Netlify Partner Program Agreement

This Netlify Partner Program Agreement (this “Agreement”) is entered into between Netlify, Inc., a Delaware corporation (“Netlify”, “we”, “us”, or “our”), and you, the entity or individual accepting this Agreement (“Partner”, “you”, or “your”). Netlify and Partner may each be referred to as a “Party” and collectively as the “Parties.”

This Agreement governs your participation in the Netlify Partner Program (the “Partner Program”) available at netlify.com/partners. By clicking “Accept,” “I Agree,” or by otherwise indicating your acceptance through the Partner Portal, you agree to be bound by the terms of this Agreement. If you are accepting on behalf of an entity, you represent and warrant that you have the authority to bind that entity to this Agreement.

In consideration of the mutual promises contained herein, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

1. Definitions

“Affiliate” means any person or entity directly or indirectly controlling, controlled by, or under common control with a Party.

“Commission” means the referral fee or revenue share payable to Partner for Qualified Referrals, as specified in the Partner Portal.

“Confidential Information” means any non-public information disclosed by one Party to the other in connection with this Agreement, including business plans, financial data, technical specifications, pricing, customer information, and the terms of this Agreement. Confidential Information does not include information that: (a) is or becomes publicly available through no fault of the receiving Party; (b) was known to the receiving Party prior to disclosure; (c) is independently developed without use of the disclosing Party’s Confidential Information; or (d) is rightfully received from a third party without restriction.

“Customer” means a third party that purchases or subscribes to the Netlify Services as a result of Partner’s referral activities under this Agreement.

“Customer Transaction” means a Customer’s initial purchase of, or subscription to, the Netlify Services that is attributable to Partner through the Partner Portal.

“Deal Registration” means the process by which Partner submits a prospective enterprise Customer opportunity to Netlify for review and approval through the Partner Portal.

“Cloud Marketplace” means a third-party cloud marketplace through which customers may purchase or subscribe to the Netlify Services, including without limitation the AWS Marketplace, Google Cloud Marketplace, or Azure Marketplace.

“Intellectual Property” means patents, trademarks, service marks, copyrights, trade secrets, know-how, and all other intellectual property rights recognized in any jurisdiction.

“Netlify Brand Assets” means Netlify’s name, logo, trademarks, and any other brand-identifying features.

“Netlify Services” means Netlify’s software-as-a-service platform and related products and services as described at netlify.com/pricing.

“Partner Link” means any unique referral link, tracking code, or other attribution mechanism assigned to Partner through the Partner Portal for the purpose of tracking referrals.

“Partner Portal” means the partner management platform provided by Netlify (currently powered by PartnerStack) through which Partner manages referrals, tracks Commissions, accesses program resources, and participates in the Partner Program. The Partner Portal is accessible at netlify.com/partners or such other URL as Netlify may designate from time to time.

“Program Policies” means the operational guidelines, commission structures, tier requirements, acceptable use policies, brand guidelines, and other requirements that Netlify may publish and update from time to time in connection with this Agreement, including via the Partner Portal and at www.netlify.com/partners. Program Policies are incorporated by reference into this Agreement.

“Qualified Referral” means a referral that meets the eligibility criteria set forth in Section 3 of this Agreement and the applicable Program Policies.

“Reseller Addendum” means a separate written addendum to this Agreement under which Partner is authorized to resell the Netlify Services on Partner’s own paper, as further described in Section 2.5.

2. Partner Program

2.1 Program Overview

The Partner Program enables Partners to refer prospective customers to Netlify and earn Commissions on Qualified Referrals. Referrals may be made through self-serve referral links tracked via the Partner Portal or through Deal Registration for enterprise opportunities. The specific commission rates, tier structures, and program benefits are set forth in the Program Policies and the Partner Portal.

2.2 Partner Acceptance

Participation in the Partner Program is subject to Netlify’s acceptance. Upon your acceptance of this Agreement, Netlify will review your application and notify you whether you have been accepted to participate in the Partner Program. If Netlify does not notify you of acceptance within thirty (30) days of your application, your application shall be deemed rejected. Netlify reserves the right to accept or reject any application in its sole discretion.

