These terms and conditions (“Program Terms”) govern the Jive Referral Program (the “Program”) for all participants.
- Participation. (a) Jive will make all determinations regarding participation in the Program. Jive may terminate any participant from the Program or cancel the entire Program at any time for any reason by giving written notice to participants. (b) An individual is not eligible to participate in the Program if he or she works for an employer which has a contractual compensation arrangement with Jive other than these Program Terms or is a Jive employee who is paid commissions. (c) Jive will not double-pay for referrals. A business which has a contractual compensation arrangement with Jive (e.g. a channel partner) will be compensated only under these Program Terms if it submits a referral as part of the Program. (d) Acceptance of these Program Terms will terminate any previously executed Affiliate Agreement between the participant and Jive.
- Payment. (a) Jive shall pay $50 for each end-user handset associated with a successful referral, up to $10,000 per successful referral. Once a referral becomes a successful referral (as defined in section 13 of these Program Terms), Jive will compensate a participant for the number of billable handsets on the customer’s account, excluding handsets billed as low-usage devices, and excluding handsets that Jive deems to be temporary due to the seasonality of the business (e.g. Tax Preparation). Jive may delay payment up to 12 months in order to assess whether the business is seasonal. Jive will direct payment to the individual or entity whose information is submitted with the referral at jive.com/refer. Jive will not pay any participant until the participant has provided a completed W-9 form to Jive. (b) Jive shall pay $5 for each qualified referral via one or more prepaid TANGO cards or other gift card. Jive will send gift cards at its discretion not fewer times than once per month. Jive will make the final determination as to whether any referral is a qualified referral. (c) Jive is not required to give specific reasons why a particular referral has not been deemed a qualified or successful referral, or to make these decisions in a specific amount of time.
- Independent Contractor. Each participant in the Program is an independent contractor, and no participant is authorized to act on Jive’s behalf. The participant hereby acknowledges that Jive does not direct it how to perform its obligations . Nothing in these Program Terms will be construed to create a joint venture, employer-employee relationship, partnership, or association between Jive and the participant.
- Trademarks. The participants shall not use any trademarks, copyrighted materials, patents, names, logos or other intellectual property owned or licensed by Jive, except as they may be included in materials provided by Jive.
- Indemnification. The participant shall indemnify Jive and its representatives against any claims arising from its participation in the Program. This obligation includes court costs and attorney’s fees.
- Warranty Disclaimers; Limit of Liability. (a) Participation in the Program is at the participant’s own risk. Jive provides the program “as is” without warranty of any kind, express or implied. (b) In no event will Jive be liable for incidental or consequential damages or for loss of profits, revenue, or data as a result of claims arising out of or connected with these program terms or the program, whether brought in contract or tort, even if Jive has been advised of the possibility of such damages. This limitation does not apply to amounts owed under section 2 of these Program Terms.
- Amendment. Jive may change the Program Terms at any time by providing notice to the participant. Participation in the Program at any time after Jive provides this notice will constitute acceptance of the changes.
- Notices. Jive may give notice under this agreement in any reasonable manner, including by email using the email address submitted with the referral via jive.com/refer.
- Governing Law; Jurisdiction. These Program Terms are governed by the laws of the State of Utah. The parties hereby consent to the exclusive personal jurisdiction of the courts in Utah and waive any objection as to venue or inconvenient forum.
- Assignment. Jive may assign its rights and obligations under this agreement to any party. The participant shall not assign its rights or obligations under this agreement without Jive’s written consent.
- Waivers. Failure to enforce a right or provision under this agreement does not constitute a waiver of that right or provision.
- Email. In accordance with 15 USC § 7701 et seq. (the CAN-SPAM Act), if a participant designates a referral email address that has previously opted out of receiving marketing emails from Jive, the participant will be advised that the email address is not eligible to be sent a Program email.
- Definitions. In this agreement, the following definitions apply. “qualified referral” means a business which (1) a participant submits as a referral using Jive’s referral submission form at jive.com/refer; (2) is not a current, pending, or last-30-days customer of Jive, based on the date the referral is submitted; (3) is not the participant’s employer; (4) has a personal connection to the participant; and (5) is willing to discuss purchasing a hosted phone system. “successful referral” means a qualified referral which (1) purchases Jive’s hosted phone service no more than 12 months after the referral was submitted and (2) keeps current with payments for 90 days after the start of billing.
Version 1.1 August 11, 2016