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Referral Rewards Program Terms and Conditions |
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Agreement Enrollment Policy
To be eligible to participate in the RRP, you must be an existing SMC
client in good standing. Term of the Agreement
The term of this Agreement under the RRP will begin upon SMC entering
into a contract for its services with any new client referred by you.
However, if in the event that the referred client fails to pay for services
agreed to under its contract with SMC, then your RRP Agreement may be
terminated at SMC's sole discretion. SMC may cancel or modify the RRP
and this Agreement at any time. Such cancellation or modification will
not affect any Referral Rewards already granted under this Agreement. Referral Rewards
Referral Process: If you provide SMC (via the RRP referral link) with
a prospective client and if SMC and the prospective client enter into
a contract for any of SMC's services within 90 days of your referral,
then you will receive a Referral Reward as defined in the following paragraph.
SMC reserves the right to reject any referrals that do not comply with
any requirements that it may periodically establish. In the event that
SMC receives duplicate or conflicting referrals from different existing
clients, SMC may, at its sole discretion, determine who receives credit
for such referrals. In most cases, the first referral received will be
eligible for the Referral Reward. SMC's decision concerning the order
of receipt will be final. The referral information provided by you will
not be used for any purpose other than to confirm referrals. SMC, in its
sole discretion, may refuse to accept any referral that offends SMC's
website hosting policy, or for any other reason. Referral Rewards:For each successful referral that results in a contract between SMC and the client referred by you to SMC, you will receive a Referral Reward of six (6) months of website hosting for $1 per month (a maximum credit of $33.99 per month, a $203.94 value). This Referral Reward may be applied to your existing website hosting account with SMC or to the hosting of a new website with SMC. All existing SMC clients are eligible to receive Referral Rewards for an unlimited number of successful referrals. The Referral Rewards received through successful referrals may be applied to up to two (2) years worth of credit on one (1) website hosting account with SMC. Alternatively, Referral Rewards for successful referrals may be applied to multiple website hosting accounts with SMC, or to establish new hosting accounts with SMC, as long as they are registered in your name or your company's name. The Referral Reward will be applied against your SMC account within sixty (60) days of the date SMC entered into a contract with the client you referred. Referral Rewards will expire after twelve (12) months if you do not maintain a current website hosting account with SMC. Responsibility for Your Website
The RRP applies only to the hosting of your website by SMC. Unless otherwise
agreed to in writing, you will be solely responsible for the development,
operation, and maintenance of your website. Relationship of the Parties
Nothing in this Agreement or the RRP creates any partnership, joint venture,
agency, franchise, sales representative, or employment between you and
SMC. Neither party has the authority to make or accept any offers or representations
on the other's behalf. This Agreement is not assignable. Governing Law
The parties agree that this Agreement shall be governed by, construed,
and enforced in accordance with the laws of the State of California. The
invalidity of any portion of this Agreement shall not be deemed to affect
the validity of any other provision. If any provision of this agreement
is held to be invalid, the parties agree that the remaining provisions
shall be deemed to be in full force and effect as if they had been executed
by both parties subsequent to the expungement of the invalid provision. Arbitration
Any and all disputes between the parties involving the meaning, interpretation,
application, or enforcement of this Agreement or the obligations of the
parties under this Agreement shall be resolved exclusively through the
Arbitration procedure. In event of any dispute between the parties, the
dispute shall be submitted to arbitration. Each party shall appoint and
arbitrator and the arbitrators so selected shall appoint a third arbitrator.
The decision of the majority of the arbitrators shall be binding between
the parties. The costs of arbitration shall be divided equally between
the parties. Any arbitration under this agreement will be held in Los
Angeles, California. Limitation of Liability
SMC will not be liable for indirect, special, or consequential damages
(or any loss of revenue or profits) arising in connection with this Agreement
or the RRP, even if SMC has been advised of the possibility of such damages.
Furthermore, SMC's aggregate liability arising with respect to this Agreement
and the affiliate RRP will not exceed the total Referral Reward amount
granted under this Agreement. Entire Agreement
This Agreement contains the entire agreement between the parties and any
prior understanding or representation of any kind preceding the date of
this Agreement shall not bind either party except to the extent incorporated
by this Agreement. Assignment of Rights
It is expressly recognized and agreed that this Agreement is personal
by and between the parties hereto and neither party may assign their rights
hereunder without the express prior written consent of the other party. Miscellaneous Provisions
Tax Liability: SMC is not responsible for any tax liability that may arise
as a consequence of your participation in the RRP. |
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