Becoming a HubSpot Partner: A Comprehensive Guide to the Solutions Partner Program

For agencies and service providers looking to scale their business and deliver exceptional value to clients, the HubSpot Solutions Partner Program offers a powerful pathway. This guide breaks down the essential elements of the HubSpot partner agreement, providing a clear understanding of the program and how to thrive within the HubSpot ecosystem.

Understanding the HubSpot Solutions Partner Program

The HubSpot Solutions Partner Program is designed to foster a collaborative relationship between HubSpot and businesses like yours, empowering you to leverage HubSpot’s robust platform to drive growth for your clients and yourselves. This isn’t just a reseller agreement; it’s a partnership built on mutual success.

This document outlines the key aspects of the program, ensuring you understand the commitment and opportunities involved in becoming a HubSpot Partner. Whether you’re aiming to become a Partner or a Provider, understanding this agreement is your first step towards a successful collaboration with HubSpot.

Key Definitions to Know

Navigating any partnership agreement requires understanding the core terminology. Here are some crucial definitions within the HubSpot Solutions Partner Program Agreement:

Agreement: This refers to the HubSpot Solutions Partner Program Agreement itself, encompassing all linked materials and documents.
HubSpot Products: This broadly includes both the Subscription Service (HubSpot’s core software platform) and Other Products (additional features, services, and legacy products).
Subscription Service: This is HubSpot’s web-based inbound marketing, sales, service, operations, and content management software, accessed via HubSpot’s website.
Other Products: This category includes individual features like HubSpot Payments, legacy sales and marketing products, and professional services such as implementation, training, and consulting.
End User: This is the actual user of the HubSpot Products, typically your client.
Partner Level Subscription: To be a Partner, you need an active subscription to a Professional or Enterprise edition of HubSpot Subscription Service, demonstrating your commitment to the platform.
Provider Level Subscription: For the Provider level, an active subscription to a Starter edition of the Subscription Service is required.
Qualified Transactions: These are transactions that make you eligible for Revenue Share, typically involving sales of Subscription Services (Professional or Enterprise) through the program.
Revenue Share: This is a percentage of the Net Revenue from Qualified Transactions that HubSpot pays to you as a Partner or Provider.
Shared Deal: A prospect deal registered by you and accepted by HubSpot, or a deal provided by HubSpot and accepted by you, forming the basis for Qualified Transactions.
Legitimate Prospect: A valid business contact you have an established relationship with and are actively pursuing for a HubSpot sale, adhering to privacy regulations.

Understanding these definitions is crucial as they form the bedrock of your partnership with HubSpot.

Non-Exclusivity: Building Your Business, Together

The HubSpot Solutions Partner Program operates on a non-exclusive basis. This means:

You are not limited to HubSpot: You are free to recommend and work with other platforms and services for your clients.
HubSpot is not limited to you: HubSpot also retains the right to work with other partners and promote similar services.

This non-exclusive nature fosters a competitive yet collaborative environment. It encourages you to provide the best solutions for your clients while leveraging the power of the HubSpot platform. You are empowered to build a diverse service offering while specializing in HubSpot for clients where it’s the ideal fit.

It’s important to note that you can participate as either a Partner or a Provider at one time, but not both simultaneously. Each level has distinct eligibility requirements, reflecting different levels of engagement and commitment to the HubSpot ecosystem.

Partner and Provider: Rights and Responsibilities

As a HubSpot Partner or Provider, you gain specific rights and undertake certain obligations to ensure the program’s integrity and mutual success.

Partner and Provider Rights

HubSpot grants you a non-transferable, non-exclusive right to:

Promote HubSpot Products: Demonstrate and market HubSpot to your prospects and clients.
Provide Access to HubSpot: Enable your End Users to access and utilize HubSpot Products, ensuring they agree to HubSpot’s Customer Terms of Service.
Receive Sales Support: Benefit from limited sales support from HubSpot, such as participation in prospect calls (at HubSpot’s discretion).

These rights empower you to effectively represent HubSpot and offer its solutions to your client base.

