Definitions
The partner contract sets forth the agreement between xRM1 and the partner, as the implementation specialist for products of xRM1, where the partner is certified for by xRM1. The contract does not apply to any subsidiaries of the partner. Every subsidiary has to sign and comply with its own agreement.
For all customers and partners in the European Union and Switzerland, prices and amounts are in Euro (EUR / €). For customers and partners in all other countries worldwide, prices and amounts are in US Dollar (USD / $). For customers and partners in the U.S. and Canada, a specific North American price list in US Dollar is applicable.
Commission prerequisites and processing details
Commission Amount
If you are entitled for a commission, you will receive a commission accoding to the percentage of your partner level based on the total procured net amount after discount. Discounts given to the customer that were not accredited by xRM1 in advance, will be deducted from the commission amount.
Commission Calculation
For licenses that are purchased by the customer, the commission is based on the net amount of all sold licenses as a one-time commission. For licenses that are used on subscription basis by the customer (SaaS), the commission is based on the periodic recurring net payments of the customer for the first 24 months of the contract duration – or shorter if canceled by the customer. Commissions are only available on license procurements. Other items (e.g. maintenance contracts) are not applicable for commissions.
Commission Payment General
We process our commissions at the beginning of each quarter for the previous quarter for all invoices that have been completely settled by the customer. You will receive a commission overview and a request for invoice for applicable commissions of the past quarter.
As soon as we have received your commission invoice we will process the payment within 30 days at the latest. Commission transfers will be processed as international wire transfers (MT103 SWIFT; SEPA for EU) with charge option BEN (beneficiary), meaning that partner will receive payment minus all transfer charges.
Commission Prerequisites
The following prerequisites are applicable for all commission payments:
- The partner complies with the regualtions of this contract at the time where the deal is closed;
- The xRM1 licenses have to be bought upfront of the implementation of the software;
- The partner provides xRM1 the customers Microsoft VOICE ID and Microsoft CRM contract numbers; xRM1 will use this information for reporting Influenced Revenue towards Microsoft. xRM1 will not use the information to claim CSA Fee.
- The customer has completely settled all commission related xRM1 invoices.
For lead commisions the additional prerequisite is applicable, that the lead was generated by the partner and was not known by xRM1 before.
Cooperation Guidlines
xRM1 ensures customer protection for partners accounts and leads. To participate in the customer protection guidelines, it is necessary that xRM1 knows the customer name and that this customer is not already a potential sales opportunity processed by xRM1. Therefore it is recommend that partner notifies xRM1 as soon as possible about a new lead or customer and provides xRM1 all necessary details.
If and when the customer contacts xRM1, xRM1 will ensure that the customer is directed to the partner that referred them.
Should several partners have the same customer, xRM1 will remain neutral and will not show preference to any particular partner by granting individual terms and conditions.
If a customer requests other services from xRM1, in particular customizing or consulting services regarding the xRM1 Business Solutions, xRM1 will refer them to the partner. If the partner does not provide the services to the customer, xRM1 is authorized to recommend another partner or provide that required service directly to the customer.
If the customer is already a prospect by xRM1 and there have already been multiple sales activities by xRM1 or another partner, the partner will not be entitled for a commission from the license procurement. xRM1 will provide verification, that there already have been activities by xRM1 or another partner.
Legal status of partner
xRM1 grants the partner non-exclusive rights to promote and to merchandise the xRM1 Business Solutions and the respective implementation services. Partner is not authorized to act as the legal agent of xRM1. The partner acts in its own behalf. The partner is responsible for end-user support to the customer. xRM1 provides technical support and maintenance to the customer.
Confidentiality and Non-Disclosure
Definition of Confidential Information.
“Confidential Information” means any information provided by either party or prepared by either party (either oral, written, or digital) upon review of such information, technical data, or know-how provided to either party by the other (including any director, officer, employee, agent, or representative of the other) or obtained by either party from the other (including any director, officer, employee, agent, or representative of the other) including but not limited to, that which relates to research, product plans, products, services, customers, markets, software, developments, inventions, processes, designs, drawings, engineering, hardware configuration information, marketing or finances of the disclosing party.
Confidential Information does not include information, technical data or know-how which (i) is in the possession of the receiving party at the time of disclosure as shown by the receiving party’s files and records immediately prior to the time of disclosure, or (ii) prior to or after the time of disclosure becomes part of the public knowledge or literature, not as a result of any improper inaction or action of the receiving party, (iii) is expressly approved by the disclosing party, in writing, for release, or (iv) comes into the possession of the receiving party from a third party that was not, to the recipient’s knowledge, subject to any confidentiality restriction, or (v) is required by law to be disclosed by the receiving party, provided that the receiving party shall give the disclosing party written notice of such requirement prior to disclosing so that the disclosing party may seek a protective order or other appropriate relief and such protective order or like relief was not obtained.
Non-Disclosure of Confidential Information
Each party hereby agrees not to use or disclose any Confidential Information provided to it by or obtained by it from the other party for any reason, including its own use of, for any purpose except to carry out discussions concerning, and the undertaking of, the Relationship.
