Master Services & Partner Agreement
This Master Services & Partner Agreement is effective as of February 24, 2026.
This Master Services & Partner Agreement (“Agreement”) is entered into by and between TMN SA, a
Swiss company with its registered office at Rue du Grand Chêne 5, 1003 Lausanne, Switzerland
(“Trafficmind”), and the entity or individual accepting this Agreement or executing an Order Form that
references it (“Customer” or “Partner”, collectively “you”). This Agreement governs access to Trafficmind’s
Services, and if you participate in Trafficmind’s Partner Program, also governs your rights and obligations
as a partner.
By accessing or using the Services, participating in the Partner Program, or executing an Order Form,
you agree to be bound by this Agreement.
If acting on behalf of an entity, the individual signing represents they have authority to bind that entity
1. Definitions
“Services” means Trafficmind’s cloud security, Anycast network, DDoS mitigation, web application firewall, bot management, CDN, DNS services, load balancing, analytics, and related infrastructure services delivered through Trafficmind’s edge network.
“Order Form” means a document, quote, subscription confirmation, portal signup, or online checkout specifying purchased Services, fees, and Subscription Term.
“Subscription Term” means the period of active Services as specified in the Order Form.
“Customer Content” means all traffic, data, configurations, logs, and materials transmitted through or processed by the Services.
“Network Data” means aggregated, anonymized telemetry or operational data derived from Trafficmind’s infrastructure.
“Partner” means an entity or individual enrolled in Trafficmind’s Partner Program as described in Section 19.
2. Provision of Services
Subject to this Agreement and payment of applicable fees, Trafficmind shall provide the Services specified in an Order Form. Trafficmind grants Customer a limited, non-exclusive, non-transferable right to access and use the Services during the Subscription Term for its internal business purposes.
Trafficmind operates a global Anycast edge network designed to secure, accelerate, and deliver internet traffic with high availability and predictable performance consistent with enterprise expectations. Services may evolve over time, provided that such enhancements do not materially reduce contracted functionality.
Trafficmind may suspend or alter Services for maintenance, upgrades, or security reasons with reasonable advance notice.
3. Customer Responsibilities
Customer is responsible for the confidentiality of account credentials, for configuring and maintaining its systems to use the Services, and for ensuring that Customer Content lawfully enters the Trafficmind network. Customer shall comply with all applicable laws and this Agreement. Customer acknowledges that Trafficmind is not liable for Customer-side misconfiguration, loss of access credentials, or malfunction of Customer’s origin systems.
4. Acceptable Use
Customer shall not use the Services for illegal purposes, infringing activities, abuse of network resources, unauthorized scanning or attacks, spam, malware distribution, or other harmful behaviors. Trafficmind may investigate suspected violations and suspend or terminate Services to protect its infrastructure and customers.
5. Data Protection and Processing
Trafficmind acts as a data processor with respect to Customer Content, processing traffic solely to deliver the Services and secure Customer infrastructure. Customer is the data controller and is responsible for compliance with applicable data protection laws. Trafficmind shall implement appropriate technical and organizational measures aligned with industry standards to protect Customer Content. Where required by law, the parties shall enter into a Data Processing Addendum.
Trafficmind retains ownership of Network Data and may use aggregated and anonymized insights to improve Services, threat intelligence, and infrastructure.
6. Confidentiality
Each party shall protect the other’s confidential information with reasonable care and only use such information to perform its obligations under this Agreement.
7. Fees and Payment
Fees are set forth in Order Forms. Unless otherwise stated, fees are invoiced in advance and are non-refundable. Usage-based charges shall be invoiced after usage is measured. Invoices are due within fourteen days of receipt. Trafficmind may suspend Services for non-payment after written notice.
Fees are exclusive of taxes. Customer is responsible for all applicable taxes, duties, and governmental charges.
8. Service Levels
Applicable Service Level Agreements (“SLAs”), if purchased, define uptime commitments and remedies. Service credits are Customer’s sole remedy for SLA non-performance.
9. Intellectual Property
Trafficmind retains all rights to its technology, software, trademarks, and documentation. Customer retains all rights to Customer Content. Customer grants Trafficmind a worldwide, limited license to host, process, transmit, and analyze Customer Content solely to deliver the Services.
10. Warranties and Disclaimers
Trafficmind warrants that it will provide Services in a professional manner consistent with industry standards. Except as expressly stated, Services are provided “as is” and “as available.” Trafficmind does not warrant uninterrupted, error-free, or completely secure operation.