Compliance and Conduct

Your participation in the program requires adherence to several key policies and guidelines:

Program Policies: You must comply with all terms and conditions of the Partner Program Agreement, including the detailed Program Policies. These policies outline tier qualifications, product/service purchase requirements, and other program specifics.
Program Code of Conduct: You are expected to adhere to the Program Code of Conduct, ensuring ethical and professional behavior within the HubSpot partner ecosystem. This includes the Program Events Code of Conduct for any HubSpot events you attend.
Service Limits: Respect the usage limits associated with HubSpot products, as outlined on HubSpot’s service limits page.
API Terms: If you utilize HubSpot’s APIs, developer tools, or related software, you must comply with HubSpot’s API Terms.
Directory and Community Terms: If you participate in the HubSpot Solutions Directory or Community, you agree to adhere to their respective Terms of Use.

Failure to comply with these policies can lead to termination of your agreement or suspension from the program. Maintaining compliance is essential for a healthy and long-lasting partnership with HubSpot.

Qualified Transactions: Earning Revenue Share

A core benefit of the HubSpot Solutions Partner Program is the opportunity to earn Revenue Share on successful transactions. However, specific criteria must be met for a transaction to be considered “Qualified.”

Transaction Eligibility

To be eligible for Revenue Share:

Valid Shared Deal: The transaction must originate from a valid Shared Deal (either partner-registered or HubSpot-provided).
Subscription Service Focus: Revenue Share is primarily for Professional or Enterprise-level Subscription Services. Starter-level subscriptions alone are not eligible unless paired with higher-tier services.
Legal and Ethical Compliance: Eligibility is contingent on legal and ethical considerations, ensuring compliance with regulations and preventing any actions that could negatively impact HubSpot’s reputation.
No Double Compensation: You are not eligible for Revenue Share if the End User directly compensates you for commissions or referral fees.
New Customer Acquisition: Revenue Share typically applies to transactions with new HubSpot customers or qualified upsell/cross-sell scenarios. Transactions with existing HubSpot customers prior to your partnership are generally not eligible.

Furthermore, HubSpot reserves the right to terminate the agreement or withhold Revenue Share if eligibility criteria are not continuously met.

Creating and Accepting Shared Deals

The process for creating a Qualified Transaction begins with Shared Deals:

Deal Registration: You must register deals through the Partner Toolset in your HubSpot portal, linking them to a Legitimate Prospect.
HubSpot Discretion: HubSpot has the discretion to accept or reject registered deals before the deal closes.
Acceptance Criteria: HubSpot generally accepts deals where the prospect is a new potential customer (or a valid upsell/cross-sell), not your affiliate, and a Legitimate Prospect with valid and properly obtained contact information.

HubSpot Shared Deals

In some cases, HubSpot may provide you with HubSpot Shared Deals:

Prospect Introductions: HubSpot may share information about prospects who may benefit from your services.
Non-Exclusive Leads: These leads are also shared with other partners, fostering a competitive environment.
Confidential Information: HubSpot Shared Deals are considered confidential and must be treated accordingly.
Sold Credit Eligibility: You may be eligible for “sold credit” based on your engagement with HubSpot Shared Deals, contingent on attaching a customer-approved proof of involvement (POI) link.

Engaging with Prospects and End Users

Throughout the sales and onboarding process, engagement with prospects and End Users is crucial:

HubSpot Engagement: HubSpot may engage directly with prospects or End Users for various reasons, including cross-sell programs, subscription processes, support, and marketing activities.
Collaboration: HubSpot may request your collaboration in these engagements, potentially including introductions and participation in calls.
Direct Contracts: End Users typically contract directly with HubSpot for Subscription Services.
Partner-Placed Orders (Limited): In some cases (excluding Cross-Sell), you may place orders on behalf of End Users, ensuring the agreement incorporates HubSpot’s Customer Terms of Service.
End User Agreement: Regardless of the ordering method, End Users must agree to HubSpot’s Customer Terms of Service when using the platform.
Compliance Responsibility: You are responsible for ensuring End Users comply with the Customer Terms of Service and must report any suspected violations.

Revenue Share and Payment: Getting Paid

Understanding the Revenue Share structure and payment process is critical for your financial planning as a HubSpot Partner.

Payment Requirements and Forfeiture

To receive Revenue Share payments, you must:

Agreement Compliance: Adhere to all terms of the Partner Program Agreement.
Account Information: Provide complete account details, including bank information for payment.
Tax Documents: Submit all necessary and valid tax documents, including VAT invoices where applicable, within 30 days after the fiscal quarter’s end.