Neither party will, except as required by law or court order, disclose any Confidential Information of the other party to unrelated third parties or to employees, agents or professional advisors of the party receiving Confidential Information, except employees, agents or professional advisors who are required to have the information in order to carry out the discussions in connection with and regarding the undertaking of the Relationship, and who have agreed to terms at least as restrictive as those set forth in this Agreement and who have been instructed that such information has been disclosed in confidence.
Each party is responsible for any breach of this Agreement by the party’s employees. Each party agrees that it will take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of the other party in order to prevent it from falling into the public domain or the possession of persons other than those persons authorized under this Agreement to have any such information.
Such measures shall include the highest degree of care that the receiving party utilizes to protect its own Confidential Information of a similar nature. Each party agrees to notify the other in writing of any misuse or misappropriation of Confidential Information of the disclosing party immediately after such misuse or misappropriation.
Each party agrees not to, without the written permission of the other party, (i) copy the Confidential Information, (ii) modify the Confidential Information in any way, (iii) remove any proprietary rights or copyright notices on the Confidential Information, or (iv) take any other action with respect to the Confidential Information of the other party inconsistent with the confidential and proprietary nature of such Confidential Information.
Term
The foregoing commitments of each party shall survive any termination of the Relationship between the parties, and shall continue for a period terminating three (3) years from the date on which such Confidential Information is disclosed under this Agreement.
Trademarks and Copyright Notices
xRM1, CRM-Project, and other xRM1 Business Solution trademarks and terms are protected under copyright. The copyrights will remain with xRM1 – respectively itara GmbH. Copyright notices, serial numbers, and other means of identification of xRM1 Business Solutions may not be changed or removed by the partner. The partner shall add a note to its integrated products indicating that these integrated products include software that is protected by copyright and owned or granted by xRM1.
Commission for xRM1 regarding procured partner services
xRM1 will receive commissions for projects generated by xRM1 where xRM1 has generated the lead and the partner was able to deliver and invoice services to the customer.
|
Lead provided from xRM1 to partner |
Value |
|
Project Revenue Commissions from partner to xRM1 |
5% |
|
Project revenue runtime |
24 months |
Implementation and Inner Circle Partner only
Commission for procured xRM1 licenses
xRM1 pays commissions for leads and license deals according the prerequisites and processing details for commissions.
|
License Commissions from xRM1 to partner |
Implementation Partner |
Inner Circle Partner |
|
Lead from partner |
5% |
5% |
|
Complete License Deal |
10% |
10% |
|
Subscription runtime |
max. 24 month |
max. 24 month |
Commission Payment Regulations for Implementation and Inner Circle Partners
We process our commissions at the beginning of each quarter for the previous quarter for all invoices that have been completely settled by the customer. Once we process your commissions we will first upload partners service allotment to the minimum required amount according to the partner level and competencies. The remaining amount will be distributed to the partner. Therefore partner will receive a commission overview and a request for invoice for applicable commissions of the past quarter.
Furthermore the general "commission prerequisites and processing details" apply.
Internal Use Licenses for Partner
During the duration of the partner contract, the partner gets internal use licenses according to the partner level and partner solution compentency.
|
Internal Use Licenses |
Implementation Partner |
Inner Circle Partner |
|
Provided Partner Licenses (Free of charge) |
50 per solution |
Unlimited, all solutions |
The licenses will be issued for the duration of 1 year. As long as the partner continues with its partner contract and complies with the obligatoins and rerequisits, the internal use licenses will be annually extended.
Development Licenses for Customer Projects
For development systems operated by xRM1 Implementation Partners for specific customer projects (customer has already ordered licenses with xRM1), the partner will be provided with the following for the duration of 3 months upon signing the order: 2 license files including 10 licenses each for all license types per solution.
If necessary, the key can be extended by an additional 3 months (approval by xRM1 Sales Director is required)
Should license requirements for those systems exceed above-mentioned conditions, they can be ordered based on our current price list.
Note: The organization and display name must clearly state customer name and purpose.
Sales and Marketing
Depending on the partner level, partner should have a different focus regarding marketing and sales and will receive different support regarding marketing and sales activies from xRM1.
|
Sales and Marketing |
Implementation Partner |
Inner Circle Partner |
|
Target group for marketing activities of partner |
Multiple existing and new customers of the partner |
Customers and prospects of a region or a specific industry |
|
xRM1 Licenses are sold by |
xRM1 with support of partner |
Partner with support from xRM1 |
|
Marketing material access |
yes |
yes |
|
Assigned xRM1 account manager level |
Senior consultant |
Managing consultant |
|
Availablitiy of xRM1 staff for events (e.g. exhibitions) |
N/A |
situatively / on request |
Consulting and Support
Depending on the partner level, partner will have access to different consulting documents from xRM1.
|
Consulting materials available to partner |
Implementation Partner |
Inner Circle Partner |
|
Access to SureStep Implementation Toolbox |
for specific solution(s) |
for all solutions |
|
Access to Implementation templates |
for specific solution(s) |
for all solutions |
Depending on the partner level, partner will have access to different support options from xRM1.
|
Support available to partner |
Implementation Partner |
Inner Circle Partner |
|
xRM1 development support for industry solutions |
No |
Yes |
|
Technical support hotline for partner |
Yes |
Yes |
Assistance from xRM1
Depending on the specific partner level, the following assistance options are available to the partner.
