“Affiliate” means an entity that, directly or indirectly, through one or more entities, controls; is controlled by; or is under common control with, the specified entity. For purposes of the preceding sentence, “control”, when used with respect to an entity, means the power to direct management and policies of the entity, directly or indirectly, whether through ownership of voting securities, by contract, or otherwise.
“Channel Partner Registration Form” means the channel partner registration form, which Reseller is required to complete prior to reselling KnowBe4’s Subscription Services.
“Confidential Information” means all information or material disclosed by a party (the “Disclosing Party”) to the other party (the “Receiving Party”), whether orally or in writing, which: (a) gives either party some competitive business advantage or opportunity of obtaining some competitive business advantage, or the disclosure of which could be detrimental to the interests of the Disclosing Party; and (b) is either (i) marked “Confidential,” “Restricted,” or “Proprietary” or includes other similar markings; (ii) known by the parties to be considered confidential and proprietary; or (iii) from all the relevant circumstances should reasonably be assumed to be confidential and proprietary. The Subscription Services are deemed Confidential Information of KnowBe4.
“Customer" means an entity to whom Reseller resells Subscription Services for that entity’s own use (and that of its Users) solely in connection with that entity’s internal business operations and not for transfer or resale of any kind.
“Documentation” means KnowBe4’s then-current generally available specifications, guides, user manuals, etc., for the Subscription Services and Professional Services, located at knowbe4.zendesk.com/hc/en-us or such other URL locations on KnowBe4’s website as KnowBe4 may provide from time to time.
“End User(s)" or “User(s)” means a Customer’s authorized employees or independent contractors with an assigned unique business email address (i.e., an email address using domain names that Customer owns or is authorized by the domain name owner to use for the purposes contemplated herein), who may access the applicable Subscription Services.
"Intellectual Property Rights" means any and all registered and unregistered rights granted, applied for, or otherwise now or hereafter in existence under or related to any patent, copyright, trademark, trade secret, database protection, or other intellectual property rights laws, and all similar or equivalent rights or forms of protection, in any part of the world.
“Maintenance and Support” means the support obligations of KnowBe4 and Reseller as detailed more specifically in the Section on “Maintenance, Support, and Training” and in the Partner Portal.
"Mark(s)" means any trademark, service mark, trade name, logo, domain name, or other indicator of source, affiliation, or sponsorship, whether registered or unregistered.
“Marketing Materials" means any advertising, promotional, or marketing materials for or relating to the Subscription Services that KnowBe4 may make available to Reseller from time to time during the Term.
“Partner Code of Conduct” means the then-current KnowBe4 ethical and behavioral requirements for channel partners, located at knowbe4.com/partner-code-of-conduct, or such other URL locations on KnowBe4’s website as KnowBe4 may provide from time to time.
“Partner Portal” means the KnowBe4 website for channel partners to access their account details, policies, and additional information relating to the KnowBe4 Partner Program, currently accessible by logging in at knowbe4.com/partners or such other URL locations KnowBe4 may provide from time to time.
“Partner Program” means, collectively, KnowBe4’s channel partner program, including without limitation, any benefits, rights, obligations, and restrictions of KnowBe4’s channel partners as described in this Agreement, the Partner Portal documentation (including without limitation the Partner Program Guide), as well as any associated documentation, terms, guidelines and agreements as may be provided to KnowBe4’s channel partners from time to time.
“Professional Services” means any professional services, including implementation and installation services, managed services, consultancy services, or services for the customization or branding of Training Content as would be detailed in a separately executed statement of work (“SOW”).
“Quote” means a purchasing document or other similar document, such as a purchase order or SOW, in connection with a purchase by Reseller under this Agreement.
"Software" means the object code version of any software that may be licensed by a Customer for installation on the Customer’s systems, subject to the Terms of Service. To the extent KnowBe4 makes available any updates or enhancements, such updates and enhancements will be included in the definition of “Software.”
"Subscription Services" means any Web Hosted Services, Software, Support Services, Professional Services, Training Content, and/or other services that KnowBe4 offers, and such upgrades, enhancements, new versions or releases, bug fixes, and any workarounds that KnowBe4 makes available pursuant to this Agreement, including any Documentation.
“Terms of Service" means KnowBe4’s then-current subscription terms setting forth the terms and conditions of a Customer’s, and its End User's, permitted use of one or more Subscription Services. A copy of the latest Terms of Service is available online at knowbe4.com/terms, or such other URL locations on KnowBe4’s website as KnowBe4 may provide from time to time, which may be amended from time to time in KnowBe4’s sole discretion.
“Territory” means the geographical area described in the KnowBe4 Channel Partner Registration Form. If territory is left blank, then the Territory will be defined as the United States.
“Training Content” means digital courseware, training modules, testing and training templates, games, posters, artwork, videos, newsletters, security documents, or other content and materials provided by KnowBe4 and/or its third party licensors.
“Web Hosted Services” means an application and/or database services hosted by KnowBe4 or its agents and made available for remote access and use by Customers subject to the Terms of Service.