2.3 Non-Exclusivity

This Agreement does not create an exclusive relationship. Both Parties may recommend, work with, or maintain relationships with similar products, services, and partners of third parties. Notwithstanding the foregoing, once Partner submits a referral or Deal Registration to Netlify, Partner shall not refer a direct competitor of Netlify to such prospect in connection with the same opportunity.

2.4 Program Policies

Partner’s participation in the Partner Program is subject to the Program Policies, which Netlify may update from time to time. Netlify will provide Partner with thirty (30) days’ notice of changes to the Program Policies via the Partner Portal or email. If an update to the Program Policies will have a materially negative effect on Partner, then Partner may terminate this Agreement in accordance with Section 9.

2.5 Reseller Arrangements

Certain Partners may be authorized by Netlify, in its sole discretion, to resell the Netlify Services on Partner’s own paper (a “Reseller Arrangement”). Reseller Arrangements require the execution of a separate Reseller Addendum between Netlify and Partner, which shall set forth the specific terms and conditions applicable to such arrangement, including pricing, invoicing, customer terms flow-down requirements, and Partner’s margin. In the event of any conflict between this Agreement and a Reseller Addendum, the Reseller Addendum shall control with respect to the reseller-specific terms. For the avoidance of doubt, this Agreement shall continue to apply to all referral activities conducted by a Partner with a Reseller Arrangement, and the Reseller Addendum shall apply solely to the resale activities authorized thereunder.

3. Referrals and Eligibility

3.1 Referral Process

Partner shall refer prospective customers to Netlify using the Partner Links and referral mechanisms provided through the Partner Portal. For self-serve referrals, Partner will use the unique Partner Link assigned to Partner. For enterprise opportunities, Partner will submit a Deal Registration through the Partner Portal with the information required by Netlify, including the prospect’s contact information, opportunity details, and any relevant context.

3.2 Qualified Referral Criteria

A referral will be considered a Qualified Referral if: (a) it is submitted through the Partner Portal using the designated referral process; (b) the prospect is not, at the time of submission, an existing Netlify customer or an active prospect already in Netlify’s sales pipeline or registered as an opportunity through another partner; (c) it is accepted by Netlify in writing (including through the Partner Portal); and (d) the prospect completes a Customer Transaction within the time period specified in the Partner Portal or the applicable Program Policies. Approval and acceptance of any referral is in Netlify’s sole discretion, and Netlify may reject any referral for any reason.

3.3 Deal Registration

For enterprise opportunities submitted via Deal Registration, Netlify will use commercially reasonable efforts to notify Partner of acceptance or rejection within seven (7) business days. An accepted Deal Registration will expire in accordance with the time period specified in the Partner Portal unless otherwise extended in writing by Netlify.

3.4 Engagement with Prospects

Once Netlify has received a referral, Netlify may, in its discretion, engage with the prospect directly. If a referral meets the criteria for a Qualified Referral in Section 3.2, Partner will receive Commission on any resulting Customer Transaction.

4. Commissions and Payment

4.1 Commission Entitlement

Partner will be entitled to receive Commissions for Qualified Referrals that result in Customer Transactions, subject to the terms of this Agreement and the applicable Program Policies. The Commission rates, structures, and payment terms are set forth in the Partner Portal and may vary based on Partner’s tier, the type of referral (self-serve or Deal Registration), and the Netlify Services purchased by the Customer.

4.2 Commission Calculation and Payment

Commissions will be calculated and tracked through the Partner Portal. Payments will ordinarily be made through the Partner Portal’s payment processing system in accordance with the payment schedule and methods specified therein. Partner is solely responsible for providing and maintaining accurate payment information and completing any required tax documentation within the Partner Portal. Netlify will have no liability for, and will not resend, payments returned or misdirected due to inaccurate payment information provided by Partner.

4.3 Taxes

Partner is responsible for payment of all taxes, duties, and fees (including bank fees) applicable to Commissions received under this Agreement. All amounts payable by Netlify to Partner are subject to offset by Netlify against any amounts owed by Partner to Netlify. Netlify may withhold taxes from Commission payments as required by applicable law.

