Partner Program Application

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If you have any questions, contact us at 800-606-1415.
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Bullseye Partner Program Agreement Terms and Conditions:

THIS PARTNER AGREEMENT (“AGREEMENT”) APPLIES TO A POSSIBLE RELATIONSHIP BETWEEN YOU AS AN INDIVIDUAL,  THE COMPANY, OR LEGAL ENTITY (“YOU”)  AND ELECTRIC VINE INC., DOING BUSINESS AS (“BULLSEYE LOCATIONS”) WHEREBY YOU WILL RESELL, PROMOTE, MARKET, AND PROVIDE CERTAIN BULLSEYE PRODUCTS AND SERVICES (“SERVICES”) IN ACCORDANCE WITH THE BULLSEYE PARTNER PROGRAM (“BPP”) TERMS AND CONDITIONS.  PLEASE READ ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY.  

BY COMPLETING AND SUBMITTING THE BULLSEYE PARTNERSHIP PROGRAM APPLICATION (“APPLICATION”), YOU ACKNOWLEDGE THAT: (A) YOU HAVE READ ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT; (B) YOU UNDERSTAND ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT; AND (C) YOU AGREE TO BE LEGALLY BOUND BY ALL OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. 

IF YOU DO NOT AGREE WITH ANY OF THE TERMS OR CONDITIONS OF THIS AGREEMENT, DO NOT COMPLETE THIS PARTNER APPLICATION AND DO NOT USE ANY PORTION OF THE BULLSEYE LOCATIONS PRODUCT.  THE “EFFECTIVE DATE” OF THIS AGREEMENT IS THE DATE UPON WHICH YOUR BULLSEYE PARTNERSHIP PROGRAM APPLICATION IS SUBMITTED.  

