FreshBooks Accountant Network Terms of Service
Last Updated: May 8 2014
FreshBooks Accountant Network
The FreshBooks Accountant Network (referred to as the “Program” in this document) provides financial services professionals the ability to promote the FreshBooks cloud accounting product to their small business clients. Membership of the Program may assist financial services professionals in expanding their reach and finding new business. The Program includes a free certification session that teaches members the benefits of FreshBooks and provides continuing education credits.
Program membership is available to financial services professionals who are self-employed or in private practice that provides accounting, tax preparation or bookkeeping services to multiple clients on a fee-paying basis. You must be an accredited accountant or bookkeeper providing services in accordance with any regulatory or legal requirements for your profession and by applying to join the Program, you represent and warrant to FreshBooks that you are in good standing with any regulatory body and compliant with any rules or regulations that govern your provision of services.
Free Account. Program membership includes a royalty-free, non-transferable, non-exclusive license to one (1) FreshBooks account, subject to the license terms available here, for internal use and/or to support services provided to your clients who use FreshBooks.
FreshBooks Marks. “FreshBooks Marks” refers to trademarks, trade names, logos, service marks, domain names and URLs found at flashmind.info, which FreshBooks may change from time to time the discretion of FreshBooks. Program membership includes a limited, nonexclusive, royalty-free, nontransferable, worldwide license, without the right to sublicense, for you to use, reproduce, publicly perform, distribute and display FreshBooks Marks solely in the form delivered by FreshBooks, in connection with the Program.
Conduct of Business
As a FreshBooks program member, you represent and warrant that you will conduct business and provide services: (a) in a manner that reflects favorably at all times on the products, services, goodwill and reputation of FreshBooks; (b) in full compliance with all applicable laws and regulations; and (c) in full compliance with all agreements you may have with FreshBooks. You further agree: (i) not to engage in deceptive, misleading or unethical practices; (ii) not to make any statements, representations, warranties, or guarantees to customers that are inconsistent with the policies established by FreshBooks; (iii) to provide support and services of the highest quality and integrity; and (iv) to use best efforts to resolve any complaints or disputes with your clients regarding your services under the Program in a fair and timely manner. You agree not to use or display any materials or content on your Web site in a manner that is, as determined by FreshBooks in its sole discretion, defamatory, misleading, libelous, obscene or otherwise potentially damaging to the reputation of FreshBooks, or the goodwill associated with FreshBooks.
You will indemnify and defend FreshBooks (its employees, directors, officers) and its affiliates, subsidiaries and agents (“Indemnified Parties”) from any and all claims, actions, proceedings, liabilities, losses, damages, costs or expenses (including reasonable attorneys’ fees) incurred by the Indemnified Parties resulting from, or arising out of or in connection with (any breach by You of any covenant, representation or warranty by you under this Agreement.
Limitation of Liability
Membership of the program is on a voluntary basis and the program is provided ‘as is’ with no representations, warranties or guarantees of any kind. FreshBooks shall have no liability to you or any other person or entity for any damages of any kind (whether arising from this agreement, related to the software, the program or to any services provided to you by FreshBooks) including, but not limited to, loss of profit or other commercial or economic loss, whether arising from contract, equity, tort (including negligence or strict liability) or any other theory of liability, even if FreshBooks has been advised of the possibility of such damages, or they are foreseeable.
FreshBooks may terminate your Membership at any time, with or without cause, by written notice to you. If your Membership terminates at any time, access to your FreshBooks account will be deactivated and you must discontinue all use of FreshBooks Marks and you will be removed from the FreshMap.
As a member of the Program, you agree that any information FreshBooks discloses to you that is identified by FreshBooks as confidential or proprietary, or is otherwise not generally available to the public, is confidential information and that you will not disclose such confidential information without FreshBooks’ prior written consent.