), relevant to or directly discussing Jotform or our products, platform, or services, you hereby give us a royalty-free, nonsublicensable, perpetual right to use such content as we see fit in our sole discretion, including but not limited to on our websites, social media, promotional assets, and internal or external product or platform guides.
4. Affiliate Commissions
A. How Commissions Are Earned: A Commission is earned when a third party (not you or Jotform or any of our respective owners, directors, agents, or employees) does all of the following: (i) The party clicks on Partner’s Affiliate Link, (ii) The party signs up for a Subscription (Bronze, Silver, Gold, or Enterprise), or any combination of these) within sixty (60) days of clicking on the link, and (iii) The party pays the applicable Subscription fees. As set forth in the Definition section of this Agreement above, a party who completes steps (i)i through (iii) is referred to herein as an “Affiliate Customer”.
B. Amount of Commissions: Subject to Section 4C hereof, where a Commission is due to the Affiliate hereunder, the Affiliate shall receive thirty-percent (30%) of the Eligible fees received by Jotform from the Affiliate Customer, for the first consecutive twelve (12) month period that the End Customer maintains a Subscription. Affiliate shall not earn or receive or be paid any Commission (i) after or beyond that 12 month period, or (ii) in the case of a Subscription where the Affiliate Customer pays the Subscription fees monthly, and where the Affiliate Customer’s Subscription is canceled or terminated for any reason before the end of that 12 month period, Affiliate shall only receive Commissions for the months in which the Affiliate Customer actually pays.
C. Bases for Commissions:
(i) Commissions shall be based on basic subscription fees and fees for expansions, renewals, and upgrades (“Eligible” fees).
(ii) Commissions shall not be based on (a) any of the following: one-time fees or charges, including but not limited to fees or charges for onboarding, server set-up, increases in storage space, and the like; fees for professional services engagements, amounts paid by the Customer for taxes, or for interest that has accrued due to late payment by the Customer, or (b) refunds: Where Jotform has refunded money to a Customer, this will reduce the amount of the payment deemed made by the Customer; if the Commission has already been paid before the refund was made, an adjustment (reduction) to the next Commission payment or payments to Partner will be made.
(iii) Earned Commissions shall be paid by Jotform within sixty (60) days after the Customer has paid Jotform.
(iv) Commission examples:
#1: An Enterprise Customer pays Jotform $10,000 in January (Enterprise fees are usually due in the first month of a 12 month subscription period): Partner would be due a Commission of $3,000 (30% of $10,000).
#2: Same as Example #1, but the Customer incurs additional fees of $5,000 after paying the $10,000, such as fees to add additional users or for increased storage space, and Customer pays the $5,000 in March of the same year: In this case, Partner would be due an additional Commission of $1,500 (30% of $5,000).
#3: A Customer with a monthly “Gold” subscription ($99 due each month based on the prices applicable as of the Effective Date of this Agreement) pays $99 each month: Partner would be due a Commission of $29.70 each month, beginning in the month after the Customer’s first payment of $99.
#4: Same as Example #3, but the Customer pays for the full year up front for a BSG annual plan: Partner would receive 1/12 of the total Commission owed per month starting two months after the Customer makes the up-front payment.
(v) Effect of Legal Prohibitions or Violations: If we determine that payment of a Commission is not permitted under any applicable laws, or the End Customer violated any law in signing up for a Subscription, of your violation of this Agreement or applicable law resulted in the End Customer signing up for a Subscription, we reserve the right to not pay the Commission.
(vi) Taxes and Third-Party Fees: Affiliate is solely responsible for any and all government- imposed taxes and levies, and any and all fees charged by the Affiliate’s bank or other financial institution, in connection with or because of the Affiliate’s receipt of Commission payments.
(vii) If, due to Affiliate’s failure to provide Jotform with Affiliate’s information for the receipt of Commission payments by electronic transfer, Jotform is unable to make such transfer within six (6) months of the date on which Commission(s) is/are due, Affiliate shall forfeit the right to receive such Commission(s).
(viii) In cases where a prospective customer has already been in contact with Jotform’s sales team, or where a sales discussion has been initiated and the deal has been closed directly by the sales team, no Commission shall be payable to the Affiliate, even if the customer later signs up through an Affiliate Link. To be eligible for Commission, the Affiliate must be the first to refer the customer and initiate the conversation via an Affiliate Link, prior to any contact with Jotform’s internal sales team. Jotform reserves the right to determine, in its sole discretion, whether a customer qualifies as a sales-led deal.
