Terms Of use

The business entity that intends to sign up as a Reseller which, after a fulfilled payment and confirmation of this and other agreements the business entity, is referred to as You / the Reseller.

…hereafter referred to as the Supplier / we / us.

This Terms of Use (“TOU”) describes activities that are not allowed in connection with your use of the Services. The TOU is incorporated by reference in your Agreement between You and the Supplier.

Capitalized terms used in this TOU and not otherwise defined herein shall have the meaning given in the Agreement.

Inquiries regarding this policy should be directed to Supplier’s Support Email .

Definitions

Allocation Request

An Allocation Request is the way a Reseller allocates a Custom Domain and its corresponding Reseller account in the Service. It’s a process containing a few steps from initializing the process to finalizing it.

The Service / Service

the MailerBee platform and the services that is part of the MailerBee platform and websites. MailerBee is made available as a web based service and is supplied by the Supplier.

Base Price

The price that we have set as the minimum price for the service. The revenue share on this price is the absolute minimum that we must charge to at all be able to deliver the service. The Base Price is what we publish at this website.

If we Reseller wishes to do so, they can choose to increase the Base Price to a price that is more suitable for their respective markets.

Custom Domain

A domain name that the Reseller uses to rebrand the Service as if it is their own.

Customer Price

The price that the Customer pays for the service. If the Reseller has not altered the base price, the Customer Price will be the same as the Base Price. If the Reseller has altered the Base Price, then the Customer Price will be that altered price.

Partner

A business entity that has signed up to our partner subscription to enable themselves to resell the MailerBee service under their own brands, and who pays the quarterly Support fee. When the Partner resell subscriptions under their own brands they are Resellers. Being a partner doesn’t mean any co-ownership in MailerBee nor the company that owns MailerBee. A Partner can make no claims of controlling the Service nor the Supplier. Being a partner, to us, is a sign of a deepened business relationship where we, on a mutual voluntary basis, value our partners and listen to them and indirectly their customers’ needs and requests in further developing the MailerBee service, perhaps with additional feature packages that fits a certain business vertical really well. Together we can bring the MailerBee service to an even higher level of refinement and more profitability for both the Reseller and for the Supplier.

Reseller

A business entity that has signed up to the Partner Subscription and who is reselling Service. Being a Reseller gives that business entity the non-exclusive and non-transferrable right to resell the Service under the Resellers own brand as if it is their own Service.

Reseller’s Margin

The Customer Price in USD minus the Revenue Share in USD minus the payment processors fee in USD (usually roughly 3%).

Reseller Site

The hidden pages on MailerBee.com after being logged in as a Reseller

Revenue Share

The percentage of the Customer Price that the Supplier charges to deliver the Service.

Service

The Service is what is delivered under the MailerBee name.

Supplier

The Supplier is the company as stated under Company Name.

Support
(1st LIne, 2nd Line and 3rd Line)

Support is split up in three parts. It is on the Reseller to supply the 1st line support to its customers. It is on the Supplier to supply the 2nd Line and 3rd Line support to its Resellers. The Supplier never provides Support to the customers of Resellers.

1st Line Support:
All interfacing with the customers of a reseller, it includes regular user support.

2nd Line Support:
More advanced user support, technical support related to the Service, but not software code development, bug fixing nor maintenance of the software code.

3rd Line support
Software code development, bug fixing nor maintenance of the software code

 

Support Fee

The quarterly fee that a Reseller pays to the Supplier to get access to Business support and 2nd Line and 3rd Line Support for the Service .

