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Referral Program Terms & Conditions
November 13, 2014
The following terms apply to your participation as a Referrer in the Referral Program. By participating in the Referral Program you agree to comply with these terms. This Referral Program is void where prohibited.
Digium means collectively Digium, Inc. and its wholly owned subsidiary Digium Cloud Services LLC.
What is the Referral Program? The Referral Program pays a bonus on qualified Referrals based on the number of Switchvox seats purchased.
Who can participate? A Referrer means an individual or company that refers to Digium a potential new Switchvox (either cloud or premises-based) customer. Digium employees, Digium authorized channel partners, and Digium Cloud Services sales agents and family members of those individuals are not eligible to be a Referrer. Referral fees will only be paid to Referrers located in the contiguous United States. Referrer is also referred to as you in these terms.
What is a qualified Referee? A Referee means the company referred that becomes a customer. Referrals will be checked against Digium’s deal registrations system using the company name and email domain. Any Referees not already registered with Digium or in process are eligible for a Referral bonus. The referral fees will be paid on the first two referees which become customers within the month. Only Referees who become customers within twelve (12) months following referral are eligible for bonus payments to be made on. Referees who were existing customers within the twelve (12) month period prior to the date of referral are not eligible.
How do I sign up to participate? Login to your www.digium.com account and use the same email address associated with your Digium account throughout your participation in the program, otherwise you may not receive referral checks. If you use a different e-mail address for the referral program you forfeit all rights to referral fees.
What must be in the e-mail I send with the link and what are the linking/e-mail rules? Every time you send your link you must tell Referees you are eligible for a referral check if they use your link and make a purchase. You can use default language provided to share your link. Failure to comply may result in losing your referral checks and may be a violation of laws enforced by the FTC. You must not have or use more than one referral link. There is a limit of one unique referral link per Referrer.
How are the referral fees paid? Referral fees will be paid by check made payable to Referrer. Premises based Switchvox won deals will be paid by Digium within 60 days after the order is invoiced. Switchvox Cloud will be paid after DCS has collected payment for the first three (3) months of service from the Referee.
Payment will be forfeited if the Referrer’s W-9 is not provided to Digium in a timely manner. Digium will request the W-9 via e-mail.
The referral fee amounts are available on www.digium.com/referral and are subject to change effective upon the date the new fees are posted. The updated referral fees will be paid for all Referees who purchase after the fee update regardless of the date the referral was actually made.
Is there a limitation on the number of referral checks I may earn? No. Digium reserves the right to void referrals earned if it suspects the referrals were earned in a fraudulent manner or in a way that violates these terms.
You are responsible for your own communications. You are responsible for your communications you understand that for any communications, you are sending them on your own behalf. You are not acting as an agent of Digium and you will not be deemed an employee of Digium. Do not misrepresent or embellish your relationship with Digium or write or say anything pertaining to the Referral Program, Digium, or Digium products or services which you know is untrue or misleading.
You are an independent contractor. The Referrer is an independent contractor. Referrer is not an agent, affiliate, employee, joint venture or partner of DCS.
Release from liability and exclusion of damages. By participating in the Referral Program, you agree that Digium will have no liability and that you will indemnify and hold Digium harmless for any claim, action, liability, loss, injury or damage to you or any other person or entity due in whole or in part, directly or indirectly, by reason of your participation in the Referral Program. You will not settle any claim without the prior written consent of Digium. Further, you agree that Digium is not responsible for faulty referral links, any error, omission, interruption, defect or delay in transmission, or communication, or errors in these terms, in any Referral Program-related materials. UNDER NO CIRCUMSTANCES WILL DIGIUM BE LIABLE TO YOU FOR ANY INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE REFERRAL PROGRAM. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL DIGIUM’S TOTAL LIABILITY FOR ANY AND ALL CLAIMS IN THE AGGREGATE EXCEED THE AMOUNT OF REFERRAL FEES PAID TO YOU.
Law and forum. This Agreement shall be governed by the laws of the USA and, to the extent that no federal law applies, the laws of the State of Alabama, USA, and by the applicable Rules which are specified in the Dispute Resolution Section of this Agreement. Forum jurisdiction and venue for any legal claims or actions arising under this Agreement shall be determined in accordance with such law. The United Nations Convention on International Sale of Goods, the application of which is expressly excluded, does not govern this Agreement.
How long is the Referral Program valid for? The Referral Program is valid from November 15, 2014 until Digium elects to end it. You may at any time end your participation by giving Digium notice of your withdrawal at which point you will no longer be eligible to earn referral checks even if your referral link continues to be used by Referees. Misuse of the Referral Program or breach of these terms may result forfeiture of referral fee payments.
Updates and Modifications. Digium may cancel or modify these terms at any time by posting updated terms. The updates are effective upon the date they are posted.