This Terms of Service Agreement (the “Agreement”) is between you, the “Affiliate” and Odesso, a subsidiary of BPM Group, Inc. We provide Affiliates the with access to Materials (defined below) to facilitate sales which lead to creation, and management of applications on mobile, desktop, and cloud platforms directly through the associated domains of odesso.com.
All material and services available through Odesso or provided by BPM Group Inc, its partners, subsidiaries, employees, agents, licensors, or other commercial partners (including but not limited to software, documentation, layout design, graphics, audio, text, interactive messaging, files, documents, or other materials posted), or other derivative works (collectively, the ‘Materials’), are owned by us or other parties that have licensed their material or provided services to us, and are protected by trademark, copyright, and other intellectual property laws. Subject to this agreement, Odesso grants you the ability to a limited, revocable, nontransferrable and non-exclusive license to resell the Materials in accordance with the terms of this agreement. This license does not permit you to store, copy, reproduce, republish, modify, upload, scrape, rent, lease, loan, sell, transfer, or otherwise attempt to discovery any programming or source code used in the Materials provided. Any use of materials for purposes other than those permitted without prior consent of Odesso or our licensors is expressly prohibited. You further agree a) to not provide products and services to anyone who is not your employee and b) ensure all individuals permitted tohave agreed to comply with the terms of this agreement.
2. Duties and Rules
3. Sales Commissions
As an Odesso reseller - you will earn Referral fees equal to 5% of the setup fee, as well as 5% of the net monthly licensing fees. These fees will be determined with quote from a BPM Group Employee based upon the type of business, materials used, and estimated maintenance costs. Once that price is determined, the Affiliate will be responsible for collecting and paying that sum to BPM Group Inc on a monthly recurring basis. Due to fluctuation of upkeep costs, that price is subject to change, and Odesso will inform the Affiliate of any changes to the monthly cost at least fourteen (14) days before the next payment is due. Odesso setup fees are due prior to delivery of the application for testing and review. Monthly licensing fees are due upon the application’s availability in the app store, and charged on a recurring basis. Periodically, Odesso will make platform upgrades and maintenance updates at no additional charge to the End Client. Only services labeled “free” or “no charge” are free or without charge. At any point, the End Client may purchase customized upgrades to Odesso Materials, which is subject to an additional cost. Unless otherwise explicitly stated, these costs do will not affect the monthly cost for licenses. If an End Client registered for an Odesso “Trial Period”, they must decide to purchase within the Trial Period to retain content that has been uploaded during the period. If after the trial period, you do not purchase a full subscription to the services, they may be unable to access or retrieve any data added/created.
The term of this Agreement (the "Term") begins upon your acceptance of this Agreement and will end when terminated as described herein. At the end of the payment cycle, the contract will automatically renew for an additional contract term until explicitly cancelled by Affiliate or End Client. Account cancellations must be issued by contacting an Odesso representative or via Odesso’s support addresses. Any cancellation must be done at least three (3) days prior to the end of the contract term. Odesso reserves the right to terminate any affiliate or end client agreement at will without penalty or without cause, at any time. Commissions earned through the date of termination will remain payable only if the product orders are not canceled. Notice of termination may be sent to the contact email associated with your account. Upon termination of an End Client account, Odesso has the right to delete data, files, or information stored on Odesso’s database.