Effective Date: December 30, 2016
- Definitions. “Eligible Referrer” is (a) a legal resident of the fifty (50) United States, the District of Columbia, and Puerto Rico, who is 18 years of age or older; or (b) a business operating in the United States. Existing and former Brokermint customers cannot refer themselves, neither can businesses and their employees. Brokermint Partner Program participants are ineligible for a Reward.
“Eligible New Customer” is an individual or business that (a) is not currently in the sales funnels; (b) signs up for a Brokermint plan while this Referral Program is still active; and (c) maintains an active Brokermint account in good standing for at least sixty (60) days after activation of Eligible New Customer’s account in compliance with the relevant Terms of Service.
“Parties” are Eligible Referrer and Brokermint.
- Scope. Eligible Referrer will refer to Brokermint Eligible New Customers in exchange for a Reward.
- Referrals. Registration for the Referral Program can be made via the Brokermint Referral form. (https://brokermint.com/referral-program). To be eligible for a Reward, an Eligible Referrer must identify Eligible New Customers directly to the Brokermint via an Eligible Referrer via a personal link that can be shared via email or social media. Eligible Referrer may also make referrals by submitting them directly to Brokermint via the referral form provided by Brokermint. Sending mass email messages (to multiple recipients at the same time) is strictly prohibited. When referring customers, Eligible Referrer must always disclose that Eligible Referrer is participating in this Referral Program and create posts and emails in a personal manner that is appropriate and customary for communications with friends, colleagues, family members and business associates. any invitation to a potential new Brokermint customer must comply with all applicable laws including, but not limited to, CAN-SPAM.
Should an Eligible New Customer be referred by more than one Eligible Referrer, only the original Eligible Referrer validated by Brokermint shall be entitled to be considered to receive all or any portion of the Reward. Referrals are considered active for one (1) year and shall expire after such time. If a prospective Brokermint customer has neither activated nor installed Brokermint products or services within one (1) year after the Eligible Referrer submits a referral, said referral shall expire and the requisite Eligible Referrer shall not be entitled to a Reward if the prospective Brokermint customer subsequently purchases Brokermint products or services.
Brokermint also reserves the right to disqualify and deregister any Referrer in the event that Brokermint determines that Referrer has violated any of these Rules, which determination shall be final. In the event of such disqualification or deregistration, Referrer forfeits the rights to receive, and Brokermint is not obligated to honor or pay any Rewards which vest on or after the date of such effective disqualification or deregistration.
- Reward. Rewards will be calculated based upon the number of seats activated by the Eligible New Customer. Reward tiers are calculated as follows:
1-5 seats $250 6-15 seats $350 16-25 seats $450 26-50 seats $550 51-100 seats $650 101-150 seats $750 151- 200 seats $850 201-300 seats $1000 300+ seats $1200
If there is a preferred Reward issuance method within the Program (e.g., cash or account credit), it is the sole responsibility of the Eligible Referrer to promptly communicate the desired method of Reward issuance to firstname.lastname@example.org If no specific election of Reward issuance method has been made, the Reward will be issued to the Eligible Referrer in the form of a check. A W-9 form must be completed, submitted and approved for all Rewards, regardless of method, and the W-9 form must match the name of the person or company receiving the reward. If a valid and complete W-9 form has not been received and approved within sixty (60) days after registering for the Referral Program, the Reward shall be deemed forfeited.
In the event the Eligible Referrer’s account has a past due balance (in the case where the Eligible Referrer is a Brokermint customer), Brokermint may elect to offset the Reward against any such past due balance.
- Brokermint Marks. Referrer acknowledges that Brokermint’s names, logos, trademarks, service marks and other intellectual property (and the names of certain products and packages that are provided by Brokermint) (collectively, “Brokermint Marks”) are the exclusive property of Brokermint and that you do not have any proprietary rights therein. Referrer may only use and display Brokermint Marks to the extent specifically designated or authorized in advance by Brokermint.
- Marketing Materials. Any marketing materials, communications and displays produced by Referrer shall: (1) be pre-approved by Brokermint; (2) be produced at Referrer’s sole cost and expense; (3) comport with reasonable standards of good taste; (4) comply with Brokermint’s then-current marketing and legal compliance guidelines and rules, which may be updated from time to time; and (5) comply with applicable laws.
- Modifications. Brokermint reserves the right at any time to modify, suspend or cancel the Referral Program or the Rules at any time. Any changes Brokermint makes will be effective immediately on notice, which it may give either by posting on Brokermint.com or via e-mail. Referrer’s participation in the Referral Program after such notice will be deemed acceptance of such changes.
- Taxes. Eligible Referrer shall be responsible for payment of all taxes to which the Reward is subject. Eligible Referrer agrees to indemnify and hold Brokermint harmless against any taxes, including penalties, duties and interest levied by any government on the Reward. If the value of the Reward payout reaches Six Hundred Dollars ($600.00) or more in a calendar year, a 1099 tax form will be generated and mailed to Eligible Referrer.
- No Other Rights. No other rights or licenses are granted to Eligible Referrer under these Referral Program Rules and the Rules do not grant Eligible Referrer any right to resell or otherwise distribute any of Brokermint’s service or product, nor any right to use any of Brokermint’s trademark, trade name, logo.
- Reserved Rights. This Agreement is non-exclusive, and shall in no way limit either Party’s right to sell directly or indirectly any product or service to any of its current or prospective clients.
- Non-Solicitation of Personnel. Neither Party will directly or indirectly solicit the services of the other party’s employees or consultants.
- Indemnity. Eligible Referrer will defend, indemnify and hold Brokermint harmless from and against all claims, damages, liabilities, losses, expenses and costs (including reasonable fees and expenses of attorneys and other professionals) arising out of or resulting from any action by a third party against Brokermint that is based on a claim that any services performed as a result of these Rules infringe, misappropriate or violate such third party’s rights or any applicable law.
- Disclaimer of Warranty. PARTIES MAKE NO WARRANTIES AND REPRESENTATIONS TO EACH OTHER OR ANY THIRD PARTIES, AND EXPRESSLY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR OTHERWISE WITH RESPECT TO THIS AGREEMENT.
- Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE WHATSOEVER, ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT REGARDLESS OF THE LEGAL THEORY UPON WHICH SUCH CLAIM FOR DAMAGES IS BASED, EVEN IF A PARTY HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IF SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN. IN NO EVENT SHALL EITHER PARTY’S LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNT OF THE REWARD RECEIVED FOR THE QUALIFYING TRANSACTION.
- Governing Law. This Agreement will be governed by and construed in accordance with the laws of California, without regard to its conflict of laws principles that would result in application of any other law.
- General. The Parties are independent contractors. This Agreement does not confer any rights upon any third party. No waiver of any condition or covenant contained in this Agreement or failure to exercise a right or remedy shall imply or constitute a waiver of the same or any other condition, covenant, right or remedy contained herein. If a competent authority declares any provision of this Agreement invalid or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect.