1. Introduction
1.1 These Marketing Development Fund (“MDF”) Terms (the “MDF Terms”) are between HubSpot and you, the Partner (“Partner” or “You”) and governs your participation in HubSpot’s MDF Program (“MDF Program”) which is an Optional Program under the HubSpot Solutions Partner Program Agreement between the parties (the “HSPPA”), or an Optional Participant Program under your App Partner Program Agreement (the “APPA”), as applicable. The MDF Program provides you, the Partner, with the opportunity to secure matched funding for eligible marketing activities to grow your business (“MDF Marketing Activity”). These MDF Terms set out the terms and conditions governing your participation in the MDF Program.
1.2 These MDF Terms are effective on the date Partner accepts its terms and conditions through HubSpot’s Partner Resource Portal (the “Effective Date”).
1.3 Under the MDF Program, you propose a total projected cost for eligible expenses for an MDF Marketing Activity (“Projected Cost”), and if approved, HubSpot will contribute up to 50% of the Projected Cost (the “MDF Payment”). In order for Partner to qualify for the MDF Payment, Partner must meet certain threshold participation requirements (as outlined by HubSpot from time to time), complete all requisite training and certifications required by HubSpot, and submit a proposal detailing the MDF Marketing Activity (“MDF Proposal”). Following the MDF Marketing Activity, Partner must submit a request for reimbursement of the MDF Payment (“Reimbursement Request”).
1.4 All decisions related to MDF Program’s benefits and eligibility are at the sole discretion of HubSpot.
2. MDF Program Participation Requirements.
2.1 In order to be eligible for the MDF Program, a Partner must, at the time of submission of the proposal:
2.1.1 if applicable, be a Platinum, Elite or Diamond Partner;
2.1.2 be in Good Standing and maintain such standing throughout participation in this MDF Program (including with respect to previous conduct within the MDF Program);
**(see Schedule 1 for PGA specific terms for the following sections)**
2.1.3 submit the MDF Proposal via HubSpot’s Partner Resource Portal (or the submission form if it remains active) a minimum of 6 weeks before the intended date of their MDF Marketing Activity with a minimum Projected Cost of $5,000 USD;
2.1.4 agree to match the MDF Payment (i.e., 50% of the Proposed Cost) for the MDF Marketing Activity;
2.1.5 complete the MDF Marketing Activity within 2 weeks of the date stipulated in the MDF Proposal; and
2.1.6 agree to comply with these MDF Terms and all applicable HubSpot policies, procedures and agreements (as updated from time to time).
2.2 HubSpot will not consider MDF Proposals from Partners that do not meet all the above criteria.
3. MDF Proposal Submission.
3.1 Partner must submit the MDF Proposal on the HubSpot’s Partner Resource Portal (or via the submission form if it remains active).
3.2 The MDF Proposal must include:
3.2.1 Partner company name, HUB ID, and contact information;
3.2.2 Proposed event name, goals, and description for the MDF Marketing Activity;
3.2.3 Projected Cost, budget breakdown, and requested MDF Payment, all denominated in USD;
3.2.4 A plan, submitted via the submission form, detailing how the Partner will reach the Partner MDF Conversion Target (defined below in Section 6.7) as part of the MDF Marketing Activity; and
3.2.5 Expected Return on Investment (“ROI”).
3.3 All MDF Marketing Activity must have a well-defined strategy and provide an acceptable marketing ROI. HubSpot is looking for the following in the MDF Proposals in order to award funding:
3.3.1 Focuses on sourcing net-new business;
3.3.2 Proposes unique value proposition (industry or use case); and
3.3.3 Targets upmarket businesses (200+ employees).
3.4 During the review process, Partners may be contacted for further information. If contacted, Partners and/ or their PDM must respond within 5 business days of the sending of the communication. Otherwise, the MDF Proposal will be rejected.
