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Brevo Partner Program - Terms & Conditions As of September 27th, 2026

The Program Terms and Conditions constitute a binding agreement that governs Partner’s relationship with Brevo. This agreement (“Agreement”) is comprised of the following documents:

• General Terms and Conditions

• Appendix 1: Referral Specific Terms of Service

• Appendix 2: Implementation Specific Terms of Service

GENERAL TERMS AND CONDITIONS

PREAMBLE

These General terms and conditions (the “Terms”) govern the Partner’s participation in Brevo’s Partner Program (as defined below) and are a binding legal commitment between Sendinblue, registered with the Paris Trade and Companies Register under number 498 019 298 with its registered office at 17, rue Salneuve, 75017 Paris (doing business as and hereinafter referred to as “Brevo”) and  the partner entity (the “Partner”). The Partner may not participate in the Partner Program unless they accept this Agreement without reserve. This Agreement takes effect when the Partner accepts it on the Portal (the “Effective Date”). Brevo and Partner may be referred to individually as a “Party” and collectively as the “Parties”. The Partner must read, agree with, and accept the terms and conditions contained in this Agreement.
BY ACCEPTING THIS AGREEMENT ONLINE, AND/OR PARTICIPATING IN OR PERFORMING ANY ACTIVITIES UNDER THE PARTNER PROGRAM, THE PARTNER REPRESENTS AND WARRANTS THAT (i) THE PARTNER HAS READ, UNDERSTANDS, AND AGREES TO BE BOUND BY THIS AGREEMENT, AND (ii) THE PARTNER HAS THE AUTHORITY TO ENTER INTO THIS AGREEMENT AND ADHERE TO THE PARTNER PROGRAM ON BEHALF OF THE ENTITY THE PARTNER REPRESENTS, AND TO BIND THAT ENTITY TO THIS AGREEMENT.

1. DEFINITIONS

Capitalized terms used but not defined in this Agreement shall have the meanings ascribed to them in the Brevo Terms and Conditions if applicable for Pro Plan and Self Service here and Entreprise Solution here.

“Active Participation” has the meaning set forth in Annex 1, Article 2.1.

“Applicant” means a prospective Customer who submits a request to the Directory under the conditions set forth in Section 11. 

“Brevo Account”: means the account opened by and administered by the Partner allowing the Partner to use the Brevo Services and to access the Platform.

“Brevo Platform” or “Platform” : means the Brevo software-as-a-service application comprising email marketing, CRM, automation, and related services as described at https://www.brevo.com/products/ .

“Confidential Information” means any non-public information, data, or materials disclosed by either Party in connection with this Agreement including but not limited to business strategies, pricing models, commission structures, technical documentation, performance metrics, prospect and customer information, and account credentials, excluding information that is publicly available, independently developed, rightfully obtained from a third party, or required to be disclosed by law.

“Contract” means the Enterprise Solution, Pro Plan or Self Service paid plan agreement concluded between Brevo and the Qualified Lead. 

“Contribution” means the Referral Partner’s contribution to identifying and presenting potential customers to Brevo according to the conditions set out in Appendix 1. 

“Customer” means the businesses and B2B organizations to which Brevo distributes its standardized marketing and CRM software solution that have subscribed to a Brevo paid plan.

"Data Protection Laws" means (i) Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of Personal Data and on the free movement of such data (General Data Protection Regulation) ("GDPR"); and (ii) Directive 2002/58/EC concerning the processing of Personal Data and the protection of privacy in the electronic communications sector and applicable national implementations of it (as may be amended, superseded or replaced) and all obligations arising from the application of any applicable data protection and privacy legislation that may apply to Personal Data processed under this Agreement, including the obligations arising from the application of French law No. 78-17 of 6 January 1978 and its possible updates, texts adopted within the European Union and local laws and their possible updates.

“Enterprise NPC” means an NPC that purchases the Brevo Enterprise Solution, in accordance with the Partner Program Guide. 

“Enterprise Solution” means the Brevo commercial offer and Services detailedhere. The Enterprise Solution allows the NPC to manage the access to a Parent Account and to Sub-Account(s).

“Partner” means any organization that is part of the Brevo Partner Program.

“Partner Directory” or “Directory” has the meaning set forth in Section 11.1.

“Partner Program” means the Brevo Program described here:https://www.brevo.com/partners/agencies/

“Partner Program Guide” means the operational document incorporated into this Agreement via the following link : https://partners.brevo.com/partner-program-guide-sept2026 that defines the governing rules, requirements, and commercial terms of the Partner Program including tier structures, performance thresholds, certification levels, commission or discount rates, benefit allocations, method of calculations of the Referral Fees and applicable program durations. 

“Pro Plan” means the Brevo commercial offer and Services detailed here.

“Professional NPC” means an NPC that purchases the Brevo Pro Plan, in accordance with the Agreement and the Partner Program Guide.

“Net Revenue” means the recurring revenue (pre-tax value) generated from referral and paid by NPC to Brevo for the Subscription Term in application of the Contract as recorded on Brevo’s financial statements, excluding any professional services fees or other non-recurring fees and also excluding services for which Brevo acts as an intermediary, such as but not limited to SMS and WhatsApp Services.

“New Paying Customer” or “NPC” means any customer subscribing to a paid Brevo Plan who is not currently a paying customer and has not held a paid subscription with Brevo in the preceding 180 days. Former Brevo customers who churned more than 180 days ago are eligible to qualify as New Paying Customers upon resubscribing.

“NPC Account”: means the account opened by the Self Service NPC or Professional NPC as a result of the Partner’s referral, allowing the Self Service NPC or Professional NPC to use the Brevo Services. The Self Service NPC or Professional NPC can decide to grant the Partner access to the NPC account in accordance with Section 8.1 of these Terms. 

“Parent Account” means a type of account allowing Enterprise NPC to administer the Services. The Parent Account includes by default the opening of one (1) Sub-Account.

“Payment Account”: means the account giving access to the Portal for Referral Partners to handle payment.

"Personal Data" means personal data processed as part of the Agreement and which has the meaning given to it in the GDPR. 

“Plan” means (i) the “Starter” and “Standard” self-serve paying plans listed on Brevo’s website (https://www.brevo.com/pricing/) and/or the (ii) Pro Plan and/or (iii) Enterprise Solution. The term “Plan” excludes free self-serve plans and the pay-as-you-go and other non-recurring products and services, in particular: dedicated IP addresses, landing pages, SMS credits, and WhatsApp messages.

“Portal” means the Partner management Portal that includes a built-in payment automation system and that allows Brevo to remunerate Partner for the referrals of New Paying Customers (such as the platform programmed and owned by the Third Party Editor Partnerstack) and allows Brevo to register and managed its implementation Partners.

