| Home » ... » Resources » Referral Program » Referral Program Terms and Conditions |
|
IMPORTANT: THESE TERMS AND CONDITIONS ("TERMS") CONSTITUTE THE TERMS UNDER WHICH CONTACTUAL, INC. (“COMPANY”) IS WILLING TO OFFER YOU PARTICIPATION IN THE COMPANY’S REFERRAL PROGRAM (“PROGRAM”). THE SUBMISSION BY YOU OF A REFERRAL REGISTRATION FORM CONSTITUTES YOUR ACCEPTANCE OF THE OFFER ON THESE TERMS. IF YOU DO NOT AGREE TO ACCEPT THESE TERMS, DO NOT PARTICIPATE IN THE PROGRAM AND DO NOT SUBMIT A REFERRAL REGISTRATION FORM.
1. Referral Registration Form. You may participate in the Program by completing and submitting to the Company a Referral Registration Form containing the requested information with respect to a company that you believe may be interested in purchasing the Company’s services (“Services”). Referral Registration Forms must be completed in their entirety, with true and correct information. Employees of the Company may not participate in the Program. The Company agrees to comply with its Privacy Policy when collecting and handling any and all personal information.
2. Eligibility. You may not participate in the Program if your employer has a policy which prohibits employees/agents from receiving compensation from contractors and vendors. It is solely your responsibility to abide by any such policies, and the Company shall have no responsibility with respect to your breach of any such policy.
3. Qualified Referrals. In order for you to be eligible to receive a referral fee in the form of a Two Hundred Dollar ($200) American Express Traveler’s Check (“Referral Fee”), the potential customer identified in the completed Referral Registration Form must be a Qualified Referral. A Referral Fee is subject to change without notification. A “Qualified Referral” is a business entity (i) which is not already a customer of the Company, (ii) which has not been contacted by the Company’s sales or business development personnel within the past twelve (12) months and (iii) which is not already in the Company’s sales database.
4. Acknowledgment and Sales Process. Upon receipt of a correctly completed Referral Registration Form, the Company will assign you a confirmation number and send you an e-mail to the e-mail address provided on the Referral Registration Form, confirming receipt of the submission. If the Company determines that the potential is not a Qualified Referral, the Company will notify you of such determination. The Company will attempt to contact Qualified Referrals as soon as practicable after receipt of the applicable Referral Registration Form, provided that the information provided is accurate. The Company will not, and shall not have any obligations to, share the state or details of sales progress with you regarding a Qualified Referral.
5. Qualified Sales. You will be eligible to receive a Referral Fee only with respect to a Qualified Sale of Services to a Qualified Referral. A “Qualified Sale” is the initial sale, pursuant to a written agreement executed by both Company and the Qualified Referral within the six (6) months of the date of Company’s receipt of the applicable Referral Registration Form, of at least one (1) contact center seat on the Contactual platform for a term of at least one (1) calendar year. Any Services upgrades, follow-on or additional Services orders are expressly excluded from Qualified Sales.
6. Notice of Qualified Sales. The Company will use its reasonable efforts to notify you via e-mail as soon as practicable of the completion of any Qualified Sale to a Qualified Referral provided by you. In order to receive a Referral Fee, you must reply to the email message or otherwise contact the Company acknowledging the receipt of the notification and confirming the mailing address to which the Referral Fee will be sent (within 10 business days of date of notice). Should the e-mail address you provided no longer be valid, the Company will make a good faith attempt to contact you by another contact method (phone, fax, mail) if the appropriate contact information is available to the Company. No more than two (2) attempts, including the original e-mail notification, will be made to contact you regarding the completion of a Qualified Sale.
7. Payment of Referral Fees. Referral Fees will be mailed to the physical address provided by you within one two (2) weeks of the receipt by Company of your confirmation of receipt of the notice of a Qualified Sale. The Company is not responsible for any delay in the delivery of the Referral Fee resulting from the U.S. Postal Service or any common carrier. The Company is not obligated to notify you in the event that no Qualified Sale is completed with respect to any Qualified Referral provided by you. The Company will hold unclaimed payments for a period of one (1) calendar year from the date of the first attempt to notify you of a completed Qualified Sale. Thereafter, the Company will deem its obligation to you satisfied.
8. Taxation. You are solely responsible for all taxes due on any Referral Fees paid to you under the Program.
9. Limitation of Liability. IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES, SUPPLIERS, LICENSORS, SUBSIDIARIES, OR AGENTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR PARTICIPATION IN THE PROGRAM, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS AUTHORIZED AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE PROGRAM, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE PARTICIPATION IN THE PROGRAM.
