Partner Opportunity Submission

Digital transformation has made performance monitoring a key player in every business strategy, but not every tool provides the insight you need to tackle the issues that affect your end users.

If you know someone who suffers from performance problems with third-party monitoring tools like false positives, limited monitoring options, or slow time to resolve, refer them to the Catchpoint Platform to earn referral compensation.

Fill out the form below to learn more about your one-time 5% finder’s fee:


 

 




BY SUBMITTING THE REFERRAL FORM, YOU AGREE TO ALL THE TERMS SET FORTH IN THIS REFERRAL AGREEMENT, which is entered into by and between you and Catchpoint Systems, Inc., a Delaware corporation, with a mailing address at 228 Park Avenues South, #28080, New York, NY 10003 (“Catchpoint Systems”) as of date of submission (the “Submission Date”).

  1. Submission. Submission of this referral form does not guarantee payment of a referral fee. Catchpoint Systems reserves the right to reject referred prospects (each, a “Prospect”) in the event that: (a) Catchpoint Systems is not interested in working with the Prospect; (b) Catchpoint either has an existing relationship with the Prospect or is in active discussions with the Prospect to enter into a business relationship; or (c) you or a family member are employed by, consult for, advise, or otherwise have a business relationship with the Prospect, or if in Catchpoint Systems’ discretion a referral by you of the Prospect is otherwise improper. A “Qualified Referral” is defined as a Prospect with which: (w) Catchpoint Systems does not have an existing relationship; (x) Catchpoint Systems is not in active discussions; (y) Catchpoint Systems wishes to arrange a meeting with the Prospect; and (z) Catchpoint Systems has subsequently met (whether in person, by telephone, by email or any other means), and the meeting has resulted in the execution of an agreement for Catchpoint Systems’ services within four (4) months of the Submission Date (a “Service Agreement”). The parties acknowledge, however, that Catchpoint Systems shall have no obligation to do business with any Prospect.
  2. Compensation. Catchpoint agrees to pay you a fee for each Qualified Referral that results in a Service Agreement (the “Fee”). The Fee shall be five percent (5%) of the gross revenues actually paid to Catchpoint Systems for the recurring license of Catchpoint Systems’ services to the Prospect under the Service Agreement during the initial twelve (12) months of such Service Agreement, less any taxes. The Fee expressly does not include professional services, hardware, any customization, any one-time set-up fees, or any integration fees. Catchpoint Systems shall pay the Fee accrued in each calendar quarter within thirty (30) days following the end of such calendar quarter.
  3. Marks. No license to use, display, or reference any of Catchpoint’s indicia, trademarks, service marks, trade names, logos, symbols and or brand names is granted to you under this Agreement.
  4. Term and Termination. The term of this Agreement shall commence on the Submission Date, and continue in effect for a period of six (6) months, or until terminated by a party for any reason whatsoever by providing thirty (30) days written notice to the other party. A party may terminate this Agreement with cause in the event of a material breach of this Agreement by the other party, which breach remains substantially uncured within fifteen (15) days following receipt from the terminating party of a written notice of breach.
  5. LIMITATION OF LIABILITY AND DAMAGES. NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY IN TORT, CONTRACT OR UNDER ANY OTHER LEGAL THEORY FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL LOSS OR DAMAGES ARISING OUT OF THIS AGREEMENT, EVEN IF APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING. EACH PARTY’S LIABILITY FOR ALL CLAIMS ARISING OUT OF THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL BE LIMITED TO THE AGGREGATE FEES PAID BY CATCHPOINT TO YOU UNDER THIS AGREEMENT IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE MONTH IN WHICH THE FIRST SUCH CLAIM AROSE.
  6. Confidentiality. Each party may receive confidential information of the other party, including, without limitation, any information that is marked as “confidential” or should reasonably be understood to be confidential or proprietary to the disclosing party. The receiving party agrees that for the Term and thereafter, the receiving party will not disclose any confidential information of the disclosing party to any third party, nor use the Confidential Information for any purpose not permitted by this Agreement. The nondisclosure obligations set forth in this Section shall not apply to information that the receiving party can document is generally available to the public (other than through breach of this Agreement) or was already lawfully in the receiving party’s possession at the time of receipt of the information from the disclosing party. Notwithstanding the foregoing, the receiving party may disclose confidential information in response to a valid order by a court or other governmental body, as otherwise required by law or as necessary to establish the rights of either party under this Agreement, so long as prior to such disclosure, the receiving party provides the disclosing party with sufficient notice to permit the disclosing party the opportunity to seek a protective order, and in the absence of a protective order, the receiving party uses reasonable efforts to seek confidential treatment for the disclosed confidential information, and discloses only that portion of the confidential information that its counsel advises is legally required to be disclosed.
  7. Miscellaneous. This Agreement shall be governed by the laws of the State of New York, United States of America, without regard to conflicts of law provisions, and the parties consent to the exclusive jurisdiction and venue of the state and federal courts sitting in the State of New York, County of New York. No waiver, amendment or modification of any provision of this Agreement shall be effective unless it is in a document that expressly refers to this Agreement and is signed by both parties. The parties are separate and independent legal entities, and the relationship between the parties shall be that of independent contractors. It is expressly understood that the parties do not by this Agreement intend to form, nor shall this Agreement be construed to constitute, a partnership or joint venture between them. If any provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, invalid or unenforceable, the legality, validity and enforceability of the remaining provisions shall not, in any way, be affected or impaired thereby.
  8. In the event that any company for which you work or consult has a separately negotiated resale or referral agreement with Catchpoint Systems, that agreement will control the submission of this referral form and you will not receive any compensation hereunder.