Eligible activities |
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3.5 The following is a non-exhaustive list of eligible events for an MDF Marketing Activity: |
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3.5.1 C-suite or executive dinner: Host prospects in C-suite level roles with industry or HubSpot experts. |
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3.5.2 Thought leadership panel: Featuring industry experts or analysts to position HubSpot as a leader. |
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3.5.3 Industry or role-specific roundtable: Roundtable discussions focused on a specific industry or executive role (e.g., CMOs, CROs, or CEOs) relevant to your prospects. |
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3.5.4 Industry challenges event: Address common challenges or pain points faced by your target industry and prospects. Offer insights and best practices on how to address these challenges effectively. |
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3.5.5 Entertaining field event: a field event that incorporates a unique activity that creates memorable and engaging experiences that allow prospects to interact with the brand in an impactful way. |
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3.5.6 While traditional sponsorships of sporting events, such as golf tournaments, are not eligible for funding, HubSpot will consider certain unique sporting or other entertaining event experiences on a case-by-case basis. |
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3.5.7 Digital events such as webinars, roundtables, online summits. This can be industry or persona-specific that focuses on solving common challenges or pain points. This should include a plan on how to repurpose this type of content beyond the original event. |
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3.5.8 Events that showcase AI use cases on how prospects or customers can leverage AI technologies to get more value out of HubSpot. |
3.6 The following is a non-exhaustive list of eligible expenses for an MDF Marketing Activity:
3.6.1 Venue;
3.6.2 Food and beverage linked to the event;
3.6.3 Paid speakers or thought leaders;
3.6.4 Swag;
3.6.5 Paid ads; and
3.6.6 Printed or digital marketing collateral.
3.7 The following is a non-exhaustive, exemplary list of ineligible events or expenses for an MDF Marketing Activity:
3.7.1 Activities inconsistent with these MDF Terms (including activities involving Restricted Industries);
3.7.2 General PPC or digital advertising for your company;
3.7.3 Trade shows;
3.7.4 Conference attendance;
3.7.5 Team dinners;
3.7.6 Sporting event sponsorships (subject to Section 3.5.6 above);
3.7.7 Partner, prospect or Customer Travel coverage; and
3.7.8 Gambling / raffles.
3.8 Please note that MDF Marketing Activities scheduled to be held in the same week and location as INBOUND will NOT be eligible for MDF.
4. Successful MDF Proposals
4.1 HubSpot reserves the right to refuse MDF Proposals at its sole discretion.
4.2 HubSpot reserves the right to request additional information or documents prior to or after approval of an MDF Proposal.
4.3 If your MDF Proposal is successful, HubSpot will notify you through HubSpot’s Partner Resource Portal, or via email. MDF Proposals which have not been approved by HubSpot in writing will not be eligible for reimbursement.
4.4 Partner must complete the approved MDF Marketing Activity as set out in the MDF Proposal.
4.5 Partner must organize, coordinate, and execute the MDF Marketing Activity end-to-end, including promotion of the MDF Marketing Activity. HubSpot is not obligated to promote the MDF Marketing Activity to its Customers or prospects.
4.6 Partners must also invite and permit the attendance of HubSpot representatives to all MDF Marketing Activities. HubSpot representatives may decline the invitation at HubSpot’s sole discretion.
5. Pipeline Generation
5.1 Partner agrees to share with HubSpot an attendance list of the prospects via the spreadsheet shared by their PDM (or such other method as reasonably requested by HubSpot) at least seven (7) calendar days in advance of the MDF Marketing Activity (the “Lead List”).
5.2 The Lead List must include the following information: Contact Name, Title, Company Name, Email Address, and Phone No.
5.3 Partner shall collect and disclose the Lead List to HubSpot in accordance with all applicable laws. For clarity, Partner shall be the party responsible for providing notice to individuals and, where required by applicable law, maintaining all necessary consents and opt-out options, to disclose the Lead List to HubSpot in connection with the MDF Marketing Activity. Should an individual withdraw such consent or opt out, Partner is responsible for promptly communicating such withdrawal to HubSpot in writing.
