Ally.io

Partner Programs Agreement

Ally Partner Programs

Last Updated: June 20, 2021

This is a contract between you and Ally Technologies Inc.

This document applies to your participation in any of our partner programs (the “Programs”) either as a (i) Referral Partner and/or (ii) Consulting Partner (each a “Partner). You may not participate in our Programs unless you agree to the terms below.

This Ally Partner Program Agreement (this “Agreement”) contains the complete terms and conditions that apply to your participation as a Partner for the referral of potential customers for Ally’s suite of web-hosted business execution solutions (the “Services”), related tools and platforms which we make available from time to time for use in connection with the Services, including Ally’s application programming interface (the “Tools”).

By taking part  in one of our Partner Programs, you are agreeing to these terms and also agree to and accept the program addendums and policies set out herein and therein, respectively. In signing up for an account, you are also agreeing to be bound by Ally’s standard Terms of Service, Privacy Policy, and other policies found on Ally’s website and as Ally may implement in the future and from time to time (collectively, Ally’s “Policies”).  If there’s a conflict between the Policies and this Agreement, this Agreement shall control.

We periodically update these terms. We might also choose to replace these terms in their entirety if, for example, the Program ends , or becomes part of another partner program. If we update or replace the terms we will let you know via an in-app notification in your portal or by email. If you don’t agree to the update or replacement, you can choose to terminate as described below.

As used in this Agreement, “we  “us” or “Ally” means Ally Technologies Inc. and “you” “your”, or “Partner, means you as the individual/entity participating in a Program. 

  1. Non-Exclusivity.

This Agreement does not create an exclusive agreement between you and us. Both you and we will have the right to recommend and provide similar products and services of and to third parties and to work with other parties in connection with the design, sale, installation, implementation and use of similar services and products of and to third parties.

  1. Partner Programs.
    1. Please refer to and review the applicable supplementary addendum to your program at the link below for additional terms and conditions, which form an integral part of this Agreement:
      1. The Consulting Partner Program provides the opportunity for you to grow your business around Services for Ally customers and Ally referrals to your clients (“Clients”). Under the Consulting Partner Program, you offer the Services under your own brand or trademarks and service your own Clients. Consulting Partners earn commission on the net new subscribers they source for Ally and influence for Ally. Before you can start making commissions on the new subscribers you bring in and service you must: (i) complete your application on our website (ii) get approval from the Program Manager and (iii) agree to be bound by the Consulting Partner Addendum that governs the program located below.
      2. The Referral Partner Program allows you to be an advocate for the Services and make a commission on each new paying subscriber that enrolls for the Services through you by using a unique referral link (“Link”). Before you can start making commissions on the new subscribers you bring in you must: (i) complete your application on our website (ii) get approval from the Program Manager and (iii) agree to be bound by the Referral Partner Addendum that governs the program located below.
    2. Please note, that while we colloquially refer to the entities and individuals that register for these programs as “Partners”, these individuals and entities are, as between them and Ally, independent contractors, and nothing will be construed to create a partnership, agency, joint venture or employment relationship between them and us, and neither they nor us will have the ability to act on behalf of, or otherwise bind, the other, except as expressly provided in the Program Addendums.
    3. Once you complete an application to become a Partner, we will review your application and let you know whether you have been accepted or not.  Prior to accepting an application, we may reach out to you to review your application with you or make additional requests. Notwithstanding anything to the contrary in this Agreement, Ally will not pay any commission to a Partner for those Clients, referrals, or new subscribers that are an affiliated company to Ally.  
    4. If you are accepted as a Partner, then upon notification of acceptance, the terms and conditions of this Agreement and the Policies shall apply in full force and effect until terminated in accordance with this Agreement.
  2. Representations and Warranties.

Each of us hereby represents and warrants to the other that: (a) it has full power and authority to enter into this Agreement and to perform its obligations hereunder; (b) it has obtained all permits, licenses, and other governmental authorizations and approvals required for its performance under this Agreement; and (c) it will perform its obligations in compliance with all laws, rules, and regulations applicable to its activities pursuant to this Agreement.

