White-Label & Reseller Addendum

1.Roles of the Parties

As between Partner and Mass, Partner is responsible for its End Customers and their use of the Services. For personal data of End Customers, Partner is the controller (or its customer’s processor) and Mass acts as Partner’s processor under our Data Processing Addendum.

2.End-Customer Responsibility

Partner is solely responsible for its relationship with End Customers, including:

• Providing first-line support, onboarding, and billing to End Customers;
• Presenting End Customers with its own compliant terms of service and privacy policy;
• Ensuring End Customers comply with our Acceptable Use Policy; Partner is responsible for sub-account activity as if it were its own;
• Obtaining any consents required to send messages or process data through the Services on End Customers’ behalf.

3.Branding and White-Label Use

Subject to your plan, Mass grants Partner a limited, non-exclusive, non-transferable license to present the Services under Partner’s brand using the white-label features we provide. Partner may not misrepresent the Services’ capabilities, claim to be the developer of the underlying platform, remove security or legal notices we require, or use Mass’s marks except as we permit.

4.Fees and Billing

Partner is responsible for all fees, credits, and usage incurred under its account and sub-accounts, regardless of whether Partner collects from End Customers. Partner sets its own prices to End Customers and is solely responsible for invoicing them and for collecting and remitting applicable taxes.

5.Compliance and Liability

Partner is responsible for ensuring that its use, its branding, and its End Customers’ use comply with applicable law and our policies. Partner remains liable to Mass for any breach of the Terms or this Addendum by Partner or its End Customers.

6.Data Protection

Our Data Processing Addendum applies to End-Customer personal data processed through the Services. Partner must flow down equivalent data-protection obligations to its End Customers and is responsible for the lawful basis of the processing it directs.

7.Term and Termination

If Partner’s account is suspended or terminated, access for its sub-accounts and End Customers may also be suspended or terminated. Partner is responsible for notifying its End Customers and for exporting any data it needs within the period we make available.

8.Indemnification

In addition to the indemnities in the Terms, Partner will defend and indemnify Mass against claims arising from Partner’s branding, Partner’s agreements with End Customers, and the acts or omissions of Partner’s End Customers.

9.Contact Us

Questions about the partner program? Contact us at support@mass.new.