Becoming a Ontrack Partner

To become a Ontrack Partner (“Partner”), simply:

Refer your customers directly to a Ontrack sales representative under the Customer Referral Option or contact Ontrack under the Partner Discount Option for each project.

These terms do not govern all relationships between Partner and its customers but only those that meet the criteria set out below.

Process for referring a project - customer referral option

  • If you are not already a Partner, sign up to obtain your unique partner registration number.
  • Contact a Ontrack sales representative and provide them with the end user contact information and your Partner registration number or your company name. Alternatively, ask your customers to contact Ontrack directly and mention your details.
  • Ontrack will be solely responsible for managing the sales cycle with your customers, and will contract directly with your customer.  You agree to not present proposed contracts or pricing to the introduced customer for the services, or be engaged in the sales cycle, unless requested by Ontrack.
  • Referral fees on product or services provided to customer are payable net 45 calendar days to the Partner from the end of the quarter in which Ontrack receives payment from the customer.
  • Ontrack will contact you requesting an invoice for the referral fee, Partner will then have 6 months in which to provide an invoice. Where Partner fails to provide the invoice within this time, no referral fee will be payable.

Process for reselling a project - Ontrack partner discount option

  • If you are not already a Partner, sign up to obtain your unique Partner registration number.
  • Contact a Ontrack sales representative and provide them with your Partner registration number.
  • Ontrack will contract directly with the Partner.
  • The discount on product or services will be applied at the invoice level.  Timely payment of invoices by Partner is required to retain standing in Ontrack’s Partner Programme.

Exclusions & limitations

Exclusions and limitations to the programme:

  • No commission fee is payable by Ontrack for projects which cannot be identified by Partner’s registration number or company name.
  • A referral fee or discount applies to the first six months of invoices only for a referred project.
  • If a customer contacts Ontrack direct before a referral by Partner, then no commission fee is payable by Ontrack to the Partner for the referred project.
  • Partner’s pass-through costs, including but not limited to, media, freight and related charges are not refundable by Ontrack.
  • Contracts must be agreed by customer within 180 days of the referral. As a general rule no commission fee is payable by Ontrack for projects that have been agreed after 180 days of the referral.  Partner may request an extension to the 180 day period for the referral and subsequent payment of commission, however, any extension to the time period and payment of commission will be at Ontrack’s sole discretion.
  • Sums for which Ontrack must seek collection remedies will be discounted and/or paid pro rata based upon the payments secured.
  • No referral fees are payable on reopened jobs with extended work.
  • Unless a referral has occurred for customer’s future project, no referral fees are payable by Ontrack for all future direct contracts between the referred customer and Ontrack.
  • Project refusal is at Ontrack’s sole discretion, grounds for refusal include but are not limited to projects from:
    • Existing Ontrack customers;
    • Entities currently in negotiations with Ontrack to become customers; and
    • Customers who are involved in a matter that creates a potential conflict for Ontrack and/or its other customers.
  • Blancco erasure licences and subscriptions are excluded from the programme.
  • Data migration projects are excluded from the programme.
  • Document review projects are excluded from the programme.

Other conditions

  • Law firms do not qualify as partners for the programme.
  • Ontrack shall have sole discretion in granting partner registration.
  • Ontrack can revoke partner status immediately at any time and retains the right to discontinue the programme.
  • Ontrack retains the right to determine any terms on which it may provide its services to customers.
  • Rules governing this partner programme are subject to change without notice. Any changes will be posted on the Ontrack website.

These Terms and Conditions for Authorised Partners (“Terms”) offered by KLDiscovery Ontrack Limited (registered number 02669766) Nexus, 25 Farringdon Street, London, EC4A 4AB (“Ontrack”) govern referrals and purchases by the Partner. A Partner is any individual or organisation referring Customers, or submitting orders on behalf of Customers, to Ontrack.