5.4 When collecting data from the attendees ahead of the MDF Marketing Activity and before sharing the Lead List with HubSpot, Partner must provide legally adequate privacy notice and protection, including displaying the following disclaimer to the attendee at the point of collection:
[Partner] uses the information you provide to contact you about their relevant content, products, and services. [Partner] may also share this information with HubSpot, who will use your information for similar purposes.
You can unsubscribe from promotional communications from HubSpot at any time. For more information, check out HubSpot’s privacy policy. To unsubscribe from [Partner]’s communications, see [Partner]’s privacy policy.
6. Reimbursement Request
6.1 Within 10 business days of the date of the MDF Marketing Activity (the “MDF Documentation Deadline”), Partner must submit the Reimbursement Request including the following via HubSpot’s Partner Resource Portal to receive the MDF Payment:
6.1.1 an invoice for the MDF Payment in connection with the completed MDF Marketing Activity. The invoice must be in PDF and include the invoice date, event date, event location, and total invoice amount;
6.1.2 proof of spend via receipts or invoices from suppliers;
6.1.3 proof of execution of the MDF Marketing Activity via documentation including (but not limited to) screenshots, digital copies of assets created, and event photographs; and
6.1.4 any other documentation, relevant data or reporting requested by HubSpot.
6.2 Please note: if your MDF Marketing Activity takes place later than the date you stipulated on your approved MDF Proposal, you must still submit a full Reimbursement Request with supporting documentation within 10 business days of the original date of the MDF Marketing Activity (i.e. the date you stipulated on your approved MDF Proposal - unless HubSpot provides written permission permitting a later submission date).
6.3 Upon receipt of the information set out in Section 6.1, HubSpot will review and approve the Reimbursement Request in HubSpot’s sole discretion. HubSpot may deny the Reimbursement Request that it determines, at its sole and absolute discretion, does not conform to these MDF Terms.
6.4 HubSpot has no obligation to reimburse via an MDF Payment any receipt or invoice received after the MDF Documentation Deadline, or for a failure to spend the funds matching or exceeding the approved MDF Proposal Projected Cost.
6.5 HubSpot will not prepay for any MDF Proposals or MDF Marketing Activity. Partners are expected to make full and direct payment to any and all third parties engaged by the Partner prior to seeking a Reimbursement Request.
6.6 Any Reimbursement Request for a MDF Marketing Activity which was not included in the MDF Proposal may not be eligible for reimbursement.
6.7 Any portion of an MDF Payment approved in connection with an MDF Proposal must be spent, or the payment may be forfeited.
6.8 Following approval of the request, HubSpot will pay out the MDF Payment to the Partner to the bank account you have on file with HubSpot (bank information provided by you for all Revenue Share payments). Whilst HubSpot will typically make any approved MDF Payment during the quarter following such approval, the time of the MDF Payment by HubSpot is not of the essence. HubSpot will process the MDF Payment in one payment. HubSpot will determine at its sole discretion the currency in which it pays the MDF Payment, as well as the applicable conversion rate. The currency in which HubSpot pays the MDF Payment may be different from the currency as set out in the MDF Proposal. The Partner acknowledges and agrees that international payments may be subject to delays due to various factors beyond the control of HubSpot. HubSpot shall not be held liable for any delays in the transfer of funds resulting from such factors. The Partner is advised to plan accordingly and allow for potential delays when scheduling the use of any MDF Payment.
6.9 HubSpot reserves the right to request additional documentation in support of the Reimbursement Request.
6.10 Within 7 (seven) calendar days of the MDF Marketing Activity, the Partner must share all resulting leads considered a Legitimate Prospect (as defined in the HSPPA) with HubSpot via a Shared Deal (the “MDF Shared Deals”). That Shared Deal will then go through the normal process of review and HubSpot will determine whether to accept or reject as per the HSPPA.