4.4 Commission Adjustments

Netlify reserves the right to adjust, withhold, or claw back Commissions in the event of: (a) Customer refunds, chargebacks, or cancellations; (b) fraudulent or deceptive referral activity; (c) referrals that do not comply with this Agreement or the Program Policies; or (d) errors in Commission calculation.

4.5 Marketplace Transactions

Where a Customer Transaction arising from a Deal Registration is processed through a third-party marketplace (such as AWS Marketplace or similar cloud marketplace), the following shall apply: (a) the Customer Transaction shall remain attributable to Partner for purposes of Commission eligibility, provided the referral otherwise qualifies as a Qualified Referral; (b) Commissions shall be calculated on the net amount actually received by Netlify after deduction of any marketplace fees, commissions, or charges imposed by the marketplace operator; (c) payment timing for such Commissions may differ from the standard payment schedule set forth in the Partner Portal and shall be made within sixty (60) days of Netlify’s receipt of funds from the marketplace operator; and (d) Partner acknowledges that marketplace transactions may be subject to additional terms imposed by the marketplace operator, and Netlify shall not be liable for any delays, deductions, or other impacts resulting from such marketplace terms.

4.6 No Other Compensation

Commissions paid through the Partner Portal will be the sole compensation payable to Partner under this Agreement. Partner shall not be entitled to any other fees, reimbursements, or payments unless expressly agreed in a Reseller Agreement pursuant to Section 2.5 or other separate, written agreement.

5. Partner Obligations

5.1 General Conduct

Partner shall: (a) use commercially reasonable efforts to promote and market the Netlify Services in accordance with this Agreement; (b) conduct business in a competent and professional manner that reflects favorably on Netlify, the Netlify Services, and Netlify’s goodwill and reputation; (c) not engage in deceptive, misleading, and unethical practices; (d) not make any unauthorized representations, warranties, or guarantees with respect to Netlify or the Netlify Services; (e) comply with all applicable laws, including privacy, anti-spam, advertising, export control, and anti-bribery laws; and (f) comply with all applicable Program Policies.

5.2 Disclosure of Relationship

Partner is solely responsible for disclosing the nature of its referral and partnership relationship with Netlify to any leads, prospects, or customers, as required by applicable law (including without limitation the FTC Endorsement Guides or equivalent regulations in Partner’s jurisdiction). Partner shall indemnify and hold harmless Netlify against any liability arising from Partner’s failure to make required disclosures.

5.3 Prohibited Activities

Partner shall not: (a) use Partner Links to purchase Netlify Services for itself; (b) engage in cookie stuffing, pop-ups, false or misleading links, or any other deceptive means to generate referrals; (c) attempt to mask the referring URL information; (d) purchase ads that compete with Netlify’s own advertising, including bidding on Netlify’s branded keywords; (e) use any automated mechanisms, robots, iframes, or hidden frames to generate leads or encourage purchases; (f) distribute or resell the Netlify Services (except as expressly authorized pursuant to a Reseller Addendum executed under Section 2.5 of this Agreement); (g) make any commitments, agreements, or representations on behalf of Netlify; or (h) submit referrals through any lead list upload, bulk submission, or similar mechanism not expressly designated by Netlify as a permitted referral method in the Partner Portal.

5.4 Authority

Except as expressly authorized pursuant to a Reseller Addendum executed under Section 2.5 of this Agreement, Partner has no authority to distribute or resell the Netlify Services or to make any commitments or agreements, or incur any liabilities whatsoever, on behalf of Netlify. Except to the extent expressly set forth in marketing materials, service descriptions, documentation, or other collateral provided to Partner by Netlify for the purpose of performing referral activities (collectively, “Netlify Materials”), Partner shall not make or provide any representations or warranties to any leads or any other third party with respect to Netlify or the Netlify Services.

