Last update: 13th February, 2024

3CX Partner Agreement

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This contract is entered into;

3CX Ltd, from now on called "3CX".

and;

the applicant from now on called "Partner".

It is hereby agreed as follows;

Article 1 - Purpose

3CX produces telecommunications software products, and hereby grants the Partner, acting as an independent business, the opportunity to sell & market 3CX software products, within their respective markets and under the conditions laid out in this Agreement. This is in no way a transfer of marketing rights, property rights, author rights, patented or non-patented rights.

3CX Maintains the right to amend or edit the 3CX Partner Program requirements and benefits when it deems fit, without prior notice.

Article 2 - 3CX Partner Program Applicants

Applicants of the 3CX Partner Programme agree to place orders of value equal to 500 USD/ EUR/ GBP within 7 days of the approval of their application. 

Should this criteria not be met their partner account will be converted to an end user account.

Article 3 - Partner Levels

Revenue targets

Partner targets are measured in the RRP value of the orders placed in USD, EUR and GBP. Purchases made in CAD and AUD will be converted to USD and purchases made in CHF will be converted to EUR.

Partners meeting all the revenue targets of any Partner level, are instantly promoted. 

A partner which fails to meet the full revenue target of their partner level by midnight, UTC, 31st December, will be demoted to the appropriate partner level per the 3CX Partner Program. Demotions take place on 1st January.

On the 1st of January of each year, every 3CX Partner’s RRP revenue balance is set to zero. Any revenue achieved which exceeds the requirements of the accomplished partner level will not be transferred to the next calendar year.

Partners who do not meet any of the partner level minimal requirements will be removed from the 3CX Partner Program and subsequently their partner account will be converted to an end user account.

Certifications

The 3CX Certification requirements listed below are to be fulfilled by at least 1 person linked to a partner account and are required in order to access free 3CX Support, according to the Partner Account’s 3CX Partner Level.

3CX Website listing

3CX Partners of Bronze level and above must include a link-back to their local 3CX website, in order to be listed on www.3cx.com or any of our websites. Bronze Partners will only be listed if there are less than 10 partners of Silver+ level in their registered country.

Sales Leads

Free Sales leads are sent to 3CX Partners of Silver level and above. The volume and frequency of the leads are  subject to the partner level of a 3CX partner, availability and geographic location of such leads.

Bronze Partner

Revenue Targets

New partners will be promoted to Bronze partner level upon placing their initial order of 500 USD/ EUR/ GBP within 7 days of the approval of their application. Within the first 6 months of their partnership with 3CX orders equal to 1,000 EUR/USD/GBP. Failure to do so will result in the account being converted to an end user account.

The Bronze Partner level’s annual revenue target is 1,000 EUR/USD/GBP. 

Benefits

The benefits of a Bronze partner are:

• 8SC Enterprise  Edition NFR license

• 4SC Enterprise  Edition NFR license

• 15% margin, on license pricing as listed on 3cx.com.

• 10% margin on 3CX Hosted

• 3CX Partner Forum Access

• Listing on the 3CX website*

Support

The certification requirement for this Partner Level to access 3CX Technical Support is the 3CX Basic Certification. Bronze Partners have:

• Support for 3CX Hosted

• Support for 3CX SMB

Any unused tickets will not be forwarded to the next calendar year.

Silver Partner

Revenue Targets

The Silver Partner level’s annual revenue target is 5,000 EUR/USD/GBP. 

Benefits

The benefits of a Silver partner are:

• 16SC Enterprise  Edition NFR license

• 4SC Enterprise  Edition NFR license

• 20% margin, on license pricing as listed on 3cx.com.

• 15% margin on 3CX Hosted

• Sales Leads

• Dedicated Account Manager

• Invitation to 3CX Technical Training and Sales Events

• 3CX Partner Forum Access

• Listing on the 3CX website

Support

The certification requirement for this Partner Level to access 3CX Technical Support is the 3CX Advanced Certification. Silver Partners have:

• Support for 3CX Hosted

• Support for 3CX StartUP

• 3CX Dedicated Support

Gold Partner

Revenue Targets

The Gold Partner level’s annual revenue target is 25,000 EUR/USD/GBP. 

Benefits

The benefits of a Gold partner are:

• 32SC Enterprise  Edition NFR license

• 4SC Enterprise  Edition NFR license

• 25% margin, on license pricing as listed on 3cx.com.

• 15% margin on 3CX Hosted

• Sales Leads

• Dedicated Account Manager

• Invitation to 3CX Technical and Sales Events

• 3CX Partner Forum Access

• Listing on the 3CX website

Support

The certification requirement for this Partner Level to access 3CX Technical Support is the 3CX Advanced Certification. Gold Partners have:

• Support for 3CX Hosted

• Support for 3CX StartUP

• 3CX Dedicated Support

Platinum Partner

Revenue Targets

The Platinum Partner level’s annual revenue target is 50,000 EUR/USD/GBP. 