6.11 Partners agree to use all reasonable endeavors to achieve 4 x MDF Funding in Annual Recurring Revenue (ARR) connected to the MDF Shared Deals that close and become a Qualified Transaction within ninety (90) calendar days of the MDF Marketing Activity (the “MDF Conversion Target”).
7. Other Terms
7.1 We may terminate the agreement between the parties under these MDF Terms and/or MDF Proposal at any time, save that any non-refundable costs incurred by a Partner in connection with any approved MDF Proposal at the time of the termination will remain reimbursable by HubSpot in line with these MDF Terms.
7.2 Partner acknowledges and agrees to comply with these MDF Terms and the HubSpot MDF Policy at all times in connection with the delivery of the MDF Proposal and MDF Marketing Activity.
7.3 Unless terminated earlier, the agreement under these MDF Terms will automatically terminate within 60 days of MDF Documentation Deadline or payment of the MDF Payment by HubSpot with respect to an approved MDF Approval, whichever later.
7.4 Unless terminated earlier, the agreement under these MDF Terms will automatically terminate if a Partner is removed from the HubSpot’s Partner Resource Portal (such removal at HubSpot’s sole discretion).
7.5 HubSpot reserves the right to rescind its obligations under these MDF Terms in any of the following instances:
7.5.1 Partner does not complete the MDF Marketing Activity within the timeframe set out in the MDF Proposal;
7.5.2 Partner fails to incur and/ or submit adequate MDF Documentation in relation to the relevant Projected Cost in connection with the MDF Proposal;
7.5.3 Partner fails to provide requested information or documents;
7.5.4 Partner does not adhere to HubSpot’s branding guidelines, as set out in the HSPPA. Please note that HubSpot’s branding requirements can be found in Trademark Usage Guidelines and Promotion Guidelines;
7.5.5 Partner executes only a portion of the MDF Proposal, without the prior agreement and written approval from HubSpot;
7.5.6 Partner promotes competitors or competitor products within the same MDF Marketing Activity;
7.6.7 Partner is in breach of the HSPPA, the APPA (if applicable) or these MDF Terms, has been terminated from the HubSpot Solutions Partners Program, or fails to follow MDF Proposal; or
7.5.8 Partner violates an applicable law in the delivery of the MDF Marketing Activity.
7.6 Those provisions of these MDF Terms which by their nature should survive termination, cancellation, or expiration of these MDF Terms, shall survive.
7.7 HubSpot may update, change or remove any portion of the MDF Program or these MDF Terms without prior notice. HubSpot may also cancel the entire MDF Program without prior notice. HubSpot will use reasonable efforts where possible to provide Partner with notice of such material change, and notice of any cancellation of the MDF Program. Partner’s continued participation in any MDF Marketing Activity following an update or change confirms Partner’s acceptance of such update or change.
7.8 HubSpot reserves the right to audit all MDF Proposals, MDF Marketing Activities, and Reimbursement Requests prior or within 1 year after approval by HubSpot. In such event, Partner agrees to provide access to the documentation, receipts and financial records and acceptable proof of performance on any requested activity.
7.9 Partner may not change an approved MDF Proposal, including any material change to MDF Marketing Activity such as a change to the date, location or target prospect without HubSpot’s prior approval in writing.
7.10 Partner must submit another MDF Proposal for future activities if an approved MDF Proposal is canceled, unless prior written approval is received from HubSpot.
8. Compliance with Laws
8.1 Partner is responsible for upfront payment of all sales, use, and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any governmental entity on any amounts of the MDF Marketing Activity cost. HubSpot will reimburse the Partner for the total amount, including applicable taxes as long as the total amount is within the Proposed Cost.
8.2 In no event shall HubSpot be responsible for any taxes imposed on, or regarding, Partner’s income, revenues, gross receipts, personnel, or real or personal property or other assets.
