Accounting Professionals Program Terms of Service

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Accounting Partner Program Terms of Service

Last Updated: May 19. 2023

FreshBooks Accounting Partner Program

The FreshBooks Accounting Partner Program (referred to as the “Program” in this document) provides accounting professionals the ability to promote the FreshBooks cloud accounting product to their small business clients. Participation in the Program may assist accounting professionals in expanding their reach and finding new business. The Program includes a free accountant training session that teaches partners the benefits of using the FreshBooks services.

FreshBooks reserves the right, in its sole discretion, to change, modify or otherwise alter these Terms of Service at any time. Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revised Terms of Service, and your continued participation in the Program after such time will constitute your agreement to be bound by such modified Terms. You should from time to time review these Terms to understand the terms and conditions that apply to your participation in the Program. These Terms will always show the ‘last updated’ date at the top.

Eligibility Requirements

Program partnership is available to accounting professionals who are self-employed or in private practice that provide accounting, advisory, consulting, tax preparation or bookkeeping services to multiple clients on a fee-paying basis. To participate in the Program you must be an accredited accountant or bookkeeper providing services in accordance with any regulatory or legal requirements for your profession, and by applying to join the Program, you represent and warrant to FreshBooks that you are in good standing with any regulatory body governing your profession and compliant with any laws, rules or regulations that govern your provision of services. FreshBooks reserves the right to restrict or limit availability of the Program to entities or individuals as it deems appropriate in its sole discretion without advance notice required.

Partnership Benefits

Certification. Some benefits of the Program partnership require certification by the FreshBooks team.

Free Account. Program partnership includes a royalty-free, non-transferable, non-exclusive license to one (1) FreshBooks account, subject to the license terms available here, for internal use and/or to support services provided to your clients who use FreshBooks.

Affiliate Account. Upon completion of the FreshBooks Accountant Training, partners will be invited to sign up for a FreshBooks Affiliate account whereby they will receive affiliate commissions as outlined in the affiliate program.

Referral Discount. Program partnership includes a referral discount that partners can provide to their clients to be applied to the client’s new Lite/Plus/Premium FreshBooks subscription.

Reseller Account. Program partnership includes the right for qualified Program partners to resell the FreshBooks cloud accounting product to their small business clients. As a reseller participant in the Program, Program partners will be able to purchase subscriptions on behalf of their clients at a discount that can be kept by the Program partner or passed along to their clients. Program reseller partners will be able to open a FreshBooks account on behalf of their clients and will have the ability to access those accounts. Program reseller partners who participate in the Program and their clients will be subject to the FreshBooks’ policies posted on its site, including the Terms of Service and Privacy Policy. Program reseller partners will disclose to their small business clients that they participate in the resale Program and are remunerated for such participation.

Accountant Directory. Qualified Program partners will be added to the designated directory of accounting professionals who are part of the Program. This provides the opportunity to be matched with FreshBooks customers seeking advisory, consulting, and strategy services.

Dedicated Account Management & Support. Partners of the Program will receive dedicated FreshBooks support via email at accountants_help@freshbooks.com.

FreshBooks Marks. “FreshBooks Marks” refers to trademarks, trade names, logos, service marks, domain names and URLs found at staging-web-k8s.freshenv.com, which FreshBooks may change from time to time at the discretion of FreshBooks. Program partnership includes a limited, non-exclusive, royalty-free, non-transferable, worldwide license, without the right to sublicense, for you to use, reproduce, publicly perform, distribute and display FreshBooks Marks solely in the form delivered by FreshBooks, and solely in connection with the Program.

FreshBooks reserves the right, in its sole discretion, to modify any or all of the partnership benefits provided under the Program at any time.

Conduct of Business

As a FreshBooks Program partner, you covenant, represent and warrant that you will conduct business and provide services: (a) in a manner that reflects favorably at all times on the products, services, goodwill and reputation of FreshBooks; (b) in full compliance with all applicable laws and regulations; and (c) in full compliance with all agreements you may have with FreshBooks including without limitation the FreshBooks Terms of Service. You further agree: (i) not to engage in deceptive, misleading or unethical practices; (ii) not to make any statements, representations, warranties, or guarantees to customers that are inconsistent with the policies established by FreshBooks; (iii) to provide support and services of the highest quality and integrity; and (iv) to use best efforts to resolve any complaints or disputes with your clients regarding your services under the Program in a fair and timely manner. You agree not to use or display any materials or content on your Web site in a manner that is, as determined by FreshBooks in its sole discretion, defamatory, misleading, libelous, obscene or otherwise potentially damaging to the reputation of FreshBooks, or the goodwill associated with FreshBooks.

