Qumra Partner Program Agreement

Introduction

Welcome to the Qumra Partner Program. This agreement ("the Agreement") governs the relationship between you ("the Partner" or "the Developer") and the Qumra platform ("Qumra" or "the Platform"). By registering in the Partner Program, or by publishing any app or theme on the Qumra store, you agree to all of the terms and conditions set out in this Agreement.

1. Definitions

• The Platform: the Qumra e-commerce platform and all of its related services.
• The Partner/Developer: any individual or entity registered in the Qumra Partner Program to build apps or themes.
• The App: any program or extension the Partner builds and publishes on the Qumra app store.
• The Theme: any design template the Partner builds and publishes on the Qumra theme store.
• The Product: covers both apps and themes.
• The Merchant: the Qumra platform user who installs and uses the Partner's products.
• The Qumra store: the official marketplace for listing and distributing apps and themes on the Qumra platform.
• Application programming interfaces (APIs): the programmatic interfaces Qumra provides to partners to integrate with the platform.

2. Joining requirements

2.1 Eligibility

• The Partner must be 18 years of age or older.
• Correct and accurate information must be provided on registration.
• Qumra may refuse any application to join without giving a reason.

2.2 The partner account

• The Partner is responsible for keeping their account and their sign-in credentials secure.
• Qumra must be notified immediately of any suspected unauthorised access to the account.
• The partner account may not be shared with any other party without Qumra's written consent.

3. Building and publishing products

3.1 Quality standards

The Partner undertakes to:

• Follow the development guidelines and technical documentation provided by Qumra.
• Ensure the products are free of serious software defects and security vulnerabilities.
• Provide an accurate, clear description of the product, in Arabic at a minimum.
• Provide usage documentation and appropriate technical support for merchants.
• Ensure the products meet the performance requirements set by Qumra.

3.2 Review and approval

• Every product goes through a review by the Qumra team before it is published.
• Qumra may reject or remove any product that does not meet the quality standards or that breaches this Agreement.
• The review can take up to 10 business days.
• Qumra may ask for changes to a product before approving it for publication.

3.3 Updates and maintenance

• The Partner undertakes to maintain and update their products on an ongoing basis.
• Reported defects and security vulnerabilities must be fixed within a reasonable time.
• Qumra may suspend or remove abandoned products that have not been updated for a long period.

4. Use of the application programming interfaces (APIs)

4.1 Access and use

• The Partner is granted limited, non-exclusive access to Qumra's application programming interfaces.
• The APIs may only be used for the authorised purposes and within the limits that are set.
• The Partner undertakes to observe the rate limits set by Qumra.

4.2 Restrictions

The Partner is prohibited from:

• Using the APIs for unauthorised purposes or in ways harmful to the platform.
• Attempting to access data they are not entitled to access.
• Reselling or sharing API keys with third parties.
• Reverse engineering any part of Qumra's programmatic interfaces.
• Circumventing any security or protection mechanism applied to the APIs.

4.3 Changes

• Qumra may modify or update the application programming interfaces at any time.
• Qumra will endeavour to notify partners of material changes in advance wherever possible.
• The Partner is responsible for updating their products to stay compatible with the changes.

5. Revenue and payouts

5.1 The revenue model

• Qumra takes a commission on sales of the products published on its store.
• The commission rate is set out in a separate annex and may change on at least 30 days' notice.
• The Partner bears all taxes and levies due on their earnings.

5.2 Payment terms

• Payouts are made monthly once the minimum withdrawal threshold is reached.
• Payment is made through the payment methods available and approved by Qumra.
• Qumra may withhold payouts where there are open disputes or breaches.
• The Partner undertakes to provide the financial and tax information required to complete the payouts.

5.3 Refunded amounts

• Where a merchant is refunded the price of a product, the corresponding amount is deducted from the Partner's balance.
• The Partner bears the processing costs associated with refunds.

6. Intellectual property

6.1 Ownership of the products

• The Partner retains ownership of the products they build.
• By publishing a product on the Qumra store, the Partner grants Qumra a non-exclusive, revocable licence to display, distribute and market the product on the platform.

6.2 Qumra's ownership

• Qumra retains all intellectual property rights relating to the platform, its programmatic interfaces and its trademark.
• No ownership right of Qumra's passes to the Partner under this Agreement.

6.3 Use of the trademark

• The Partner may use the Qumra name and logo only to promote their products on the platform, in line with the brand guidelines.
• The Qumra trademark may not be used in a way that implies endorsement or an official partnership without written consent.