  1. Confidentiality.

Ally may, during the term of this Agreement, disclose to you certain non-public, confidential or proprietary information with respect to its Services and/or Tools including, without limitation, information related to scheduled releases and new and improved products and features (“Confidential Information”). You agree to hold all Confidential Information in strict confidence in accordance with Ally’s instructions, not disclose Confidential Information to third parties outside of Ally’s instructions, and shall keep any Confidential Information related to Ally’s unreleased Services, Tools, products or features confidential until such time as Ally releases such Services, Tools, products or features to the public.

  • DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY.

Ally will remain solely responsible for the operation of the Ally website, the Services, and the Tools, and you will remain solely responsible for the operation of your website and the activities of your Clients, as applicable, with respect to the Services and the Tools. Each party acknowledges that (i) their respective sites may be subject to temporary downtime due to causes beyond their reasonable control, and (ii) it retains sole right and control over the programming, content, and conduct of transactions over its respective site or service. EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES PROVIDED IN THIS AGREEMENT, THE SERVICES, THE TOOLS, AND PROGRAMS ARE PROVIDED “AS IS,” AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALLY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR THROUGH COURSE OF DEALING, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, OR ANY WARRANTY REGARDING (I) THE AMOUNT OF FEES A PARTNER MAY GENERATE DURING THE TERM, (II) PARTNER’S CONTINUED PARTICIPATION IN THE PROGRAM, AND (III) ANY ECONOMIC OR OTHER BENEFIT THAT PARTNER MIGHT OBTAIN THROUGH ITS PARTICIPATION IN THE PARTNER PROGRAM.UNDER NO CIRCUMSTANCES WILL ALLY BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING ANY CLAIMS FOR LOST PROFITS, LOST BUSINESS, OR LOST DATA) ARISING OUT OF THIS AGREEMENT, EVEN IF ALLY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. ALLY’S ENTIRE LIABILITY ARISING FROM OR RELATING TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHER CAUSE OF ACTION WILL NOT EXCEED THE AMOUNTS COLLECTED FROM PARTNER UNDER THIS AGREEMENT IN THE SIX-MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.

  1. Use of Trademarks.
    1. Ally hereby grants to you during the term of this Agreement a non-exclusive, non-transferable, revocable, royalty-free license to establish hyperlinks between your website and the Ally website and to use Ally’s trade names, logos, trademarks and service marks (the “Marks”) in accordance with this Agreement.
    2. The foregoing license does not include the right to, and Partner will not modify the Marks in any manner, incorporate any of the Marks into any other trademark or service mark, or combine the Marks with any other words, logos, designs, service marks or trademarks. Partner will comply with any trademark usage guidelines and instructions provided by Ally in connection with Partner’s use of the Marks. We will have the right to review and monitor your use of the Marks. If there is any non-compliance with such guidelines and instructions, at Ally’s request and direction, you will, at your sole cost, promptly correct any non-complying use of the Marks. You will not adopt brands, logos, trademarks, service marks, trade names or other marks which are the same as or confusingly similar to the Marks. Your use of the Marks in any advertisement, web page, promotional materials, or other items shall be subject to Ally’s prior review and approval, and you will furnish to Ally an advance copy of each such items. All goodwill arising from your use of the Marks will insure solely to the benefit of Ally. You will at all times maintain a high level of quality for your website and/or referral material.
    3. You grant to Ally a nonexclusive, non-transferable, royalty-free right to use and display your trademarks, service marks and logos in connection with this Agreement.
    4. Except as set forth above, we each reserve all right, title and interest in our respective intellectual property rights (e.g., patents, copyrights, trade secrets, trademarks, and other intellectual property rights). Use of Marks except as set forth herein is strictly prohibited.
  2. Term, Termination, Cancellation, Expiration.
    1. The term of this Agreement will begin upon your acceptance of this Agreement and will end when terminated. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other at least five (5) days written notice of termination. For the effects of expiration/termination/cancellation refer to the applicable addendum for your program.
    2. In the case of a Consulting Partner, we may, without limiting any of our rights, terminate this Agreement and your participation in the Consulting Partner Program for the violation of any of the Policies by you or any of your Clients.
  3. Restricted Activities.

