Partner Program Terms and Conditions
Effective Date: March 31, 2025 | Last Updated Date: February 28, 2025
Thank you for your interest in participating in the Jobber Partner Program (the “Program”) offered by Octopusapp Inc. (“Jobber”/“We”/“Us”).
Please review this agreement (“Agreement”) carefully. This Agreement contains legal terms and conditions of the Program and governs the relationship between you (“You” / “Partner”) and Jobber (each a “Party” and collectively the “Parties”). By joining the Program, You acknowledge that You have read, understood, and agree to be bound by these terms and conditions. If You do not agree to this Agreement, You may not participate in the Program.
Purpose.Jobber operates a proprietary business management services platform targeted towards business providing field and home services (“Jobber Services”). This Agreement allows Partner to market and promote Jobber Services to prospective customers who may be interested in subscribing to the Jobber Services (each a “Referred Client”) on the terms set out herein and in the program dashboard (“Program Dashboard”), which is hosted by Partnerstack or such successor platform as decided by Jobber in our sole discretion.
- Referred Client Engagement. Jobber reserves the right to: (a) enter into any agreements with Referred Clients on terms and conditions acceptable to Jobber, or to not enter into any agreements at all; and (b) set the terms for Referred Clients’ engagement with the Jobber Services.
- Partner Registration and Eligibility. In order to be eligible to participate in the Program, if You are an individual, You must be of the age of majority in the province or state of residence. If You are a business entity, You are validly incorporated or formed in Your jurisdiction and entitled to engage in the business in which You engage. You must also maintain all necessary and appropriate business insurance and maintain Your business in good standing at all times during the Term. You must also successfully register for and set up an account on the Platform Dashboard to participate in the Program. We reserve the right to terminate, limit, or suspend your participation in the Program if we become aware or have reasonable grounds to believe that You are not eligible to participate in the Program.
- Description of Program. The Program is designed for Partners working with or offering content and/or promoting services or products of interest to field or home service businesses who may benefit from access to the Jobber Services. By participating in the Program,Partner may receive the following:
- Promotion and Marketing Support. Partner may receive promotional and marketing materials and details of offers from Jobber for the purposes of promoting and referring potential clients to Jobber.
- Custom Referral Link. Subject to any limitations and qualifications set out in this Agreement, Partner will be entitled to a Referral Fee (as defined and detailed below) in respect of Referred Clients who subscribes for a paid account for the Jobber Services by using the Partners custom referral link, to be provided by Referred Party. Discount for Referred Clients. Unless otherwise set out in any special terms set out in the Program Dashboard or other written agreement between the Parties, Referred Clients shall be eligible to receive a twenty percent (20%) discount on Jobber’s then-current pricing, before any discounts or promotions, for the first six (6) months after signing up for the Jobber Services.
- Dedicated Jobber Partner Manager. Partner will be assigned a dedicated Jobber partner manager (the “Jobber Partner Manager”). The Jobber Partner Manager will be Partner’s ongoing point of contact within Jobber and keep Partner apprised of new Jobber promotions, feature launches, and general support and enablement.
- Referral Fees.
- Fees. Unless otherwise set out in any special terms set out in the Program Dashboard or other written agreement between the Parties, and subject to compliance with any additional terms set out in the Program Dashboard, Partner will receive a referral fee equal to twenty percent (20%) of the subscription fees collected by Jobber from Referred Clients for the first twelve (12) months, (or, if earlier, until termination or expiration of this Agreement) after such Referred Clients becomes a paying customer of Jobber (“Referral Fee”). If the Partner’s Program Dashboard specifies a Referral Fee structure that differs from this Section 5(a), the Referral Fees set out in the Program Dashboard shall govern.