8.3 Partner must conduct its business and marketing operations in an ethical manner and in accordance with all applicable United States and international laws, Sanctions (as defined in 8.6.1), ordinances, codes, and regulations. In addition, Partner may not accept from, or offer or provide gifts or hospitality to others on HubSpot’s behalf or relating to services provided to HubSpot to improperly influence an act or decision, to obtain or retain business, or to secure an improper advantage.
8.4 The terms and conditions of HubSpot’s Solutions Partners Program, Program Policies, Sales Rules and Program Code of Conduct apply to these MDF Terms.
8.5 Partner may not directly or indirectly make, authorize, offer, or promise to make or give any money, bribe, gift, or anything of value to any person for the purposes of influencing that person or a family member of that person under circumstances where the payment or gift would constitute an illegal payment or constitute a corrupt effort to obtain or retain business or achieve any business advantage under the laws of the U.S. or any country including anti-bribery and anti-corruption laws.
8.5.1 Partner cannot use MDF Payment to spend more than $100 USD (or the local equivalent) on gifts for any one non-Government Official prospect or Customer in a year.
8.5.2 Gifts and entertainment provided under the MDF must be reasonable, customary, infrequent, appropriate, unsolicited, and provided for a legitimate business purpose (such as to promote, demonstrate, or explain HubSpot’s and/or the Partners products and services).
8.5.3 Do not use MDF Payment to give gifts or provide entertainment to Government Officials. A “Government Official” is any officer or team member of a government entity or any department, agency, or instrumentality thereof, or of a public international organization, or any person acting in an official capacity for or on behalf of any such government or department, or all levels of federal, state, provincial, county, municipal and similar officials of any government outside the United States. This also includes employees of entities working for consultancy firms or companies who do work on behalf of governmental bodies. Additionally, all levels of officials of any commercial enterprise owned, controlled, or operated by a government other than the United States, such as national customs or tax authorities, are Government Officials. Even persons who are not deemed to be officials under local laws may still be considered government officials under the Foreign Corrupt Practices Act or other applicable anti-corruption laws.
8.5.4 Partner must not promise or imply the promise of any gift, either verbally or in writing, to a prospect or current HubSpot customer in return for them renewing, upgrading, purchasing anything.
8.5.5 You cannot give a prospect or current HubSpot Customer cash or generic gift vouchers that would be considered a cash equivalent such as Visa gift cards.
8.5.6 Partner cannot use MDF Payment to make charitable or political donations on a prospect’s or customer’s behalf.
8.5.7 Partner must ensure its employees and vendors are aware of and comply with these MDF Terms and have reasonable anti-bribery and anti-corruption policies and procedures in place.
9. Representations And Warranties
9.1 Partner represents and warrants that:
9.1.1 It has the right, power and authority to enter into these MDF Terms and perform according to its terms;
9.1.2 The performance of its obligations under these MDF Terms will not breach any agreements with a third party and will strictly comply with these MDF Terms;
9.1.3 It will not misrepresent Partner’s relationship with HubSpot;
9.1.4 It will not make improper guarantees to HubSpot’s (i) Customers, and (ii) potential Customers (i.e. prospects) about HubSpot or HubSpot’s services;
9.1.5 The performance of its obligations under these MDF Terms will be compliant with all applicable standards, laws, regulations and rules;
9.1.6 The MDF Marketing Activities will not infringe or misappropriate any copyright, patent, trade secret, trademark or other proprietary right held by another party; and
9.1.7 The MDF Marketing Activities will be performed in a professional, lawful and ethical manner and will not include any libelous, deceptive, materially false, or misleading statements or practices.
10. LIMITATION OF LIABILITY
10.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR THAT RELATE IN ANY WAY TO THESE TERMS OR ITS PERFORMANCE. THIS EXCLUSION WILL APPLY REGARDLESS OF THE LEGAL THEORY UPON WHICH ANY CLAIM FOR SUCH DAMAGES IS BASED, WHETHER THE PARTIES HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER SUCH DAMAGES WERE REASONABLY FORESEEABLE, OR WHETHER APPLICATION OF THE EXCLUSION CAUSES ANY REMEDY TO FAIL OF ITS ESSENTIAL PURPOSE. THIS EXCLUSION WILL NOT APPLY TO EITHER PARTY’S LIABILITY FOR ITS INDEMNIFICATION OBLIGATIONS, VIOLATION OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS, FRAUD, OR GROSS NEGLIGENCE.
