The following sets forth the terms and conditions regarding your participation in DISQO, Inc.’s (“DISQO”) referral program for the Experience Suite service (“Referral Program”).
By participating in the Referral Program in any way, you agree to be bound by the Referral Terms. If you do not agree to the Referral Terms, you may not participate in the Referral Program. DISQO may revise the Referral Terms from time to time in DISQO’s sole discretion, subject to applicable law. When DISQO revises the Referral Terms, DISQO will post the revised version on this Website. You are free to decide whether or not to accept a revised version of the Referral Terms; however, accepting the Referral Terms, as revised, is required for you to continue participating in the Referral Program. If you do not agree to the Referral Terms or any revised version of them, your sole recourse is to terminate your participation in the Referral Program. Your participation in the Referral Program is subject to, and constitutes your acceptance of, the version of the Referral Terms in effect at the time of your participation in the Referral Program.
To be eligible to participate in the Referral Program: (i) you must be 18 years of age or older and a citizen of the United States: (ii) neither you nor any member of your family are a current employee of DISQO or the Qualified Customer or each of their respective affiliates and subsidiaries; and (iii) you shall only use the Hubspot platform or subsequent platform that DISQO makes available for use to provide any referral submissions for the Referral Program (“Referral Platform”); and (iv) as requested by DISQO, you shall provide to DISQO a completed W-9. You represent and warrant that you have the right to provide DISQO with all of the information you provide or submit via the Referral Platform. DISQO, in its sole and exclusive discretion, reserves the right to determine you are ineligible at any time to participate in Referral Program for any reason.
a) A “Qualified Customer” means a company you have referred to DISQO for the Experience Suite service by providing the relevant contact information via the Referral Platform. A Qualified Customer must (i) hold a Manager-level position or above (ii) in a marketing, advertising, branding, UX, product, or research role at a B2C company, an agency, a publisher, or an ad-tech company, and (iii) have a need for testing creative assets, concepts, or messaging for use in advertising. In addition, a Qualified Customer shall not include: (iv) any current or former customer (including, but not limited to, customer’s affiliates and subsidiaries) of DISQO or any of its affiliates and subsidiaries; (iv) any company (including, but not limited to, customer’s affiliates and subsidiaries) with whom DISQO or any of its affiliates, subsidiaries or agents have already engaged, contacted, communicated or corresponded, directly or indirectly, or that are already otherwise a DISQO lead, prior to your submission through the Referral Platform; or (v) any company that another participant in the Referral Program has previously contacted under this Referral Program; or (vi) your employer or any individual/team within your employer.
(b) A “Qualified Demo” means a meeting between the Qualified Customer you referred and DISQO to discuss the Experience Suite services as they may be used by the Qualified Customer. The Qualified Demo must occur via video conference, and must take place no later than thirty (30) after you refer the Qualified Customer.
(c) A “Qualified Contract” means a written agreement or contract (including a DISQO Order Form) entered into by and between DISQO and a Qualified Customer for the purchase of DISQO’s Experience Suite service that: (i) is signed by DISQO and the Qualified Customer while this Referral Program is in effect; (ii) has a minimum value of Twenty Thousand ($20,000) Dollars in the initial Order Form; and (iii) is fully executed within 90 days of your submission of the Qualified Customer via the Referral Platform. Nothing herein shall obligate DISQO to enter into any Qualified Contract.
To the extent you meet the eligibility requirements set forth in Section 2 above and are not in breach of any of the other terms and conditions set forth herein, (a) for each Qualified Demo, (i) you will receive One Hundred Dollars ($100), or (ii) your employer will receive up to 100 additional completes to the extent your employer has a current contract for the Experience Suite service, and (b) for each Qualified Contract, (i) you will receive One Thousand ($1,000) Dollars, or (ii) your employer will receive up to 500 additional completes to the extent your employer has a current contract for the Experience Suite service (“Referral Reward(s)”). The rewards will be provided within approximately thirty (30) following the occurrence of the Qualified Demo or Qualified Contract, respectively, provided that you have timely provided any W9 as may be requested by DISQO. You must choose whether you would like the Referral Reward to be in Dollars or Completes on the intake form you initially provide to DISQO. You acknowledge and agree that, to the extent that you breach any of the Referral Terms, you may be required to return to DISQO the Referral Rewards that you received. Referral Rewards may be taxable, depending on the value of the item and the federal, state, and local tax laws applicable to you. You are solely responsible for reporting such items on your tax returns and paying any associated tax liability.
DISQO, in its sole and exclusive discretion, may terminate without notice this Referral Program and/or your participation at any time without penalty or liability. Those provisions that by their nature are intended to survive termination of the Referral Terms shall so survive.
You represent and warrant to DISQO that: (a) you are not prohibited by your employment, any contract or any other restriction or obligation from participating in the Referral Program and/or receiving a Referral Reward; (b) you will comply with all laws, rules and regulations applicable to your performance under this Referral Program, including your receipt of Referral Rewards; (c) you will not at any time make any misleading or defamatory statements or act in an unethical or fraudulent manner; and (d) you shall comply with DISQO’s policies and procedures provided or communicated to you under this Referral Program.
DISQO AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL WARRANTIES WITH RESPECT TO THE REFERRAL PROGRAM AND THE REFERRAL PLATFORM, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTY OF MERCHANABILITY AND THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. THE REFERRAL PROGRAM AND THE REFERRAL PLATFORM ARE PROVIDED ON AN “AS IS” BASIS. BY PARTICIPATING IN THIS REFERRAL PROGRAM, YOU AGREE THAT DISQO AND ITS AFFILIATES, SUBSIDIARIES, REPRESENTATIVES, CONSULTANTS, CONTRACTORS, THIRD PARTY PROVIDERS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS WILL HAVE NO LIABILITY WHATSOEVER FOR LOSSES OR DAMAGES OF ANY KIND, DIRECTLY OR INDIRECTLY, FROM YOUR PARTICIPATION IN THE REFERRAL PROGRAM, YOUR USE OF THE REFERRAL PLATFORM OR ANY OTHER RELATED ACTIVITY.
The parties shall at all times be independent parties. You are not authorized to assume or create any obligations or liabilities, express or implied, on behalf of or in the name of DISQO and its affiliates and subsidiaries. You shall at no time be considered an employee of DISQO and its affiliates and subsidiaries and therefore shall not be entitled to any wages or benefits from DISQO and its affiliates and subsidiaries.
If any provision in the Referral Terms is held by a court of competent jurisdiction to be invalid, void or unenforceable, then (i) such provision will be interpreted, construed or reformed to the extent reasonably required to render the same valid, enforceable and consistent with the original intent underlying such provision; (ii) such provision will remain in effect to the extent it is not invalid or unenforceable; and (iii) the remainder of the Referral Terms shall remain in full force and effect and shall in no way be invalidated. DISQO’s delay or failure in enforcing any right or remedy afforded hereunder or by law shall not prejudice or operate to waive that right or remedy or any other right or remedy for a future breach of the Referral Terms, whether of a like or different character.
The Referral Terms and the Referral Program itself shall be interpreted and construed under the laws of the State of California, excluding the choice-of-law provisions of such laws. In the event a judicial proceeding is necessary, the sole forum for resolving disputes arising under or relating to the Referral Program and the Referral Terms are the state and federal courts located in the County of Los Angeles, California, and the parties hereby consent to the jurisdiction of such courts.
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