- Eligibility for Fees. Qualifying referrals will be assessed through the use of the referral tracking software based on converted referrals from Referred Clients who have subscribed for a paid account with Jobber by using the Partner’s custom referral link. If Partner has referred any clients through means other than the custom referral link, such Referred Client may qualify for a Referral Fee if Partner has identified such Referred Client in lead registration documentation (the “Lead Registration Document”) submitted to Jobber as outlined in the step-by-step instructions available in the Resource Center in the Partner Dashboard, which Lead Registration Document shall provide certain information about Referred Client required by Jobber, which may include proof that the prospective client is a qualified lead of Partner, and provided that a Referred Client identified in a Lead Registration Document must sign up for a paid account with Jobber within 90 days of submission of the Lead Registration Document in order to be eligible for any Referral Fees. For the avoidance of any doubt, for a lead to qualify for a Referral Fee through the Lead Registration Document, Partner must have previously marketed to or contacted and spoke to the lead directly about the Jobber Services prior to the date of referral. By submitting a lead through the Lead Registration Form, Partner represents and warrants that they have obtained the necessary consent from the lead to allow Jobber to contact them regarding the referral, and that all information submitted is accurate and truthful. Jobber has no obligation to pay any Referral Fees for Referred Clients that do not meet the foregoing criteria, including if Jobber believes in good faith that the prospective lead isn’t a qualified lead. You agree that if You refer a client to Jobber and the client subscribes to the Jobber Services by any means other than through your custom link referral page and the client is not identified in any Lead Registration Document submitted to Jobber within the 90 days before such client signs up for Jobber, You will not be entitled to receive any Referral Fees. Any Referred Client who is an existing or past customer of Jobber, or is already known to Jobber prior to such Referred Client’s use of Partner’s custom referral link or inclusion in a Lead Registration Document in accordance with the above, as the case may be, will not be eligible to earn Partner a Referral Fee. Any abuse, fraud, or malicious acts on the part of Partner will result in the Partner’s immediate removal from the Program and release Jobber of any obligation to pay any Referral Fees.
- Cookies. Except in the case of Referral Fees earned through compliant submission of a Lead Registration Document, to earn the Referral Fee, You must provide a Referred Client with an active Jobber referral link, which includes a 90-day tracking cookie. This means that if a Referred Client clicks on Your custom referral link, then You will be credited with the referral as long as the Referred Client signs up for the Jobber Services within 90 days and becomes a paying Jobber customer within 15 days post sign up and the Referred Client has not disabled or otherwise blocked the tracking cookie on their device. After 90 days, the link will no longer be active to accept the Referred Client. You may submit a Lead Registration Document to Jobber if a Referred Client signs up after the tracking cookie expires, subject to the requirements set out in this Section 5. We encourage Partners to send each Referred Client the custom referral link and include Referred Client in a Lead Registration Document to maximize the attribution methods.
- Payment, Calculation and Changes to Fees. Unless otherwise set out in the Program Dashboard, Referral Fees shall be calculated monthly and any applicable Referral Fees shall be paid to Partner by electronic payment within thirty (30) calendar days at the end of each calendar quarter. We reserve the right to change the Referral Fees at any time, subject to the requirements of Section 16 of the Agreement.
- Program Terms. You agree to abide by the following terms:
- Tool Restrictions. You may not use any of the following tools: toolbar/browser extension, PPC/search spyware, adware, parasite ware, cookie stuffing, or any other tools which may be used to circumvent the terms of this Agreement.
- Restriction on Trademark Use. You may not use any Jobber trademark or the terms including ‘Jobber’, and ‘GetJobber’ in connection with keyword-triggered advertisements, including keyword, ad copy, display URL, destination URL and content networks and associated networks. You cannot use keywords associated with Jobber trademark and various misspellings, including, but not limited to, jbber, Jober, Jobbr, jobber.com. Jobber is trademarked and should always be used with the trademark where possible. We request that the major search engines including, without limitation, Google, MSN, Yahoo, Bing, Google Adwords, Facebook and Instagram designate Jobber as a “negative broad match keyword”. Traffic generated by search engine ads from Partner must land on the Partner’s website, not any web property of Jobber (such as www.getjobber.com). You must also adhere to the following search guidelines: (i) Partner may not bid on the Jobber trademark plus modifiers without prior written consent from Jobber; (ii) Partner may only bid on search engine marketing terms within the geographical region(s) authorized by Jobber; (iii) Partner shall not bid on trademarked terms or misspellings available through websites, search engines or other directory or referral services (e.g., Google, Yahoo, MSN, Bing); (iv) Partner shall not apply to register any domain name or trademark incorporating the Jobber brand; (v) Partner shall not use Jobber-owned domains and URLS (e.g. www.getjobber.com); (vi) Partner shall not attempt to mask or redirect links/URLS to gain additional sales; (vii) Partner shall not use ad copy that represents an ad as an official Jobber ad or website; (viii) Partner shall not use ad copy that misrepresents the offers available or misleads anyone in any way from the offers authorized by Jobber for the Partner to use; (ix) Partner shall obtain all necessary consents and permissions as required by applicable law before sending any marketing or promotional communication, including email blasts, to Jobber referral leads or Referred Customers . Jobber does not endorse the practice of optimizing for competitor keywords within natural search results (SEO) in order to mislead users into landing, either directly or via a redirect, on the Jobber signup page. Such promotional tactics by Partner will result in automatic reversal of Referral Fees and immediate dismissal from the Program. We do not allow the use of any PopUnder, PopOver, or SplashPage to be used as a result of traffic landing on any of our Jobber webpages (including www.getjobber.com).
