Momentum Partner Program Terms & Conditions
Last updated: [October, 2025]
1. Introduction
These Terms and Conditions (“Terms”) govern participation in the Momentum Partner Program (the “Program”) offered by TestGorilla B.V., a company incorporated under the laws of the Netherlands, registered with the Dutch Chamber of Commerce (CCI number 77597249) (“TestGorilla,” “we,” “us,” or “our”).
By applying to and/or participating in the Program, the partner organization or individual (“Partner,” “you,” or “your”) agrees to be bound by these Terms. If you represent a legal entity, you warrant that you have the authority to bind such entity.
2. Eligibility & Enrollment
2.1. Eligible Participants. The Program is open to affiliates, referral partners, agencies, and other partnership types as defined by TestGorilla in the Program documentation.
2.2. No Minimum Requirements. There are no minimum revenue or company size requirements for participation.
2.3. Application Process. Partners must submit an online application form. Acceptance into the Program is subject to manual review and approval by TestGorilla’s partner team.
3. Program Benefits
3.1. Benefits. Approved Partners receive the following benefits under the Program: (a) Commissions on referred sales of net new customers, calculated based on the initial Annual Contract Value (ACV) of the customer’s first subscription agreement executed as a result of the referral. For clarity, subsequent upgrades, expansions, seat additions, renewals, or upsells occurring after the initial contract execution are excluded from commission calculations, unless explicitly agreed otherwise in writing by TestGorilla. (b) Access to sales and learning materials; (c) Access to TestGorilla’s partner team for guidance and support; (d) Additional benefits as determined by the Partner’s assigned tier.
3.2. Tiered Structure. The Program operates on a tiered structure. Partners achieving higher levels of referred sales may qualify for increased commission rates and additional perks, as defined by TestGorilla.
3.3. Changes. TestGorilla reserves the right to modify benefits or tier criteria at any time with a 30 days notice.
4. Compensation & Payment
4.1. Commission Basis. Partner commissions are calculated based on the Partner’s tier level and apply solely to eligible net new customer referrals.
4.2. Payment Frequency. Commissions are paid monthly.
4.3. Payment Method. Payments will be made via the payment methods supported through PartnerStack.
4.4. Exclusions. No commissions will be paid in cases of customer refunds, chargebacks, or where a customer does not remain in good standing during the first year of their contract.
5. Duration & Review
5.1. Term. Participation is valid until terminated in accordance with Section 8.
5.2. Annual Review. Partner status, including tier level, is reviewed annually, with adjustments made based on the Partner’s performance during the prior review period.
6. Intellectual Property
All intellectual property rights in TestGorilla’s products, services, and materials remain the exclusive property of TestGorilla. Partners are granted a limited, non-exclusive, revocable license to use approved marketing materials solely for Program purposes.
7. Confidentiality & Data Protection
7.1. Confidentiality. Any non-public information shared with Partner is confidential and may not be disclosed to third parties without written consent.
7.2. Data Protection. Partners must comply with all applicable data protection laws, including GDPR. TestGorilla’s [Privacy Policy] and [Data Processing Agreement] apply.
8. Termination
8.1. Termination by Partner. Partner may terminate participation at any time with 30 days’ written notice.
8.2. Termination by TestGorilla. TestGorilla may terminate immediately if Partner: (a) breaches these Terms; (b) engages in fraud, misconduct, or reputational harm; or (c) otherwise violates Program rules.
8.3. Consequences. Upon termination, Partner must cease using TestGorilla branding and forfeits any unearned benefits.
9. Representations & Warranties
Each Party represents and warrants that it has the authority to enter into this Agreement and will comply with all applicable laws. Partner further warrants that all information provided during application and participation is true and accurate.
10. Indemnification
Partner shall indemnify and hold harmless TestGorilla and its affiliates against any claims, damages, or liabilities arising from Partner’s (a) breach of these Terms, (b) violation of law, or (c) misuse of Program benefits.
11. Limitation of Liability
To the maximum extent permitted by law, TestGorilla’s liability under these Terms is limited to the total benefits received by the Partner during the preceding twelve (12) months. In no event shall TestGorilla be liable for indirect, incidental, or consequential damages.
12. Governing Law & Dispute Resolution
12.1. These Terms shall be governed by the laws of the Netherlands. 12.2. Any disputes shall be brought exclusively in the courts of Amsterdam, the Netherlands.
13. Amendments
TestGorilla may amend these Terms from time to time. Updates will be posted on the TestGorilla website or communicated via email. Continued participation constitutes acceptance of updated Terms.
14. Miscellaneous
Force Majeure: Neither party shall be liable for delays caused by events beyond reasonable control.
Assignment: Partner may not assign rights under this Agreement without TestGorilla’s prior consent.
Entire Agreement: These Terms constitute the entire agreement regarding the Program.
Notices: All notices shall be sent via email to the addresses provided by the parties.