Failure to submit required documentation within the timeframe may delay payment processing until the next fiscal quarter.

Furthermore, Revenue Share can be forfeited under specific circumstances:

Documentation Delays: If required documentation is outstanding for six months after a Qualified Transaction closes.
Failed Bank Transfers: If HubSpot attempts to pay via bank transfer, and it fails due to no fault of HubSpot, and contact attempts to update information are unanswered for six months.

In such cases, your right to Revenue Share for the associated transactions is permanently forfeited.

Revenue Share Payment Details

Payment Timing: HubSpot (or an Affiliate) will pay Revenue Share within 45 days after each fiscal quarter’s end.
Calculation: Payment is calculated as a percentage of the Net Revenue HubSpot recognizes from Qualified Transactions during that quarter. Revenue recognition for annual subscriptions is pro-rated quarterly.
Currency and Conversion: HubSpot determines the payment currency and applicable conversion rate, which may differ from the transaction currency.
Single Payment: Typically, only one Revenue Share payment is made per partner sale (unless HubSpot decides otherwise).
Payment Threshold: HubSpot may withhold payment until the accrued Revenue Share exceeds $100 USD.

Taxes and Payment Obligations

Tax Responsibility: You are responsible for all taxes associated with Revenue Share payments. Sales tax may be assessed unless you provide a valid reseller certificate.
Offsetting Debts: HubSpot may offset payments against any amounts you owe to HubSpot.
Partner-Placed Order Payment: If you place orders for End Users, you are responsible for paying HubSpot for HubSpot Product fees, regardless of whether you’ve collected payment from the End User.
Credit Card/Invoice Payments: Payments can be made via credit card or invoice, with invoice amounts due within 30 days.
Non-Payment Consequences: Failure to pay fees may result in suspension of HubSpot Products and potential termination of the End User’s access.

Training and Support: Resources for Success

HubSpot is committed to equipping its partners with the resources needed to succeed.

Training and Support Resources

HubSpot provides partners with:

Webinars and Resources: Access to various webinars and materials designed to enhance your HubSpot expertise and sales capabilities.
Partner Toolset: A dedicated Partner Toolset within your HubSpot portal, offering resources and functionalities to manage your partnership.

HubSpot reserves the right to modify or discontinue any part of the Partner Toolset or program benefits without notice. Data submitted through the Partner Toolset is stored in HubSpot’s US Data Center.

End User Training and Support

HubSpot Onboarding: End Users may be required to undergo HubSpot’s standard onboarding process, potentially involving a purchase.
User Training: HubSpot provides user training as agreed upon in the order between HubSpot and the End User.
Direct Communication: HubSpot may communicate directly with End Users regarding product usage and support issues.

HubSpot Demo Account

Educational and Demonstration Purposes: If provided, a HubSpot Demo Account is solely for your education, demonstration, and evaluation.
Limited Use: It cannot be used for commercial exploitation, leasing, or selling.
Data Restrictions: You cannot use End User data or Customer Data with the Demo Account; only your own data or HubSpot-provided synthetic data is permitted.
Usage Limits: You must adhere to contact and object limits within the Demo Account.
Customer Terms of Service Apply: Your use of the Demo Account is governed by HubSpot’s Customer Terms of Service and Acceptable Use Policy.
Account Modification/Discontinuation: HubSpot reserves the right to modify or discontinue the Demo Account at any time.

Optional Partner Programs: Expanding Your Engagement

HubSpot may offer Optional Programs to enhance your partnership:

Tools, Beta Programs, Promotions: These may include optional tools, beta testing opportunities, or partner-specific promotions.
Program-Specific Terms: Additional terms may apply to each Optional Program, which will be provided when offered.
Promotional Guidelines: If promotions are offered, you must adhere to specific guidelines, including marketing only to registered prospects and avoiding mass marketing of promotions.
Program Discontinuation: HubSpot may discontinue Optional Programs at any time.

Participation in Optional Programs is voluntary and can provide additional benefits and opportunities to deepen your partnership with HubSpot.

Trademarks: Brand Association

Both you and HubSpot grant trademark usage rights within the partnership framework.

Participant Marks

You grant HubSpot a non-exclusive, royalty-free right to use your trademarks and logos (Participant Marks) in connection with the Partner Program and Agreement.