- Good Faith Representation. By participating in the Program, Partner agrees to represent Jobber honestly and in good faith. You understand and agree that You are not an agent, employee, official representative or legal partner of Jobber and will not represent yourself as such to anyone.
- License to Partner. The trademarks, logos, service marks and trade names under which Jobber markets its products and services (the “Marks”) shall remain the exclusive property of Jobber. This Agreement gives Partner no license regarding the use of such Marks, except that during the Term of this Agreement Jobber grants to Partner a restricted, non-transferable, non-exclusive and revocable license to use the Marks to market and promote the Jobber Services solely as contemplated herein and in the Program Dashboard. For the avoidance of any doubt, “Marks” also includes a Jobber Partner “badge” which Partner may use during the Term of this Agreement to identify themselves as a Jobber partner on their website, social media, and other platforms. Partner agrees not to use the Marks in any way that may be determined objectionable by Jobber or confusing to any third parties regarding the nature of the relationship between the Parties. Jobber reserves the right to approve particular uses of the Marks by the Partner. Except as expressly provided in this Agreement, no other rights or licenses are granted to You, and this Agreement does not grant Partners any right to sell, distribute or otherwise make available to any third party, any Jobber Services or materials related to Jobber Services.
- Confidential Information. All documentation and information, including without limitation, design and presentation documents, trade secrets, customer lists, techniques, processes, and technical and marketing information which is supplied by one Party (“Disclosing Party”) to the other (“Receiving Party”) in connection with this Agreement (“Confidential Information”) is hereby deemed to be proprietary to and confidential property of Disclosing Party and shall be held confidentially by Receiving Party and its employees, agents, distributors and contractors (provided that the foregoing are bound by confidentiality obligations no less restrictive than those set forth herein, and which in any event require a reasonable level of care) and shall not be disclosed by Receiving Party or used by Receiving Party for any purpose other than as strictly permitted under this Agreement, without Disclosing Party’s prior written consent. Receiving Party shall not copy or disclose all, or any part of, the Confidential Information except in accordance with the terms and conditions of this Agreement. Receiving Party shall be directly liable for the acts or omissions of its employees, agents, distributors and contractors with respect to such confidentiality obligations. Receiving Party agrees to protect the Confidential Information of the Disclosing Party with at least the same degree of care Receiving Party uses to protect its own trade secrets and proprietary information, which in any event shall be no less than a reasonable degree of care. The confidentiality obligations of the parties under this Agreement shall not apply to Confidential Information which:
- at the time of disclosure is within the public domain, other than through a breach of this Agreement;
- after disclosure becomes readily and lawfully available to the public, other than through a breach of this Agreement;
- Receiving Party can establish, by documented and competent evidence, was in its possession prior to the date of disclosure of such Confidential Information by Disclosing Party; or
- is approved in advance in writing by Disclosing Party for disclosure.
- Warranties. Partner represents and warrants that:
- it shall not make, and Jobber shall not be bound by, any offer, acceptance, representation, warranty, or affirmation of fact whatsoever to any Referred Client or third-party respecting Jobber or Jobber’s products or services, including the performance thereof;
- it has not paid, and is not aware of any payments, to any third parties with a view to securing an order, contract and/or agreement contemplated hereunder or affecting a purchaser’s decision to approach Jobber for the Jobber Services;
- it will comply with all applicable laws, rules and regulations (including without limitation, marketing rules, advertising standards, and privacy and data-sharing law) in connection with its promotion of the Jobber Services.
- Indemnification. Partner shall indemnify and hold Jobber harmless against any and all third-party proceedings, causes of action, suits, damages, losses, liability, costs and expenses (including reasonable legal fees) whatsoever incurred by Jobber in connection with any breach of the representations and warranties in Section 10 of this Agreement, or from Partner’s violation of any of the terms of this Agreement, any misuse, unauthorized use or violation of the Marks, or from Partner’s performance hereunder.
