Starting at $59 USD per user per month Low Monthly Subscription No Setup Fees Broker Version | $59 user/month Power Broker Version | $99 user/month Discounting for multiple users No additional Salesforce licenses required - One all-inclusive software license fee
Power Broker CRM for commercial real estate brokers. Manage client relationships & maximize results. Built specifically for Commercial Real Estate Brokers on the Force.com platform. ####Salesforce ISV Partner for Commercial Real Estate since 2009
ProfitPoint Systems LLC & Power Broker Software##Master Subscription Agreement (Click-Through) ####BY CLICKING THE "I ACCEPT" BUTTON DISPLAYED AS PART OF THE GET IT NOW - ORDERING PROCESS, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS (THE "AGREEMENT") GOVERNING YOUR USE OF PROFITPOINT’S ONLINE SERVICE ("SERVICE"). IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST SELECT THE "I DECLINE" BUTTON AND MAY NOT USE THE SERVICE. THIS AGREEMENT IS EFFECTIVE WHEN YOU CLICK “I ACCEPT” BELOW (“EFFECTIVE DATE”). ##For reference, a Definitions section is included at the end of this Agreement. ##ProfitPoint offers a 30-day no-cost trial of its Service with no further obligation. At the end of your 30-day free trial, you must pay ProfitPoint the applicable subscription fees to continue use of the Service. ####1 The Service ##This Agreement governs your use of the ProfitPoint online software solutions and other corporate services identified during the ordering process, collectively the "Service." ProfitPoint operates and maintains the Service, which is accessible via http://www.profitpointsystems.com, http://www.powerbrokersoftware.com or another designated web site or IP address. ####2 License Grant & Restrictions ####2.1 Subscription to the Service. Subject to the terms of this Agreement, ProfitPoint hereby grants to you a non-sublicensable, non-transferable, non-exclusive subscription to access and use the Service by the number of Users for which you have paid the applicable subscription fee, in accordance with the Documentation and solely for your internal business purposes of creating reports or other output allowed by the Service. ProfitPoint and its licensors reserve all rights not expressly granted to you in this Agreement. ####2.2 Additional Users. If you wish to add additional Users (“Additional Users”), you must submit a new executed order form in a form reasonably acceptable to ProfitPoint (“New Order Form”). Upon ProfitPoint’s acceptance of the New Order Form, ProfitPoint shall make the Service available to the Additional Users on the terms and conditions set forth in this Agreement and the accepted New Order Form. With respect to Additional Users: (i) the term of the Additional Users’ access to the Service will be coterminous with the preexisting subscription term (either initial term or renewal term), and (ii) you will be responsible for any additional fees for the Additional Users in full for the month in which the New Order Form is accepted by ProfitPoint. ####2.3 Restrictions. You shall not (i) license, sublicense, sell, resell, use as a service bureau, or otherwise use the Service for a third party’s benefit unless such use has been authorized by ProfitPoint; (ii) transfer, assign, distribute or otherwise commercially exploit or make the Service, ProfitPoint System or Content available to any third party not authorized by ProfitPoint; (iii) modify or make derivative works based upon the Service or the Content; (iv) create Internet “links” to the Service or “frame” or “mirror” any Content on any other server or wireless or Internet-based device; (v) reverse engineer or decompile the Service or ProfitPoint System; (vi) interfere with in any manner the Service or ProfitPoint System, or (vii) access the Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes. ####3 Your Responsibilities ####You are responsible for all activity occurring under your User accounts and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Service, including those related to data privacy, international communications and the transmission of technical or personal data. You shall: (i) use commercially reasonable efforts to prevent unauthorized access to, or use of, the Service, and will notify ProfitPoint promptly of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) report to ProfitPoint immediately and use reasonable efforts to stop immediately any unauthorized copying or distribution of Content that is known or suspected by you or your Users; and (iii) not impersonate another ProfitPoint user or provide false identity information to gain access to or use the Service. You will not attempt to use your access to the Service to knowingly interfere with or disrupt the integrity or performance of the Service or the data contained therein. ####4 Security; Customer Data ####4.1 Processing of Data. You acknowledge and agree that in order to provide the Service to you, you must allow the Service brief but periodic access to your Salesforce.com account to retrieve, manipulate, process, and modify Customer Data (“Process”), and you expressly consent to the Service’s accessing your Salesforce.com account to Process Customer Data solely as is necessary to provide Service. If the Service cannot for any reason access your Salesforce.com account or Process Customer Data, ProfitPoint may not be able to provide you the Service, and ProfitPoint will be excused from any nonperformance of Service arising from your failure to allow ProfitPoint access to your salesforce.com account or Process Customer Data. You acknowledge that to provide the Service, Customer Data leaves the Salesforce.com system. Salesforce.com is not responsible for Customer Data when it is outside of the Salesforce.com system. ####4.2 Security. ProfitPoint has implemented Appropriate Security Measures and maintains the Service at reputable third party Internet service providers and hosting facilities. ProfitPoint does not control, and has no responsibility or liability for, security issues caused by the Salesforce.com Service. You acknowledge and agree that, notwithstanding such Appropriate Security Measures, use of or connection to the Internet provides the potential opportunity for unauthorized third parties to circumvent such precautions and illegally gain access to the Service and Customer Data. ####4.3 Customer Data. ProfitPoint does not own Customer Data. You are solely responsible for Customer Data, including without limitation the accuracy, quality, integrity, legality, reliability, appropriateness of Customer Data, and any intellectual property ownership or right to use Customer Data. You will not provide, post or transmit any Customer Data that: (a) infringes or violates any intellectual property rights, publicity/privacy rights, law or regulation; or (b) contains any viruses or programming routines intended to damage, surreptitiously intercept or expropriate any system, data or personal information. ProfitPoint may take remedial action if Customer Data violates Section 4.3. ProfitPoint is under no obligation to review Customer Data for accuracy or potential liability. ####5 Support and Service Levels ####5.1 Support. If you have paid ProfitPoint all applicable fees due, ProfitPoint will provide Support Services to you during Business Hours. To receive Support Services, you must email support@ProfitPoint.com or telephone +1 (303) 465 1616. Support Services will be provided for a commercially reasonable number of Support Incidents. ####5.2 Service Levels. Subject to the terms of this Agreement, the Service “Uptime” will generally be equal to or greater than 99% in each calendar quarter and the Service will perform in substantial conformance with ProfitPoint’s published documentation (“Service Level”), except for Excluded Downtime, where “Uptime” = (Total Minutes – Unplanned Downtime – Excluded Downtime) / (Total Minutes – Excluded Downtime) x 100. You are solely responsible for providing, at your own expense, all network access to the Service, including, without limitation, acquiring, installing and maintaining all telecommunications equipment, hardware, software and other equipment as may be necessary to connect to, access and use the Service. As your sole and exclusive remedy and ProfitPoint’s sole liability for ProfitPoint’s non-conformance with the Service Level, if the Service Level is not met, you may terminate this Agreement pursuant to Section 9. ####6 Intellectual Property Ownership ####6.1 Ownership. ProfitPoint and its licensors own all right, ##title and interest, including all related Intellectual Property Rights, in and to the ProfitPoint Technology, the Content and the Service, and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. The ProfitPoint name, the ProfitPoint logo, and the product names associated with the Service are trademarks of ProfitPoint or third parties. ##6.2 Customer Duties. You retain all right, title and interest in and to the Customer Data. You grant to ProfitPoint all necessary licenses and rights in and to Customer Data solely as necessary for ProfitPoint to provide the Service to you or as required by law. You will be solely responsible for providing all Customer Data required for the proper operation of the Service. ProfitPoint will not knowingly use or access any Customer Data except as necessary to provide the Service or as otherwise authorized by you. ####7 Fees, Billing, Renewal ####7.1 Fees. Fees for the Service are described in the associated ProfitPoint’s Quote or Invoice. Any renewal charge for the Service will be equal to the then-current number of total User licenses times the then-current fees. Other services will be charged on an as-quoted basis. ProfitPoint can modify the prices by providing you at least 30 days prior notice before the next renewal term of the Agreement. ProfitPoint’s fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes based solely on ProfitPoint’s income. All amounts are quoted in and you must pay all amounts owed in U.S. Dollars. ####7.2 Billing; Payment. ProfitPoint will issue an invoice to you on or shortly after the Effective Date and on or before the expiration date for renewal periods. All amounts described in the invoice are due within 30 days of your receipt of the invoice. All payment obligations are non-cancelable and all amounts paid are nonrefundable. If you add Additional Users to the Service (or allow use of the Service by more than the paid-for number of Users), ProfitPoint may invoice you for the additional applicable fees. If you believe your bill is incorrect, you must contact us in writing within 60 days of the invoice date of the invoice containing the amount in question to be eligible to receive an adjustment or credit. You must provide ProfitPoint with complete and accurate billing and contact information. ####7.3 Non-Payment and Suspension. In addition to any other rights granted to ProfitPoint herein, ProfitPoint reserves the right to suspend or terminate this Agreement and your access to the Service if you fail to pay any undisputed amount owed within 30 days of its due date. Overdue amounts are subject to a late charge of 1.0% per month, or the maximum permitted by law, whichever is less, plus all expenses of collection. If you or