HubSpot Trademarks

HubSpot Ownership: HubSpot retains all ownership rights to its trademarks.
Permitted Use: You may use HubSpot trademarks (e.g., partner badges) according to specific guidelines.
Usage Requirements: You must use only approved trademark images, use them solely in connection with the Program, comply with HubSpot’s Trademark Usage Guidelines and Partner Promotion Guidelines, and immediately cease use upon request.
Prohibited Use: You must not use HubSpot trademarks misleadingly, outside the Program scope, in a way that implies endorsement, or in violation of law or in connection with inappropriate content.

Proprietary Rights: Protecting Intellectual Property

Understanding proprietary rights is essential for respecting intellectual property within the partnership.

HubSpot’s Proprietary Rights

HubSpot IP Ownership: HubSpot Products are protected by intellectual property laws and remain the property of HubSpot or its licensors.
No Software License Granted: The Partner Program Agreement does not grant any software licenses.
Restrictions: You are prohibited from copying, distributing, creating derivative works, or reverse-engineering HubSpot Products or Content, except as expressly authorized.
HubSpot Trademarks: HubSpot logos and marks are trademarks of HubSpot and cannot be used without prior written permission, except as outlined in the agreement.
Feedback Ownership: Any comments or suggestions you provide regarding HubSpot Products become non-confidential, and HubSpot has the right to use and incorporate them without payment to you.

End User’s Proprietary Rights

End User Portal Access: End Users retain access and usage rights to their HubSpot portal, regardless of who placed the order or makes payments.
End User Data Ownership: End Users own and retain all rights to their End User Data.
Portal Ownership Transfer: HubSpot may transfer portal ownership directly to the End User if deemed necessary.

User Participation Disclosure

Multi-Partner Portals: End User portals may involve multiple Partners or Providers.
Data Visibility: Information about you within an End User portal may be visible to all portal users and is not considered Confidential Information between users.
User Permissions: End Users are responsible for managing User Permissions to control data access and visibility within their portal.

Confidentiality: Protecting Sensitive Information

Confidentiality is a cornerstone of the HubSpot Solutions Partner Program, ensuring trust and security.

Confidentiality Obligations

Protection Standard: The Receiving Party must protect the Disclosing Party’s Confidential Information with the same degree of care they use for their own confidential information, but no less than reasonable care.
Limited Use: Confidential Information can only be used within the scope of the Partner Program Agreement.
No Disclosure to Third Parties: Confidential Information cannot be disclosed to any third party.
Limited Access: Access to Confidential Information must be restricted to employees, contractors, and agents who need it for Program-related purposes and have signed confidentiality agreements.

Permitted Disclosure

Disclosure of Confidential Information is permitted if legally required:

Legal Mandate: If disclosure is required by law, subpoena, or legal process.
Notice Requirement: The Receiving Party must provide prompt notice to the Disclosing Party to allow them to object or seek protective orders (unless legally prohibited).
Minimum Disclosure: Only the minimum amount of Confidential Information legally required should be disclosed.
Government Agency Disclosure: Disclosure to government agencies is permitted under valid court orders.

Injunctive Relief

Irreparable Harm: Both parties acknowledge that unauthorized use or disclosure of Confidential Information can cause irreparable harm.
Right to Injunction: Either party can seek immediate injunctive relief against breaches or threatened breaches of confidentiality.

No Insider Trading

Material Non-Public Information: Partners may be exposed to material, non-public information about HubSpot.
Prohibition on Trading: Partner Representatives are prohibited from trading HubSpot securities based on insider information, giving trading advice, or disclosing non-public information.

Opt-Out and Unsubscribing: Respecting Communication Preferences

Respecting communication preferences is crucial for maintaining ethical marketing practices.

Compliance with Opt-Out Requests

Prompt Compliance: You must promptly comply with all opt-out, unsubscribe, “do not call,” and “do not send” requests from prospects or HubSpot Shared Deals.
Privacy Policy: You must maintain a privacy policy compliant with all applicable laws and regulations in your operating regions.
Opt-Out Systems: You must establish and maintain systems and procedures to effectively manage opt-out requests.

Term and Termination: Ending the Partnership

Understanding the term and termination conditions is essential for managing the partnership lifecycle.