- Limitation of Liability. Except in the case of a breach of Section 6 (Program Terms), Section 7 (Good Faith Representation), Section 8 (License to Jobber Partners), Section 9 (Confidential Information), and Section 10 (Warranties), or in connection with Section 11 (Indemnification), the Parties agree that:
- neither Party shall be liable to the other Party for direct damages in excess of the total amount of Referral Fees paid during the one (1) year period immediately preceding the date on which the damages occurred; and
- neither Party will be liable for any punitive, indirect, special, consequential or incidental damages (including but not limited to lost profits), whether based in contract or in tort (including but not limited to negligence) or otherwise, arising out of or relating to this Agreement.
- Term and Termination.
- Term. This Agreement begins on the date it is accepted by Partner and continues for an initial term of one (1) year, and thereafter renews automatically for additional terms of thirty (30) days, unless terminated sooner under this Section 13 (the “Term”). This Agreement will terminate:
- for convenience, on thirty (30) days prior written notice by either Party, provided that Jobber, in its sole discretion, reserves the right to waive such notice period;
- immediately by Jobber in the event that Jobber reasonably believes that the Partner has engaged in any fraudulent or otherwise suspect activity in respect of the Program or Referral Fee;
- immediately by Jobber if You have engaged in any conduct which, in Jobber’s sole discretion, is likely to detract from Your or Jobber’s goodwill and reputation or Your ability to effectively promote the Jobber brand or services; or
- immediately by Jobber if You engage in any activity which, in Jobber good faith opinion, does not align with the Jobber brand.
- Effect of Termination. On termination or expiration of this Agreement, all licenses granted hereunder shall terminate and each Party shall return to the other as soon as possible all copies of the other Party’s property and materials in its possession or control, including all copies of the other Party’s Confidential Information. Where this Agreement expires or terminates as provided for herein, no Referral Fee shall become payable or owing following the date of expiration or termination. When this Agreement terminates or expires, Jobber shall pay to Partner any outstanding amounts owed at the end of the calendar quarter. Sections 9 (Confidential Information), 10 (Warranties), 11 (Indemnification), 12 (Limitation of Liability), Section 13 (Term and Termination), Section 14 (Expectations), and Section 17 (General Terms), and any other rights or obligations that by their nature should survive, in each case will survive the termination or expiry of these Terms of Service or your account for any reason.
- Term. This Agreement begins on the date it is accepted by Partner and continues for an initial term of one (1) year, and thereafter renews automatically for additional terms of thirty (30) days, unless terminated sooner under this Section 13 (the “Term”). This Agreement will terminate:
- Expectations. Partner acknowledges and agrees that it has no expectation that its business relationship with Jobber will continue for any minimum period or that Partner shall obtain any anticipated amount of profits by virtue of this Agreement or the Program. Jobber shall not be liable, by reason of any termination of this Agreement, for compensation, reimbursement or damages on account of the loss of prospective profits or on account of expenditures or commitments whatsoever in connection with the business or goodwill of Partner. Except as provided in this paragraph, termination hereunder shall be without prejudice to any other right or remedy to which either Party may be entitled hereunder, at law, or in equity.
- Costs. Except as agreed by the Parties, Partner will be responsible for any expenses or costs incurred in connection with Partner’s promotion of the Jobber Services.
- Changes to Program. Jobber reserves the right to, in its sole discretion at any time and for any reason, make changes to the Program, including, but not limited to any changes to the Program benefits described in Sections 4 and 5 of this Agreement and any terms and conditions for participation, including pursuant to the Program Dashboard. In the event of a material change to the Program, Jobber will provide Partner with thirty (30) days’ notice in advance of any such changes. Such notice may be provided by way of email, notice within the Program Dashboard, or such other means as reasonably determined by Jobber.
- General Terms.
- Compliance with Laws. Each Party will comply fully with all applicable federal, provincial and/or state, and local laws and regulations relating to its obligations under this Agreement including, without limitation, all applicable privacy laws.
- Severability & Waiver. If any provision of this Agreement is held invalid by any law, rule, order or regulation of any government, or by the final determination of a court of competent jurisdiction, such invalidity will not affect the enforceability of any other provisions not held to be invalid. Any delay by either Party to exercise any right or remedy under this Agreement will not be construed to be a waiver of that or any other right or remedy hereunder.
- Governing Law. This Agreement shall be governed by the laws of the Province of Alberta, Canada, without giving effect to the principles of conflicts of law. Any disputes shall be resolved exclusively by the courts in Edmonton, Alberta.
- Entire Agreement. This Agreement together with Jobber’s Privacy Policy and Terms of Service, as applicable, constitutes the entire agreement of the Parties as to the subject matter hereof. This Agreement may be amended only by a written agreement signed by authorized representatives of both Parties.