PARTNER – LEAD REFERRAL PROGRAM TERMS AND CONDITIONS
By participating in the Referral Program (the “REFERRAL”), you (the “LEADSOURCE”) acknowledge that you have read, understood, and agree to be bound by the Cayo Software, LLC (the “VENDOR”) Terms and Conditions defined below.
1. Eligibility. REFERRAL is open only to anyone following these terms and conditions.
2. Persons Who May Be Referred (“LEADCONTACT”). You must only refer to VENDOR LEADCONTACT(s) with whom you have a pre-existing personal or business relationship and who you believe would like to receive the VENDOR’s referral email(s) from VENDOR. Without limiting the generality of the foregoing, you must not obtain LEADCONTACT(s) for referral from i) group email addresses or ii) email mailing lists.
3. No Spamming. We strictly forbid the sending of unsolicited e-mail to numerous recipients (“spamming”) and any LEADSOURCE who spams other Internet users for REFERRAL(s) will be eliminated from the program and will forfeit any benefit derived therein, paid or unpaid.
4. Number of REFERRAL(s). For a limited time, there are no restrictions on the number of REFERRAL(s) you may submit.
5. Referral Fee. For each REFERRAL that satisfies the requirements below, VENDOR will pay Ten Percent (10%) of the net profit from the first sale made to LEADSOURCE , minus any tax required by governing law, (or such other amount that VENDOR determines at its sole discretion from time to time, as published in this Terms and Conditions) a one-time payment to a charity of LEADSOURCE’s choice or directly to LEADSOURCE. A LEADSOURCE will only be deemed to have been referred for the purposes of these Terms and Conditions if:
- They are not an existing VENDOR customer at the time of the REFERRAL.
- They satisfy the requirements in effect at the time LEADSOURCE completes the REFERRAL qualification process
- There is no legal or ethical reason for the LEADSOURCE to receive such referral fee.
- LEADSOURCE’s charity of choice is non-controversial and will be deemed non-conroverisal by VENDOR at its sole discretion.
- LEADSOURCE has submitted to VENDOR any and all documents required by governing law for the reporting or collection of any taxes due.
6. Remedies for LEADSOURCE Noncompliance. If VENDOR determines at its sole discretion that LEADSOURCE has not complied with these Terms and Conditions, VENDOR may, in addition to any other rights and remedies it may have against LEADSOURCE, immediately and without notice to you, withdraw all benefits to LEADSOURCE and LEADCONTACT under this REFERRAL (including, without limitation, by cancelling or declining fee payments any and all Referral rewards issued or to be issued to LEADSOURCE and to LEADCONTACT in connection with this REFERRAL).
7. Your Consent to Use Your Data in E-Mails. You grant VENDOR your consent for it to use your name and email address for the purposes of sending email to LEADCONTACT(s) for REFERRAL processing. You agree not to use any false email addresses or names for any REFERRAL(s).
8. LEADSOURCE Representations and Warranties to VENDOR. LEADSOURCE represent and warrant to VENDOR that you have an existing business or personal relationship with each LEADCONTACT and that it is your genuine opinion that each LEADCONTACT would wish to receive the VENDOR Referral Email from you or from VENDOR. By providing VENDOR with email addresses of your LEADSOURCE for transaction purposes, you are affirmatively requesting and authorizing VENDOR to send them an email, as outlined herein, on your behalf.
9. REFERAL Period. VENDOR reserves the right to discontinue the REFERRAL for any reason, at any time and for any duration at its sole discretion, and without notice.
10. Expiration of REFERAL: Any REFERAL not resulting in a VENDOR sale will expire one (1) year after receipt of the REFERRAL.
11. Limitation of Liability for VENDOR. TO THE FULLEST EXTENT PERMITTED AT LAW, NEITHER VENDOR NOR ANY OF ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES WILL BE LIABLE FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS OFFER. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION) COMPENSATORY, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; AND CLAIMS OF THIRD PARTIES.
12. Entire Agreement. These Terms and Conditions represent the entire agreement between LEADSOURCE and VENDOR with respect to the REFERRAL.
13. Variation of the Terms and Conditions. These Terms and Conditions may be amended or modified by VENDOR in its sole discretion at any time and these amendments and modifications will apply to LEADSOURCE. Any such amendments will be posted to this page, and it is LEADSOURCE’s responsibility to review this page from time to time for such amendments.
14. Currency. All amounts stated in these Terms and Conditions are in U.S. dollars.
15. Severance. If any provision of these Terms and Conditions is held to be invalid, such invalidity will not affect the remaining provisions.
16. Governing Law. These Terms and Conditions will be interpreted, construed, and governed in all respects in accordance with the laws of the State of Ohio in the United States, without giving effect to its principles of conflicts of laws. You hereby irrevocably consent and submit to the exclusive personal jurisdiction of the state and federal courts in Columbus, Ohio for the purposes of litigating any such action.
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