10. General. This agreement is governed by the laws of the State of California, without reference to principles regarding conflict of laws. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in San Francisco County, CA in all disputes arising out of or relating to your participation in the Program. You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this agreement or your participation in the Program. You agree to indemnify and hold the Company, its subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your participation in the Program. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, these Terms constitute the entire agreement between you and the Company with respect to your participation in the Program, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Company with respect to the Program. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
1. Referral Registration Form. You may participate in the Program by completing and submitting to the Company a Referral Registration Form containing the requested information with respect to a company that you believe may be interested in purchasing the Company’s services (“Services”). Referral Registration Forms must be completed in their entirety, with true and correct information. Employees of the Company may not participate in the Program. The Company agrees to comply with its Privacy Policy when collecting and handling any and all personal information.
2. Eligibility. You may not participate in the Program if your employer has a policy which prohibits employees/agents from receiving compensation from contractors and vendors. It is solely your responsibility to abide by any such policies, and the Company shall have no responsibility with respect to your breach of any such policy.
3. Qualified Referrals. In order for you to be eligible to receive a referral fee in the form of a Two Hundred Dollar ($200) American Express Traveler’s Check (“Referral Fee”), the potential customer identified in the completed Referral Registration Form must be a Qualified Referral. A Referral Fee is subject to change without notification. A “Qualified Referral” is a business entity (i) which is not already a customer of the Company, (ii) which has not been contacted by the Company’s sales or business development personnel within the past twelve (12) months and (iii) which is not already in the Company’s sales database.
4. Acknowledgment and Sales Process. Upon receipt of a correctly completed Referral Registration Form, the Company will assign you a confirmation number and send you an e-mail to the e-mail address provided on the Referral Registration Form, confirming receipt of the submission. If the Company determines that the potential is not a Qualified Referral, the Company will notify you of such determination. The Company will attempt to contact Qualified Referrals as soon as practicable after receipt of the applicable Referral Registration Form, provided that the information provided is accurate. The Company will not, and shall not have any obligations to, share the state or details of sales progress with you regarding a Qualified Referral.
5. Qualified Sales. You will be eligible to receive a Referral Fee only with respect to a Qualified Sale of Services to a Qualified Referral. A “Qualified Sale” is the initial sale, pursuant to a written agreement executed by both Company and the Qualified Referral within the six (6) months of the date of Company’s receipt of the applicable Referral Registration Form, of at least one (1) contact center seat on the Contactual platform for a term of at least one (1) calendar year. Any Services upgrades, follow-on or additional Services orders are expressly excluded from Qualified Sales.
6. Notice of Qualified Sales. The Company will use its reasonable efforts to notify you via e-mail as soon as practicable of the completion of any Qualified Sale to a Qualified Referral provided by you. In order to receive a Referral Fee, you must reply to the email message or otherwise contact the Company acknowledging the receipt of the notification and confirming the mailing address to which the Referral Fee will be sent (within 10 business days of date of notice). Should the e-mail address you provided no longer be valid, the Company will make a good faith attempt to contact you by another contact method (phone, fax, mail) if the appropriate contact information is available to the Company. No more than two (2) attempts, including the original e-mail notification, will be made to contact you regarding the completion of a Qualified Sale.
7. Payment of Referral Fees. Referral Fees will be mailed to the physical address provided by you within one two (2) weeks of the receipt by Company of your confirmation of receipt of the notice of a Qualified Sale. The Company is not responsible for any delay in the delivery of the Referral Fee resulting from the U.S. Postal Service or any common carrier. The Company is not obligated to notify you in the event that no Qualified Sale is completed with respect to any Qualified Referral provided by you. The Company will hold unclaimed payments for a period of one (1) calendar year from the date of the first attempt to notify you of a completed Qualified Sale. Thereafter, the Company will deem its obligation to you satisfied.
8. Taxation. You are solely responsible for all taxes due on any Referral Fees paid to you under the Program.
9. Limitation of Liability. IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES, SUPPLIERS, LICENSORS, SUBSIDIARIES, OR AGENTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR PARTICIPATION IN THE PROGRAM, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS AUTHORIZED AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE PROGRAM, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE PARTICIPATION IN THE PROGRAM.
10. General. This agreement is governed by the laws of the State of California, without reference to principles regarding conflict of laws. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in San Francisco County, CA in all disputes arising out of or relating to your participation in the Program. You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this agreement or your participation in the Program. You agree to indemnify and hold the Company, its subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your participation in the Program. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, these Terms constitute the entire agreement between you and the Company with respect to your participation in the Program, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Company with respect to the Program. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