1.    Termination
(a)    These Terms and Conditions will remain in effect until terminated by either of the parties in accordance with the terms hereunder. Bullseye Locations may terminate these Terms and Conditions at any time without cause on thirty (30) days prior written notice to You.  These Terms and Conditions will terminate automatically upon the occurrence of bankruptcy, insolvency, dissolution, or abandonment of business efforts of either party.
2.    Reseller Terms and Conditions
(a)    Bullseye Locations hereby  grants to You the non-exclusive right, for the term that the Terms and Conditions are in effect, to promote, distribute, and resell the Services to End Users on a stand-alone basis or as part of a bundled or integrated solution with other computer programs and services or as enhancements thereof. For the purposes of this Agreement, “End User” means a third party that desires to acquire the Services for its own use, rather than for resale or distribution. Except as expressly permitted herein, You will not authorize or appoint, unless expressly authorized in writing by Bullseye Locations, any dealers, agents, representatives, subcontractors, or other third parties to resell, promote, market, or provide the Services. 
(b)    Provided that You meet the terms and conditions set forth in this Agreement, You shall receive a 20% discount off the current published end-user pricing as listed on the Bullseye Locations website (www.bullseyelocations.com). You can use the Bullseye Locations Partner Portal for subscribing on behalf of your customers either with Your credit card or by using your customer’s credit card.   You have the unrestricted right to determine the prices at which you resell any of Bullseye Locations subscriptions to your customers.
(c)    You shall sign up new End Users through the www.BullseyeLocations.com Partner Portal (“Portal”)
(d)    You shall be responsible for commencing End User’s subscription and for terminating End User’s subscriptions through the Portal. 
(e)    You shall promote, distribute, and resell the Services and perform its other obligations hereunder in accordance with the highest professional standards and all applicable laws.
(f)    Bullseye Locations will further make reasonably available to You any training and support services with respect to the Services that are then-currently available from Bullseye Locations to other Partners. 
(g)    Bullseye Lcoations will provide the Services as set forth in Bullseye Locations then-applicable standard terms and conditions located at http://www.bullseyelocations.com/terms.
(h)    You agree that you will be responsible and legally liable under the Terms and Conditions for the actions of Your End Users related to any Services ordered by You. You are fully responsible and liable for all acts and omissions of End Users, and any act or omission by any End User that would be a breach of these Terms and Conditions will be deemed to be a breach of these Terms and Conditions by You. You will notify Bullseye Locations immediately upon discovery of any unauthorized use of the Services, or any other breach of any Bullseye Locations terms and conditions by an End User and will reasonably cooperate with Bullseye Locations in the investigation and prosecution of such unauthorized use. 
(i)    You will bear all responsibility associated with collections from End Users for the Services ordered by You.  You shall pay Bullseye Locations for all Services procured by you hereunder regardless of whether an End User pays the fees due pursuant to its contractual arrangement with the End User related to any Services ordered by You. 
(j)     As between Bullseye Locations and You, all right, title, and interest in and to the ownership of the Services, documentation, and any other proprietary materials provided by Bullseye Locations to You (“Bullseye Locations Licensed Materials”) in connection with the Services (or derivative works thereof), including without limitation any and all intellectual property or proprietary rights associated with the Bullseye Locations Licensed Materials, will remain at all times exclusively with Bullseye Locations.  You will not acquire any rights in the Bullseye Locations Licensed Materials other than as expressly granted in this Agreement. All rights not specifically granted to You hereunder are reserved to Bullseye Locations. 
(k)    You shall further keep Bullseye Locations reasonably informed of any problems encountered with the Services of which You are aware and as to any resolutions arrived at for those problems, including without limitation any modifications or improvements to the Services. 
3.    Partners
(a)    You agree that Bullseye Locations may, in Bullseye Location’s sole discretion, publicly refer to You, orally and in writing, as a participant in Bullseye Location’s Partner Program. You grant to Bullseye Locations and those acting with Bullseye Location’s authority the absolute right to use Your name, trademark, image, logo, customer lists, or any other information provided to Bullseye Locations for any purpose in connection with the Bullseye Partner Program.
(b)    Bullseye Locations reserves the right in its sole discretion to re-examine Your partnership status on a monthly basis to determine whether You continue to meet the qualifications and requirements of the Bullseye Partner Program, as designated by Bullseye Locations from time to time. If You fail to meet the criteria for the BPP, then Bullseye Locations may terminate Your partner status, in which case any new commissions or discounts will be immediately rescinded.
4.    Relationship
(a)    Bullseye Locations and You are independent contractors and nothing contained in these Terms and Conditions places Bullseye Locations and You in the relationship of principal and agent, master and servant, partners, or joint venturers. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.
(b)    Bullseye Locations may from time to time and in its sole discretion provide to You promotional materials with respect to the Services, and You may use and display such promotional materials in promoting the applicable Services to potential customers, end users, or other third parties. You may, at your own expense, provide materials and advertising to promote the Services; provided, that such promotional materials have been pre-approved in writing by Bullseye Locations in each instance and comply with all applicable laws, rules and regulations, and all trademark and other Bullseye Locations rules and policies.
(c)     You and Bullseye Locations shall exercise a duty of good faith and fair dealing between one another during the performance of this Agreement. Bullseye Locations will provide information about itself and its business to reasonably enable You to make a fair and accurate representation to potential customers, end users or other third parties about Bullseye Location’s business. You warrant that any information subsequently provided to potential customers, end users, or other third parties about Bullseye Locations will be accurate based on information actually received from Bullseye Locations. 
(d)    You and Bullseye Locations are free to enter into similar agreements with other people and entities. You and Bullseye Locations further agree that no exclusive arrangement is implied or agreed to as a result of Bullseye Locations agreement to pay commissions hereunder or to allow You to resell, market, promote, or provide the Services to potential customers or end users.
5.    Intellectual Property
(a)    Bullseye Location’s trademarks, tradenames, service marks, logos, other names and marks, and related product and service names, design marks, and slogans are the sole and exclusive property of Bullseye Locations. Except as otherwise provided in these Terms and Conditions, You may not use any of the foregoing in any manner without the prior written consent of Bullseye Locations.
(b)    Any feedback, data, information, answers, questions, comments, suggestions, improvements, modifications, ideas, or the like which You send to Bullseye Locations relating to any products or services provided by Bullseye Locations will be treated as being non-confidential and non-proprietary. Bullseye Locations may use, disclose, or publish any ideas, concepts, know-how, or techniques contained in such information for any purpose whatsoever.