6. Brand Usage and Intellectual Property

6.1 Trademark License

During the term of this Agreement: (a) Netlify grants Partner a non-exclusive, non-transferable, royalty-free, revocable license to use the Netlify Brand Assets solely as necessary to perform Partner’s referral activities under this Agreement and in accordance with such Netlify brand guidelines as Netlify may communicate to Partner from time to time; and (b) Partner may refer to itself as a “Netlify Partner” on its website and materials. Partner shall not refer to itself as “Authorized,” “Certified,” or use similar terms implying a level of endorsement beyond participation in the Partner Program.

6.2 Trademark Restrictions

Partner will: (a) only use the Netlify Brand Assets as made available by Netlify, without altering them in any way; (b) only use the Netlify Brand Assets in connection with the Partner Program and this Agreement; (c) comply with Netlify’s trademark usage guidelines; and (d) immediately comply if Netlify requests that Partner discontinue any particular use of the Netlify Brand Assets. Partner will not: (i) use the Netlify Brand Assets in a misleading or disparaging manner; (ii) use the Netlify Brand Assets in a way that implies Netlify endorses, sponsors, or approves of Partner’s products or services beyond the Partner Program; or (iii) use the Netlify Brand Assets in violation of applicable law or in connection with any obscene, indecent, or unlawful content.

6.3 Partner Marks

Partner grants Netlify a non-exclusive, non-transferable, royalty-free right to use and display Partner’s trademarks, service marks, and logos (“Partner Marks”) in connection with the Partner Program, including listing Partner in Netlify’s partner directory.

6.4 Ownership

Each Party retains all right, title, and interest (including all Intellectual Property rights) in and to its own products, services, technology, data, content, and its respective marks and brand assets. Neither Party acquires any license or rights to the other Party’s products, services, or Intellectual Property except as expressly stated in this Agreement. All goodwill arising from one Party’s licensed use of the other party’s marks or brand assets shall inure to the other party’s exclusive benefit.

7. Confidentiality

Each Party shall maintain in confidence all Confidential Information of the other Party and shall not disclose such information to third parties except: (a) to employees, agents, or advisors who need to know such information for purposes of this Agreement and are bound by confidentiality obligations no less restrictive than this Section; (b) as required by law or court order, provided that the compelled Party provides prompt written notice to the other Party (to the extent permitted by law) so that the other Party may seek a protective order or other appropriate remedy; or (c) with the prior written consent of the disclosing Party. The terms and conditions of this Agreement, as well as any information relating to Qualified Referrals and Customer Transactions, shall be treated as Confidential Information of Netlify.

8. Representations and Warranties

8.1 Mutual Representations

Each Party represents and warrants that: (a) it has the full right, power, and authority to enter into this Agreement; (b) its performance under this Agreement complies with applicable law; and (c) this Agreement constitutes a legal, valid, and binding obligation.

8.2 Partner Representations

Partner further represents and warrants that: (a) it will submit complete and truthful information in connection with all referrals; (b) its participation in the Partner Program will not conflict with any existing agreements or arrangements; and (c) it has all necessary rights and permissions to grant Netlify the right to use the Partner Marks as contemplated herein.

8.3 Disclaimer

EXCEPT FOR THE EXPRESS WARRANTIES IN THIS SECTION 8, THE NETLIFY SERVICES AND ALL NETLIFY MATERIALS ARE PROVIDED “AS IS.” EACH PARTY HEREBY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY, INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. TO THE EXTENT EITHER PARTY MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY WARRANTY, THE SCOPE AND DURATION OF SUCH WARRANTY SHALL BE THE MINIMUM PERMITTED UNDER SUCH LAW.

9. Term and Termination

9.1 Term

This Agreement shall be effective as of the date Partner accepts this Agreement (the “Effective Date”) and shall continue for as long as Partner participates in the Partner Program, unless terminated in accordance with this Section 9.

9.2 Termination for Convenience

Either Party may terminate this Agreement at any time upon thirty (30) days’ written notice to the other Party (including via the Partner Portal or email).

9.3 Termination for Cause

Either Party may terminate this Agreement immediately or on such shorter notice as the circumstances require if the other Party: (a) materially breaches this Agreement and fails to cure such breach within thirty (30) days after receiving written notice specifying the breach; (b) becomes insolvent, makes a general assignment for the benefit of creditors, or becomes subject to any bankruptcy proceeding; or (c) engages in fraudulent, illegal, or deceptive conduct in connection with the Partner Program.