6.4 Non-infringement warranty

• The Partner warrants that their products do not infringe the intellectual property rights of any third party.
• The Partner undertakes to indemnify Qumra against any claims or damages arising from an infringement of intellectual property rights.

7. Data protection and privacy

7.1 Merchant data

• The Partner undertakes not to collect merchant data beyond what is necessary to operate the product.
• Selling or sharing merchant data with third parties is prohibited.
• Explicit consent must be obtained from the merchant before any personal data is collected.

7.2 Security

• The Partner undertakes to apply appropriate security standards to protect the data.
• Qumra must be notified immediately of any security breach that is discovered.
• The Partner undertakes to comply with all applicable data protection laws.

7.3 Data retention

• Merchant data must be deleted when the product is uninstalled or the subscription ends.
• Qumra may review the Partner's data practices at any time.

8. Prohibited conduct

The Partner is prohibited from:

• Building or publishing products that contain malware or spyware.
• Collecting the data of merchants or their customers without authorisation.
• Creating products that compete directly with the core functionality of the Qumra platform.
• Using platform resources excessively in a way that harms its performance.
• Publishing content that breaches the law, public decency or the provisions of Islamic law.
• Manipulating ratings, reviews or download statistics.
• Impersonating Qumra or claiming to represent it without official authorisation.
• Copying or imitating the products of other partners on the platform.

9. Limitation of liability

9.1 Disclaimer

• The platform and its programmatic interfaces are provided "as is", without any express or implied warranty.
• Qumra does not guarantee any particular level of sales or revenue for the Partner.
• Qumra bears no liability for any damage arising from the use of products built by partners.

9.2 Indemnity

• The Partner agrees to indemnify and hold Qumra harmless against any claims, actions or damages arising from the Partner's products or from their breach of any provision of this Agreement.
• The indemnity covers reasonable legal fees and costs.

9.3 Liability cap

• In all cases, Qumra's liability towards the Partner does not exceed the commissions paid to the Partner over the 12 months preceding the claim.

10. Term and termination

10.1 Term

• This Agreement takes effect on the date the Partner accepts it and continues until it is terminated by either party.

10.2 Termination by the Partner

• The Partner may terminate this Agreement at any time on 30 days' written notice.
• The Partner undertakes to provide technical support to the affected merchants during the notice period.

10.3 Termination by Qumra

• Qumra may suspend or terminate the partner account immediately in the event of a breach of any provision of this Agreement.
• Qumra may terminate the Agreement without cause on 30 days' notice.

10.4 Effects of termination

• All of the Partner's products are removed from the Qumra store on termination.
• Any remaining amounts due to the Partner are paid out within 60 days of the termination date, less any amounts owed to Qumra.
• The provisions on intellectual property, data protection and indemnity survive termination.

11. Confidentiality

11.1 Confidential information

• Each party undertakes to keep the other party's confidential information confidential.
• Confidential information includes: technical data, financial information, business plans, and any information identified as confidential.

11.2 Exceptions

Information is not treated as confidential where it is:

• Publicly available through no fault of the receiving party.
• Known to the receiving party before it was disclosed.
• Developed independently without reference to the confidential information.

12. General provisions

12.1 Governing law

• This Agreement is governed by the laws and regulations of the Kingdom of Saudi Arabia.
• Any dispute arising out of this Agreement is resolved first through negotiation, and then before the competent courts.

12.2 Amendments

• Qumra may amend this Agreement at any time by notifying partners of the proposed amendments.
• The Partner's continued use of the Program after the notice is treated as acceptance of the amendments.
• In the case of material amendments, the Partner is given 30 days to object or to withdraw.

12.3 Severability

• If any provision of this Agreement is held invalid, the remaining provisions stay in force.

12.4 Assignment

• The Partner may not assign their rights or obligations under this Agreement to any third party without Qumra's prior written consent.

12.5 Entire agreement

• This Agreement represents the entire agreement between the parties on its subject matter, and supersedes any earlier agreements or understandings.

12.6 Language

• Arabic is the authoritative language of this Agreement. In the event of any conflict between the Arabic version and any translation, the Arabic version prevails.

Contact

For any question about this Agreement or about the Partner Program, please get in touch with us at:

• Email: partners@qumra.cloud

By registering in the Qumra Partner Program, you acknowledge that you have read this Agreement, understood its terms and agree to be bound by it.