This addendum forms part of the Tarkle Terms of Service and applies to all accounts on the Send reseller plan. In the event of a conflict between this addendum and the main Terms of Service, this addendum governs with respect to reseller activities.
1. Definitions
"Reseller" means any account holder who has subscribed to the Send reseller plan and operates a white-label file sharing platform for their own clients.
"Reseller Platform" means the branded file sharing service operated by the Reseller under their own name, domain, and pricing, built on Tarkle's infrastructure.
"Sub-Client" or "End User" means any individual or business that accesses or uses the Reseller Platform.
"Storage Pool" means the total allocated storage capacity assigned to the Reseller's account, from which individual Sub-Client workspaces draw.
2. Reseller relationship
The Reseller operates as an independent business. Tarkle provides infrastructure, storage, and the underlying platform. The Reseller is solely responsible for their Reseller Platform, including branding, pricing, client acquisition, support, and compliance with applicable laws.
The Reseller is not an agent, partner, employee, or representative of Tarkle. Tarkle has no direct contractual relationship with Sub-Clients. The Reseller is solely responsible for the terms, conditions, and service agreements they establish with their Sub-Clients.
3. Reseller obligations
By operating a Reseller Platform, you agree to:
- Maintain your own terms of service and privacy policy for your Sub-Clients.
- Disclose to Sub-Clients in your own terms that the platform may be suspended or terminated if your Tarkle subscription lapses or is terminated, which may result in loss of access to their files.
- Handle all first-line support for your Sub-Clients. Tarkle provides technical infrastructure support to you, not to your Sub-Clients directly.
- Comply with all applicable data protection, privacy, and consumer protection laws when collecting and handling Sub-Client data.
- Not misrepresent the nature, security, or capabilities of the platform to your Sub-Clients in ways that exceed what Tarkle actually provides.
- Not use the Reseller Platform to distribute illegal content, spam, or content that violates Tarkle's Acceptable Use Policy.
4. Sub-Client access and workspaces
Sub-Clients access the Reseller Platform through the Reseller's configured domain. Each Sub-Client workspace is provisioned under the Reseller's root domain by default and may be assigned a custom domain.
Sub-Client workspaces are subject to a minimum storage allocation of 250 GB. The Reseller controls how storage is distributed across Sub-Client workspaces, subject to the limits of their Storage Pool. A maximum of four Sub-Client workspaces may be created per 1 TB of allocated storage.
Sub-Clients have no contractual relationship with Tarkle and cannot contact Tarkle for support, billing, or account matters. Tarkle does not process payments between the Reseller and their Sub-Clients.
5. Reseller billing and payment
The Reseller is billed by Tarkle on a monthly or annual basis for the reseller plan fee, which includes a base Storage Pool. Additional storage above the included pool is billed at the per-TB rate published on the pricing page.
All fees are due in advance. If a payment fails, Tarkle will attempt to collect payment for up to seven days. If payment is not collected within this period, Tarkle reserves the right to suspend the Reseller's account. Tarkle will notify the Reseller via the registered email address before taking action.
6. Data and Sub-Client files
Files and data uploaded by Sub-Clients are stored on Tarkle's infrastructure under the Reseller's Storage Pool. The Reseller is the data controller for Sub-Client data and is responsible for data management obligations owed to Sub-Clients, including data retention, deletion upon request, and compliance with applicable privacy laws.
Tarkle does not access, review, or use Sub-Client files except as necessary to provide the infrastructure services. Upon termination of a Reseller account, Tarkle will retain Sub-Client data for the wind-down period described in Section 11 and will then permanently delete all associated data.
7. White-label branding and administrative access
7.1 Sub-Client facing surfaces
All workspaces created by the Reseller for their Sub-Clients are fully white-labelled. Tarkle's name, logo, and branding do not appear on any surface visible to Sub-Clients, including the workspace interface, file transfer pages, email notifications, and branded URLs.
The Reseller may operate their Reseller Platform under any brand name, provided that brand does not infringe on the intellectual property rights of third parties or Tarkle. The Reseller must not actively misrepresent the platform as entirely proprietary technology built solely by the Reseller.