9.4 Termination for Program Changes

If Netlify updates the Program Policies in a manner that results in Partner’s material detriment, Partner may terminate this Agreement on ten (10) days’ written notice, provided that such notice is delivered within thirty (30) days after Netlify’s notice of the change.

9.5 Effect of Termination

Upon termination or expiration of this Agreement: (a) Partner shall immediately cease all referral activities and discontinue all use of the Netlify Brand Assets, Partner Links, and Netlify Materials; (b) Partner shall remove all references to the Partner Program and Netlify’s trademarks from Partner’s website(s) and other materials; (c) Partner shall discontinue use of and delete access to the Partner Portal; and (d) any referral not yet converted to a Qualified Referral shall be deemed expired. For the avoidance of doubt, termination or expiration of this Agreement shall not cause a Customer’s subscription to the Netlify Services to be terminated.

9.6 Commissions Upon Termination

Except in the case of termination for cause by Netlify (in which case all unpaid Commissions are forfeited), any Commissions earned and accrued prior to the effective date of termination shall be paid to Partner in accordance with Section 4, provided that the related Customer Transaction is recognized by Netlify within thirty (30) days after the date of termination. Netlify shall have no obligation to pay Commissions on Customer Transactions recognized after such thirty (30) day period.

9.7 Survival

The following Sections shall survive expiration or termination of this Agreement: Section 1 (Definitions); Section 4.3 (Taxes); Section 4.4 (Commission Adjustments); Section 4.5 (Marketplace Transactions); Section 5.2 (Disclosure of Relationship); Section 6.4 (Ownership); Section 7 (Confidentiality) (for three years following termination); Section 8.3 (Disclaimer); Section 9.5 (Effect of Termination); Section 9.6 (Commissions Upon Termination); Section 10 (Indemnification); Section 11 (Limitation of Liability); and Section 12 (General Provisions).

10. Indemnification

Partner shall indemnify, defend, and hold harmless Netlify and its officers, directors, employees, agents, and Affiliates from and against any third-party claim, suit, action, or proceeding arising out of or related to: (a) Partner’s participation in the Partner Program; (b) Partner’s breach of this Agreement or violation of applicable law; (c) Partner’s use of the Partner Links, Netlify Brand Assets, or Netlify Materials in a manner not authorized by this Agreement; (d) any unauthorized representations, warranties, or guarantees made by Partner concerning Netlify or the Netlify Services; or (e) Partner’s failure to disclose its referral relationship with Netlify as required by applicable law. Netlify will: notify Partner in writing within thirty (30) days of becoming aware of any such claim; give Partner sole control of the defense or settlement of such claim; and provide Partner with reasonable cooperation and assistance at Partner’s expense. Partner shall not accept any settlement that (i) imposes an obligation on Netlify, (ii) requires Netlify to make an admission, or (iii) imposes liability not covered by these indemnifications, without Netlify’s prior written consent.

11. Limitation of Liability

TO THE EXTENT PERMITTED BY LAW, NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF DATA, REGARDLESS OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

EXCEPT FOR PARTNER’S LIABILITY ARISING OUT OF SECTION 10 (INDEMNIFICATION), NEITHER PARTY’S AGGREGATE LIABILITY UNDER THIS AGREEMENT SHALL EXCEED THE GREATER OF: (A) ONE THOUSAND U.S. DOLLARS ($1,000.00); OR (B) THE TOTAL COMMISSIONS PAID BY NETLIFY TO PARTNER UNDER THIS AGREEMENT IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRIOR TO THE EVENT GIVING RISE TO LIABILITY.

THE LIMITATIONS AND EXCLUSIONS OF LIABILITY SET FORTH IN THIS SECTION SHALL NOT APPLY TO THE DEFENSE AND INDEMNIFICATION OBLIGATIONS CONTAINED IN THIS AGREEMENT OR FOR ANY BREACH OF SECTION 6.4 (OWNERSHIP) OR SECTION 7 (CONFIDENTIALITY).