1. Definitions

“Brand” means the registered and unregistered trade marks for “Ontrack” or other brand and product name(s) made available to Partner in connection with the Data Recovery Services;

“Confidential Information” shall have the meaning given to it in Clause 6 below; “Customer” means a customer of the Partner who requires Data Recovery Services;

“Customer Agreement” has the meaning set out in clause 2.1;

“Customer Data” means all data and information, including personal data, provided to Ontrack that Partner has received from a Customer;

“Data Recovery Services” means the provision of data recovery services on devices, media, data carriers, laptops, electronic equipment and other analogous services such as degaussing and erasure verification;

“Intellectual Property Rights” means copyright, patents, trademarks, design rights, trade secrets, rights in Confidential Information, domain names and all similar rights whether registered or not, including applications, renewals or future rights;

“Referral Fees” has the meaning set out in clause 5.1;

2. Referrals

2.1 To qualify for the payment of a Referral Fee, Partner shall provide a direct introduction of a Customer to Ontrack for Data Recovery Services leading to a confirmed order by the Customer (“Customer Agreement”). A referral is tracked by either an RFQ from the Partner website or sales channel, a written notice from Partner referring to a specific Customer and/or Customer informing Ontrack that Customer was referred by the Partner. The Partner shall keep a record of all Customers it refers to Ontrack and shall provide a copy of this record to Ontrack on request. In the event of any dispute of any referral and whether or not made by the Partner, Ontrack’s decision will be final. In the event that another authorised partner of Ontrack refers the same Customer, Ontrack shall pay any Referral Fee to the first referral of that Customer recorded in Ontrack’s records.

2.2 Where the Partner refers a Customer with whom Ontrack already has an existing relationship (which for the avoidance of doubt does not mean a current Customer Agreement), Ontrack shall notify the Partner of the existence of the relationship within seven (7) days of the referral. Where Ontrack provides such notification pursuant to this clause 2.2, the Partner shall not be entitled to receive any Referral Fees in respect of that Customer.

2.3 The Partner agrees to: (i) conduct business in a manner that reflects favourably at all times on the good name, goodwill, reputation of Ontrack and the services it offers; and (ii) make no false or misleading representation with respect to Ontrack or the Data Recovery Services.

3. Direct Purchase of Data Recovery Services

3.1 In the event that Partner wishes to purchase Data Recovery Services direct from Ontrack rather than a referral, Partner shall be eligible for a direct purchase discount. Orders for Data Recovery Services shall be placed through the standard Ontrack order process, where Ontrack’s Service Terms and Conditions ( shall apply. Partner shall identify itself as an authorised Partner during the order process so that the Partner discount can be applied.

4. Use of Brand

4.1 Ontrack grants to the Partner a non-exclusive, non-transferable, revocable, and limited license during the term of this Agreement to use the Brand solely for the purpose of making referrals to Ontrack. No other rights to use the Brand are permitted.

5. Fees

5.1 In consideration of receiving the Referral Services, Ontrack shall pay to the Partner a specified in a separate notification percentage of the fees received by Ontrack pursuant to each Customer Agreement (“Referral Fees”). Referral Fees shall be calculated on the total fees received in respect of each Customer Agreement excluding any taxes charged on Ontrack’s services by applicable law, hard-drive costs, insurance, shipping costs, credit card processing fees, refunds and expenses for parts, suppliers, disks/media and/or off-the-shelf software used to complete the Data Recovery Services pursuant to a Customer Agreement.

5.2 Ontrack shall make payment to the Partner of any Referral Fees within 30 days of the end of each calendar quarter (calendar year commencing January 1) provided that Ontrack has collected in full all fees relating to the Customer Agreement. Ontrack shall report to Partner within 10 (ten) days of the end of the calendar quarter of the amounts due to Partner for that calendar quarter, whereupon Partner shall submit an invoice to Ontrack for the specified amount. Ontrack shall have no obligation to make any payment of Referral Fees until an invoice from Partner has been received.

5.3 For all direct purchases of Data Recovery Services, Ontrack shall provide the Partner a discount specified in a separate notification percentage off the standard list price Ontrack charges Customers. The discount will be specified on the order documentation during a direct purchase of Data Recovery Services by Partner.