“Qualified Lead” means an organization (i) that is projecting the Minimum Net Revenue or more as defined under the Partner Program Guide, (ii) with which Brevo has not yet actively engaged in discussions around becoming a paid customer, and for which the level of engagement in the platform is not yet significant, and (iii) which business activity is compliant with Brevo’s terms and conditions. 

“Self Service” means one of the Brevo self service paid Plans (Starter or Standard), as detailed here: https://www.brevo.com/pricing/marketing-platform/see-all-features/.

“Self Service NPC” means an NPC that has subscribed to a Self Service plan. 

“Subscription” has the meaning set forth in the Referral Specific Terms of Service Appendix 1.

“Subscription Term” has the meaning set forth in the Referral Specific Terms of Service Appendix 1.

“Third-party Editor” means the third-party editor owning the Portal. 

“Validation Process” means the mandatory process governed by Section 5 that a Partner must complete to apply to the Partner Program.

“Website” means the website(s) where the Partner can apply to the Partner Program.

2. PURPOSE OF THE AGREEMENT

This Agreement details how the Partner: • may apply to the Brevo Partner Program; • shall perform the Contribution under Referral Specific Terms of Service in good faith and in accordance with these Terms and applicable laws; • shall become an implementation Partner in accordance with Implementation Specific Terms of Service.

3. DURATION

This Agreement shall be effective from the Effective Date. This Agreement is entered into for an initial term of one (1) year from its Effective Date. This Agreement will then be renewed for additional one (1) year periods unless one of the Parties gives the other Party notice of its opposition to the renewal at least one (1) week before the end of the current period. If the Partner decides not to renew this Agreement, any ongoing Commission Period shall immediately terminate at the effective end date of the Agreement, and no further Referral Fees shall be payable by Brevo.

4. SIGN UP, ACCOUNT & SUSPENSION

Upon acceptance of this Agreement, Partner agrees to create a Payment Account and to be the owner of a Brevo Account. By signing up, Partner agrees to provide Brevo and Third-party Editor with accurate and complete information. The email address provided must be a named user and not a generic email alias. Information provided or the selections made during sign-up, and any changes thereto, are an integral part of and are governed by these Terms. If Brevo suspects that this information is inaccurate or misleading, Brevo reserves the right to terminate these Terms without notice and consequently cancel registration, and close the Payment/Brevo Account without any further payment, damage, or any indemnification being due to the Partner.
Brevo reserves the right to suspend Partner’s use of the Portal, the Platform, and/or of the Services at any time for a breach of these Terms or of the Third-Party Editor’s terms and conditions (https://www.partnerpage.io/terms-of-service), or for maintenance or security issues.
Brevo may also suspend, delete, or archive the Partner’s Brevo Account and/or Payment Account if the account has been inactive (i.e. no recorded connection to the Payment Account) for more than three (3) months.
The Partner must choose to apply to either the Affiliate Program or to the Partner Program. The Partner may not apply and be part of both the Affiliate Program and the Partner Program.

5. VALIDATION PROCESS

Before being allowed to be part of the Partner Program the Partner must finish registration and follow through the Validation Process.

5.1. Process

The Validation Process notably requires profile completion. The modalities of the Validation Process can be modified by Brevo at its discretion during the performance of the Terms.
As part of the Validation Process, Brevo reserves the right to validate or reject any application, based on its discretionary indicators and criteria.

5.2. Ground rules of Validation

The Partner must have all authorizations to act on its behalf, either as an employee, agent, or officer.
To pass the Validation Process, the Partner must comply with the following minimum rules. This list is not exhaustive and Brevo reserves the right to change the Validation Process from time to time:

• Editing, Owning, and publishing a professional website or portfolio that demonstrates that the Partner is a registered organization exercising lawful business activities in compliance with Brevo’s Services;

• Applying to the Partner Program with a professional email attached to a domain that is (i) owned by the Partner and (ii) associated with the Partner’s website (no public domains allowed);

• Owning and administering an active Brevo Account with a login email address that matches the application’s email address.

• The Partner’s website must (i) be contextualized and aligned with Brevo's Services, (ii) match the email address of the application, (iii) host sufficient traffic and/or anteriority.

• The Partner must apply with a professional email (public domains are automatically declined).

The details of the Tiers and its relevant criterias of the Partner Program are directly mentioned in the Partner Program Guide.

6. OBLIGATIONS OF BREVO

Brevo undertakes to (i) provide the Partner, at the request of the latter or any authorized person, with the information and documents that Brevo considers necessary for the Partner to carry out its mission under the Partner Program and to (ii) promptly process Partner’s application as part of the Validation Process.
More generally, Brevo undertakes to respond to the Partner's reasonable requests necessary to carry out its mission under the Partner Program in the best possible conditions.

7. OBLIGATIONS OF THE PARTNER

7.1. Promotion of Brevo Services

The Partner is under the obligation to promote and advocate the Brevo Services for the entire duration of the Agreement. This Section does not prevent or limit in any way the Partner from engaging in such activities with third parties.

Furthermore, to maintain a mutually beneficial relationship, the Partner agrees to refrain from making any public statements that disparage or harm the reputation of Brevo or its Services. This commitment applies during the duration of the Agreement and for a period of one (1) year following its termination, specifically within the Partner’s primary area of influence (including the European Union and/or the United States, as applicable).

7.2. Subcontractors

Partner shall notify Brevo beforehand and obtain Brevo’s written consent before subcontracting the provision of part or all of the Contribution to a third party.

7.3. Prohibited activities

The Partner warrants that the Partner and/or New Paying Customer shall not participate in any of the following activities:

• multi-level marketing or pyramid schemes;

• self-help / get-rich courses.

• any unlawful activity;

• any activity listed under Brevo’s Anti-Spam Policy.

8. USE OF THE BREVO SERVICES, PLATFORM AND ENTERPRISE SOLUTION

The Partner shall be bound by the Brevo terms and conditions available here for Professional Plan and Self Service and here for Enterprise Solution while using the Platform and the Brevo Services and shall comply with all applicable terms and documentation as updated from time to time by Brevo.

For the avoidance of doubt, the execution of this Agreement and the subsequent use of the Services constitute the Partner's express acceptance of these applicable terms and conditions.

8.1. Self Service NPC and Professional NPC

The Self Service NPC and Professional NPC shall have the option to decide whether or not the Partner has access rights to the NPC Account. The Self Service NPC and Professional NPCs can decide to grant the Partner with: • No permission. In this case, the Partner may only update the personal information tab about the Self Service NPC and Professional NPC organization; or • Full permission. Full permission entitles the Partner to manage the Plans, billing conditions, payment information, user(s), APIs, and technical setup of the NPC Account and to use all the Brevo Services available to Self Services users; or • Custom permission. Custom permissions allow the Self Service NPC to decide : (i) which of the Brevo features may be managed by the Partner on behalf of the Self Service NPC and Professional NPC ; (ii) if the Partner is entitled to manage the Plans, the billing conditions, and the payment information of the NPC Account; (iii) which of the APIs can be managed by the Partner; (iv) user management; (v) Senders, domains and dedicated IP addresses.
The Self Service NPC and Professional NPC can decide during sign-up and at any time to restrict or extend the access rights granted to the Partner.