General Restrictions. Partner will conduct its business and activities in a manner that promotes a good, positive image and reputation for Ally, the Services, and the Tools. Without limiting the generality of the foregoing, Partner will not:

  1. use any inappropriate form of promotional, marketing, or advertising activity for the Services or the Tools or for any services of Partner in which the Services or the Tools are incorporated, which includes use of any misleading hyperlinks and making any false, misleading, or disparaging representations or statements with regard to Ally and the Services and the Tools, or with your Link or website, which includes use of any misleading hyperlinks and making any false, misleading, or disparaging representations or statements with regard to Ally and the Services, as applicable;
  2. engage in any unfair or deceptive trade practice involving the Services and the Tools;
  3. participate in any promotion, advertising, marketing, or sale of any imitation of the Services and the Tools;
  4. include or provide for in any website any page, screen, or social media platform that contains content that: advocates discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; promotes or engages in illegal activities, violates intellectual property rights of third parties, or contains or promotes deceptive information;
  5. other than as permitted by this Agreement, copy, use, or distribute any information, data, text, messages, software, sound, music, video, photographs, graphics, images, and tags that we incorporate into our products and services (the “Ally Content”) in connection with your promotion and marketing of the Services and/or the Tools;
  6. hold yourself out to be an Ally employee or use any Ally Content to mislead potential new Clients into believing you are endorsed or employed by Ally;
  7. use the string “Ally” for any website domain name;
  8. bid on Ally branded keywords;
  9. use any profane, vulgar, discriminatory, or objectionable words or phrases in domains used in connection with the Services and/or the Tools;
  10. use any accounts for Services and/or the Tools obtained at a discount from Ally for your own personal use, or use its own Link to purchase any Services;
  11. send spam or send bulk-emails to market and promote the Services, the Tools or promoting Links;
  12. directly or indirectly convert or attempt to convert or persuade current active Ally subscribers to become Partner Clients or use your Link without our prior written approval; and
  13. make or authorize any proposal, representation, warranty, guarantee, or communication relating to the Services, the Tools and/or the Link that is inconsistent with Ally’s standard terms and policies, or that has not been approved or otherwise authorized by Ally in writing.
  • Export Controls and Sanctions Compliance. 

You understand and agree that:

  1. The receipt and use of the Services and/or Tools may be subject to export control and economic sanctions laws of the United States and other applicable government authorities (“Export Control and Sanctions Laws”). You agree to abide by all Export Control and Sanctions Laws as they relate to your resale, access, use and recommendation of the Services and the Tools to your Clients;
  2. You will not, directly or indirectly, access or use the Services or Tools if you are located in a jurisdiction where the provision of the Services or Tools is prohibited by law (a “Prohibited Jurisdiction”), including Cuba, Iran, North Korea, Syria and the Crimea region;
  3. You will not allow, resell or recommend the Services and the Tools to Clients or potential subscribers who are: (i) located in any Prohibited Jurisdiction; or (ii) identified on the U.S. Treasury Department’s list of Specially Designated Nationals, the U.S. Department of Commerce’s Denied Persons List or Entity List, or subject to any other export control or economic sanctions lists or programs, to register for Ally using your Link;
  4. You represent and warrant that: (i) you are not named on or subject to any government sanctions programs or list of persons or entities prohibited from receiving U.S. exports or engaging in transactions with any U.S. person; (ii) you are not located in, or a company registered in, any Prohibited Jurisdiction; and (iii) you will comply with all applicable laws regarding the transmission of technical data exported from Canada, the United States and the country in which you are located.
  1. Anti-Corruption Compliance. 

