Effective Date: Jan 27, 2022
Customer Referral Program Terms and Conditions
Pocketstop (“We” or “Us” or “Company”) offers customers (“Referrer” or “You”) the opportunity to participate in its referral program (the “Program”). We reserve the right to amend or terminate the Program at any time, for any reason. The Program is administered by Pocketstop.
We reserve the right to modify or amend at any time these Terms and Conditions and/or the methods through which rewards are earned. We reserve the right to disqualify any Referrers from participation in the Program at any time at our sole discretion, including without limitation if he/she does not comply with any of these Terms and Conditions or otherwise fails to comply with any applicable laws (including, without limitation, through any failure to include any disclosures as required by the FTC or otherwise required by Pocketstop).
- Binding Agreement. By participating in the Program, you are bound by these Terms and Conditions (“Terms”) and indicate your agreement to them. All of the Company’s decisions are final and binding. These Terms are incorporated in, part of and subject to the Company’s Terms of Service available here.
- Eligibility. Referrers must be legally able to participate in the Program, and must be 1) at least the age of majority where they reside, 2) employed by a company with an active, valid Pocketstop subscription, and 3) are otherwise in good standing. Companies and employees of Pocketstop or their subsidiaries, affiliates or promotional agencies, including immediate family and household members, are not eligible.
- How the Program Works. To participate in the Program, Referrers must follow the on-screen instructions and on their own, send the dedicated URL to their friends or colleagues. Individuals who receive a referral via a Referrer are “Friends” (or, singly, a “Friend”). An “Eligible” Referrer who is fully compliant with these Terms and Conditions may receive “Reward(s)” for every “Qualified Referral” (all terms in quotes to be understood as defined below). Individuals who receive a referral must enter the Referrer’s name into the respective field when scheduling a demo, or mention that they were referred by the Referrer to the sales representative during the initial demo.
A “Qualified Referral” means the Friend completed an initial demo with the Referral attributed, and has executed a signed contract for a RedFlag subscription and has completed the 30-day refundable time period. Friend must be a US-based company. Contract term must be for at least three years (paid annually). Contract value must exceed $250/month before discount is applied. No other discounts or promotions apply. The Friend must not be an existing User of the Platform and must be a first-time User of the Platform as a result of your referral. If a Friend purchases from or registers with Pocketstop using any other method (like a paid media, for example), the registration will not count as a Qualified Referral and the Referrer will not earn Credit.
- Restrictions. Referrers must respect the spirit of the Program by only referring real individuals who meet the requirements of these Terms and Conditions. Referrers cannot refer themselves; however, referrers can refer other departments within their organization if that referral results in a new, separate RedFlag subscription. No User may use the Program to violate any law, infringe or violate the rights of any third party, or otherwise act in a manner that is deemed harassing, harmful, illegal, hateful, obscene or outside the spirit and intent of the Program. In addition, you may not (i) tamper with the Program, (ii) act in an unfair or disruptive manner, or (iii) use any system, bot or other device or artifice to participate or receive any benefit in the Program. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE COMPANY RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
- Rewards. By making a Qualified Referral, you will receive a reward and your Friend will receive a reward (each, a “Referral Reward”) to be used towards their RedFlag subscription, subject to the restrictions set forth below. Referrer shall receive one (1) reward (each, a “Reward”) in the form and value determined by Pocketstop for each verified Qualified Referral generated by Referrer. A maximum of ten (10) Rewards may be earned by Referrer per calendar year for Qualified Referrals. Any additional or subsequent referrals made by a Referrer will not be considered Qualified Referrals and thus not be entitled to the Reward, unless otherwise allowed by Pocketstop. These rewards may be redeemed in various forms in the Company’s sole discretion. Restrictions apply. Additionally, if the reward is in the form of a gift card, gift certificate or voucher, it may be subject to the issuer’s terms and conditions. Rewards are subject to verification. The Company may delay a reward for the purposes of investigation. The Company may also refuse to verify and process any transaction for any reason.
- Liability. YOU UNDERSTAND AND AGREE THAT THE INDEMNIFIED PARTIES (DEFINED BELOW) SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, ACTUAL, CONSEQUENTIAL, ECONOMIC, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY POCKETSTOP, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES) ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE POCKETSTOP PLATFORM, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. By participating in the Program, you agree to indemnify, defend, and hold harmless Pocketstop and Affiliates, and their attorneys, insurers, independent contractors, providers, successors and assigns (the “Indemnified Parties”) t from and against any and all Liabilities incurred in connection with (i) your use or inability to use the Pocketstop Platform, or (ii) your breach or violation of this Agreement; (iii) your violation of any law, or the rights of any User or third party and (iv) any content submitted by you or using your account to the Pocketstop Platform, including, but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful. You also agree to indemnify the Indemnified Parties for any Liabilities resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or loan on our infrastructure. Pocketstop reserves the right, in its own sole discretion, to assume the exclusive defense and control at its own expense of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the prior written consent of Pocketstop. TO THE FULLEST EXTENT POSSIBLE BY LAW, THE INDEMNIFIED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), SHALL BE $100.00.
- Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE PROGRAM AND THE POCKETSTOP PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. POCKETSTOP MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE POCKETSTOP PLATFORM OR THE CONTENT OF ANY SITES LINKED TO THE POCKETSTOP PLATFORM AND ASSUMES NO LIABILITY OR RESPONSIBILITY IN CONTRACT, WARRANTY OR IN TORT FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE POCKETSTOP PLATFORM, (III) ANY ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; AND (IV) EVENTS BEYOND OUR REASONABLE CONTROL.
- Bulk Distribution (“Spam”). Each Referrer is the actual sender of the emails and must comply with applicable law. Referrals must be created and distributed in a personal manner that is appropriate and customary for communications with friends, colleagues and family members. By submitting any email address as part of the Program, the Referrer represents that he/she has the appropriate permission and consent. Bulk email distribution, distribution to strangers, or any other use of the services described herein in a manner that is not promoted is expressly prohibited and may be grounds for immediate removal from the Platform and further legal action. The Company has no obligation to monitor the Program or any communications; however, the Company may choose to do so and block any chat messages, remove any such User Generated Content, or prohibit any use of the Program. Referrers who do not comply with the law, including anti-spam laws, are obligated to indemnify the Company against any liabilities, costs and expenses it incurs as a results of such spam.
- Right to Cancel, Modify or Terminate. We reserve the right to cancel, modify or terminate the Program at any time for any reason. We reserve the right to disqualify any User at any time from participation in the Program if we have a good faith belief that he/she has violated any of these Terms.