8.2. Enterprise NPC

Under the Enterprise Solution, the Enterprise NPC shall have the option to decide whether the Partner:

• has access rights to the Parent Account and Sub-Account(s).

• has access rights to either the Parent Account or the Sub-Account(s).

• does not have access to the Parent Account and Sub-Account(s).

9. COMPLIANCE, ETHICS AND APPLICABLE LAWS

The Partner warrants that it complies with all applicable laws and regulations while performing the Contribution, including but not limited to laws and regulations on anti-corruption, electronic communications, and Data Protection Laws.

The Partner warrants that both the Partner, the Customer and the NPC are not subject to export restrictions by the United States government or by the European Union (the “Export Control Laws”), in particular that the Partner, the Customer and the NPCs are not based in Cuba, Iran, North Korea, Syria, Venezuela or any other territory that is subject to a U.S. government embargo and that Partner, its affiliate, representatives, officers, employees or agents are not listed on any U.S. government list of prohibited or restricted person.

The Parties undertake to perform these Terms in compliance with applicable laws and regulations on ethics and anti-corruption. As a result, the Parties undertake in particular to prohibit any behavior, in any form whatsoever, in France or abroad, that could be considered as corruption and/or influence peddling within the meaning of French law and any other applicable law.


The Parties undertake to require their managers, employees, co-contractors, agents, intermediaries, subcontractors, suppliers, service providers and any other third parties involved in the context of these Agreement to apply the same ethical and anti-corruption commitment as that provided for in this Article.


Each of the Parties shall provide proof of compliance with the obligations set out in this Article, at the first written request of the other Party. Each of the Parties further acknowledges that the other Party is entitled to take any appropriate measure, such as an audit, to ensure compliance with all of the above obligations.


The Parties undertake to inform each other within a reasonable period of time of any event that may come to their attention relating to non-compliance with this clause in connection with the signing, performance, or termination of this Agreement. The Parties expressly undertake to meet to find an acceptable solution as soon as possible. Should they fail to do so, the other Party may terminate the Terms automatically, without prejudice to any other rights and remedies at its disposal, and to any damages to which it may be entitled.

10. DATA PROTECTION

The Parties process personal data in connection with this Agreement each as a separate controller within the meaning of Art. 4 No. 7 GDPR and for their respective independent purposes. This Agreement does not establish joint controllership within the meaning of Art. 26 GDPR.


The Partner acknowledges and accepts Brevo’s Privacy Policy (https://www.brevo.com/legal/privacypolicy/).


To the extent that the Parties exchange data on common Customers for the purpose of performing this Agreement, this is done on the basis of legitimate interests within the meaning of Art. 6(1)(f) GDPR. Each Party is obliged to inform the affected Customers about this data exchange in accordance with Art. 14 GDPR.


Where the Partner accesses personal data of the Customer's data subjects in the course of providing the Services, the Partner processes such data exclusively on behalf of and on the documented instructions of the respective Customer. Prior to any such processing, the Partner shall conclude a data processing agreement with the Customer pursuant to Art. 28 GDPR directly between the Partner and the Customer.


Brevo does not issue any instructions to the Partner regarding the processing of Customer personal data; such instructions are given exclusively by the respective Customer.

11. PARTNER DIRECTORY

11.1. General rules

Brevo operates an online directory and project marketplace (collectively, the "Directory"), powered by a third-party platform PartnerPage (“Third Party Directory”) where:


• Approved Partners are listed and visible to prospective customers; and 

• On Applicant’s request, Brevo may proceed to match Applicant projects and leads to eligible Partners through the following page.


By participating in the Directory, the Partner acknowledges and accepts Third Party’s Directory's Terms of Service and Privacy Policy available here.

11.2. Directory listing and eligibility

Brevo might decide on Partner’s request, to add the Partner to the list of approved Partners on the Directory. To this sole purpose, Partner grants Brevo the right to use Partner’s name, brand, trademark, and visual identity solely for the purpose of this Agreement and for the duration of this Agreement. Details of the Partners eligible to be featured in the Partner Directory are described in the Partner Program Guide.


To be listed, the Partner must send their request to Brevo at partners@brevo.com. Brevo can decide to add and/or withdraw the Partner from the Directory at its discretion during the performance of this Agreement, based on Brevo’s own criteria, especially if the profile appears to be inaccurate or incomplete.

11.3. Project referral and participation

When an Applicant submits a project request to the Directory, Brevo may refer leads and projects of referrals (the “Project(s)”) to a selected group of top Partners. Participation is based on a mutual agreement. 


The eligibility to receive new Project referrals is done in accordance with the situations as described in the Partner Program Guide.


Once matched with an Applicant, the Partner and the Applicant negotiate the Project scope, timeline, and price directly with each other. The Partner performs and completes the Project and gets paid by the Applicant. 


Brevo disclaims any liability for any claims related to (i) the Projects, or the payment (or non-payment) due to the Partner for the performance of the Project, (ii) the availability and overall functioning of the Directory, (iv) the content published on the Directory.

12. TERMINATION

12.1. Termination

Each party may terminate this Agreement with immediate effect in case of breach of this Agreement if such breach has not been cured within thirty (30) days following the notification of the breach to the other Party.


In case of material breach of this Agreement, Brevo can terminate this Agreement with immediate effect without prior notice. In particular, Brevo shall consider the following violations individually as a material breach, including and without the list being exhaustive:

• any case of fraud or any breach of applicable laws and regulations;

• unauthorized use of Brevo’s intellectual property by Partner;

• Breach by Partner of Third-Party Editor’s terms and conditions;

• Breach by Partner of Third-Party Directory’s terms and conditions;

• Breach by Partner of the Third Party Products terms and conditions;

• Partner materially does not comply with the Agreement;

• Qualified Leads referred by Partner repeatedly use the Brevo product in breach of applicable laws or in breach of Brevo’s relevant terms and conditions;

• Partner is under or likely to be under a proceeding of bankruptcy, or any other proceeding relating to insolvency, receivership, or liquidation;

• Partner’s use of the Brevo Services in breach of Brevo’s terms and conditions.