Program partners who participate in the Program must comply with all laws, rules, regulations, codes of professional conduct, including those promulgated by their regulating bodies, applicable to them as accounting professionals.

CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION OF SUCH PERSON FROM PARTICIPATION IN THE PROGRAM. SHOULD SUCH AN ATTEMPT BE MADE, FRESHBOOKS RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING LEGAL COUNSEL FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

PRIVACY. Any personal information collected by FreshBooks is collected, used and disclosed in accordance with the terms of the FreshBooks Privacy Policy.

FORCE MAJEURE. FreshBooks shall not be liable for any delay or failure in performance whatsoever due to Acts of God, earthquakes, shortages of supplies, transportation difficulties, labor disputes, riots, war, fire, epidemics and similar occurrences. The obligations and rights of FreshBooks shall be extended on a day-to-day basis for a period of time equivalent to the period of the delay.

NO AGENCY. You have no right or authority to, and shall not, assume or create any obligation of any nature whatsoever on behalf of FreshBooks or bind FreshBooks in any respect whatsoever. FreshBooks may restrict or limit availability of the FreshBooks platform to any individuals or entities on terms it deems appropriate in its sole discretion. Nothing contained in these terms will be deemed or construed to create the relationship of a legal partnership or joint venture or a relationship of principal and agent, employer-employee, master-servant, or franchisor-franchisee between Program partners and FreshBooks, and no provision contained herein will be deemed to create any relationship between the parties hereto other than the relationship of independent parties contracting for services.

Indemnification

You will indemnify and defend FreshBooks (its employees, directors, officers) and its affiliates, subsidiaries and agents (“Indemnified Parties”) from any and all claims, actions, proceedings, liabilities, losses, damages, costs or expenses (including reasonable attorneys’ fees) incurred by the Indemnified Parties resulting from, or arising out of or in connection with any breach by you of any covenant, representation or warranty by you under this Agreement.

Limitation of Liability

Partnership of the Program is on a voluntary basis and the Program is provided ‘as is’ with no representations, warranties or guarantees of any kind. FreshBooks shall have no liability to you or any other person or entity for any damages, expenses or costs of any kind (whether arising from this agreement, related to the FreshBooks, the Program or to any services provided to you by FreshBooks) including, but not limited to, loss of profit or other commercial or economic loss, whether arising from contract, equity, tort (including negligence or strict liability) or any other theory of liability, even if FreshBooks has been advised of the possibility of such damages, or they are foreseeable.

Suspension

FreshBooks reserves the right to suspend participation in the Program to entities or individuals as it deems appropriate in its sole discretion without advance notice required.

Termination

FreshBooks may terminate your participation in the Program at any time, with or without cause, by written notice to you. In such an event, access to your FreshBooks account will be deactivated and you must discontinue all use of FreshBooks Marks, cease any and all activities or public statements or representations that you are a partner in the Program, and you will be removed from the FreshBooks Accountant Directory. In the event FreshBooks deactivates your account, all saved content will be deleted.

Confidentiality

As a partner of the Program, you agree that any information FreshBooks discloses to you that is identified by FreshBooks as confidential or proprietary, or is otherwise not generally available to the public, or given its nature should be reasonably understood to be confidential, is confidential information and that you will not disclose such confidential information without FreshBooks’ prior written consent.

General Provisions

These Terms (including the license terms incorporated herein and accessible through the link under “Partnership Benefits” section) constitute the entire agreement between the parties relating to the Program. These Terms may be modified by FreshBooks issuing a new posting of these Terms on the website. If any part of these Terms is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. The failure of FreshBooks to exercise or enforce any right or provision under these Terms shall not constitute a waiver of such right or provision. Any waiver of any right or provision by FreshBooks must be in writing and shall only apply to the specific instance identified in such writing. You may not assign the terms of use, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without FreshBooks’ prior written consent.