Term

The Partner Program Agreement remains in effect as long as you participate in the Program and meet all requirements, until terminated.

Termination Without Cause

Both you and HubSpot can terminate the Agreement with 30 days’ written notice.

Termination for Agreement Changes

If HubSpot updates or replaces the Agreement terms, you can terminate without cause with five days’ written notice, provided you notify HubSpot within ten days of the change notice. Continued participation after 15 days of the change notice implies acceptance of the updated terms.

Termination For Cause

HubSpot can terminate the Agreement or suspend access to HubSpot Products under various circumstances:

Material Breach: With 30 days’ notice for a material breach that remains uncured.
Failure to Meet Program Requirements: Automatically within 30 days of failing to meet Partner or Provider program requirements.
Non-Payment: With 15 days’ notice for non-payment of amounts due.
Insolvency: Immediately if you become subject to bankruptcy or insolvency proceedings.
Breach of Customer Terms of Service: Immediately for breaches of Customer Terms of Service by you or your End Users.
Confidentiality or IP Breach: Immediately for breaches of confidentiality obligations or infringement of HubSpot’s intellectual property rights.
Negative Impact: Immediately if HubSpot determines your actions negatively impact HubSpot, its prospects, or customers.

Effects of Termination

Subscription Service Continuity: Termination of the Partner Agreement does not automatically terminate your or your End Users’ Subscription Services, which are governed by the Customer Terms of Service.
Revenue Share Payment Post-Termination: In cases of termination without cause by HubSpot or with cause by you, HubSpot will pay Revenue Share earned up to the termination date, provided End User payment is recognized within 30 days of termination. Partners may receive one final Revenue Share payment after the quarter of termination.
No Revenue Share After Termination (Generally): In cases of termination without cause by you or for cause by HubSpot, your right to receive Revenue Share terminates immediately.
Data Deletion: Upon termination, you must discontinue use and delete HubSpot leads and shared leads unless you have consent to retain them.
Trademark Discontinuation: You must immediately cease using HubSpot trademarks and remove HubSpot badges from your website.

Partner Representations and Warranties: Your Commitments

As a HubSpot Partner, you make certain representations and warranties:

Data Rights: You warrant that you have sufficient rights to provide prospect data to HubSpot.
No Conflicting Agreements: Your participation in the Program does not conflict with existing agreements.
Trademark Rights: You own or have sufficient rights to grant HubSpot the right to use your Participant Marks.

Indemnification: Protecting Against Claims

Indemnification clauses outline responsibilities for legal claims.

Partner Indemnification

You agree to indemnify, defend, and hold HubSpot harmless against third-party claims arising from:

Your participation in the Program.
HubSpot’s use of prospect data you provided.
Your breach of the Partner Program Agreement.
Your use of Optional Programs or the HubSpot Demo Account.
HubSpot’s use of your Participant Marks.

HubSpot Indemnification (Conditional)

HubSpot’s indemnification obligations are conditional based on your Qualified Subscription Value:

HubSpot Indemnification Requirement: If your Qualified Subscription Value exceeds $125,000 USD in the 12 months prior to a claim, HubSpot’s indemnification applies.

HubSpot Indemnification Coverage (If Applicable)

If the requirement is met, HubSpot will indemnify, defend, and hold you harmless against claims arising from:

IP Indemnification: Allegations that the Subscription Service infringes patents, trademarks, or copyrights.
Confidentiality Indemnification: Breaches of HubSpot’s confidentiality obligations.

Indemnification Exclusions

HubSpot’s indemnification obligations do not apply to claims caused by:

Third-Party Combinations: Combinations of Subscription Service with non-HubSpot hardware, software, or data.
Unauthorized Modifications: Modifications to the Subscription Service by anyone other than HubSpot.
Violation of Customer Terms: Use of the Subscription Service in violation of Customer Terms of Service.
Generic Functionality: Claims based on non-unique, traditional marketing/sales/service software features.
Non-HubSpot UI/Design Elements: Claims related to user interface or design elements not provided by HubSpot.

Remedies for Infringement Claims

In case of infringement claims, HubSpot may, at its option:

Modify or Replace Service: Modify the Subscription Service or provide a non-infringing substitute.
Obtain License: Secure a license for your continued use of the Subscription Service.
Terminate Access and Refund: Terminate access and refund prepaid fees for unused service.

