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Terms

Terms of the contractual relationship between FLUIDAttacks and its PARTNERS (be them channels or integrators). Commissions, cut-off dates, and goals to be achieved to stay within a commission range are specified, among other aspects. These can change at any time and are established only by signing the physical document.

  1. FLUIDAttacks together with the PARTNER will set the final sale price for each CUSTOMER.

  2. The final price for the CUSTOMER will be the base value used to calculate the commission to be paid to the PARTNER.

  3. FLUIDAttacks will always be a visible brand to the end CUSTOMER. Co-branding is also an option, but white-labeling is not.

  4. All the PARTNERS start with a minimum commission of 30%, until 2 cut-off dates have elapsed.

  5. The cut-off date will be December 31 of each year.

  6. Every 15th of January after the second cut-off date, the growth of the cash collected by FLUIDAttacks between the two previous cut-off dates will be evaluated to determine the commission of the year that starts:

    1. If the growth was equal to, or greater than 30%, the PARTNER will receive a commission of 30%.

    2. Otherwise, the commission will be of 15%.

  7. If the PARTNER wishes to add more value to the CUSTOMER on their own accord, the commission can be higher, with previous mutual agreement of: added value that will be given by the PARTNER, minimum and desired final price, and commision percentage for the PARTNER (higher than 30%).

    1. This option is also susceptible to the 15 percentual points reduction in the comission (50% of the minimum 30%) if there is no yearly growth.

  8. FLUIDAttacks will bill the end CUSTOMER and collect the payment from the USA, through an automatic recurring system on the Internet which requires credit card.

    1. In any other situation, or at the PARTNER’s will, the PARTNER will be in charge of billing and collection. Any risk or delay derived from the non-payment of the end CUSTOMER will not be transfered to FLUIDAttacks.

  9. FLUIDAttacks will start the service 1 day after receiving the payment regarding configuration and first month of service.

    1. From the second month of service and on, the CUSTOMER or the PARTNER has a grace period of 15 days without payment before the service is suspended.

  10. All services will be provided remotely.

  11. In case the FLUIDAttacks employee needs to travel:

    1. FLUIDAttacks will pay for the time and air tickets.

    2. The PARTNER must cover every additional expense that is required.

  12. FLUIDAttacks does not sign exclusivity with any PARTNER.

  13. The PARTNER must sign a confidentiality and non-solicitation agreement.

  14. Each party is responsible for paying their respective taxes based on the USA tax legislation.

  15. The PARTNER is obliged to inform in advance about the potential CUSTOMERS where FLUIDAttacks professional services will be presented.

  16. If FLUIDAttacks bills the end CUSTOMER in Latin America, the contractual relationship between the PARTNER and FLUIDAttacks will be carried out through a Letter of Attorney

  17. FLUIDAttacks will not approach the prospects that the PARTNER has nominated for sales if the PARTNER provides evidence of sales progress every 30 days or less.

  18. This agreement is reciprocal in its entirety, which means that the same clauses apply if FLUIDAttacks successfully sells the PARTNER.


Service status - Terms of Use