Application Sale via monday.com’s Sales Order Program Terms and Conditions
Welcome to the Sale of Application in Sales Order Program (the “Program”). These Program Terms and Conditions (“Program Terms”) forms part of the monday.com Marketplace Listing Terms or other agreement executed between the Parties governing the listing of your App (as defined in the Marketplace Listing Terms) on monday.com Marketplace (collectively “Agreement”), which incorporated herein by reference, and reflects the parties understanding regarding the sale of your App via monday.com Sales Order (as defined below). Please read carefully these Program Terms (“Terms”), and don’t enter into the Program if you don’t agree to be bound by these Terms.
- By approving these Terms or by enrolling to the Program you agree and acknowledge that (i) you are not relying on any representation or statement other than as expressly set forth in these Terms; and (ii) that you have full legal authority to enter into these Terms. Capitalized terms not otherwise defined herein, shall have the meaning ascribed to them in the monday.com Marketplace Listing Terms. In case of any contradiction between these Terms and the monday.com Marketplace Listing Terms, the Terms shall prevail.
- Participation. you agree that monday.com may sell your monday.com Billed App as part of a monday.com Sales Order to its potential and existing Customers (as defined in monday.com’s Terms of Service).
“Sales Order” shall mean a sales order, provided by monday.com to monday.com Customer for the purchase monday.com Services either together with the App or for the standalone purchase of the App via a monday.com sales order. - Customer Account Upgrades. You acknowledge and agree that monday.com Customers may perform upgrades to their account during an existing Sales Order period, which may result in upgrade of their plan. In such case and where applicable your App may be upgraded as well, to accommodate the upgraded plan (“Upgrade”). You acknowledge and agree that any Discount (as defined below) or other terms provided to the Customer shall apply to any Upgrade.
- Yearly Pricing. You acknowledge and agree that Customer’s purchasing your App via monday.com will be charged with your yearly subscription fee plan, divided into the number of months within the applicable Sales Order. In the event that your App has different pricing plans for monthly subscription and yearly subscription, monday.com will only charge the applicable yearly subscription fee and any difference between prices will not be charged or transferred to you.
- Payment. In addition to Clause 4(d) of the Marketplace Listing Terms, you acknowledge and agree that monday.com will remit any fees owed to you only after collecting the full due amount from the Customer. monday.com reserves the sole discretion to establish and modify the payment schedule with its Customers, including the payment schedule applicable to the App.
- Discounts. From time to time, you may offer discounts, on a case by case basis, to customers of monday.com for the purchase of your App (“Discount(s)“). To implement a Discount, you must provide written notification to monday.com specifying the proposed discount rate (“Discount Rate“). Upon receipt and approval by monday.com, the Discount Rate shall be applied to the applicable Sales Orders of monday.com Customers. The Discount Rate, once granted, may not be revoked or modified by you without the prior written consent of monday.com, which may be withheld at its sole discretion. The Discount Rate shall remain in effect for all applicable current and future Sales Orders of the respective monday.com Customers who received such Discount, unless monday.com has agreed to revoke or modify the Discount Rate, at its sole discretion.
- Term and Termination. The will remain in effect until the earlier of, termination of this Program, or your participation in the Program has ended. You may terminate your participation in the Program at any time, by providing monday.com with a 30 days written notice. monday.com, at its sole discretion and without liability to you, may terminate your participation in the Program. monday.com may modify these Program Terms without notice, or any part thereof, at its sole discretion and without liability to you.
- Feedback. As a participant in the Program you may be required to participate in activities such as interviews and questionnaires in order to provide such feedback about the Program.
- Qualification. monday.com may determine qualification criteria for participation in the Program, and may at its sole discretion approve or deny any application to participate in the Program.
- Survival. Sections 2 through 8 will survive expiration or termination of these Terms.