6.    Warranties
(a)    Disclaimer of Warranties. Except where expressly provided in Bulseye Location’s then-applicable standard terms and conditions located at http://www.bullseyelocations.com/terms. Bullseye Locations makes no representations or warranties whatsoever to You regarding the Services and, to the extent permitted by applicable law, Bullseye Locations disclaims any and all other express or implied warranties or conditions not expressly stated herein including, without limitation, any warranties of merchantability, fitness for a particular purpose, and non-infringement. Nothing stated in this agreement will imply that the operation of any software will be uninterrupted or error free, or that  errors will be corrected. 
7.    Limitation of Liability
(a)    IN NO EVENT WILL BULLSEYE LOCATIONS OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE IN ANY WAY TO YOU FOR ANY LOST PROFITS OR REVENUES, LOSS OF USE, LOSS OF DATA OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS, LICENSES OR SERVICES OR SIMILAR ECONOMIC LOSS, OR FOR ANY PUNITIVE, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR SIMILAR DAMAGES OF ANY NATURE, WHETHER FORESEEABLE OR NOT, UNDER ANY WARRANTY OR OTHER RIGHT HEREUNDER, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OR NON-PERFORMANCE OF THESE TERMS AND CONDITIONS, REGARDLESS OF WHETHER YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES. IN NO EVENT WILL BULLSEYE LOCATION’S LIABILITY FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS OR RELATED TO THE BULLSEYE PARTNER PROGRAM, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED ONE HUNDRED U.S. DOLLARS ($100.00).
8.    Indemnification
(a)    You shall defend, indemnify, and hold harmless Electric Vine dba Bullseye Locations, its affiliates, and their respective present, former, and future officers, directors, employees, and agents, and their respective heirs, legal representatives, successors, and assigns (collectively, “Bullseye Location’s Indemnitees”) from and against any and all losses, damages, costs, liabilities, and expenses (including, without limitation, amounts paid in settlement and reasonable attorneys’ fees) that any of the Bullseye Locations Indemnitees may suffer, incur, or sustain resulting from or arising out of (i) Your breach of any representation, warranty, or covenant contained in these Terms and Conditions, (ii) services provided by You to any Bullseye Locations customer, (iii) third party claims of intellectual property infringement, and (iv) claims or actions of third parties alleging unfair or deceptive trade practices or false advertising in connection with statements or claims made by You pertaining to Bullseye Location’s services.
9.    Confidentiality
(a)    “Confidential Information” means all technical, business and other information of a party that is not generally known to the public, that derives value, economic or otherwise, from not being generally known to the public or to other persons who can obtain value from its disclosure or use, and which information is subject to efforts that are reasonable under the circumstances to maintain the secrecy thereof.
(b)    Each party will not, without the prior written consent of the other party, use or disclose to any Person any Confidential Information of the other party disclosed or made available to it, except for use of such Confidential Information as required in connection with the performance of its obligations or use of the Services hereunder. Each party will treat the Confidential Information of the other party as secret and confidential, limit access to the Confidential Information of the party to those of its employees who require it in order to effectuate the purposes of these Terms and Conditions, and not disclose the Confidential Information of the other party to any other Person without the prior written consent of the other party. Each party acknowledges that disclosure of any aspect of the Confidential Information of the other party will immediately give rise to continuing irreparable injury to the other party inadequately compensable in damages at law, and, without prejudice to any other remedy available to the other party, will entitle the other party to injunctive or other equitable relief.
(c)    The following will not be considered Confidential Information:
-    any information that the receiving party can demonstrate by written documentation was within its legitimate possession prior to the time of disclosure by the disclosing party,
-    any information that was in the public domain prior to disclosure by the disclosing party as evidenced by documents that were published prior to such disclosure,
-    any information that, after disclosure by the disclosing party, comes into the public domain through no fault of the receiving party,
-    any information that is disclosed to the receiving party without restriction by a third party who has legitimate possession thereof and the legal right to make such disclosure, or
-    any information that, two years after the exchange of such the Confidential Information, does not constitute a trade secret under applicable law.
10.    Miscellaneous
(a)    Governing Law. This Agreement and the rights of the parties hereunder shall be governed by and interpreted in accordance with the laws of the State of New Jersey, and the parties agree that any appropriate state or federal district court located in New Jersey, shall have the jurisdiction over any case or controversy arising hereunder and shall be the proper and exclusive forum in which to adjudicate such case or controversy. 
(b)    Dispute Escalation. The parties shall use reasonable efforts to resolve any breach relating to this Agreement through good faith negotiations and dispute escalation prior to either party taking any legal action with respect to such breach, except that either party may seek immediate injunctive relief or any alleged or perceived violation of the other party’s obligations with respect to Confidential Information. Such dispute escalation will involve senior representatives nominated by each party and, if reasonably required, ultimately include the executive management of each party if necessary. Only if such aforementioned dispute cannot be resolved through such dispute escalation within thirty (30) days from the expiration of the applicable cure period, would legal action be taken by either party to enforce its rights hereunder. 
(c)    Force Majeure. Bullseye Locations shall not be held in breach on account of any failure to perform the Services due to any causes that are beyond Bullseye Location’s reasonable control through commercially reasonable diligence. If any such cause occurs, Bullseye Locations will use commercially reasonable efforts to minimize its impact. 
(d)    Notices. All notices under this Agreement must be in writing and may be sent by any means of communication by which receipt may be verified. 
(e)    Assignment. You may not assign or transfer its right or obligations under these Terms and Conditions without the prior written consent of Bullseye Locations. Bullseye Locations may assign its rights and obligations under these Terms and Conditions, and may engage subcontractors or agents in performing its duties and exercising its rights hereunder, without the consent of You. These Terms and Conditions will be binding upon and will inure to the benefit of the parties hereto and their respective successors and permitted assigns.
(f)    Limitation of Actions. No action, regardless of form, arising by reason of or in connection with these Terms and Conditions may be brought by either party more than two years after the cause of action has arisen.
(g)    Entire Agreement; Severability. This Agreement sets forth the entire understanding between the parties relating to its subject matter. This Agreement may only be modified by a writing signed by both parties. The failure of either party at any time to require performance by the other party shall not be considered a waiver with regard to future performance, nor shall the waiver of any particular breach of any provision in this Agreement be considered a waiver of any subsequent or continuing breach.
I agree to the terms of the Bullseye Partner Agreement. Sign Up!
Customer Support 1-800-606-1415

Partner Program Application

Customer Support
1-800-606-1415