You understand and agree that:

  1. You will comply with all applicable United States and international anti-corruption and anti-bribery laws and regulations, including the U.S. Foreign Corrupt Practices Act, the U.K. Bribery Act, and others, as they relate to your access, use, recommendation and resale of the Services and the Tools;
  2. You will not, directly or indirectly offer, promise, or give any payment or anything of value to a government official, or any other individual or entity, where the intent is to improperly influence any act or decision of the government official, or other individual or entity, to obtain or retain business or some other benefit or commercial advantage;
  3. You will not, directly or indirectly, solicit or accept any sort of payment or anything of value from anyone, where the intent is to improperly influence any act by you, any third-party acting on your behalf, or Ally; and
  4. You acknowledge that you have not received or been offered any illegal or improper bribe, kickback, payment, gift or thing of value in connection with this Agreement.
  1. Dispute Resolution; Binding Arbitration.

Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Ally and limits the manner in which you can seek relief from us.

  1. YOU AND ALLY AGREE THAT ANY DISPUTE ARISING OUT OF OR RELATED TO THIS AGREEMENT IS PERSONAL TO YOU AND ALLY AND THAT ANY DISPUTE WILL BE RESOLVED SOLELY THROUGH INDIVIDUAL ARBITRATION AND WILL NOT BE BROUGHT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER TYPE OF REPRESENTATIVE PROCEEDING.
  2. All disputes arising out of or related to this Agreement shall be settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules (“AAA Rules”), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall take place in Bellevue, Washington, USA before a single neutral arbitrator appointed in accordance with the AAA Rules and shall be conducted in the English language..
  3. Any claim arising out of or related to this Agreement must be filed within one year after the date of the event giving rise to the claim; otherwise, you and Ally no longer have the right to assert the claim.
  1. Indemnification.

You will indemnify, defend, and hold harmless Ally and our affiliates, directors, officers, employees, and agents from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorneys’ fees) relating to:

  1. the operation of any website;
  2. a breach of your obligations under this Agreement;
  3. any acts or omissions by Clients where such acts or omissions would constitute a violation of any Ally Policies (“Client Violations”);
  4. the violation of any third party intellectual property rights in respect of your website or under this Agreement.
  1. General Provisions.
    1. Neither you or we will be considered to be in breach of or default under this Agreement on account of any delay or failure to perform as a result of any causes or conditions that are beyond our respective reasonable control. If any force majeure event occurs, the affected party will give prompt written notice to the other and will use commercially reasonable efforts to minimize the impact of the event.
    2. This Agreement has been made in and shall be construed and enforced in accordance with the laws of the State of Washington and the federal laws of the United States applicable therein, without reference to its conflict of laws provisions. 
    3. Any notices under this Agreement will be given in writing. Notices may be given by electronic mail and will be deemed delivered and given for all purposes on the sent date, but only if the receiving party has confirmed its receipt by return electronic mail. Notices sent via traditional means will be sent via postal mail or certified mail, return receipt requested. Notices to Ally will be sent to its head office located in Bellevue, Washington.
    4. You may not assign this Agreement, in whole or in part, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns.
    5. The failure of either you or Ally to enforce any provision of this Agreement will not constitute a waiver of the right to subsequently enforce the provision. Any remedies specified in this Agreement are in addition to any other remedies that may be available at law or in equity.
    6. Ally grants to you only the rights and licenses expressly stated in this Agreement, and you receive no other rights or licenses with respect to Ally, its products, its services, its trademarks, or any of its other property rights.
    7. This Agreement shall in no way limit Ally’s ability to sell its products and services, directly or indirectly, to any current or prospective customers.
    8. If any provision of this Agreement is determined to be invalid, unlawful, void, or unenforceable to any extent, such provision will be interpreted to best reflect the parties’ intent, and the remainder of this Agreement will not be affected and will continue to be valid and enforceable to the fullest extent permitted by law.

 

Consulting Partner Addendum

Last updated: June 20, 2021

Ally Consulting Partner Program

This Consulting Partner Addendum is supplementary to the Partner Program Agreement located at [LINK TO COME] and is to be construed as if they are one document (collectively, the “Agreement”). Any capitalized terms not defined herein shall have the meaning ascribed to such term in the Partner Program Agreement.

As used in this Agreement, “we”, “us” or “Ally” means Ally Technologies Inc. and “you”, “your” or “Consulting Partner”, means you as the partner participating in this program. “Consulting Partner Program” means the program we manage or control by which participating entities may be given the right to market, promote, and refer use of our Services and Tools under their own brand or trademarks to their end user customers (“Clients”).