11. Partner’s Indemnification Obligations
11.1 Partner will defend and indemnify HubSpot and its affiliates, directors, officers, employees and users against all liabilities, damages, losses, costs, fees (including legal fees), and expenses relating to any allegation or third-party legal proceeding to the extent arising out of or related to:
11.1.1 its participation in the MDF Program;
11.1.2 breach of these MDF Terms;
11.1.3 negligent or willful acts or omissions that result in any bodily injury or death to any person or loss, disappearance, or damage to tangible or intangible property; or
11.1.4 violation of any third party right of privacy.
12. Miscellaneous
12.1 Partner will maintain sufficient insurance coverage to meet obligations created by these MDF Terms and by law.
12.2 Partner may not assign or transfer any part of the agreement under these MDF Terms without the prior written consent of HubSpot. HubSpot may subcontract, assign, or transfer any part of this agreement under these MDF Terms at its sole discretion.
12.3 These MDF Terms set out all terms agreed between the parties and supersedes all other agreements between the parties relating to the MDF Program. In entering into these MDF Terms, neither party has relied on, and neither party will have any right or remedy based on, any statement, representation or warranty (whether made negligently or innocently), except those expressly set out in these MDF Terms.
12.4 Neither party will be liable for failure or delay in performance to the extent caused by circumstances beyond its reasonable control.
12.5 Neither party will be treated as having waived any rights by not exercising (or delaying the exercise of) any rights under these MDF Terms.
12.6 The parties are independent contractors and these MDF Terms does not create any agency, partnership, or joint venture.
12.7 These MDF Terms do not confer any benefit on any third party unless it expressly state that it does.
12.8 If any term (or part of a term) of these MDF Terms is invalid, illegal or unenforceable, the rest of the MDF Terms will remain in effect.
Schedule 1 - Partner Growth Accelerator (PGA) MDF Terms
I. The Partner Growth Accelerator Marketing Development Fund (PGA MDF) provides the Solution Partner and App Partner team participating in the Partner Growth Accelerator (the PGA) with the opportunity to secure matched funding to support a joint marketing campaign devised during the PGA program via the HubSpot MDF Program.
II. Please note that these PGA MDF Terms outline the additional terms, conditions and deliverables applicable to your participation in HubSpot’s MDF Program in your capacity as a PGA participant and supplements the MDF Terms. The PGA MDF is optional and is available to select PGA participants (as an Optional Program to Solutions Partners and an Optional Participant Program to App Partners) by invitation from HubSpot only.
III. Terms not otherwise defined herein will have the meanings set forth in the HSPPA in your capacity as a HubSpot Solutions Partners and the HubSpot App Partner Program Agreement (APPA) for App Partners, as applicable.
IV. Both Solution Partners and App Partners (together, the Partners) must adhere to the MDF Terms, and these PGA MDF Terms, in order to participate in the PGA MDF.
V. Each Partner must be a PGA participant matched into a collaboration pair of one Solutions Partner and one App Partner (a “PGA Team”).
VI. For a PGA Team, Section 2.1.3 and 2.1.4 of the MDF Terms do not apply and are replaced with the following:
A. submit the MDF Proposal via HubSpot’s Partner Resource Portal (or the submission form if it remains active) at the
PGA Team's stipulated campaign submission due date (as per relevant your PGA cohort) with a minimum Projected Cost of USD$15,000 USD;
B. The PGA Team agrees to match the MDF Payment (i.e. one third of the Proposed Cost) for the MDF Marketing Activity. By way of example:
Each Partner in a PGA Team will be matching the HubSpot MDF Payment at 100% each i.e., one third of the Projected Cost to be contributed by Solutions Partner, one third by App Partner and one third by HubSpot, with a minimum contribution of USD$10,000 by each PGA Team (USD$5,000 for each Partner) and a minimum contribution of USD$5,000 by HubSpot toward the Projected Cost (unless HubSpot notifies a PGA Team otherwise in writing).
