These Terms and Conditions (“Terms”) contain important information regarding your rights and obligations, as well as conditions, limitations, and exclusions that may apply to you regarding the incentive payment program for referral of customers to Drop, Inc. (hereinafter the “Referral Program”). By clicking the “Accept” selection on our website you are confirming to Drop, Inc. that you are in compliance with the Program Conditions (defined below), and by submitting a customer referral through the form on that website you are consenting to comply with and be bound by all Referral Program terms and conditions as detailed below.
Program Purpose and Eligibility
The purpose of the Referral Program is to provide a monetary incentive to non-employees of Drop, Inc. for the Successful Referral of New Customers to Drop, Inc. For purposes of the Referral Program, a “New Customer” is a person or company who has not previously purchased services from Drop, Inc., and a “Successful Referral” is one that results in the New Customer purchasing a service from Drop, Inc. following and because of your submission through the Referral Program (each purchase a “New Purchase”).
This Referral Program is not available for current or former employees, owners, or independent contractors of Drop, Inc.
To be eligible for this Referral Program, you must be able to provide referrals without breaching any legal restrictions on your activities, such as non-competition, non-solicitation or other work-related restrictions imposed by a current or former employer or other contractual party. If you have any such restrictions, you must immediately inform Drop, Inc. about any such restrictions and provide Drop, Inc. with as much information about the restrictions as possible, including any agreements describing such restrictions on your activities. Any sales referrals you provide cannot be the proprietary or confidential information of any third party.
Customer referrals must be submitted through the “Affiliate Program” form on the website of Drop, Inc.
By submitting a customer referral, you agree that your submission shall constitute an offer of a referral. All referrals must be accepted by us or we will not be obligated to provide the Referral Incentive (defined below). After having received your submission, Drop, Inc. will send you a confirmation email with any details regarding the customer referral and Drop, Inc.’s acknowledgement that the referred customer is a New Customer. Acceptance of your submission will not take place unless and until you have received a confirmation email from Drop, Inc. You have the option to withdraw your submission at any time before Drop, Inc. has sent a confirmation email by send an email to email@example.com.
All customer referrals will be evaluated consistent with Drop, Inc’s policies. Acceptance of a referral does not obligate Drop, Inc. to sell any services to the New Customer, and Drop, Inc. retains the sole discretion of whether and when to sell such services to a New Customer.
Upon acceptance of a New Customer referral, you will receive a custom URL that you can use to promote Drop, Inc. for referrals, and to check on the status of any Referral Incentives you have earned through this Referral Program.
Referral Award Eligibility
If a New Customer you have referred and Drop, Inc. has accepted makes a New Purchase, you will be eligible to receive a Referral Incentive.
If Drop, Inc. receives two or more eligible referrals for New Customers, the referral that is submitted first will be eligible for the Referral Incentive.
A party that is eligible for a Referral Incentive under the Referral Program is referred to as a “Referral Affiliate”.
Upon acceptance of any New Customer through the Referral Program, you will be entitled to receive 15% of each New Purchase from the New Customer. The Referral Incentive will be accumulated and paid to you on the 15th of each month after acceptance, using PayPal, ACH, or other method agreed to in writing by Drop, Inc.
Drop, Inc. may terminate this Referral Program or any Referral Affiliate at any time, for any reason, and without prior notice. After termination, any Referral Incentives earned under the Referral Program will continue to be paid, except in the case of a violation of any of these Terms.
Nothing in these Terms is intended to create any association, partnership, joint venture, employment, or agency relationship between you and Drop, Inc. for any purpose. You have no authority (and shall not hold yourself out as having authority) to bind Drop, Inc. and you shall not make any agreement or representations on Drop, Inc.’s behalf without its prior written consent.
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT OR LOSS OF DATA OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNTS OWED AS A REFERRAL INCENTIVE.
All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Illinois without giving effect to any choice or conflict of law provision or rule (whether of the State of Illinois or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Illinois. By accepting these Terms, you consent to the jurisdiction of the Federal courts in the Northern District of Illinois, Eastern Division, or in the State Courts of Cook County, Illinois, as may be appropriate. In the case of any dispute between you and Drop, Inc. related to these Terms, you further consent to service of process by the notice procedures below.
These Terms will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.
To You. We may provide any notice to you under these Terms by: (i) sending a message to the e-mail address you provide. Notices sent by e-mail will be effective when we send the e-mail. It is your responsibility to keep your e-mail address current.
To Drop, Inc. To give us notice under these Terms, you must contact us as follows: (i) by personal delivery, overnight courier or registered or certified mail to firstname.lastname@example.org. We may update the address for notices to us by posting a notice on the website of Drop, Inc. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.