FlexNet Partner program — terms of participation

§1Definitions

In these terms, the following terms have the following meanings:

• FlexNet — FlexNet Sp. z o.o., seated in Warsaw, ul. Grzybowska 87, 00-844 Warsaw, NIP 5272769941, KRS 0000618401.
• Program — FlexNet referral program as described in these terms.
• Partner — natural person conducting business activity or legal entity that has registered in the Program and accepted these terms.
• Lead — potential FlexNet client submitted by the Partner via the "Submit a lead" form.
• Qualified Lead — Lead meeting the criteria set out in §3.
• Client — Qualified Lead who has concluded a contract with FlexNet.
• FYCV (First Year Contract Value) — total net value of the first annual period of the Client's contract with FlexNet.
• MRR (Monthly Recurring Revenue) — monthly recurring net revenue from the Client's contract after the first year.
• Registration Period — 90 days from the date of confirmation of Lead qualification by FlexNet.
• Closing Window — 12 months from the date of confirmation of Lead qualification, during which the contract with the Client must be concluded.

§2Program registration

To become a Partner you must:

1. Fill in and submit the "Become a partner" form on /en/partner/.
2. Receive confirmation of acceptance from FlexNet (within 1–2 business days).
3. Accept these terms — acceptance occurs upon submission of the form.

FlexNet reserves the right to refuse registration without giving a reason, in particular in the case of Partners conducting activity directly competitive with FlexNet within an identical scope of services.

Participation in the Program is free and non-exclusive — the Partner may participate in analogous programs of other entities, provided this does not violate the obligations set out in §8.

§3Lead registration — qualification criteria

A Lead is a Qualified Lead when it jointly meets the following conditions:

• Net-new — the Client was not previously in FlexNet's sales pipeline (FlexNet had no prior sales contact with them in the 12 months preceding submission).
• Fitting profile — the Client fits FlexNet's target group (enterprise IT, primarily Polish market, sectors: banking, telecommunications, energy, insurance, manufacturing, public sector, enterprise-scale e-commerce).
• Pain point — the Client has a concrete need fitting within FlexNet's services scope (Oracle WebLogic, IBM WebSphere, enterprise hosting, cloud migration, backup/DR, integrations, training).
• Submission completeness — "Submit a lead" form completed with all required fields.

FlexNet verifies the submission within 1–2 business days and confirms to the Partner whether the Lead is Qualified. Positive verification opens the Registration Period (90 days), during which the Partner has exclusive right to commission from any contract.

§4Registration conflicts

Conflicts are resolved on a first-come-first-served basis:

• If two Partners submit the same Lead, the right to commission goes to the Partner who submitted first (time of form arrival decides).
• If the Lead is already in FlexNet's pipeline at the moment of submission — the submission will not be qualified (the Partner receives information with justification).
• If the Client independently approaches FlexNet after positive Lead registration by a Partner (during the Registration Period) — commission belongs to the Partner.

§5Tiers and commissions

Advancement rules

• Advancement from Referrer to Certified occurs automatically after closing the 2nd deal (status in the first monthly report after advancement).
• Advancement to Strategic requires a separate conversation and agreement (potentially individual terms).
• Commission is calculated according to the tier applicable at the moment of Lead qualification, not deal closing.
• Strategic Partner — the MRR component (5%) is paid quarterly for 24 months from the end of the first contract year, provided the Client contract remains active.

§6Commission payout

• Payout trigger: Client's payment of the first contract invoice to FlexNet.
• Payment term: net-30 from the date of crediting the payment from the Client.
• Mechanism: The Partner issues a B2B invoice to FlexNet for the commission amount. FlexNet pays by bank transfer to the account indicated on the invoice.
• Currency: PLN (settlement in EUR possible for Partners outside Poland — individual quote).
• Taxes: The Partner is responsible for tax settlement of remuneration (VAT, PIT/CIT) according to the law applicable to the Partner's seat.

Payout exclusions

Commission is not due in the following cases:

• Client did not pay FlexNet (regardless of reason).
• Contract was terminated before commission payout (Partner has right to commission proportionally only from amounts paid).
• Lead was not previously qualified under §3.
• Lead was registered earlier by another Partner.
• Contract was not concluded in the Closing Window (12 months from Lead qualification).

§7Closing Window and registration expiry

• Registration Period (90 days) — period of Partner's exclusivity on a given Lead.
• Closing Window (12 months from Lead qualification) — period in which the contract must be concluded for the Partner to retain right to commission.
• After Closing Window expiry — Lead returns to "open" status and may be re-registered by the same or another Partner (FlexNet notifies the Partner of approaching expiry).

§8Partner obligations

• Professional representation of FlexNet — the Partner does not make sales, technical, or pricing commitments on behalf of FlexNet without prior FlexNet consent.
• No false promises — the Partner conveys to the Client information consistent with materials provided by FlexNet.
• NDA — technical and commercial information obtained during cooperation is confidential (both information about FlexNet and the Client).
• Non-circumvent — the Partner may not bypass FlexNet and independently sell FlexNet services or competing services to the Client during active Lead registration.
• Legal compliance — the Partner acts in accordance with applicable law, in particular GDPR, public procurement law (if applicable), unfair competition law.

§9FlexNet obligations

• Verification of Lead submission within 1–2 business days.
• Transparent dashboard / monthly report on Lead status and commissions.
• Professional conduct of sales and implementation (the Client will not suffer harm due to quality of FlexNet's work).
• Timely commission payout in accordance with §6.
• Provision of sales materials (deck, case studies, one-pager) within 5 business days of registration.
• Notification of Partner about changes to Program terms with 30-day notice.

§10Term and termination

• Participation in the Program is concluded for an indefinite period.
• Each party may terminate participation at any time, without giving a reason, with 30-day notice period (email suffices).
• After termination: commissions due for already qualified Leads whose contracts will be concluded in the remaining Closing Window are paid in accordance with §6.
• After termination, the Partner may not register new Leads or use FlexNet materials.

§11Changes to terms

FlexNet reserves the right to change Program terms. Changes take effect 30 days after Partner notification (email). Current terms are always available at https://flexnet.pl/en/partner-terms/. In case of non-acceptance of changes, the Partner has the right to terminate participation in accordance with §10.

Changes do not have retroactive effect — Leads registered before the new terms come into effect are settled under the terms applicable at the time of their qualification.

§12Final provisions

• Governing law: Polish law.
• Jurisdiction: court of competent jurisdiction for FlexNet's seat.
• Communication: email ([email protected]) has binding force for all declarations arising from the Program, subject to declarations requiring written form by law.
• Severability clause: if any provision proves invalid, the others remain in force.
• Full FlexNet data: FlexNet Sp. z o.o., ul. Grzybowska 87, 00-844 Warsaw, Poland. NIP: 5272769941, REGON: 364460337, KRS: 0000618401.