 

Abuse

The Reseller may not use the Supplier’s network of Service(s) to engage in, foster, or promote illegal, abusive, or irresponsible behavior, including:

  • Any activity or conduct that is likely to be in breach of any applicable laws, codes or regulations, including data protection and privacy laws and laws relating to unsolicited commercial electronic messages;
  • Use of an internet account or computer without the owner’s authorization;
  • Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network;
  • Monitoring data or traffic on any network or system without the express authorization of the owner of the system or network;
  • Introducing intentionally, knowingly or recklessly, any virus or other contaminating code into the Services;
  • Collecting or using information, including email addresses, screen names or other identifiers, by deceit, (such as, phishing, Internet scamming, password robbery, spidering, and harvesting);
  • Use of any false, misleading, or deceptive TCP/IP packet header information in an email or a newsgroup posting;
  • Distributing software that covertly gathers or transmits information about a user;
  • Distributing advertisement delivery software unless: (i) the user affirmatively consents to the download and installation of such software based on a clear and conspicuous notice of the nature of the software, and (ii) the software is easily removable by use of standard tools for such purpose included on major operating systems;
  • Any conduct that is likely to result in retaliation against the Supplier’s network or website, or the Supplier’s employees, officers or other agents, including engaging in behavior that results in any server being the target of a denial of service attack (DoS);
  • Any activity intended to withhold or cloak identity or contact information, including the omission, deletion, forgery or misreporting of any transmission or identification information, such as return mailing and IP addresses;
  • Interference with service to any user of the Supplier’s or other network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
  • Any action which directly or indirectly results in any of our IP space being listed on any abuse database (i.e. Spamhaus);
  • Conducting any gambling activity in violation of any required licenses, codes of practice, or necessary technical standards required under the laws or regulations of any jurisdiction in which your site is hosted or accessed; or
  • Any action that is otherwise illegal or solicits conduct that is illegal under laws applicable to the Reseller or to the Supplier.

Offensive Content

The Reseller may not publish, transmit or store on or via the Services any content or links to any content that you reasonably believes:

  • Constitutes, depicts, fosters, promotes or relates in any manner to child pornography, bestiality, non-consensual sex acts, hate or otherwise unlawfully exploits persons under 18 years of age;
  • Publish, transmit or store any content or links to any content that is excessively violent, incites violence, threatens violence, contains harassing content or hate speech, creates a risk to a person’s safety or health, or public safety or health, compromises national security or interferes with an investigation by law enforcement;
  • Is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
  • Is defamatory or violates a person’s privacy; or
  • Is otherwise malicious, fraudulent, morally repugnant.

No High Risk Use

You may not use the Services in any situation where failure or fault of the Services could lead to death or serious bodily injury of any person, or to physical or environmental damage. For example, you may not use, or permit any other person to use, the Services in connection with aircraft or other modes of human mass transportation or nuclear or chemical facilities.

Mail Requirements

The Reseller must comply with the laws and regulations applicable to bulk or commercial email in your jurisdiction. In addition, your bulk or commercial email must meet the following requirements:

  • You must have a Privacy Policy posted for each Custom Domain associated with the mailing or, if available, accept the site wide Privacy Policy supplied by the Supplier;
  • You must have the means to track anonymous complaints; and
  • You must not obscure the source of your e-mail in any manner.
  • You must post an email address for complaints (such as abuse@yourdomain.com) in a conspicuous place on any website associated with the email, and you must promptly respond to messages sent to that address;
  • Your intended recipients have given their consent to receive e-mail via some affirmative means, such as a double opt-in procedure, and you can produce the evidence of such consent within 72 hours of receipt of a request by the recipient or the Supplier;
  • You must use reasonable means to ensure that the person giving consent is the owner of the e-mail address for which the consent is given;
  • You must include the recipient’s e-mail address in the body of the message or in the “TO” line of the e-mail.
  • You must honor revocations of consent and notify recipients of the same;

These policies apply to messages sent using the Services, or, if applicable, to messages sent from any network by you or any person on your behalf that directly or indirectly refer the recipient to a site hosted via the Services. In addition, you may not use a third party e-mail service that does not practice similar procedures for all its customers. These requirements apply to distribution lists created by third parties to the same extent as if you created the list.