  1. Participation

You must sign up through the Partner Portal to join the Consulting Partner Program. In signing up for an account, you are agreeing to be bound by the Agreement and such other policies as Ally may implement in the future and from time to time. Once signed up, you become a participant in the Consulting Partner Program and will have access to our Consulting Partner Program Portal. Current and former Ally contractors, employees, and members of Ally employees’ immediate family are prohibited from participation in the Consulting Partner Program.

  1. Referral (lead submission)
  1. Subject to the terms and conditions of this Agreement, we grant you the non-exclusive and non-transferable right to market, promote, and refer use of the Services and the Tools to your Clients as part of a value-added solution you create by referring Ally accounts on your Client’s behalf through our Consulting Partner Program Portal (each a “Client Account”). For clarity, any reference to the referral of the Services or the Tools or referring the Services or the Tools means referring the right to access and use the Services or the Tools as provided by Ally and not the actual sale or transfer of any software, technology, or documentation associated with the Services or the Tools. You are only permitted to refer the Services and/or the Tools to Clients who are not current subscribers or previous subscribers of any of the Ally Services and/or the Tools within the 24-month period before the date of enrollment.
  2. You are solely responsible and liable to Ally for the acts and omissions of your Clients where such acts or omissions would constitute a violation of any of Ally’s Policies (“Client Violations”). You will promptly inform us in writing of any Client Violations of which you become aware. You will use commercially reasonable efforts to monitor and enforce Ally’s Policies to the extent any breach thereof by a Client does, or would reasonably be expected to have, an adverse effect on Ally and/or the Services and/or the Tools.
  3. You represent and warrant to Ally that you have lawfully obtained all required permissions, authorizations, and consents under applicable laws for you and Ally to use, collect, disclose, and otherwise process any Client data and Client contact data that are used in connection with the Tools.
  1. Commissions

(a) Consulting Partner does not need to collect any funds from any of the new subscribers referred to Ally. Ally will be responsible for collecting payment. Ally will then pay Consulting Partner, on a pay when paid basis, a commission based on a percent of the payments collected from them as an Ally subscriber – this is currently set at 20% of year one annual contract value.

(b) As a Consulting Partner, we will provide you with access to the Partner Portal Dashboard using your log-in credentials and send you further information required to receive commissions. There, you can see a summary report for all Clients, including information on new subscriber pricing plans and the associated commissions.

(c) You and Ally, will be each responsible for paying any respective applicable taxes and duties that may be imposed with respect to any compensation or payments we each respectively receive under or in connection with this Agreement.

(d) At Ally’s discretion, it may increase Consulting Partner commissions based on performance on a case-by-case basis and may revert back to the original percentage if performance does not remain consistent. Ally does not guarantee increases in commission to any Consulting Partner, and Ally retains the right to change, modify, or cancel any commission plan at any time.

(e) Ally does not need to collect any funds from any of the new clients referred to Consulting Partner. The Consulting Partner will be responsible for collecting payment. The Consulting Partner will then pay Ally on a pay when paid basis, a commission based on a percent of the first service payment collected from them as a new client  – this is currently set at 5% of the first services performed only.

  1. Effect of Termination

(a) You are only eligible to earn commissions on new subscriptions occurring during the term of this Agreement. Ally may, in its sole discretion, pay you commissions for any new subscribers that remain subscribed for 60 days after the effective date of termination, but has no obligation to do so.

(b) Upon termination, you will discontinue all use of and delete the Link and other Tools that we make available to you for your participation in the Referral Partner Program.

(c) If either you or we terminate your Consulting Partner account, your referred Client Accounts will still remain customers of Ally

 

Referral Partner Addendum

Last Updated: June 20, 2021

The Ally Referral Partner Program

This Referral Partner Addendum is supplementary to the Partner Program Agreement located at [LINK TO COME] and is to be construed as if they are one document (collectively, the “Agreement”). Any capitalized terms not defined herein shall have the meaning ascribed to such term in the Partner Program Agreement.