ProfitPoint initiates termination of this Agreement, you will be obligated to pay the balance due on your account. ProfitPoint reserves the right to impose a reconnection fee in the event the Service is suspended. ####8 Term ####This Agreement commences on the Effective Date and will continue for an initial term of 1 year (“Initial Term”) from the Subscription Start Date specified in the associated ProfitPoint’s Quote or Invoice unless terminated earlier as allowed in this Agreement. Upon the expiration of the Initial Term, the term of this Agreement will automatically extend for successive renewal terms of 1 year at ProfitPoint’s then-current fees, provided that either party may terminate this Agreement or reduce the number of seats, effective upon the expiration of the Initial Term or the then-current extension period, by notifying the other party in writing at least 30 business days prior to the expiration of the Initial Term or then-current extension term, as applicable term. In the case of free trials, notifications provided through the Service indicating the remaining number of days in the free trial shall constitute notice of termination. ProfitPoint reserves the right to terminate any trial period, at any time without notice. ####9 Suspension; Termination for Cause ####If you are in breach of this Agreement, ProfitPoint may suspend your access to and use of the Service until you have cured the breach. Additionally, either party may terminate this Agreement upon written notice if the other party materially breaches the Agreement and does not cure such breach (if curable) within 30 days after written notice of such breach. Upon the termination of this Agreement for any reason: (a) any amounts owed to ProfitPoint by you under this Agreement before such termination will become immediately due and payable; (b) each party will return to the other all property of the other party in its possession or control, and (c) ProfitPoint will remove all Customer Data from the ProfitPoint System and all your access to or use of the Service will be immediately suspended. The rights and duties of the parties under Sections 2.3, 3, 4.3, 6-15, 17, and 18 will survive the termination or expiration of this Agreement. ####10 Representations & Warranties ####10.1 Mutual Warranty. Each party represents and warrants that it has the legal power and authority to enter into this Agreement. ####10.2 Customer Data Warranty. You represent and warrant that you own or have obtained all rights, consents, permissions, or licenses necessary to allow ProfitPoint access to, possession of, manipulation of, and use of the Customer Data. ####11 Disclaimer of Warranties ####EXCEPT AS EXPRESSLY SET FORTH IN SECTION 5, PROFITPOINT AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY CONTENT, AND THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN “AS IS, AS-AVAILABLE” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY PROFITPOINT AND ITS LICENSORS. ####12 Mutual Indemnification ####12.1 Your Indemnity. You shall indemnify and hold ProfitPoint, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (i) a claim arising from or related to ProfitPoint’s access to, possession of, manipulation of, and use of the Customer Data as is necessary to provide the Service; (ii) a claim, which if true, would constitute a violation by you of your representations and warranties, (iii) a claim arising from ProfitPoint’s access to your salesforce.com account. ####12.2 ProfitPoint’s Indemnity. If any action is instituted by a third party against you based upon a claim that the Service, as provided, infringes a United States patent, copyright or trademark, then ProfitPoint will defend such action at its own expense on behalf of you and will pay all damages attributable to such claim which are finally awarded against you or paid in settlement of such claim. ProfitPoint may, at its option and expense, and as your exclusive remedy hereunder: (a) procure for you the right to continue using the Service; (b) replace or modify the Service so that it is no longer infringing but continues to provide comparable functionality; or (c) terminate this Agreement and your access to the Service and refund any amounts previously paid for the Service attributable to the remainder of the then-current term of this Agreement. ProfitPoint will have no liability to you for any infringement action that arises out of a breach of the terms and conditions of this Agreement by you or of the use of the Service (i) after it has been modified by you or a third party without ProfitPoint’s prior written consent, or (ii) in combination with any other service, equipment, software or process not provided by ProfitPoint where the combination is the basis for the infringing activity. THIS SECTION SETS FORTH THE ENTIRE OBLIGATION OF PROFITPOINT AND YOUR EXCLUSIVE REMEDY AGAINST PROFITPOINT OR ANY OF ITS SUPPLIERS FOR ANY INFRINGEMENT CLAIM. ####12.3 Procedure. A party seeking indemnification under this Section 12 will (a) give written notice of the claim promptly to the other party; (b) give the other party sole control of the defense and settlement of the claim; and (c) provide to the other party all available information and assistance. ####13 Internet; Delays ####YOU ARE SOLELY RESPONSIBLE FOR PROVIDING INTERNET ACCESS IN ORDER TO ACCESS AND USE THE SERVICE. THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. PROFITPOINT IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. ####14 Limitation of Liability ####EXCEPT FOR A PARTY’S INDEMNIFICATION OBLIGATIONS, OR BREACH OF ITS CONFIDENTIALITY OBLIGATIONS, IN NO EVENT SHALL EITHER PARTY’S