Vulnerability Testing

The Reseller may not attempt to probe, scan, penetrate or test the vulnerability of a system or network operated or owned by the Supplier, or to breach the Supplier’s security or authentication measures, whether by passive or intrusive techniques.

Export Control

The Services may not be used in violation of export laws, controls, regulations or sanction policies of the European Union, United States or your applicable jurisdiction. The Services may not be used by persons, organizations, companies or any such other legal entity or unincorporated body, including any affiliate or group company, which is involved with or suspected of involvement in activities or causes relating to: illegal gambling; terrorism; narcotics trafficking; arms trafficking or the proliferation, development, design, manufacture, production, stockpiling, or use of nuclear, chemical or biological weapons, weapons of mass destruction, or missiles; in each case including any affiliation with others whatsoever who sponsor or support the above such activities or causes.

Intellectual Property and Other Proprietary Rights

You may not use our Services in a manner that infringes on or misappropriates the rights of a third party in any work protected by copyright, trade or service mark, invention, or other intellectual property or proprietary information. For example:

  • You may not use the Services to download, publish, torrent, distribute, use, or otherwise copy in any manner any text, music, software, art, image, or other work protected by copyright law unless you have permission from the owner of the work to use or copy the work in that manner, or you are otherwise permitted by established intellectual property law to copy or use the work or rights in that manner;
  • You may not use the Services to publish content intended to assist others in defeating technical copyright protections; and
  • You may not display another person’s nor organization’s trademark without permission.

In addition, you may not use the Services to publish another person’s or organization’s trade secrets, or to publish information in violation of a duty of confidentiality. It is the Supplier’s policy to terminate the services of customers who are repeat infringes in appropriate circumstances.

Cooperation with Investigations and Legal Proceedings

If the Supplier is legally required to permit any relevant authority to inspect your content or traffic, you agree we can do so; provided however that, where possible without breaching any legal or regulatory requirement, we give you reasonable prior notice of such requirement.

We may, without notice to you, report to the appropriate authorities any conduct by you that we believe violates applicable law, and provide any information we have about you, or your users or your traffic and cooperate in response to a formal request from a law enforcement or regulatory agency investigating any such activity, or in response to a formal request in a civil action that on its face meets the requirements for such a request.

Excessive Use of Shared System Resources

You may not use any shared system provided by the Supplier in a way that unnecessarily interferes with the normal operation of the shared system, or that consumes a disproportionate share of the resources of the system. For example, we may require you to repair coding abnormalities in your application if it unnecessarily conflicts with other Resellers’ customers’ use of the Services. You agree that we may quarantine or delete any data stored on a shared system if the data is infected with a virus, or is otherwise corrupted, and has the potential to infect or corrupt the system or other customers’ data that is stored on the same system.

Third Party Conduct

You are responsible for violations of this Terms of Use (TOU) by anyone using our Services with your permission or on an unauthorized basis as a result of your failure to use reasonable security precautions. Your use of the Services to assist another person in an activity that would violate this TOU if performed by you is a violation of the TOU.

You must use reasonable efforts to secure any device or network within your control against being used in breach of the applicable laws against spam and unsolicited email, including where appropriate by the installation of antivirus software, firewall software and operating system and application software patches and updates. Our right to suspend or terminate your Services applies even if a breach is committed unintentionally or without your authorization, including through a Trojan horse or virus.

Policy Documents

You confirm that you let the Supplier of the Service change this TOU and other legal documents published in the system in the relation to your customers without prior notice. Using placeholders, or ”tags”, in the TOU supplied by the Supplier, Reseller specific company information replaces these placeholders.

You confirm that the system wide terms of use will be used in the relation between you as a Reseller and your customers. Your customers are expected to read and confirm these terms of use every time they login to the Service. If your customers do not check the checkbox that confirms that they have read and understood the terms of use, whether they are updated or not, they will not be able to login to the Service.