6. Confidentiality

6.1 Both Ontrack and Partner agree keep confidential all information, data or materials relating to each other, including Customer details, products and services, technology, business plans, prices, financial information, marketing plans, and other trade secret or proprietary information (“Confidential Information”). Ontrack and Partner agree to (i) use such Confidential Information only for the purposes of carrying out its obligations pursuant to this Agreement; (ii) to use the same methods and degree of care to prevent disclosure of such Confidential Information as it uses to prevent disclosure of its own proprietary and Confidential Information but in no event less than reasonable care; and (iii) to disclose Confidential Information to its employees and affiliates only on a need-to-know basis.

6.2 Confidentiality obligations shall not apply to any information which (i) enters the public domain through no fault of Receiving Party; (ii) which was known to Receiving Party prior to receipt from Disclosing Party; (iii) which is disclosed to Receiving Party by a third party (other than employees or agents of either party) which in making such information available to Receiving Party is not in violation of any confidentiality obligation to the disclosing party; (iv) which is independently developed by Receiving Party without recourse to Confidential Information; or (v) is required to be disclosed by law, by any court of competent jurisdiction or by any regulatory or administrative body.

7. Data Protection

7.1 In respect of Customer Data provided to Ontrack pursuant to a referral, Partner confirms that it has either: (i) obtained valid consent from its Customers, or (ii) an alternative lawful basis, in order to process and transfer to Ontrack any personal data contained within the Customer Data in accordance with Data Protection Laws. Ontrack shall only use such Customer Data to contact and/or interact with the Customer with a view to providing Data Recovery Services.
All processing by Ontrack shall be undertaken pursuant to the Ontrack’s Privacy Policy (

7.2 Following any referral leading to an order for Data Recovery Services, Ontrack shall contract directly with the Customer and the use of Customer Data shall be subject to the Ontrack’s Service Terms and Conditions and Data Processing Agreement.

8. Proprietary Rights

8.1 The Partner acknowledges and agrees that Ontrack and/or its licensors own all Intellectual Property Rights in (i) any software, hardware, documentation or other materials used to perform the Data Recovery Services; and (ii) the Brand.

9. Limitation of Liability

9.1 Save as permitted by applicable law, in no event will either party (including its officers, employees, affiliates and agents) be liable for consequential, special, or indirect, damages or expenses relating to this Agreement, even if a party has been advised of the possibility of such damages.

9.2 The total aggregate liability of either party in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this Agreement shall be limited to: (i) in respect of Intellectual Property Rights, data protection or confidentiality, a total of £100,000 (one hundred thousand); or (ii) in respect of any other claim, 2 (two) times the total Referral Fees paid by Ontrack in the twelve (12) month period immediately preceding the date on which the claim arose.

10. Term and Termination

10.1 This Agreement may be terminated at any time. For the avoidance of doubt, this shall not affect the rights of the parties in relation to clauses: 5, 6, 7, 8, 9, and 12.

10.2 Ontrack shall continue to: (i) pay to Partner all Referral Fees; and (ii) honour the direct purchase discount, until Partner elects to subscribe or enter a separate agreement with Ontrack. Notwithstanding the above, Ontrack may refuse to fulfil either obligation in the event of: (i) default by Partner of any term of these Terms; and/or (ii) fraud, suspicion of fraud or other malicious conduct by Partner.

11. General

11.1 If any provision of these Terms is in violation of any applicable law, such provision shall to such extent be deemed null and void, and the remainder of the Terms shall remain in full force and effect.

11.2 Nothing in these Terms shall be construed as creating a partnership, joint venture or agency relationship between the Partner and Ontrack or and any of the Customers.

11.3 These Terms constitute the entire agreement between the Partner and Ontrack in relation to this subject matter supersedes any prior oral or written agreements.

11.4 Ontrack may amend these Terms at any time without any notice to Partner.

11.5 Ontrack shall not be liable for failure to fulfil its obligations under these Terms due to causes beyond its reasonable control. The time for performance of any such obligation shall be extended for the time period lost by reason of the delay.

12. Governing Law

12.1 These Terms shall be governed by and interpreted in accordance with laws of England and Wales, and any dispute arising in connection with it is subject to the exclusive jurisdiction of the courts of England.