Brevo may terminate this Agreement for convenience without cause upon forty-five (45) days' notice.
Additionally, Brevo reserves the right to modify, suspend, or discontinue the Partner Program in its entirety at any time with immediate effect. In the event of such discontinuation, there shall be no retroactive effect, and it shall not affect any rights or obligations regarding NPCs successfully referred prior to the effective date of discontinuation.

12.2. Consequence of termination

In case of termination of this Agreement:

• Partner stop using Brevo’s trademarks and stop referring to Brevo while performing Partner’s activity;

• For Referral Partner, it shall stop all actions and missions related to the Contribution, 

• Partner shall immediately destroy all copies of Confidential Information;

• Brevo and/or Third-Party Editor may delete Partner’s Brevo Account and Payment Account as well as their uploaded and associated data;

• Brevo may withdraw Partner from the Directory and the Partner Program;


Regarding the Referral Partner, Brevo shall pay the Referral Fees for which Partner is eligible at the time of termination, except if the Terms have been terminated by Brevo for material breach of this Agreement by the Partner.

13. LIABILITY

Neither Party shall be held liable for the consequences of indirect damage. In no case may Brevo be held responsible in any capacity whatsoever in relation to third parties for any damage related to or resulting from the actions or omissions of the Partner under this Agreement.


It is jointly agreed that Brevo’s (i) aggregate and total liability under this Agreement shall not exceed the amount of the Referral Fees paid by Brevo to Partner during the twelve (12) months immediately preceding the initial event giving rise to the liability. Each Party acknowledges that the limitations of liability set out in this Section reflect the allocation of risks between the Parties under this Agreement, and that in the absence of such limitations of liability, the economic terms of this Agreement would be materially different.

14. THIRD PARTY

The Partner may access or use, at its sole discretion, some third-party products and services that interact with the Services or that are related to the Partner Program, including, but not limited to: third-party applications and software included or referred to in the Services or in the Platform, third-party service integrations made available through the Services or APIs, some Services accessible through mobile applications obtained from third-party websites such as applications provided by Android or Apple, and third-party products or services authorized by (i) the Partner to access Partner’s Brevo Account or (ii) by the NPC to access the NPC Account or the Enterprise Solution using sharing authentication means or other credentials (collectively, “Third-Party Products”). Each Third-Party Product is governed by the terms of service, end-user license agreement, privacy policies, and/or any other applicable terms and policies of the third-party provider. Depending on the context, third-party providers may be considered as data processors of the Partner/NPC or data controllers under Data Protection Regulation.


Partner and/or NPC’s access to or use of Third-Party Products is solely between Partner/NPC and the applicable Third-Party Product provider. Brevo makes no representations, warranties or guarantees regarding the Third-Party Products or their suppliers, including, but not limited to, the continued availability, security and integrity of the Third-Party Products. Third-Party Products are made available by Brevo without warranty of conformity, and Brevo may discontinue providing them at any time without entitling the Partner and/or NPC to a refund, credit or other compensation. Unless otherwise specified in writing by Brevo, Brevo will not be directly or indirectly responsible or liable in any manner, for any harms, damages, loss, lost profits, special or consequential damages, or claims, arising out of or in connection with the installation of, use of, or reliance on the performance of any Third-Party Products. The Partner will not, and will not allow NPC to, use any of the Third-Party Products to: (a) develop products, software or models that compete with those Third-Party Products, or (b) reverse engineer or extract components of any Third-Party Products, their software or their models. Brevo and/or the provider of the Third-Party Product may immediately suspend or terminate Partner’s and/or NPC’s use of any Third-Party Product based on any suspected violation of the preceding sentence.

15. INDEMNIFICATION

The Partner shall indemnify, defend, and hold Brevo harmless from and against all liabilities, losses, damages, costs, fees, and expenses (including reasonable attorneys’ fees) arising out of any claims related to: (a) Partner’s performance of the Contribution, (b) Partner’s alleged breach of this Agreement, of any applicable laws including any infringement of third party rights of intellectual or industrial property, (c) Partner’s use of Third-Party Products and services, in particular the Directory and the Portal and/or (d) Partner’s delivery of its products and services to Applicants as part of the Partner Program.


This Article shall remain applicable in case this Agreement is annulled, rescinded or terminated.

16. INTELLECTUAL PROPERTY

Each party retains all intellectual property rights that it developed before or independently of this Agreement (“Pre-existing IP”). This Agreement does not transfer any rights to Pre-existing IP. In particular, this Agreement does not grant the Partner any rights to Brevo’s infrastructure, including software, networks, servers, protocols, data, application programming interfaces (APIs), and user interfaces of the Brevo Platform. 


Brevo does not authorize the Partner to use, reproduce or represent in any way any element of Brevo’s intellectual property (copyright, trademark, etc) without prior written consent from Brevo.


Partner may not use Brevo's or any affiliate company’s name, logo, brand, trademarks or any other element protected by intellectual or industrial property in any promotional materials or other communications with third parties without Brevo’s prior written consent. The Partner shall only use Brevo’s trademark in order to perform the Agreement as mentioned in it. Any content created by the Partner displaying elements subject to Brevo’s intellectual property must be validated by Brevo before communication or disclosure.


Brevo explicitly prohibits the Partner from registering or using domain names that include "Brevo", Sendinblue, or any other Brevo trademarks. Such usage is considered a violation of Brevo's trademark policy and of this Agreement. If a Partner sets up a domain name that includes any of Brevo's intellectual property, the Partner is obliged to transfer the domain name to Brevo and its affiliates free of charge upon request. Partners are also restricted from using the Brevo trademark in naming podcasts, newsletters, blogs, ebooks, reports, or other regular content vehicles.


The Partner ensures that its promotional and canvassing practices as well as its communication relating to Brevo and the Services respect Brevo’s brand image and comply with Brevo's quality standards and commercial policy, as may be communicated or made available to the Partner from time to time. Upon Brevo’s request, the Partner shall provide Brevo with copies of all materials that display Brevo’s trademark or that refer to Brevo. If Brevo considers that the Partner’s use of the Brevo trademarks does not comply with Brevo’s then-current trademark policy, Brevo may, at its option, require the Partner to delete/take down such material or modify such material.


Nothing contained in this Agreement shall be construed to grant to the Partner any right, title or interest in or to the Brevo trademarks, and all right, title, and interest in and to the Brevo trademarks shall be retained by Brevo.

17. CONFIDENTIAL INFORMATION

Each Party shall maintain as confidential and shall not disclose (except to the employees, accountants, attorneys, advisors, affiliates, outsourcers and third-party service providers of the recipient with a need to know in connection with recipient’s performance under this Agreement, and who have been advised of the obligation of confidentiality hereunder), copy or use for purposes other than the performance of this Agreement, any Confidential Information and each Party agrees to protect all received Confidential Information with the same degree of care that it would use with its own Confidential Information and to prevent unauthorized, negligent or inadvertent use, disclosure or publication thereof. Breach of this clause may cause irreparable harm and damage. 