11. Limitation of Liability
Trafficmind’s aggregate liability shall not exceed the total fees paid by Customer in the twelve months preceding the claim. Trafficmind shall not be liable for indirect, incidental, consequential, special, exemplary, or punitive damages, including lost profits, even if advised of the possibility.
12. Indemnification
Customer shall indemnify Trafficmind against third-party claims arising from Customer Content, Customer’s misuse of Services, or violation of applicable laws. Trafficmind shall defend Customer against third-party claims asserting that the core Services infringe intellectual property rights, provided Customer notifies Trafficmind promptly and cooperates in defense.
13. Term and Termination
This Agreement begins upon acceptance and continues for the Subscription Term and any renewal periods. Unless otherwise stated, subscriptions automatically renew for successive terms equal to the original term. Either party may terminate for material breach if not cured within thirty days of written notice. Upon termination, Customer’s rights to access Services cease and unpaid fees remain due.
14. Compliance with Laws
Each party shall comply with applicable laws, including data protection, export controls, and sanctions. Trafficmind may suspend Services to comply with legal obligations or to respond to binding governmental orders.
15. Force Majeure
Neither party is liable for delays caused by events beyond its reasonable control, including natural disasters, acts of war, governmental actions, or widespread internet outages.
16. Governing Law and Jurisdiction
This Agreement is governed by Swiss law. Exclusive jurisdiction resides with the competent courts of Lausanne, Switzerland unless otherwise agreed in writing.
17. Amendments
Trafficmind may update this Agreement. Updated terms become effective upon posting on Trafficmind’s website. Continued use of Services after publication constitutes acceptance of revised terms.
18. General Provisions
This Agreement constitutes the entire understanding between the parties. If any provision is unenforceable, remaining provisions remain in effect. Neither party may assign this Agreement without the other’s consent except in connection with a merger or sale of substantially all assets.
19. Partner Program
19.1 Enrollment and Eligibility
Trafficmind’s Partner Program (“Program”) allows eligible entities, including resellers, managed service providers (MSPs), referral partners, and technology integrators, to promote, resell, integrate, or recommend Trafficmind Services in accordance with this Section and any applicable Partner Policies or Partner Guides provided separately by Trafficmind.
To participate, Partner must complete Trafficmind’s Partner enrollment process and comply with all registration requirements designated by Trafficmind.
19.2 Partner Roles and Rights
Based on the Partner type accepted into the Program, Trafficmind may authorize Partner to: refer potential Customers to Trafficmind, resell Trafficmind Services to end Customers, provide integration or implementation services, or otherwise engage in collaborative go-to-market activities. Specific rights, including access to training, technical tools, pricing, discount structures, and leads, shall be governed by Partner’s status in the Program and any associated Partner Guide.
19.3 Obligations
Partner shall represent Trafficmind Services accurately and ethically and comply with Trafficmind’s branding, marketing, and usage guidelines provided in Partner resources. Partner shall not make representations about Trafficmind Services that conflict with Trafficmind materials or contractual commitments. Partner shall comply with applicable laws, export controls, data protection requirements, and anti-corruption regulations in the course of Program activities.
19.4 Compensation and Rebates
Trafficmind shall compensate Partner for eligible referrals, resale discounts, or revenue share as defined in Partner’s Partner Guide and related Order Forms. All compensation terms are subject to Trafficmind’s payment policies, reconciliation processes, and Customer payment status. Trafficmind reserves the right to suspend or adjust partner incentives if Customer obligations are not met or if Partner violates Program terms.
19.5 Termination from Program
Trafficmind may suspend or terminate Partner’s participation in the Program for cause, including breach of this Agreement, violation of Partner Program rules, misuse of Trafficmind intellectual property, or harmful conduct. Termination from the Program does not terminate Customer’s Services or obligations under this Agreement unless separately provided.
19.6 Intellectual Property and Branding
Partner acknowledges Trafficmind’s ownership of its trademarks and trade names. Use of Trafficmind logos or branding requires written permission and must comply with Trafficmind’s branding guidelines.
19.7 Reporting and Audit Rights
Trafficmind may request reports from Partner relating to Partner’s performance, lead conversion, compensation earned, and compliance. Trafficmind reserves the right to audit Partner’s records pertaining to Program activities upon reasonable notice.
19.8 Non-Exclusivity
Participation in a Program does not grant Partner any exclusive distribution, territorial, or customer rights unless expressly agreed in writing.
19.9 Program Policies
Trafficmind may publish additional Partner Program policies, Partner Guides, and technical documentation specific to Partner roles, tiers, and benefits. Such policies, when referenced, form part of this Agreement.