Benefits

The benefits of a Platinum partner are:

• 32SC Enterprise  Edition NFR license

• 4SC Enterprise  Edition NFR license

• 30% margin, on license pricing as listed on 3cx.com.

• 20% margin on 3CX Hosted

• Sales Leads

• Dedicated Account Manager

• Invitation to 3CX Technical and Sales Events

• 3CX Partner Forum Access

• Listing on the 3CX website

Support

The certification requirement for this Partner Level to access 3CX Technical Support is the 3CX Advanced Certification. Platinum Partners have:

• Support for 3CX Hosted

• Support for 3CX StartUP

• 3CX Dedicated Support

Titanium Partner

Revenue Targets

The Titanium Partner level’s annual revenue target is 150,000 EUR/USD/GBP. 

Benefits

The benefits of a Titanium partner are:

• 32SC Enterprise  Edition NFR license

• 4SC Enterprise  Edition NFR license

• 35% margin, on license pricing as listed on 3cx.com.

• 20% margin on 3CX Hosted

• Sales Leads

• Dedicated Account Manager

• Invitation to 3CX Technical and Sales Events

• 3CX Partner Forum Access

• Listing on the 3CX website

Support

The certification requirement for this Partner Level to access 3CX Technical Support is the 3CX Advanced Certification. Titanium have:

• Support for 3CX Hosted

• Support for 3CX StartUP

• 3CX Dedicated Support

Article 4 - Payment terms

All products can be purchased via 3CX's distribution channel partners or directly from 3CX depending on the market. 

3CX may grant payment terms to Platinum or Titanium Partners. Such requests should be sent in writing and are reviewed on a case to case basis.

Article 5 - Duration of this Contract

1. This Agreement is continuous.

2. This Agreement may be terminated by either party at any time, without written notice.

Article 6 - Obligations of 3CX

3CX commits to provide partners the benefits as described above, according to the partner level achieved by the 3CX Partner.

Article 7 - Obligations of Partner

Partner commits to the following:

1. Comply with the 3CX Support procedures

2. Install 3CX PBX as per the instructions found in our manuals.

3. Offer 1st line support packages to their 3CX customers.

4. Maintain their 3CX customers 3CX Phone Systems’ on the latest version and service pack. 

5. Register 3CX subscriptions with the end-users details.

6. Display the 3CX Logo on their company’s website, including a description of 3CX Phone System and a link to their local 3CX website.

7. To sell 3CX as per the RRP prices listed on 3CX.com.

8. To recommend only the 3CX Phone System to any 3CX leads, sent by 3CX.

9. Comply with the Terms and Rules of the 3CX Forums.

Article 8 - Trademarks

1. Ownership of trademarks - Partner acknowledges that 3CX is the rightful owner of all its trademarks, including the 3CX logo and name.

2. Use of trademarks - The Partner may use certain 3CX trademarks in connection with the business of marketing and selling the products. The use of trademarks in URLs or any other website related information is not allowed. In the event that this agreement is terminated by either party, Partner commits to stop using any 3CX trademarks immediately.

3. In the event that the Partner Agreement is terminated and the Partner continues using the trademarks, then 3CX reserves all of the rights to take legal action against the Partner. 

Article 9 - Copyright of 3CX Products

1. The Partner acknowledges the copyright of 3CX on all its products, and will commit to notifying 3CX immediately, should they become aware of any infringement of this copyright.

2. In the event that 3CX becomes aware of copyright infringement where the Partner was aware of such infringement, then 3CX reserves all of the rights to consider whether the Partner Agreement is subject to termination. 

Article 10 - Not for Resale License Keys

1. The Partner agrees not to sell or distribute the NFR license key for 3CX Phone System provided free of charge by 3CX.

2. The NFR key may only be used at the partner's premises. The key may not be used at a customer's premises, not even for demonstration purposes.

3. In the event that the Partner sells or distributes the NFR license key of 3CX, without 3CX’s prior written permission, then 3CX reserves all its rights to take legal action against the Partner.

Article 11 - Limitation of Liability

NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF USE OR OTHER COMMERCIAL LOSS OF WHATEVER NATURE ARISING OUT OF OR CONNECTED WITH THIS AGREEMENT OR ITS PERFORMANCE, PARTIAL PERFORMANCE OR NON PERFORMANCE, EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT.