Thus, in addition to all other remedies available at law, the disclosing party shall have the right to seek injunctive relief, and to recover the amount of damages (including reasonable attorneys’ fees and expenses) incurred in connection with such unauthorized use. The recipient shall be liable to the disclosing party for any use or disclosure in violation of this Article by the recipient or its affiliates, employees, third-party service providers or any other related party. Confidential Information shall not include information that (i) is already known to the recipient prior to the disclosure by the disclosing party; (ii) is or becomes publicly known through no breach of this Agreement ; (iii) is independently developed without the use of the other party’s Confidential Information and evidence exists to substantiate such independent development; (iv) information that is obtained from a third party, and that third party is not in good faith belief to the recipient, under any legal obligation of confidentiality; or (v) the recipient receives written permission from the disclosing party for the right to disclose any Confidential Information. This clause shall survive the termination of this Agreement for a duration of five (5) years starting from the date of termination. The Parties agree that the existence of this Agreement may be shared with investors or future investors of Brevo.

18. INDEPENDENCE OF THE PARTIES

Nothing in this Agreement shall be construed as creating a partnership or joint venture of any kind between the parties or as constituting or authorizing either Party as the agent of the other Party for any purpose whatsoever. Neither Party shall have the authority or power to bind the other, or to contract in the name of, or hold itself out as, or create a liability against the other in any way or for any purpose.


Partner is an independent contractor under this Agreement, and nothing in this Agreement will be construed to create a partnership, joint venture, or Partner relationship between the Parties. Partner will have no authority to enter into agreements of any kind on behalf of Brevo and will have no power or authority to act on behalf or in the name of, or bind or obligate, Brevo in any manner to any third party. In particular, the Parties declare that this Agreement may under no circumstances be construed as a mandate of common interest, nor as a commercial agent contract, particularly within the meaning of the provisions of Articles L. 134-1 et seq. of the French Commercial Code, nor as a contract for a traveler, representative or usher (VRP) within the meaning of Article L. 7311-3 of the French Employment Code.


Partner will not incur any liabilities in the name of or for Brevo. Partner will be solely responsible for the payment of all applicable taxes associated with any fee including, without limitation, all federal, state and local income, VAT, Social Security, self-employment, sales and any other taxes with respect to Partner's services and compensation. It is expressly understood and agreed that except as specifically provided in this Agreement, Brevo is under no obligation or requirement to reimburse Partner for any expenses or costs incurred by Partner in the performance of its responsibilities or obligations under this Agreement, and Partner will be responsible for all business expenses incurred in connection with, or related to, performing the services referenced in this Agreement. Without limiting the generality of the foregoing, Partner acknowledges that any travel, including but not limited to travel to and from programs and/or clients/customers of Brevo, is at Partner's own expense. Brevo assumes no liability for any travel-related injury or loss, and Partner assumes personal responsibility for securing and maintaining all applicable travel-related insurance coverage.


Partner will not be required to incur any expenses under this Agreement and will not be reimbursed by Brevo for any of its expenses unless pre-approved by an authorized representative of Brevo and documented by Partner in accordance with Brevo’s expense reimbursements guidelines.

19. MISCELLANEOUS

19.1. Assignment of the Terms

This Agreement are intuitu personae and the Partner cannot assign it to a third party without the prior written agreement of Brevo.


Brevo can assign this Agreement to any entity controlling Brevo or controlled by Brevo or its holding company, in situations provided by article L233-1, L233-2 and L233-3 of the French code of commerce.

19.2. Changes

19.2.1 Changes to the Agreement. Brevo may modify this current version of this Agreement. In case any modification of the Partner Program or of this Agreement are necessary, the changes to this Agreement shall come into force as of their publication on the Brevo Website or Platform or as of their notification by email to the email address provided by Partner.


19.2.2 Changes to the Partner Program Guide. Brevo also reserves the right to amend the Partner Program Guide at its sole discretion from time to time. Any such amendments shall become effective immediately upon publication and will apply exclusively to future Referral Fees generated on or after the date of publication, without any retroactive effect on already validated NPCs.


19.2.3 Opposition to changes. In case of changes, the Partner shall be able to oppose such changes within fifteen (15) calendar days by email to partners@brevo.com with a copy (cc) to legal@brevo.com. In the event of such opposition, this Agreement shall terminate immediately, and the Partner shall be immediately removed from the Partner Program, forfeiting any associated Partner status or ongoing benefits.

19.3. Survival

The following provisions shall survive any expiration or termination of this Agreement: Sections Definitions, Consequences of Termination, Intellectual Property, Liability, Indemnification, Confidentiality, Ethics, and Miscellaneous.

19.4. Waiver

Either Party’s failure or delay to enforce a right or claim under this Agreement shall not be construed as a waiver or release of such claim, or similar claims which may arise in the future, or in any way prejudice any right of that Party under this Agreement. Any waiver by either Party of any of its rights under this Agreement must be in writing and only applies to the transaction or series of transactions expressly referred to in such waiver.

19.5. Severability

If one or several provisions of this Agreement were held invalid or so declared by law, a regulation or a final decision having res judicata effect rendered by a court having proper jurisdiction, the Parties will endeavour, without delay and in good faith discussions, to attain to the greatest extent possible the economic and/or other intended result in another legally permissible manner and the other provisions shall remain in full force and effect.

19.6. Notices

Except as otherwise provided in this Agreement, all notices and other communications hereunder shall be in writing and shall be deemed delivered by email:


(i) if to Partner, either at the email address provided by Partner at sign up or in the Brevo Account, and

(ii) if to Brevo, at the following email address: legal@brevo.com with a copy (cc) to partners@brevo.com.

The Partner is responsible for providing Brevo with its most current email address. In the event that the last email address of Partner provided to Brevo is not valid, or for any reason is not capable of delivering any notices required or permitted by this Agreement, Brevo’s dispatch of the email containing such notice will nonetheless constitute effective notice. Notice shall be deemed to have been duly given on the first business day following successful e-mail transmission to Brevo.

19.7. Non-exclusivity

This Agreement does not create an exclusive agreement between Brevo and Partner. Both parties have the right to recommend similar products and services of third parties and to work with other parties in connection with the design, sale, installation, implementation, and use of similar services and products of third parties. However, the Partner shall not refer or otherwise introduce NPCs to a competitor of Brevo while being eligible for Referral Fees under these Terms.