You confirm that you have the possibility to add your own supplemental terms of use to the system wide terms of use. The Supplier calls these supplemental terms of use, ”Addendums”. The Addendums must under no circumstances at all, replace the system wide terms of use using any kind of text in the Addendum. If the Reseller specific Addendum indeed contains such texts that replaces or changes the meaning of the system wide terms of use, the addendum shall be considered automatically invalid. The system wide terms of use are valid at all times.

“Forgetting” Custom Domains in the Allocation Request process

If you at the latest step of the Allocation Request process would choose ”Forget” (instead of ”Claim”) two times or more for a Custom Domain, the Supplier reserves the right to terminate your status as a Reseller with immediate effect. If so, your Reseller subscription will be terminated and the part of the Support Fee that remains will be refunded to you.

Support Fee

In order to make use of a Custom Domain thereby being able to sell subscriptions to your customers, you must have an active paid-for Reseller subscription which you pay with a fee, the Support fee. For this fee you will be enabled to resell, with non-exclusive and non-transferrable rights, the Service branded as if it was your own. Being a Reseller also comes with a set of features and services that are provided on the Service’ Reseller Site. These features and services might vary over time and what they are is visible when the Reseller logs into their Reseller account at the Service’ Reseller Site.

Termination of Reseller agreement due to disclose of the Supplier as the real supplier

The Supplier reserves the right to terminate a Partner Subscription with immediate effect if it turns out that the Partner / Reseller has revealed that the Supplier is the real supplier of the Service, or the name of the Service. The white label of the Service is of crucial importance to keep intact and is not to be revealed to any other company, organization or individual.

Priority support

Priority support might be offered as part of a price plan package and it will be explicitly mentioned that such a priority support is offered as part of the price plan package. If it is not part of the price plan package description, it is not included.

Priority support is defined as that the Supplier will start to work on a solution within two hours from when the support ticket was submitted by the Reseller. The Supplier do not promise to have the problem solved within two hours, only that the Supplier will start working on the problem within that time frame. If Priority Support is purchased it will only cover 2nd line and 3rd line support, never 1st line support since the Supplier doesn’t offer 1st line support.

Priority support will, if offered and purchased, always be given to the Reseller, not to the customer of a Reseller. This implies that the Reseller in turn must offer 1st line support to its customers.

Impersonating Resellers and Reseller’s customers

The Supplier reserves the right to impersonate any user, that is, a Reseller or its customer(s) at any time.

Impersonating a certain user in the Service means that the impersonator can act in the Service under the name of the user. An impersonation might be asked for by the user. The Supplier might however on its own initiative do impersonations even if the user has not given explicit permission to do so. This due to that the Supplier has a responsibility to identify any bottle necks or malfunctioning parts of the system, breaches of the terms etc.

Importing email addresses

The Service has a standard procedure when email addresses are imported, this procedure is mandatory and can’t be excluded. When email addresses are imported, they go through a validation test. The reason for this is to prevent unethically collected lists of email addresses or emails that do not follow the standard for emails, remove email addresses that is likely to bounce etc, this process is called Email Validation. During Email Validation it is likely that zero or many of the email addresses submitted for import, are not imported, this might be due to that they do not fulfill standards for how email addresses are built, or there might be other reasons for it.

The Reseller and its customers accepts the use of an Email Validation service at the Supplier’s sole discretion.

Reseller’s Stripe Account

The Reseller confirms that it will use the same Stripe account for the same custom domain at all times. If the Reseller disconnects its Stripe account from the Service, it’s customers will not be able to pay for the Service and thereby not be able to use the Service. The Supplier reserves the right to terminate the Agreement with the Reseller with immediate effect if this happens. No liability will be applied to the Supplier.

Articles

The Supplier may or may not publish documents in the Service of informational characteristics that the Supplier calls Articles. The Supplier takes no responsibility whatsoever for the contents of these articles. Reseller accepts that it has no possibility to not show these Articles to its Customers.