Article 12 - Data Protection

Please refer to Appendix 1 for the 3CX Data Processing Agreement

Appendix 1

3CX Data Processing Agreement

BACKGROUND

This Agreement is to ensure the protection and security of Personal Data that is the subject of this Partner Agreement, including all Personal Data passed from 3CX (Data Controller) to the Partner (Data Processor) for processing, or accessed by the Partner on 3CX's authority for processing, or otherwise received by the Partner for processing on 3CX's behalf.

The Data Protection Laws place certain obligations upon a Data Controller to ensure that any Data Processor it engages provides sufficient guarantees to ensure that the processing of the Personal Data carried out on its behalf is secure.

1        Data Protection

1.1        Definitions

In this Agreement:

1. Data means all Personal Data collected, generated or otherwise processed by Partner as a result of, or in connection with, the provision of the Services.

2. Data Protection Laws means:

1. from 25 May 2018, the General Data Protection Regulation (EU 2016/679) (GDPR);

2. the Electronic Communications (EC Directive) Regulations 2003, together with any legislation which replaces it.

3. Data Subject means an individual who is the subject of personal data.

4. EEA means the European Economic Area.

5. Personal Data has the meaning given to it under the Data Protection Laws.

6. Records means the records referred to in Clause 1.7.1.

7. Services means those provided by the Partner on behalf of 3CX under the terms of the 3CX Partner Agreement

8. Sub-Processor has the meaning set out in Clause 1.4.1.

9. Supervisory Authority means any data protection authority with jurisdiction over the processing of the Data.

1.2         Data Processing

1.2.1        Partner shall comply with the requirements of the Data Protection Laws in respect of the activities which are the subject of the 3CX Partner Agreement and shall not knowingly do anything or permit anything to be done which might lead to a breach by 3CX of the Data Protection Laws.

1.2.2        Without prejudice to Clause 1.2.1 the Partner shall:

3. Process the Data only in accordance with the written instructions of 3CX, unless the Partner is required to process the Data for other reasons under the laws of the European Union (or a member state of the European Union) to which Partner is subject.  If the Partner is required to process the Data for these other reasons, Partner shall inform 3CX before carrying out the processing, unless prohibited by relevant law.

4. Immediately inform 3CX if it’s believed that 3CX's instructions infringe the Data Protection Laws;

5. Have in place, and maintain at all times, all appropriate technical and organizational security measures against:Unauthorized or unlawful processing, use, access to or theft of the Data; and loss or destruction of or damage to the Data

To ensure that Partner's processing of the Data is in accordance with the requirements of the Data Protection Laws and protects the rights of the Data Subjects.  On request Partner shall provide 3CX with a current written description of the security measures being taken;

6. Ensure that all persons authorized by Partner to process Data are bound by obligations equivalent to those set out in this Clause 1;

7. ensure that access to the Data is limited to those Partner personnel who need access to the Data to meet Partner's obligations under the Agreement;

10. 1.2.4 The Partner shall provide such assistance as 3CX requires in order for 3CX to:

1. respond to requests relating to Partner's data processing from Data Subjects;

2. ensure compliance with 3CX's obligations under the Data Protection Laws, including in relation to:

1. the security of processing; and

2. with the preparation of any necessary data protection impact assessments and the undertaking of any necessary data protection consultations.

1.3         Transfers to Other Parties

1.3.1         Partner shall not allow any Data to be transferred to any other party unless it has the express permission of the individual concerned or it is fulfilling a legal obligation

1.3.2        Failure to comply with this Clause 1.3 shall be deemed a material breach of the 3CX Partner Agreement and shall be subject to immediate termination of the Agreement.

1.4        Sub-Processors

1.4.1        Partner shall not engage any third party, including a member of Partner’s Group, to carry out processing in connection with the Services without 3CX’s prior written consent.

1.4.2        Prior to allowing a Sub-Processor authorized under or in accordance with Clause 1.4.1, the Partner shall enter into a written agreement with the Sub-Processor under which Sub-Processor is obliged to comply with the terms of this Clause 1.  Partner remains fully liable to 3CX for any acts or omissions of any Sub-Processors.

1.5        Information Provision and Data Protection Audits

1.5.1        On request and at no additional charge, Partner shall provide to 3CX all information required by 3CX to assess Partner's compliance with Clause 1 and the Data Protection Laws and, to the extent possible, all information necessary for 3CX to demonstrate 3CX's compliance with the Data Protection Laws; and

1.5.2        In order that 3CX and any Supervisory Authority may audit Partner's compliance with the Data Protection Laws and the terms of this Clause 1, on request and at no additional charge Partner shall provide 3CX with:

1. Reasonable access to all relevant information, premises, Data, employees, agents, Partner Sub-Processors and assets at all locations from which obligations of Partner under this Clause 1 are being or have been or should have been carried out; and

2. all reasonable assistance in carrying out the audit,

during the Term of the Agreement and for 36 months after the Termination Date, subject to 3CX giving Partner five Business Days' notice (except where such audit is required by a Supervisory Authority to which 3CX is subject).