19.8. Non-compete

For the duration of these Terms and until the date that is one (1) year after its termination, Partner agrees (without the prior written consent of Brevo):

(a) that the Partner will not use the knowledge acquired from the Services and Contribution to develop any software products or services substantially similar in functionality to the Services;

(b) once a referred prospect becomes a paying Customer of Brevo, the Partner shall not, directly or indirectly, solicit, introduce, or refer such Customer to any competitor of Brevo for competing services ;

(c) not to engage in any activity that competes directly with Brevo regarding the referred opportunities, including but not limited to recommending, reselling, or introducing competing solutions substantially similar to the Services to any potential or existing Customer referred to Brevo hereunder.

The breach of this Article would constitute unfair competition, would result in immediate and irreparable injury to Brevo, and would cause damages that are difficult, if not impossible, to quantify.

Accordingly, to prevent and/or to rectify any such breach, Brevo may seek an injunction in addition to other remedies provided for in these Terms.

19.9. Governing law and jurisdiction

The Agreement is governed under the laws of France.


The Parties shall attempt to settle amicably, within thirty (30) days from the date of the first written notice from one of the Parties stating the existence of a dispute, any dispute relating to the conclusion, existence, or interpretation of this Agreement. The Parties undertake to appoint a representative of its executive committee, Board, or C-level, to take part in the discussions.


If no agreement is reached within this period, any dispute concerning the validity, interpretation, performance, and/or termination for any reason whatsoever of the Agreement shall be subject to the exclusive jurisdiction of the courts within the jurisdiction of the Court of Appeal of Paris (France), notwithstanding plurality of defendants or the introduction of third parties, including for incidental claims, emergency measures or precautionary procedures, in summary proceedings or by petition.

19.10. Electronic acceptance

The Parties agree that they can execute these Terms using electronic acceptance via the Platform. To become a Partner, provide the Services, and benefit from these Terms, the Partner must agree to be unconditionally bound by these Terms. Partner accepts these Terms by clicking electronically to sign up via Brevo’s interface on the Website.


The Parties agree that the electronic acceptance expresses their consent for these Terms to be legally binding to the Parties and to constitute proof in an equally valid manner as a paper document bearing a handwritten signature.

Appendix 1: Referral Specific Terms of Service

The  Referral Specific Terms aim at highlighting some important information to use our Referral Program Services, depending on the current Plan. These Referral Specific Terms form part of the Agreement and are hereby incorporated therein.

NPCs have to commit to:

• (i) For Enterprise NPC, a  minimum Subscription Term of twelve (12) months and for Professional NPC and Self Service to any duration of Subscription (each defined as a “Subscription Term”) and 

• (ii) a Minimum Net Revenue payment as defined under the Partner Program Guide. The Partner has expressed a willingness to provide such referrals for the benefit of Brevo in accordance with specific terms and conditions set forth below.

The purpose of these specific terms is to govern how Partner can contribute to identifying and presenting potential Enterprise Solution, Pro Plan and paid Self Service Customers to Brevo in exchange of which Brevo shall pay Referral Fees to the Partner in accordance with the Partner Program Guide.

Definitions

• “Commission Period” means a period of consecutive months of Subscription, as described in the Partner Program Guide, starting from the effective date of the Contract between Brevo and the NPC and depending on the Tier during which Referral Fees may be accrued based on the Net Revenue actually collected by Brevo from such NPC.

• “Minimum Net Revenue” means a minimum of Net Revenue expected to be received from NPCs as set forth in the Partner Program Guide.

• “Referral Fee(s)” means an incentive received by the Partner under the conditions set forth in Article 3.1.

• “Subscription” means the NPCs commitment to order recurring Services for an amount equal to or greater than the Minimum Net Revenue.

Article 1 - Scope of referral activity

Brevo and Partner agree to work together to generate new revenue for Brevo. Partner will notify Brevo in writing when there is an opportunity to refer a prospective customer (a “Prospect”).

For each referral provided by Partner, Brevo will check that:

• its existing Customer with a paid plan records and active sales lead pipeline for Self Service, Pro Plan and Enterprise Solution ;

• the Prospects shall not be currently engaged in active sales discussions with a Brevo Business Development Representative (BDR) or Account Executive (AE) regarding a potential upgrade of plan from a Self Service plan to either a Pro Plan or an Enterprise Solution.

The Partner shall regularly communicate to Brevo the list of identified Prospect. On Brevo’s demand, it will specify the actions undertaken or planned to solicit them. 


At Brevo’s discretion, Brevo might decide to grant a derogation to the above and allow Partner to be eligible for a Referral Fees.

ARTICLE 2. PARTNER PERFORMANCE

2.1.  Active Participation

The Partner agrees to cooperate with Brevo to identify Qualified Leads and convert them into Brevo NPCs.

Partner will be actively involved in the development of the relationship between Brevo and the Qualified Lead and will cooperate with Brevo's personnel and use its commercial best efforts to achieve its Contribution (hereinafter “Active Participation”):

(a) Partner has successfully facilitated an introduction between Brevo and the Qualified Lead executives, whether through an on-premise or web-based meeting;

(b) Partner provides reasonable assistance as requested by Brevo to promote the Services and finalize the sale with such Qualified Leads;

(c) Partner has been active in the sales cycle until at least two (2) months before the closure of the sale (i.e. the signature of the Contract), that is to say:

- sending relevant messages to relevant representatives of the Qualified Lead;

- conducting meetings with relevant representatives on the Qualified Lead’s premises or by conference calls to pursue the opportunity;

- regularly informing Brevo of dealings with Qualified Leads relevant to the development of the opportunity.

2.2.  Partner’s commitments and scope of the Contribution

The Partner undertakes to comply with all the obligations described in the Agreement, and in particular to carry out its Contribution with diligence and good faith. 


Partner warrants that any services and obligations required to achieve the Contribution will be performed in a professional and workmanlike manner.

The Partner shall make its best efforts to identify Prospects to convert them into New Paying Customers. Where needed, the Partner shall cooperate in good faith with Brevo.


Partner shall comply, and shall ensure that any third parties performing sales or referral activities on Partner’s behalf comply, with all applicable foreign and domestic laws, governmental regulations, ordinances, and judicial administrative orders, including, without limitation, data privacy laws (collectively “Applicable Laws”) and shall not engage in any deceptive, misleading, illegal or unethical marketing activities, or activities that otherwise may be detrimental to Brevo or its customers or to the public. Partner represents and warrants that its sales activities and receipt of any Referral Fees under this Agreement are consistent with Applicable Laws. Partner shall promptly inform Brevo in writing upon becoming aware of any violations of Applicable Laws in connection with this Agreement.

 

The Partner shall not, under any circumstances, act in the name and on behalf of Brevo. In particular, it shall not enter into any contract in the name of Brevo. The Partner shall not negotiate the terms and conditions of the Services nor take any commitment regarding the Services' performances.