As used in this Agreement, “we” or “us” or means Ally Marketing Cloud Inc.  and “you”, “your” or “Referral Partner”, means you as the advisor participating in this program. “Referral Partner Site” individually and collectively means your website and/or e-mail communications and/or software applications. “Referral Partner Program” means the program we manage or control by which participating entities place links on their Referral Partner Site that connect to the Ally website and for which a commission is earned for new Ally subscribers.

  1. Participation

(a) You must sign up through the Partner Portal to join the Referral Partner Program. In signing up, you are agreeing to be bound by the Agreement and such other policies as Ally may implement in the future and from time to time. Once signed up, you become a participant in the Referral Partner Program. Current and former Ally contractors, employees, and members of Ally employees’ immediate family are prohibited from participation in the Referral Partner Program.

(b) In order for us to pay you your commissions, you must have an active payment account linked to the e-mail address you used when registering for an Ally partner account. Ally will not have any liability or support obligations for any issues relating to your third party payment account.

(c) Referral Partners are not eligible for commissions from their own personal accounts or any account directly linked to them, including referred accounts with the same names, billing address, or e-mail addresses.

(d) The commission rate offered shall be determined by Ally in its sole discretion and will be posted to Ally – this is currently set at 20% of year one annual contract value. Ally.io retains the right to modify, change, cap, limit or cancel any commission structure at any time. However, the commission structure in effect at the time a new customer subscribes shall govern for that individual subscriber. 

(e) Cookie Duration. Cookies used as part of this program have a 90 day duration. If a potential customer clears their cookies during this period, Ally shall not be liable for any commissions that may have been owed to you.

  1. Promotion

(a) Once you have signed up as a Referral Partner, we will provide you with a unique referral link (“Link”) that links to an Ally website to start the enrollment process. Whenever you tell a potential new subscriber about Ally and how we can help improve their OKR adoption and rollout, you or the potential new subscriber will just use that Link, and we will take care of the rest. You must use the Link, otherwise, we have no way of tracking or knowing where the new subscriber came from, and we will not be able to pay you your commissions. To qualify under the Referral Partner Program, any new subscriber must not have been a previous subscriber to any of our Services.

(b) You and Ally will cooperate in good faith to promote the Services. Each Link will permit recipients to navigate directly to a page on an Ally website designated by us via a special tagged link format.

  1. Commissions

(a) Referral Partner does not need to collect any funds from any of the new subscribers referred to Ally. Ally will bill the customer directly and will be solely responsible for collecting payment. When a new customer subscribes to the Services through Referral Partner’s Link, Ally will then pay Referral Partner a commission, on a pay when paid basis, based on a percent of the payments collected from them as an Ally subscriber, all of which is more particularly set out in the Ally partner portal powered by PartnerStack.

(c) As a Referral Partner, we will provide you with access to the Partner Portal Dashboard using your log-in credentials. There, you can see a summary report for all new subscriptions directed from your Link, including information on new subscriber pricing plans and the associated commissions.

(d) You and Ally, responsible for paying any respective applicable taxes and duties that may be imposed with respect to any compensation, commissions, or payments received under or in connection with this Agreement.

(e) At Ally’s discretion, it may increase Referral Partner commissions based on performance on a case-by-case basis and may revert back to the original percentage if performance does not remain consistent. Ally does not guarantee increases in commission to any Referral Partner, and Ally retains the right to change, modify, or cancel any commission plan at any time.

  1. Effect of Termination

(a) You are only eligible to earn commissions on new subscriptions occurring during the term of this Agreement. Ally may, in its sole discretion, pay you commissions for any new subscribers that remain subscribed for 60 days after the effective date of termination, but has no obligation to do so.

(b) Upon termination, you will discontinue all use of and delete the Link and other Tools that we make available to you for your participation in the Referral Partner Program.

(c) Upon termination, we may choose to maintain our database and engage with any actual or potential customers we were made aware of by you. For the avoidance of doubt, termination of this Agreement will not cause any customer subscriptions to be terminated.

 

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