VII. For a PGA Team, Section 6.10 and 6.11 of the MDF Terms regarding the MDF Shared Deals and MDF Conversion Target do not apply to the relevant App Partner.
VIII. Within each PGA Team only the Solutions Partner is permitted to submit the Partner MDF Proposal in line with Section 3 of the MDF Terms (who must correctly tag their PGA Team App Partner - HubSpot will have no obligation to make any MDF Payment in the event of an incorrect or missing tag).
IX. Each Partner within the PGA Team represents and warrants that they are responsible for the contents of a PGA Team MDF Proposal.
X. Each Partner will be notified in line with Section 4 of the MDF Terms.
XI. Each Partner must separately submit a Reimbursement Request via the Partner Resource Portal in line with Section 6 of the MDF Terms. In the event that one PGA Team member fails to adhere to the requirements of Section 6 (Section 6.4 in particular), HubSpot has no obligation to make any MDF Payment to either PGA Team member.
Schedule 2 - HUBSPOT MDF POLICY
I. Partner may not use MDF Payment for any purpose that violates applicable law, including but not limited to anti-bribery and anti-corruption laws.
II. Partner cannot use MDF Payment to spend more than $100 USD (or the local equivalent) on gifts for any one prospect or customer in a year. This limit helps reduce (but not eliminate) risk under anti-bribery laws.
III. Gifts and entertainment provided under the MDF must be reasonable, customary, infrequent, appropriate, unsolicited, and provided for a legitimate business purpose (such as to promote, demonstrate, or explain HubSpot’s and/or the Partners products and services).
IV. Do not use MDF Payment to give gifts or provide entertainment to government officials. This also includes employees of entities working for consultancy firms or companies who do work on behalf of governmental bodies.
V. Partner must not promise or imply the promise of any gift — either verbally or in writing — to a prospect or current HubSpot Customer in return for them renewing, upgrading, purchasing anything, etc.
VI. You cannot give a prospect or current HubSpot Customer cash or generic gift vouchers that would be considered a cash equivalent. This means Visa gift cards or similar are off limits; food, beverage, retail, or experience — gift cards are okay.
VII. Partner cannot use MDF Payment to make charitable donations on a prospect’s or customer’s behalf.
VIII. Partner must ensure its employees are aware of and comply with this HubSpot MDF Policy and have reasonable anti-bribery and anti-corruption policies and procedures in place.
IX. Anti-Bribery Laws: At HubSpot, we hold our mission close to our HEART — Humble, Empathetic, Adaptable, Remarkable, and Transparent. We emphasize HEART as it is very important to us. This includes compliance with laws, both U.S. and non-U.S., that prohibit bribery in virtually every kind of commercial setting. Bribery is strictly prohibited under any circumstances. It is crucial to avoid situations where a gift, entertainment, or any other business courtesy could be perceived as a bribe. Courtesies should occur infrequently and at a small monetary value. This is why it's important that any gifts and or entertainment provided using the MDF Payment meet the above guidelines. Contact your PDM if you have any questions.
X. Anti-Bribery and Government Officials: Giving gifts or providing entertainment that could be perceived as bribes becomes especially problematic when dealing with government officials or employees acting as agents for government bodies. Several laws, including the Foreign Corrupt Practices Act, the U.K. Bribery Act and the Prevention of Corruption Act in Singapore make gifts and entertainment of any value to government officials problematic. Keep in mind that some prospects or current HubSpot Customers may be working as consultants on behalf of government agencies and should also not receive gifts.