 

Partner undertakes to ensure that the promotional and canvassing practices, as well as the communication relating to Brevo and the Services, respect Brevo’s brand image and positioning and comply with Brevo's quality standards and commercial policy as may be communicated or made available to the Partner from time to time. 


Partner will not make any representations, or utilize or distribute any materials or information with respect to Brevo or the Services (except as publicly available of the Brevo Website) without the prior written consent of Brevo. Partner may not use Brevo's or any affiliate company’s name, logo, brand, trademarks or any other element protected by intellectual or industrial property in any promotional materials or other communications with third parties without Brevo’s prior written consent.


Brevo will notify Partner (i) if such Prospect is (a) an existing Customer, (b) an active prospective customer, or (c) if a conflict exists between such Prospect and any existing or prospective customer of Brevo, and (ii) whether or not Brevo considers such Prospect to be a Qualified Lead as defined in the “Terms”.

2.3 Qualified Lead process

Brevo will decide if a Prospect Brevo’s general suitability and qualification criteria, including, but not limited to:

• the size of the revenue opportunity, 

• the identification of a person with sufficient decision making/purchasing authority, 

• the suitability of the Services for such Prospect, 

• compliance with the applicable Brevo’s terms and conditions governing the relevant plan either Self Service, Pro Plan or Enterprise Solution and,

• additional qualifying criteria as the case may be, which Brevo will reasonably determine.

Brevo may determine whether to accept Prospects who are not qualified under this definition on a case by case basis. A Prospect will be accepted as a Qualified Lead upon written notification by Brevo to the Partner or directly via the Third Party Editor.


A Qualified Lead may only be an organization that is projecting the Minimum Net Revenue or more and that complies with the general rules provided in Article 1 above.

 

Brevo is under no obligation to enter into Contracts with the Qualified Leads presented by the Partner. 


In the event that a Pro Plan Qualified Lead has not entered into a Contract with Brevo within three (3) months of registration by Partner, the lead will no longer be a Qualified Lead and Partner must re-submit such Prospect for approval as set forth above.

 

In the event that an Enterprise Qualified Lead has not entered into an agreement with Brevo within six (6) months of registration by Partner, the lead will no longer be a Qualified Lead and Partner must re-submit such Prospect for approval as set forth above.


For Self Service paid plans, attribution is automatic on account creation, there is no validity window.

ARTICLE 3. REFERRAL FEES

3.1.  General rules of compensation

A Qualified Lead becomes a NPC of Brevo once a Contract has been signed  and has entered into force.

 

The Partner shall receive an incentive, in the form of a fee corresponding to (i) a percentage of Brevo's recurring fees before taxes collected by Brevo as a result of Contracts concluded with NPC (i.e. the Net Revenue as further defined in the Partner Program Guide) and (ii) the adhesion to a Tier of the Partner as described in the Partner Program Guide. The calculation and the attribution of the Referral Fees are solely operated by Brevo. It being specified that Referral Fees shall not apply to pass-through costs or third-party products for which Brevo acts as an intermediary, such as but not limited to SMS and WhatsApp Services. The Referral Fees shall be granted in accordance with the provisions of the Partner Program Guide.


These Referral Fees constitute a global, fixed, and definitive remuneration for the Contribution of the Partner, all the services and all the expenses of the Partner under this Agreement, without any exception or reservation. The Partner may therefore not claim any other remuneration or compensation or any other payment whatsoever.

 

In order to receive any applicable Referral Fees, Partner must have submitted to Brevo through the Third Party Editor’s Portal all necessary tax information (including the VAT number if applicable) and documents, a certification of incorporation (when applicable) and all required banking information.


The Referral Fees will be paid within ninety (90) days following the end of the month in which NPC has paid Brevo, provided Partner has sent the valid invoice(s) to Brevo.

3.2.  Audit

On Partner’s request and not more than once per year, Brevo shall share with Partner a record of the amount of the Net Revenue collected by Brevo. Brevo shall have complete freedom to set the prices with the NPC, to set the amounts invoiced to the NPC, and to grant any rebate or discount Brevo deems appropriate.

3.3 Conditions of payment of the Referral Fees

The Referral Fees shall only be validated by Brevo and accrued and payable upon Brevo’s actual receipt of payment of the amount of Net Revenue from the NPC for the relevant invoice in accordance with the Contract and for the duration of the Commission Period.

• Annual payment: If the NPC pays an annual subscription upfront, the Referral Fee for the entire paid annual amount shall be issued following receipt of such payment.

• Monthly or Quarterly payment: If the NPC pays on a monthly or quarterly basis, Referral Fees shall be issued incrementally, on a back-to-back basis, following the actual collection of each corresponding invoice from the NPC (quarterly or monthly).

Should the Net Revenue for the Commission Period not be paid by the NPC in full via a one-time advance payment, the payment of Referral Fees by Brevo to the Partner will be conditional upon and proportional to the amounts of Net Revenue progressively collected by Brevo from the NPC.

 

Brevo shall only pay the Referral Fees if the Partner has engaged in Active Participation with the Qualified Lead.

Notwithstanding the above, the Partner’s entitlement to Referral Fees shall automatically cease upon the occurrence of either of the following events :  

• if a NPC terminates or cancels the Contract before the end of the Subscription Term, the Partner’s entitlement to the Referral Fees shall immediately cease as of the date of the effective termination of the Referred NPCs Contract;

• The NPC's failure to pay Brevo's invoices;

• In the event a NPC terminates or cancels the Contract prior to the expiration of the Commission Period, Referral Fees shall strictly be calculated and paid on a pro-rata basis for the period during which the NPC was actively contracted and paying Brevo. For the avoidance of doubt, Referral Fees shall only be paid for the actual duration of the NPC’s Contract and based on actual payment; no Referral Fees shall be due or payable for any remaining portion of the Commission Period following the effective termination date.

The payment of any Referral Fees shall only be due if the Contract clearly provides (i) a minimum Subscription Term and (ii) a Subscription including the Services and volume defined in these Specific Terms.


Brevo may notify from time to time Partner with a newly applicable Minimum Net Revenue.

 

The confirmation of the above conditions validates the Referral Fees but shall not commit Brevo to pay Referral Fees to the Partner with a retroactive effect.


For Enterprise NPC, Pro Plan NPC and Self Service NPC, the rate or the Referral Fee shall be determined in accordance with a percentage of the Net Revenue as validated and collected by Brevo from a designated NPC over the Commission Period as described more thoroughly in the Partner Program Guide.

3.4 Processing of the Payment of the Referral Fees

Payment of the Referral Fees will be done via the Third-Party Editor’s Portal.


Brevo may withhold payment of any Referral Fees until the Third-Party Editor and/or Brevo have verified the validity of the referral and the legitimacy of the Fees.