Demo User Account

With your Reseller subscription comes one demo user account to be used when having meetings with your customers. The demo account will be unlimited in regards to what features it can use, but it can not and shall not be used for anything else than demonstrating the Service to potential customers. The demo user account can’t send more than 100 messages per day.

Double Opt-in

When a subscriber signs up to a list, it shall at all times be using double opt-in. Double opt-in means that when a subscriber leaves the email address in a signup form, en email message is then sent to that email address where the user must confirm that they indeed want to receive emails coming from the one who made the signup form available.

SMS Credits

In case the Supplier supplies the Service with SMS as an optional channel for transferring messages, you are always the party that needs to buy SMS credits from the SMS gateways implemented by the Supplier. If you for some reason would be terminated to use the Service, the SMS credits stored in your Reseller account can still be used in other services elsewhere. The Supplier takes no responsibility whatsoever for any SMS credits stored in the system. We only supply the service to make us of the SMS Credits.

Customer Tutorial Videos

The Supplier may or may not remotely change what videos are published on the Reseller’s Customer Sales & Support Site (CSS). The purpose is to keep the Reseller’s Customer Sales & Support Site up to date with the latest content available where possible. The Supplier assumes no responsibility whatsoever for these videos and doesn’t guarantee the access to them either.

Revenue Share

The Service is a service that is a low cost business opportunity that, on top of the Service as such, also provides Resellers with a set of features and additional services that makes their activities as Resellers a bit simpler.

For every sold subscription there is a revenue share applied. This revenue share is a percentage that is always applied no matter whether the Reseller chooses to raise the prices or not.

The Revenue Share is the chosen revenue model for the Supplier. This is the way to keep the costs down for Resellers. The term Revenue Share is stated in the way that e.g. a revenue share of 60% means that the Supplier will get 60% of the Customer Price, the rest of it is for the payment processor and for the Reseller. The Revenue Share might change over time, if the Supplier chooses to give discounts. If so, the Revenue Share will just change temporarily for the period of the campaign, unless otherwise stated.

The Reseller confirms that for every subscription that will be sold by the Reseller to Customers, the Revenue Share will be applied. It’s the same percentage of the Revenue Share so if the Reseller chooses to increase the Base Price for the Service, the amount paid to the Supplier will increase accordingly. This is a fair system as the Supplier provides a service with very low cost and a high margin and sharing the price that the customer pays for the Service will secure the long term survival of the Service and enable the Supplier to create new features that in turn can create an even higher Base Price which is in favour of both the Supplier and the Reseller.

For the Revenue Share model to work, the pricing for the Service must be transparent all the way from the customer, via the Reseller to the Supplier. The Customer Price is always visible to the customer in one way or the other.

Invoicing customers

There are two models of invoicing a customer:

  • Automatic invoicing by the system (standard)
  • Manual invoicing by the Reseller (needs to be requested from the 2nd Line Support)

When using the automatic invoicing, the Reseller confirms that its aware of that the standard invoicing of the customers subscriptions are automatically carried out by the Service and that there is no way of switching this feature off. Providing this invoicing feature is part of the Business Support Services. The Reseller has the chance to brand its invoices using a color, address information and a logo. No traces of the Supplier will be on the invoices.

To get access to the manual invoicing, a special request needs to be done with the 2nd Line Support and we will review the request. If we approve manual invoicing, the customer will still see the price but now at the top of the left vertical menu bar. The payment then is carried out by the Reseller to us where the Reseller pays the Customer Price in the Service directly in the selected payment gateway. Then it’s up to the Reseller to claim that sum from the customer.

Setting own prices of the Services provided

The Reseller is given the chance to alter the Base Price for the Service provided by the Supplier. This alteration of the Base Price can only be higher than the set Base Price.

Customer Sales & Support site

The Customer Sales & Support site (CSS) that is made available for the Reseller as part of the Partner Subscription. It is not a purchased website, it’s a site that comes with the Partner Subscription. This implies that when the Partner Subscription is terminated, the Reseller shall uninstall the site and delete it. The plugins on the CSS developed by the Supplier is the property of the Supplier, some parts of CSS might be open source based products.