D. Affiliate agrees that, before they shall be able to receive payments of Commissions, Affiliate shall provide Jotform with verification of Affiliate’s identity, such as copies of government- issued forms of identification. Jotform shall have sole discretion over the types of proof it requires. Affiliate further agrees that, if it does not wish to provide such proof to Jotform, this Agreement shall immediately terminate. Jotform agrees to hold such proof in confidence and in a secured manner, and to retain such proof for only as long as necessary to confirm Affiliate’s identity.
5. Licenses
A. You hereby grant Jotform a non-exclusive, non-transferable, revocable right to use your personal and company names, titles, and logos in the advertising, marketing, promoting, and publicizing of the Program.
B. We both agree not to use the other’s names, logos, or other proprietary materials in any manner that portrays the other in a negative light. Other than the rights explicitly granted to you in this Agreement, we each retain all right, title, and interest in and to our respective rights, and no right, title, or interest in anything or any form or type of property not stated in this Agreement is hereby transferred to the other.
6. Disclaimer
WE MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING JOTFORM, THE PROGRAM, OR THE JOTFORM PLATFORM OR SERVICE. ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. JOTFORM MAKES NO REPRESENTATION THAT THE OPERATION OF OUR SERVICE OR PLATFORM OR WEBSITE OR OF ANY SIGN-UP PAGE OR PROCESS WILL BE UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
7. Limitations of Liability
NEITHER PARTY HERETO WILL BE LIABLE TO THE OTHER PARTY WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL OUR CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSIONS PAID OR PAYABLE TO YOU UNDER THIS AGREEMENT.
8. Indemnification
You agree to defend, at your expense, Jotform and its related entities and each of their employees, directors, officers, representatives, agents, and contractors (collectively, the “Jotform Parties”), against any and all claims, suits, actions, or other proceedings brought against them by a third party based on or arising from any claim resulting from your breach of this Agreement (“Claim”). You further agree to indemnify the Jotform Parties against any damages, attorneys fees, and costs awarded by the court or arbitrator in favor of the party or parties who have brought the Claim.
9. Term and Termination
The term of this Agreement shall continue for as long as you are an Affiliate. Either party hereto may terminate this Agreement for any reason, on sixty (60) days written notice. Such notice to Jotform shall be sent by email to affiliates@jotform.com.
10. Modification
From time to time, we may make changes to this Agreement. You agree to review this Agreement from time to time and that you will be bound by such changed terms unless you choose to terminate your participation in the Program. Such a termination shall be your sole mode of recourse if you object to such changes. You also agree that Jotform has the right to shut down or otherwise stop offering the Program at any time. If we do shut it down or stop it, we will still pay you all Commissions you have earned prior to that time.
11. Miscellaneous
A. You represent, warrant, and agree that:
(i). You have read and understood this Agreement, and consulted your own legal counsel for advice regarding it if you felt that was necessary, before agreeing to the terms hereof;
(ii) You have the full right, power, and authority to accept and be bound by this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party;
(iii) If Affiliate is a company, entity, or other organization, rather than a single individual person, the person who agreed to this Agreement had the power and authority to agree to them on behalf of the Affiliate.
B. Independent Contractors. Each of us shall be deemed to be independent and separate parties with respect to the subject matter of this Agreement, and nothing contained in this Agreement shall be deemed or construed in any manner as creating any partnership, joint venture, employment, agency, fiduciary, or other similar relationship. You will not make any statement, whether on your site or otherwise, that contradicts anything in this paragraph.
C. Assignability. You may not assign your rights or obligations under this Agreement to any party, and any attempt to do so will be void and without effect. We are free to assign the Program and/or this Agreement to any Jotform entity and/or to an acquiror of Jotform assets.
D. Governing Laws. Except where not permitted by the jurisdiction in which Affiliate resides, this Agreement shall be governed by the substantive laws of the State of California without reference to its choice or conflicts of law principles that would require the Application of the laws of another jurisdiction, and shall be considered to have been made and accepted in the State of California.
E. Neither party shall be deemed to have waived any provision of this Agreement unless in writing and signed by both parties.
F. Entire Agreement. This Agreement is and represents the entire agreement between Jotform and Affiliate, and shall supersede all prior agreements and communications between us and you regarding the subject matter hereof, whether oral or written.
G. Severability. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is given full effect, and the remainder of this Agreement shall have full force and effect.
H. Headings. Headings in this Agreement are for document reference and navigation purposes only, and shall not be construed against the drafter of this Agreement.
