Hoover's Partner Program Terms and Conditions

This Agreement contains the complete terms and conditions that apply to an individual's or entity's participation in the Hoover's Partner Program (the "Program"). As used in this Agreement, "we" means Hoover's, and "you" means the applicant. "Site" means a World Wide Web site and, depending on the context, refers either to Hoover's site located at the URL http://www.hoovers.com, or to any site that you might link to our site (and which you will identify in your Program application).

  1. Enrollment in the Program
    To begin the enrollment process, you will submit a complete Program application via our site or email. We will evaluate your application in good faith and will notify you of your acceptance or rejection. We may reject your application if we determine (at our sole discretion) that your business purpose or site is unsuitable for the Program. Examples of unsuitable businesses (this list is not exhaustive) are those that:

    • Promote sexually explicit materials, adult and/or mature content, Hacking/cracking content
    • Promote violence & profanity
    • Promote racial intolerance, or advocate against any individual, group, or organization, sex, religion, nationality, disability, sexual orientation, or age
    • Promote illegal activities, gambling or casino-related content
    • Include "Hoover's" or variations or misspellings thereof in their domain names
    • Otherwise violate intellectual property rights
    • Are in any nature perceived to be as competitive sites to Hoover's
    • Offer sales or promote of certain weapons, such as firearms, ammunition, balisongs, butterfly knives, and brass knuckles
    • Offer sales or promote of beer or hard alcohol, tobacco or tobacco-related products, prescription drugs


    If we reject your application, you are welcome to reapply to the Program at any time. You should also note that if we accept your application and your site is thereafter determined (at our sole discretion) to be unsuitable for the Program, we may terminate this Agreement at any time.

    If we reject your application, you are welcome to reapply to the Program at any time. You should also note that if we accept your application and your site is thereafter determined (at our sole discretion) to be unsuitable for the Program, we may terminate this Agreement at any time.

  2. Links on Your Site
    Once you have been notified that your site has been accepted into the Program, you may provide on your site a general link to Hoover's home page at http://www.hoovers.com. We will provide you with guidelines and graphical artwork to use in linking to our home page.

  3. Order Processing
    We will process orders placed by customers who are referred by you to Hoover's. We reserve the right to reject orders that do not comply with any requirements that we periodically may establish. We will be responsible for all aspects of order processing and service fulfillment. Among other things, we will prepare order forms, process payments, handle service fulfillment and customer service. We will track sales made to customers who purchase products and services.

  4. Referral Fees

    1. We will pay you (in accordance with the terms described below) referral fees on sales to third parties. To be eligible to earn a referral fee, the customer must be referred directly to a Hoover's Partner Program Manager If a referral makes a purchase through any other channel, you will not receive a referral fee. We will only pay referral fees on "new" sales only. Referral fees will not be paid when accounts renew at the end of their original subscription nor will referral fees be paid on any upgrades that occur on existing accounts.
    2. Our base referral fee is a base of 25% of gross revenue for any "new" sale. In addition, at the discretion of Hoover's, you shall also be entitled to receive a bonus revenue share. You will be made aware of such promotional opportunities in advance if one occurs.

  5. Payment
    Payments will be made by check to the Partner at the address of the record 120 days after the new sale is booked. You will need to provide the Partner Program Manager with a W-9 during the application period.

  6. Cancellations
    Any transaction that is cancelled will nullify any referral fees earned by you. If such a cancellation takes place and results in a negative balance or monies being owed by you to Hoover's, this shortfall will be taken from a future referral.

  7. Policies and Pricing
    Customers who register through this Program will be deemed to be customers of Hoover's. Accordingly, all Hoover's terms and conditions, rules, policies, and operating procedures concerning subscriber conduct, customer service, and sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for services sold under this Program in accordance with our own pricing policies.

  8. Term of the Agreement
    The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to our site, and all Hoover's trademarks, trade dress and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. You are only eligible to earn referral fees on our sales of Qualifying Products occurring during the term, and referral fees earned through the date of termination will remain payable only if the related orders are not canceled or returned. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.

  9. Modification
    We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on our site or promotional materials. Modifications may include, for example, changes in the scope of available referral fees, referral fee schedules, payment procedures, and Program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.

  10. Relationship of Parties
    You and we are independent businesses, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.

  11. Limitation of Liability
    We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed at any time and under any circumstances the total referral fees paid or payable to you under this Agreement.

  12. Disclaimers
    We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

  13. Independent Investigation
    YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

Miscellaneous
This Agreement will be governed by Texas law without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the Austin Jurisdiction and you irrevocably consent to the jurisdiction of such courts. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.

Have questions about the Hoover's Partner Program? Contact Jeffrey Gleason at (512) 380-4760.