In the CSS there are technology that integrates the Service with the CSS especially for signup and price plans.

CSS is an unsupported add-on service lent to the Reseller to make it easier to sell subscriptions and handle 1st line support cases with customers. The things needed to setup and run a CSS site are described in Reseller Tutorial Videos made available on the site used as a Reseller.

Rebranding material supplied by the Supplier

Using the Reseller subscription the Reseller is able to access up-to-date documents e.g. sales and marketing presentations, course material, ebooks etc, that can be rebrandable by the Reseller. Rebranding gives the Reseller the non-exclusive and non-transferrable right to temporarily brand the documents. Even if it is rebranded, the Supplier still owns the copyright. The rebranding shall be considered only as a way to set a tag onto the rights of the Supplier, not taking ownership of it.

Email Address Validation

The Reseller confirms that the Supplier will make use of an external Email Address Validation service. This means that if the Reseller or a Customer of a Reseller tries to import a list this might very well result that zero or many of the subscribers in that list, will not be able to used by the Service, since they will not be imported due to whatever reason.

Language used

All Reseller interactions are to be in English. Although the Supplier might, at its sole discretion, offer to supply documents and the Service in other languages, this does not mean that support, e.g. support desk, support forums, support email, support chat etc, are to be given in any other language than English.

If a Reseller chooses to post content to e.g. the support forums using another language than English, the Supplier reserves the right to remove any such posts or content.

Tutorial Videos

The Supplier supplies Tutorial Videos with the Service, both Reseller Tutorial Videos and Customer Tutorial Videos.

Reseller Tutorial Videos are not white labeled and exists only to provide instructions to Resellers on how to set up the Supplier’s Business Services and and use the Service from a Reseller perspective, and they shall never be made available for any other person or company that is not a Reseller. You confirm that you will never show any of the Supplier’s Reseller Tutorial Videos to your Customers.

Customer Tutorial Videos are white labeled and contains instructions to Customers on how to use the Service from a user perspective.

Backups

Backups are created once per week. By agreeing to these terms of use, you confirm that this frequence is accepted.

Other

  • You may only use IP addresses assigned to you by the Supplier in connection with your Reseller account.
  • You agree to that the Supplier may or may not approve your suggested Custom Domain at the Supplier’s sole discretion. Examples of names that will not be approved are: names that includes profanities, sexual content, names of illegal drugs, actions, hate, the name of the Supplier’s Service or any name similar to the Service etc.
  • You may not register to use any Services under a false name, or use an invalid or unauthorized credit card in connection with any Services.

Changes to the TOU

The Internet is still evolving, and the ways in which the Internet may be abused are also still evolving. Therefore, we may from time to time amend this TOU to further detail or describe reasonable restrictions on your use of our Services by publishing a revised version of the TOU the login screen to the services. No matter of there is a material adverse change to the TOU or not, notice of this will only be given via the policy documents linked to from the login page to the service and the login page to the Reseller Site.

The revised TOU will become effective to you once you have logged in to the Service, since you must accept the TOU in order to be able to login.

If your compliance with the revised TOU would adversely affect your use of the Service, you may choose to terminate the Agreement by giving the Supplier written notice via the named Support Email Address of your objection. If you choose to terminate, you can not use the Service anymore and you will continue to be subject to the prior version.

You must accept the TOU to be able to login. If you do not accept the TOU and instead want to cancel the subscription, you may do so via the Support Email Address provided to you.

Consequences of Violation of TOU

If you breach the TOU we may suspend or terminate the Service in accordance with the Agreement. We may intercept or block any content or traffic belonging to you and even stop any traffic or to users where Services are being used unlawfully or not in accordance with this TOU.

No credit will be available under the Agreement for interruptions of service resulting from any TOU violation.

 

Last revised: 24th of July 2018.