Disclaimers; Limitations of Liability: Managing Risk

Disclaimers and limitations of liability define the scope of responsibilities and potential liabilities.

Disclaimer of Warranties

“As Is” Basis: HubSpot Products, Content, Program, Optional Programs, and Demo Account are provided “as is” without warranties (except for the Performance Warranty in the Customer Terms of Service).
No Implied Warranties: HubSpot disclaims all implied warranties, including merchantability, fitness for a particular purpose, title, and non-infringement.
API and Demo Account Availability: APIs and the Demo Account may not be available at all times.

No Indirect Damages

Exclusion of Indirect Damages: Neither party is liable for indirect, punitive, or consequential damages, including lost profits or business opportunities (except for confidentiality and IP violations).

Limitation of Liability

Liability Cap: HubSpot’s aggregate liability is limited to the total Revenue Share amounts you actually earned in the 12 months preceding the claim.

HubSpot Demo Account and Optional Programs Disclaimer

No Liability for Demo Account/Optional Programs: HubSpot disclaims all liability related to the HubSpot Demo Account and Optional Programs. Availability is discretionary and not guaranteed.

Non-Solicitation: Employee Respect

No Employee Solicitation: You agree not to intentionally solicit HubSpot employees or contractors for employment during the Agreement term and for 12 months post-termination. Public job postings not specifically directed at HubSpot employees are not considered solicitations.

General Provisions: Standard Legal Terms

The “General” section covers standard legal terms and conditions:

Amendment; No Waiver: HubSpot can update the Agreement, with changes posted online and notified via in-app or email. Continued participation after notification implies acceptance. No delay or failure to act constitutes a waiver of rights.
Applicable Law: The Agreement is governed by the laws of Massachusetts, USA, with exclusive jurisdiction in Boston courts.
Force Majeure: Neither party is liable for performance failures due to events beyond reasonable control (war, natural disasters, outages, etc.).
Actions Permitted: Lawsuits related to the Agreement must be initiated within one year of the cause of action, except for non-payment or IP breaches.
Relationship of the Parties: The Agreement does not create a joint venture, partnership, employment, or agency relationship.
Compliance with Applicable Laws: You must comply with all applicable laws, including export laws and privacy regulations.
Data Processing: Data processing related to the Program is governed by the HubSpot Business Partner Data Processing Agreement.
Severability: Invalid or unenforceable provisions will be replaced with valid provisions that closely match the original intent, while the rest of the Agreement remains in effect.
Notices: Notices are delivered to specified addresses and deemed delivered upon receipt. HubSpot’s notices can be electronic (in-app or email). You must keep your HubSpot account information current.
Entire Agreement: This Agreement is the complete agreement, superseding prior agreements. HubSpot rejects any additional terms you propose.
Assignment: You cannot assign the Agreement without HubSpot’s written consent. HubSpot can assign the Agreement to Affiliates or in case of mergers or acquisitions.
No Third-Party Beneficiaries: The Agreement is only for the benefit of HubSpot and you, not third parties.
Program Policies and Code of Conduct: Your participation is subject to the Program Policies and Code of Conduct, which HubSpot may update.
No Licenses: Only explicitly stated rights and licenses are granted.
Sales by HubSpot: The Agreement does not limit HubSpot’s right to sell HubSpot Products directly.
Authority: Both parties warrant they have the authority to enter into the Agreement.
Survival: Certain sections (payment, IP, confidentiality, termination effects, indemnification, liability limits, non-solicitation, general terms) survive termination.
Jurisdiction-Specific Terms: Additional terms may apply based on your location, as outlined in the Jurisdiction-Specific Terms.

Conclusion: Partnering for Growth with HubSpot

The HubSpot Solutions Partner Program offers a significant opportunity for agencies and service providers to expand their service offerings, grow their revenue, and deliver exceptional value to their clients. Understanding the terms of the HubSpot partner agreement is paramount to building a successful and sustainable partnership.

By embracing the collaborative spirit of the program, adhering to the guidelines, and leveraging the resources HubSpot provides, you can position your business for long-term growth within the dynamic HubSpot ecosystem. Becoming a HubSpot partner is more than just a business decision; it’s an investment in a mutually beneficial relationship focused on shared success.