7.2 Reseller administrative access
The Reseller manages their platform through the Tarkle Reseller Dashboard. This administrative interface displays Tarkle's branding, which cannot be removed. It is used exclusively for administrative and billing purposes between the Reseller and Tarkle and is not visible to Sub-Clients.
8. Pooled storage and allocation
The reseller plan includes a base Storage Pool billed at a flat rate per TB per month as published on the Tarkle pricing page. Storage is not billed per Sub-Client. The Reseller pays for total allocated storage regardless of how that storage is distributed or actively used.
Each Sub-Client workspace must be assigned a minimum allocation of 250 GB. The maximum number of Sub-Client workspaces is four per 1 TB of allocated storage. Storage overages trigger an automatic alert at 80% utilisation. Tarkle reserves the right to adjust the per-TB rate with a minimum of 30 days written notice.
9. Pricing and Sub-Client plans
The Reseller sets their own pricing for Sub-Clients. Tarkle imposes no minimum or maximum pricing requirements. The Reseller is solely responsible for the commercial terms they offer Sub-Clients, including refunds, cancellations, and promotional pricing. Tarkle charges the Reseller for the platform and storage only, with no revenue share, transaction fees, or commission on Sub-Client payments.
10. Force majeure and emergency Sub-Client migration
In the event of circumstances beyond Tarkle's reasonable control, including infrastructure failures, regulatory orders, or prolonged non-payment by a Reseller, Tarkle reserves the right to take protective action with respect to Sub-Client data. Where operationally and legally feasible, Tarkle may preserve Sub-Client data beyond the normal wind-down period, or in exceptional circumstances, facilitate migration of Sub-Client workspaces to direct Tarkle accounts. Forced migration is a last resort. Tarkle makes no guarantees regarding the success of any migration and is not liable for data loss arising from force majeure circumstances or emergency migration actions taken in good faith.
11. Suspension and termination
11.1 Suspension of Reseller account
Tarkle may suspend the Reseller's account in the following circumstances: non-payment of fees following the grace period; violation of these Terms or the main Terms of Service; activities that pose a risk to Tarkle's infrastructure or other customers; or legal or regulatory requirements.
11.2 Effect of suspension on Sub-Clients
If the Reseller's account is suspended, all Sub-Client workspaces will also be suspended and Sub-Clients will lose access to their files. Tarkle is not liable to Sub-Clients for any loss resulting from the suspension of a Reseller's account.
11.3 Termination by Reseller
The Reseller may cancel their subscription at any time. Cancellation takes effect at the end of the current billing cycle. Tarkle will provide a wind-down period of up to 30 days following the end of the paid period during which the Reseller may export data and notify Sub-Clients. After the wind-down period, all data associated with the Reseller account and Sub-Client workspaces may be permanently deleted.
11.4 Termination by Tarkle
Tarkle may permanently terminate a Reseller account if the Reseller repeatedly violates these Terms, engages in fraudulent activity, or operates in a manner that poses ongoing legal or operational risk to Tarkle.
12. Service availability and support
Tarkle targets 99.9% monthly uptime for the Reseller Platform, excluding scheduled maintenance. If significant downtime occurs that we determine was within our control, the Reseller may reach out through our contact page to discuss a service credit. Credits are granted at our discretion and cannot be exchanged for cash.
All Sub-Client support is routed to the Reseller. Technical platform-level issues are routed to Tarkle. Sub-Clients never see Tarkle's name or know Tarkle exists.
13. Limitation of liability
Tarkle's liability to the Reseller is governed by the Limitation of Liability clause in the main Terms of Service. Tarkle has no liability to Sub-Clients. The Reseller agrees to indemnify and hold harmless Tarkle from any claims brought by Sub-Clients arising from the Reseller's operation of their platform.
14. Changes to this addendum
Tarkle may update these Reseller Terms from time to time. Material changes will be communicated to Resellers by email with at least 30 days notice. Continued operation of a Reseller Platform after changes take effect constitutes acceptance of the revised terms.
Contact
If you have questions about these Reseller Terms or your reseller account, please reach out through our contact page. You can also write to us at:
Tarkle.com
1309 Coffeen Avenue, Suite 15023
Sheridan, WY 82801
United States