The Partner is eligible for the Referral Fees only from the date of the first recurring invoice related to the NPC. The allocated amount of the Referral Fees is reflected in the Payment Account without undue delay following the issuance of the first recurring invoice date attached to the NPC.


The Third-Party Editor will directly pay the Referral Fees to the Partner in accordance with the Third-Party Editor’s terms and conditions and Brevo shall not be responsible for the performance of such payment. Partner acknowledges and accepts to comply with the Third-Party Editors’ terms of service, including but not limited to their privacy policy, available at https://partnerstack.com/legal/client.


The Referral Fees shall not be attributed to the Partner and payment shall not be performed if: (i) Partner has breached these Terms or the Brevo General Conditions of Use; or if (ii) the login email address to the Portal and the login email address to the Brevo Account are not the same; or if (iii) the Partner changes either the login email address to the Payment Account and/or the login email address to the Brevo Account unless such change has been notified in writing in advance to Brevo and accepted by Brevo; and/or(iv) Partner fails to update payment information for three (3) consecutive months following Brevo’s first attempt to pay Partner. In this latter case (iv), Partner acknowledges and agrees that it forfeits any rights to receive any applicable Referral Fees.

Appendix 2: Implementation Specific Terms of Service

The Implementation Specific Terms aim at highlighting some important information to use Brevo’s Implementation Services. These Implementation Specific Terms form part of the Agreement and are hereby incorporated therein.

For the Enterprise Solution only, and depending on the Customer’s individual requirements, the contractually compliant commissioning of the Brevo Platform may require specialized technical implementation, which is not part of Brevo’s service portfolio. The Pro Plan and Self Service offer are not subject to such Implementation Services. 

Brevo therefore cooperates with the Partner, who has the necessary knowledge and resources to provide such implementation services (hereinafter the “Implementation Services”) to Customers independently, on its own responsibility.

The subject matter of these Specific Terms of Service is to govern the legal and operational framework of the cooperation between Brevo and the Partner. The Partner provides Implementation Services to Customers who have purchased the Enterprise Solution from Brevo; for this purpose, Brevo grants the Partner access to the Brevo Platform and provides the technical documentation required for the provision of the Implementation Services. These Specific Terms of Service do not themselves constitute an order for Implementation Services; the Implementation Services are commissioned and governed exclusively by the contract concluded directly between the Partner and the Customer (hereinafter the “Customer Contract”).

Article 1. Obligations of the Partner

(1) The Partner provides the Implementation Services on the basis of the respective Customer Contract. The scope and specification of the Implementation Services are governed by the agreements made in the Customer Contract.

(2) The Partner provides the Implementation Services in accordance with the recognized state of the art and using sufficiently qualified personnel.

(3) The Partner ensures that the personnel deployed know and apply the technical documentation for the Brevo Platform provided by Brevo (hereinafter the “Documentation”). Where Brevo offers training, the Partner shall ensure that its personnel meet the qualification standards designated by Brevo as mandatory. These requirements constitute quality standards only and do not establish any authority of Brevo to issue instructions to the Partner or its personnel.

(4) If it becomes apparent that an Implementation Service cannot be completed by the time agreed in the Customer Contract, the Partner shall inform Brevo without undue delay of the delay and communicate the expected new completion date.

(5) The Partner shall not make any representations, warranties, guarantees or other assurances to Customers or prospective Customers regarding the functionality, features, availability, performance or fitness for a particular purpose of the Brevo Platform, or regarding its limitations. Statements by the Partner concerning the Brevo Platform shall be limited to the content of Brevo's official Documentation or to statements otherwise approved by Brevo in text form. Any representations regarding the Brevo Platform vis-à-vis the Customer are made exclusively by Brevo under the Customer's own agreement with Brevo.

(6) The Partner’s Implementation Services to Customers are remunerated exclusively on the basis of the respective Customer Contract. There are no mutual remuneration obligations between Brevo and the Partner under these Specific Terms of Service.

(7) The Partner grants Brevo a non-exclusive, irrevocable, free-of-charge, and sublicensable license to use work results, deliverables, and other copyrightable works that the Partner creates exclusively with its own resources and without any substantive contribution from Brevo, only to the extent necessary for the operation and further development of the Brevo Platform. 

(8) Under this Partner Program, Brevo reserves the right to request from the Partner, on an ad hoc basis and at its sole discretion, a copy of the agreement executed between the Partner and the Customer. The Partner agrees to provide the requested document within 5 business days following receipt of the written request.

Article 2. Obligations of Brevo

(1) Brevo provides the Partner with access to the Brevo Platform, including access to the application programming interfaces (APIs) and the platform user interface, together with the Documentation required to use the Brevo Platform (collectively the "Platform Access"). 

(2) To the extent that access to Brevo's Pre-existing IP is necessary for the Partner to provide the Implementation Services, Brevo grants the Partner a non-exclusive, non-transferable license to use it, limited to the term of this Agreement (including any Settlement Period pursuant to article 3 of these Specific Terms) and restricted to that purpose.

(3) Brevo will make available a suitable mechanism like a dedicated channel to address the Partner's questions regarding the coordination of the cooperation and the Brevo Platform.

(4) Brevo informs the Partner of any material changes to the Brevo Platform or the Documentation that may affect the Partner's Implementation Services without undue delay, and in any event no later than ten (10) working days before the planned go-live of the respective change, unless a shorter period is required for security reasons or to comply with legal obligations, in which case Brevo shall inform the Partner as early as reasonably possible.

(5) If the Partner encounters technical questions about the Brevo Platform during the provision of the Implementation Services, Brevo will, upon the Partner’s request, provide technical assistance with the relevant platform expertise without undue delay. Responsibility for the Implementation Services towards the Customer remains exclusively with the Partner.

Article 3. Specific consequences of termination for Implementation Services

Termination does not affect Customer Contracts already concluded. For the sole purpose of settling such Customer Contracts, this Agreement continues to apply in full for a period of up to three (3) months after termination (the "Settlement Period"), provided that no new Customer Contracts may be based on this Agreement during that period. In particular, Brevo continues to provide the Partner with Platform Access to the extent necessary for that settlement. In individual cases, Brevo may extend this period at its reasonable discretion.

Article 4. Communication

The parties use a specific designated workspace provided by Brevo as the channel for day-to-day operational communication and coordination under this Agreement (e.g. technical queries and coordination) that takes the form of a ticketing tool. The Partner shall ensure that the relevant personnel are reachable via this channel during normal business hours. Any deviation from the use of this channel requires prior agreement between the parties in text form. This Article applies only to operational communication. Notices and declarations in particular termination, warnings and consents must be made in text form and sent to the designated contact email address designated under Section 19.6. Notices of the Terms.

Link to previous versions of the Terms & Conditions

Version valid until September 26th, 2026: https://partners.brevo.com/experts-agreement