LAST UPDATED: May 21, 2020

EarthBend360 Customer Referral Program: Terms and Conditions

The following terms and conditions apply to the EarthBend360 Customer Referral Program (this “Program”):

Subject to the restrictions described in these terms and conditions, a Referring Party will be entitled to receive a sales incentive for potential sales leads that are successfully converted into sales of EarthBend360’s services, as further described below. To be eligible for any sales incentives under this Program, all sales and Referring Parties must comply with all of the following requirements:

  1. The applicable lead must be provided to EarthBend360 through the Program’s online landing page located at earthbend.com/earthbend360/referral-program. Leads provided through any other method, including phone calls, emails or other forms of communication, will not be eligible for awards under this Program.
  2. For each lead, the Referring Party must provide all of the following information for both the referring party and the referred lead: full name of individual contact person, company name, physical address, email address and phone number.
  3. The Referring Party will be required to agree to these terms and conditions every time he or she submits a lead.
  4. Awards payable under this Program will be paid in the form of a check to the Referring Party in his/her own individual capacity.
  5. In the event that a sales lead referred under this Program is successfully converted into a sale of EarthBend360 services, the Referring Party with respect to such sales lead will be entitled to receive payment of a one-time referral award (“Referral Award”) equal to one full month of the Monthly Recurring Revenue (“MRR”) generated by the customer, excluding any one-time costs related to implementation, or custom development or service work, generated by EarthBend360 from business with the customer.
  6. MRR shall mean only monthly license fees actually collected by EarthBend360 after deduction of any taxes, charge-backs, discounts, refunds, tariffs and other extraordinary charges.
  7. No Referral Award shall be due, owing or payable for any taxes, set-up fees, local or long-distance charges, or any other usage amounts charged by EarthBend360 to customer.
  8. All Referral Awards will generally be paid to the Referring Party within 30 days of the date EarthBend360 actually receives payment of first full month of MRR from the customer. No Referral Awards shall be due on outstanding or unpaid customer invoices.
  9. The maximum amount of awards that a Referring Party may earn for any particular referred sales lead under this Program is equal to $2,500 (Two Thousand Five Hundred Dollars).
  10. A Referring Party will only be eligible to receive an award under this Program for a lead if the referred lead, at the time the Referring Party provides such lead to EarthBend360, (a) is not an existing customer of EarthBend360 (or an EarthBend360 partner, with respect to any third-party service that EarthBend360 resells to its customers) for any paid service; (b) has not been a customer of EarthBend360 (or an EarthBend360 partner, with respect to any third-party service that EarthBend360 resells to its customers) for any paid service within the six (6) months preceding such sale; (c) has not been previously identified by EarthBend360 (either directly or by one of EarthBend360’s partners) as a prospective customer already registered in EarthBend360’s customer relationship management (CRM) system and/or to which EarthBend360 (or, as applicable, one of EarthBend360’s partners) is already promoting or marketing its services; and (d) is reasonably believed by the referring individual, based on specific knowledge obtained from the referred lead, to be potentially interested in EarthBend360’s services.
  11. If two separate Referring Parties submit the same lead to EarthBend360, only the Referring Party who first submitted the lead to EarthBend360 (including all required information) will be eligible to receive the award under this Program if such lead is converted to a sale.
  12. For the Referring Party to be eligible to receive the Referral Award under this Program, the referred lead must sign up as a new EarthBend360 customer within twelve (12) months of the initial referred lead submission and acceptance by EarthBend360.
  13. EarthBend360 may from time to time offer special incentive promotions to Referring Parties. Such promotions will be governed by their own terms and conditions and may require additional information or action from you in order to qualify for the particular incentives being offered.
  14. The Referring Party cannot be an owner, employee, or agent of the Referee. The Referring Party cannot be an EarthBend employee or an immediate family member of an EarthBend employee.
  15. The Referring Party shall operate as an independent contractor and shall not act as, or be, an agent, employee, partner or joint venturer of EarthBend360. Referring Party shall in no way have authority to bind or obligate EarthBend360 in any respect.
  16. EarthBend360 reserves the right to change the terms and conditions of the EarthBend360 Customer Referral Program at any time, without notice, at our sole discretion. We reserve the right to withhold a Referral Award or disqualify the Referring Party from the Program if EarthBend360 believes, at its sole discretion, that fraudulent behavior or other illegal or unethical conduct has occurred in any way that compromises the fairness of the Program in any way.

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