AGGREGATE LIABILITY EXCEED THE AMOUNTS PAID OR PAYABLE FROM YOU IN THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. EXCEPT FOR A PARTY’S INDEMNIFICATION OBLIGATIONS, IN NO EVENT SHALL EITHER PARTY AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICE, OR THIS AGREEMENT,EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH PARTY'S LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ####15 Confidentiality. ####15.1 Confidential Information. Each party (the “Disclosing Party”) may from time to time disclose to the other party (the “Receiving Party”) certain information regarding the business, products, or services of the Disclosing Party and its suppliers, including technical, marketing, financial, employee, planning, and other confidential or proprietary information, including information that the Receiving Party knew or should have known, under the circumstances, was considered confidential or proprietary by the Disclosing Party (“Confidential Information”). ####15.2 Protection of Confidential Information. The Receiving Party will not use any Confidential Information of the Disclosing Party for any purpose other than exercising its rights or exercising its obligations under this Agreement, and will disclose the Confidential Information of the Disclosing Party only to the employees or contractors of the Receiving Party who have a need to know such Confidential Information for purposes of the Agreement and who are under a duty of confidentiality no less restrictive than the Receiving Party’s duty under this Section ####15.1. The Receiving Party will protect the Disclosing Party’s Confidential Information from unauthorized use, access, or disclosure in the same manner as the Receiving Party protects its own confidential or proprietary information of a similar nature and with no less than reasonable care. ####15.3 Exceptions. The Receiving Party’s obligations under Section ####15.2 with respect to any Confidential Information of the Disclosing Party will terminate if such information: (a) was already known to the Receiving Party without restriction at the time of disclosure by the Disclosing Party; (b) was disclosed to the Receiving Party by a third party who had the right to make such disclosure without any confidentiality restrictions; (c) is, or through no fault of the Receiving Party has become, generally available to the public; or (d) was independently developed by the Receiving Party without access to, or use of, the Disclosing Party’s Confidential Information. In addition, the Receiving Party will be allowed to disclose Confidential Information of the Disclosing Party to the extent that such disclosure is (i) approved in writing by the Disclosing Party, (ii) necessary for the Receiving Party to enforce its rights under the Agreement in connection with a legal proceeding; or (iii) required by law or by the order of a court of similar judicial or administrative body, provided that the Receiving Party notifies the Disclosing Party of such required disclosure promptly and in writing and cooperates with the Disclosing Party, at the Disclosing Party’s request and expense, in any lawful action to contest or limit the scope of such required disclosure. ####15.4 Return of Confidential Information. The Receiving Party will return to the Disclosing Party or destroy all Confidential Information of the Disclosing Party in the Receiving Party’s possession or control and permanently erase all electronic copies of such Confidential Information promptly upon the written request of the Disclosing Party upon the expiration or termination of the Agreement. The Receiving Party will certify in writing signed by an officer of the Receiving Party that it has fully complied with its obligations under this Section 15.4. ####16 Assignment; Change in Control ##This Agreement may not be assigned by you without the prior written approval of ProfitPoint, (such approval not to be unreasonably withheld) but may be assigned without your consent by ProfitPoint in connection with (i) a merger, consolidation, or similar transaction involving (directly or indirectly) ProfitPoint, (ii) a sale, lease, license, or other disposition of all substantially all of the assets of ProfitPoint, or (iii) any other form of combination or reorganization involving (directly or indirectly) such party. Any purported assignment in violation of this section shall be void. ####17 General ##This Agreement shall be governed by Colorado law without giving effect to any conflicts of laws principles that require the application of the law of a different jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located in Denver, Colorado USA. No text or information set forth on any other purchase order, preprinted form or document (other than an associated ProfitPoint’s quote or invoice, if applicable) shall modify the terms and conditions of this Agreement. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. The parties are independent contractors and this Agreement does not create any joint venture, partnership, employment, or agency relationship between you and ProfitPoint. The failure of ProfitPoint to enforce any right or provision in this Agreement shall not constitute a waiver of that or any future right or provision unless acknowledged and agreed to by ProfitPoint in writing. This Agreement, together with any associated ProfitPoint’s quote or invoice, comprises the entire agreement between you and ProfitPoint and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein, including any previously executed electronic version of an ProfitPoint subscription agreement, commonly known as a clickthrough or EULA (“Clickthrough”). After the Effective Date, if you execute a Clickthrough, such execution as well as the electronic version will be void and of no force or effect. All notices, required or permitted under this Agreement must be delivered in writing by courier, facsimile, or by certified or registered mail (postage prepaid and return receipt requested) to the other party at its address set forth in this Agreement. Notice hereunder will be effective upon receipt or 3 days after being deposited in the mail as required above with the postal authority of the receiving party’s county, whichever occurs sooner. Any notice to ProfitPoint will be delivered to ProfitPoint, Inc., 2655 West Midway Blvd., Suite 350, Broomfield, Colorado 80020. Any delay in or failure of performance by either party under this Agreement will not be considered a breach of this Agreement and will be excused to the extent caused by any Force Majeure. This Agreement may be signed by facsimile or electronic signature, and/or in counterparts, each of which will constitute an original, but all of which together will constitute the same instrument. ####18 Definitions ####As used in this Agreement the following terms have these meanings: ##“ProfitPoint System” means the hardware, software, network equipment, and other technology used by ProfitPoint to deliver the Service. ##“ProfitPoint Technology” means the ProfitPoint System, and any other of ProfitPoint’s proprietary technology (including software, hardware, products, processes, algorithms, user interfaces, know-how, techniques, designs and other tangible or intangible technical material or information) made available to you by ProfitPoint in providing the Service. ##“Appropriate Security Measures” means commercially reasonable technical, physical and procedural controls to (i) protect Customer Data against destruction, loss, alteration, unauthorized disclosure to third parties, and unauthorized access by employees or contractors employed by ProfitPoint, and (ii) prevent the introduction of viruses, worms, Trojan horses or other unintended malicious or destructive code and other harmful components into the Service and Content,. ##“Business Hours” shall mean the hours between 9 am and 5 pm, Mountain Time, Monday through Friday, excepting recognized United States national holidays. ##“Content” means the visual information, documents, software, products and services contained or made available to you in the course of using the Service, other than Customer Data. ##“Customer Data” means any data, information (including without limitation personally identifiable information), content, templates, forms, or material provided, made available, or submitted by you to the Service or retrieved by the Service from your Salesforce.com account,. ##“Documentation” means ProfitPoint’s Customization Guide and Technotes that are generally made available by ProfitPoint to all customers. ##“Excluded Downtime” means any time the Service is not available because of a Force Majeure or Planned Downtime. ##“Force Majeure” means events or circumstances beyond a party’s reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems (other than those involving ProfitPoint’s employees), telecommunications or network failures or delays, computer failures involving hardware or software not within ProfitPoint’s possession or reasonable control, and acts of vandalism (including network intrusions and denial of service attacks). ##“Intellectual Property Rights” means unpatented inventions, patent applications, patents, design rights, copyrights, trademarks, service marks, trade names, domain name rights, mask work rights, know-how and other trade secret rights, and all other intellectual property rights, derivatives thereof, and forms of protection of a similar nature anywhere in the world. ##“License Administrator(s)” mean those Users designated by you who are authorized to purchase licenses and otherwise administer your use of the Service. ##“License Term(s)” means the period(s) during which a specified number of Users are licensed to use the Service pursuant to the Quote/Invoice(s). ##“Planned Downtime” means any period of time during which the Service is unavailable due to ProfitPoint’s planned maintenance and support of the Service or ProfitPoint System for which ProfitPoint gives you at least 24 hours prior notice. Except for urgent circumstances (e.g., a system failure or security threat), Planned Downtime will occur from 10:00PM Friday through 4:00 AM Monday, Mountain Time. ##“Salesforce.com Service” means the service provided by Salesforce.com to which you must be a subscriber in order to obtain the Service. ##“Support Incident” means (i) a basic question related to the use or configuration of the Service, or (ii) a reproducible non-conformity in the Service causing the Service not to operate in substantial conformance with the applicable Documentation. ##“Support Services” means technical assistance provided by ProfitPoint personnel to your Salesforce Administrator(s) relating to Support Incidents. ##“Total Minutes” means the total number of minutes in the calendar quarter at issue. ##“Unplanned Downtime” means any time the Service is not available because of an event or circumstance other than Planned Downtime. ##“User(s)” mean your employees, representatives, consultants, contractors or agents who are authorized to use the Service and have been supplied user identifications and passwords by you (or by Salesforce.com at your request). ####### ####Copyright 2009-2010 ProfitPoint Systems, LLC.
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