Sales Activities
xRM1 will do the main part of in sales for xRM1 Business Solutions. Experienced sales experts and account managers are focused on closing the license deal and the according implementation as fast as possible. The partner should participate in the sales process and support xRM1 with on-site appointments at the customer and pre-sales consulting during the evaluation phase.
Marketing Assistance
For marketing purposes, there are Powerpoint presentations, templates, product flyers, brochures, logos, and rollup banner stands available in several languages. Information and pictures are available for the partner websites. Partner campaigns are supported by xRM1 depending on the expected lead volume and the estimated conversion rate. Details on campaign support have to be discussed with the xRM1 partner account manager.
Training, Support and Services
Partner is entitled to consume services from xRM1 for training and certification of the employees and for support within customer implementation projects.
Examples for the services available by xRM1 are:
- Requirements analysis
- Process modelling and best practices
- End-user support
- System configuration
- System modifications (customizations, workflows, JavaScript, dialogues, roles and rights)
- Programming solution extensions (plugins, Silverlight, and HTML5)
- ERP integration
- Integrating a third-party system (SharePoint, etc.)
Payment, Billing & Invoicing
All services requested by partner are cleared with partners service allotment. The initial credit balance is done through the initial service allotment deposit by the partner.
- xRM1 provides services based on effort.
- All services are billed and deducted from the available credit balance.
- Partner will receive a timesheet at the end of the month, or prior to the depletion of the balance.
- If credit balance is consumed, xRM1 will conveniently reload it upon depletion with upcomming commission amounts on a quarterly basis.
- At the beginning of a new partner contract year: if credit balance is not according to the requested minimum amount according to the partner level, xRM1 will request partner to reload the difference.
Pricing
xRM1 services are done based on time and material. Billing is according to xRM1 daily rates. Travel costs are billed based on the fixed rates stated below. For partner internal used services (e.g. employee training) a special partner price list is available.
All services are delivered according to the current applicable terms & conditions for service deliveries by xRM1.
Prerequisites and Obligations of Partner
Depending of the partner level, partner has to comply with the following prerequisites and obligations. Partner needs to specialize for one or many xRM1 solutions. All conditions as set forth hereinbelow apply to a single xRM1 solution. Partner has to comply with all these conditions for each solution partner wants to specialize in.
|
Prerequisites and obligations of partner |
Implementation Partner |
Inner Circle Partner |
|
Achieved Microsoft Dynamics CRM Competency (minimum) |
Silver (VAR) |
Gold (VAR) |
|
Contract |
Signed Implementation Partner Contract |
Valid Implementation Contract + annual nomination by xRM1 |
|
Required service allotment for xRM1 services |
2,400 € / $ 3,000 |
8,000 € / $ 10,000 |
|
Deposit of initial service allotment amount |
Deposit paid |
Deposit paid |
|
Partner has specialize and achive competency for |
at least one xRM1 solution |
all xRM1 solutions |
|
Qualification for solution specialization |
According to section |
According to section |
|
Minimum number of different certified partner employees |
2 |
3 |
|
Minimum annual license procurement |
100 seats |
1000 seats |
|
Minimum implementation projects |
3 |
5 |
|
Business plan |
optional |
validated by xRM1 |
Partner Education
To provide evidence of the achieved competencies, the following educations for the stated amount of employees is required for each xRM1 Business Solution. Each achieved training certificate is valid for 2 years.
If partner loses a trained and certified employee during a partnership contract year, partner has to train and certify a substitute within 3 months after the leaving of the certified employee. Otherwise partner will no longer be entitled for any commission payments.
|
Partner Education per solution |
Implementation Partner |
Inner Circle Partner |
|
2 day basic feature training and best practises certificate |
1 employees |
2 employees |
|
1 day advanced feature training certificate (incl. customizing and development) |
Not required but highly recommended |
1 employee |
|
1 day xRM1 sure-step implementation training |
1 employee |
1 employee |
|
1 day pre-sales consulting and approaches in real-time presentation training |
Not required but highly recommended |
1 employee |
Contract Duration, Cancellation and Downgrading
This contract is valid for one year. The contract will be renewed automatically for another year, as long as
- it is not canceled by one of the parties
- partner complies with the obligations of the contract.
Either party may terminate this contract in writing by giving a four weeks notice periode to the end of the contract duration. xRM1 may terminate the agreement without notice if the partner does not comply with the obligations.
Downgrading from Inner Circle Level
If partner was nominated for the Inner Circle Level by xRM1, the contract will automatically renew in the Implementation Partner level as long as partner is not nominated again by xRM1 for Inner Circle Level.
Downgrading from Implementation Partner Level
If partner does not comply with the obligations of the contract and xRM1 does not cancel the contract, the partner level will be automatically reduced to the Referral Program. Partner then will lose all benefits of the Implementation Partner Program.