1.6        Dealings with Supervisory Authorities

1.6.1        Partner shall promptly provide all assistance and information which is requested by any Supervisory Authority

1.6.2        Partner shall immediately notify 3CX of any request that it receives from any Supervisory Authority for assistance or information , unless prohibited by relevant law.

1.7        Records

1.7.1        Partner shall maintain records of all processing activities carried out on behalf of 3CX, including:

1. the information described in Clause 1.5;

2. the different types of processing being carried out (if applicable);

3. a description of the technical and organisational security measures referred to in Clause 1.2.3,

together, the Records (Records).

1. The Records shall be in written electronic form.

2. Partner shall provide the Records to 3CX promptly on request.

1.8         Data Subjects

On request, Partner shall take all necessary action and provide 3CX with all reasonable assistance necessary for 3CX to comply with 3CX’s obligations under the Data Protection Laws in relation to:

(a)        the provision of information to Data Subjects;

(b)        the rectification of inaccurate Data in relation to a Data Subject

(c)        the erasure of a Data Subject’s Data; and

(d)        the retrieval and transfer of the Data of a Data Subject

1.9         Data Breaches

1.9.1        Partner shall notify 3CX immediately after becoming aware of any unauthorised or unlawful processing, use of, or access to the Data, or any theft of, loss of, damage to or destruction of the Data (Security Incident) or any breach of this Clause 1. Failure to notify 3CX shall be deemed a material breach of the 3CX Partner Agreement incapable of remedy.

1.9.2        In the event of a Security Incident, Partner shall provide 3CX with full co-operation and assistance in dealing with the Security Incident, in particular in relation to:

(a)        resolving any data privacy or security issues involving any Data; and

(b)        making any appropriate notifications to individuals affected by the Security Incident or to a Supervisory Authority.

1.9.3        Partner shall investigate the Security Incident in the most expedient time possible and shall then provide 3CX as soon as possible thereafter with a detailed description of the Security Incident, the type of data that was the subject of the Security Incident, and any other information that 3CX may request concerning the Security Incident.

1.9.4        Partner shall take all steps necessary to prevent a repeat of the Security Incident and shall consult with and agree those steps with the 3CX unless immediate steps need to be taken and it is impractical to consult with 3CX in that respect.

1.10        Return or Destruction of Data

Partner shall, within 30 days after termination, at 3CX’s discretion, destroy or return all Data to 3CX on termination of the 3CX Partner Agreement, and shall destroy or delete all copies it holds of the Data, unless relevant local law or relevant Data Protection Laws to which Partner is subject requires that Data to be retained.

1.11        Governing Law

Any possible legal action as a result of a breach of this Partner Agreement, shall be governed by the laws of the Republic of Cyprus.

1.12        Warranties

1.12.1        Partner (Data Processor) warrants that:

1. it will process the Data in compliance with all applicable laws, enactments, regulations, orders, standards and other similar instruments, including the Data Protection Laws; and

2. it will take appropriate technical and organisational measures against the unauthorised or unlawful processing of Data and against the accidental loss or destruction of, or damage to Data to ensure 3CX's compliance with the Data Protection Laws.

3. Partner shall notify 3CX immediately if it becomes aware of:

4. any unauthorised or unlawful processing, loss of, damage to or destruction of the Data;

5. any advance in technology and best practice which mean that 3CX should revise the security and technical measures in place in order to protect the Data as well as the processing of the Data.

1.12.2        3CX (Data Controller) warrants that:

1. it will provide Partner with all Data in compliance with all applicable laws, enactments, regulations, orders, standards and other similar instruments, including Data Protection Laws; and

2. the Data which it supplies or discloses to the Partner, has been obtained fairly and lawfully; and

3. it will obtain all necessary consents from persons whose Data is being processed and registrations with authorities to permit 3CX to transfer Personal Data to third parties pursuant to its obligations under this Agreement.

1.13        Indemnity

Partner shall on demand indemnify 3CX from and against all Losses incurred by 3CX, or its employees, officers, agents and contractors, as a result of any breach by Partner of Clause 1.

1.14        Priority

Partner shall comply with this Agreement in addition to its obligations under any other contract with 3CX (whether currently in force or entered into in the future). Where there is any inconsistency between the two, in relation to Data Protection, this Agreement shall prevail, unless 3CX notifies Partner otherwise in writing.