12. General Provisions

12.1 Data Protection

If the Parties share or process personal information in connection with this Agreement, each Party agrees to comply with all applicable data protection laws. If required, the Parties will execute any additional data processing documentation deemed necessary, such as a data processing addendum.

12.2 Governing Law and Venue

This Agreement shall be governed by the laws of the State of California without regard to conflict of laws rules. Any action arising from this Agreement will be brought exclusively in the state or federal courts located in the City and County of San Francisco.

12.3 Independent Contractors

The Parties are independent contractors. Nothing herein creates a partnership, joint venture, employment, or agency relationship. Neither Party has authority to make commitments or incur liabilities on behalf of the other.

12.4 Assignment

Neither Party may assign or transfer this Agreement without the prior written consent of the other, except to a successor in interest by merger, reorganization, sale of all or substantially all of its assets, or change of control, provided the assigning Party gives written notice and the assignee agrees to be bound, or to a party who controls, is controlled by, or is under common control with the Party.

12.5 Notices

All notices under this Agreement shall be in writing and delivered via the Partner Portal, confirmed email, or nationally recognized courier. Notices delivered via the Partner Portal shall be deemed effective upon delivery through the platform. Netlify may also give electronic notice to Partner by email to the address associated with Partner’s account.

12.6 Amendment; No Waiver

Netlify may update or modify the terms of this Agreement by notifying Partner via the Partner Portal and/or by email. The updated Agreement will become effective and binding within thirty (30) days following the date such notice is first sent. If Partner does not agree to the update, change, or replacement, Partner may terminate as described in Section 9.4. No delay in exercising any right or remedy or failure to object will be a waiver of such right or remedy or any other right or remedy. A waiver on one occasion will not be a waiver of any right or remedy on any future occasion.

12.7 Severability

If any provision of this Agreement is held to be unenforceable, such provision will be reformed to the extent necessary to make it enforceable, and such holding will not impair the enforceability of the remaining provisions.

12.8 Force Majeure

Neither Party shall be liable for failure or delay in performance due to events beyond its reasonable control, including acts of God, war, government actions, natural disasters, or internet or telecommunications outages, provided the other Party is promptly notified.

12.9 Equitable Relief

Each Party acknowledges that any violation of the other Party’s Intellectual Property rights or misuse of Confidential Information would cause irreparable harm for which monetary damages would be inadequate. Accordingly, each Party agrees that, in addition to all other remedies available at law, the non-breaching Party will be entitled to seek temporary and permanent injunctive relief, including specific performance.

12.10 No Third-Party Beneficiaries

Nothing in this Agreement confers upon any person or entity other than the Parties any right, benefit, or remedy.

12.11 Compliance with Laws

Each Party will comply with all applicable laws, including export control, data privacy, and anti-bribery laws. Partner shall comply with the sanctions programs administered by the Office of Foreign Assets Control (OFAC) of the U.S. Department of the Treasury and shall not directly or indirectly export, re-export, or transfer the Netlify Services to prohibited countries or individuals.

12.12 Entire Agreement

This Agreement, together with the Program Policies and any terms set forth in the Partner Portal, constitutes the complete agreement between the Parties regarding the Partner Program and supersedes all prior communications, agreements, and understandings relating to the subject matter hereof, including without limitation any prior Netlify Agency Partner Program Agreement, Netlify Technology Partner Program Agreement, or any addenda thereto (collectively, “Prior Partner Agreements”). Upon the Effective Date, any Prior Partner Agreements between the Parties shall be deemed terminated and of no further force or effect, except that (a) any Commissions or referral fees earned and accrued under a Prior Partner Agreement prior to the Effective Date shall remain payable in accordance with the terms of such Prior Partner Agreement, and (b) any confidentiality and survival obligations under a Prior Partner Agreement shall continue in accordance with their terms. In the event of any conflict between this Agreement and the Program Policies, this Agreement shall control.

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BY CLICKING “ACCEPT” OR “I AGREE” IN THE PARTNER PORTAL, PARTNER ACKNOWLEDGES THAT IT HAS READ, UNDERSTOOD, AND AGREES TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

Last updated: March 15, 2026