Terms of Service/Fine Print:
The BigTime Refer a Friend Program Agreement is entered into between BigTime Software, Inc. (“BigTime”) and the individual or entity (“Partner” “Referrer” “you” or “your”) that BigTime has approved for participation in the BigTime Refer a Friend Program (“Refer a Friend Program”) in accordance with the terms below.
This Agreement governs your enrollment and participation in the BigTime Refer a Friend Program. This Agreement is effective as of the first date that BigTime has notified Referrer in writing (which may be by email) of acceptance into the Refer a Friend Program (the “Effective Date”). This Agreement supersedes and replaces any other agreement that you may have previously entered into with BigTime governing your participation in the Refer a Friend Program. BigTime and Referrer are sometimes referred to herein individually as a “Party” and collectively as the “Parties”.
These terms and conditions (“Terms”) apply to BigTime’s Refer a Friend program (“Program”). By referring a friend, acting on a referral, using the Program, or otherwise participating in the Program, the referring customer and/or referred friend agree to be bound by these Terms.
Qualified Referral. A Qualified Referral is defined as a signed contract with BigTime by a company (a "Referred Customer"):
referred by Referrer in accordance with the Referral Procedures described below; and
for whom BigTime has no record in connection with the Services, who have not had any interaction with BigTime for the past ninety (90) days, and who are not, at the time referred, in any part of a sales cycle, contractual relations or ongoing negotiations with BigTime; and
who purchase a subscription for Services no more than ninety (90) days from the date of referral by Referrer
As a Referrer, you are limited to one reward for each Referred Customer; in other words,
additional/repeat subscriptions made by a Referred Customer are not counted as
additional Qualified Referrals.
If duplicate qualified referral submissions occur, BigTime will pay the referral fee to the first submission received based on the date and time the referral is received.
Referred Customer. The Referred Customer and the Referrer cannot be the same person (for example, by using a different email address). The Referred Customer must complete an annual contract with BigTime and must have not been a prior customer or contact of BigTime.
Payments. For each Qualified Referral, the Referring Customer will receive a reward gift card proportional to the contract value. Current referral payment amounts can be found at: https://get.bigtime.net/refer-a-friend/.
Any payments made to Referrer will be made only in the name as listed in the Agreement. Any other payment arrangements must be pre-approved in writing by BigTime. If either Party determines an error was made in the calculation of payment, each Party agrees to work diligently and in good faith to establish, and if established, resolve, the error.
Referrer is responsible for claiming taxes on any and all Refer a Friend rewards paid out by BigTime.
Eligibility. Eligibility is limited to current, good standing customers of BigTime. The Referrer must have their account in good standing for more than 30 days to receive the reward payment.
Term. This Agreement is effective from the Effective Date and remains in effect until either Party terminates it as permitted herein (“Term”).
Termination for Convenience. Either Party may terminate this Agreement without cause.
Termination for Cause. If either Party breaches a material term of this Agreement, the other Party may terminate this Agreement if the breaching Party does not cure such breach within ten (10) business days after receiving written notice of the breach.
Immediate Termination by BigTime. BigTime may terminate this Agreement immediately upon written notice to Referrer if: (i) Referrer becomes the subject of a petition in bankruptcy or other proceeding relating to insolvency, or makes an assignment for the benefit of creditors; (ii) BigTime determines, based on one or more BigTime Customer or prospective BigTime Customer complaints, that Referrer’s actions or statements have created or may create a significant risk of harm to BigTimes reputation or customer relationships; or (iii) Referrer has committed fraud or misrepresentation with respect to entering into and/or the performance of this Agreement; or (iv) Referrer terminates or requests to terminate their BigTime software subscription.
Right to Cancel Program or Change Terms. BigTime reserves the right to cancel the Refer-a-Friend Program or to change these Terms & Conditions at any time in its sole discretion.
Services. BigTime will not provide Referrer with log-in credentials to another Customer’s BigTime platform in connection with this Agreement.
Feedback. Referrer grants BigTime a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use or incorporate into the Services any suggestions, enhancement requests, recommendations or other feedback provided by Referrer relating to the operation of the Services, or to the Refer a Friend Program.
Opt-in to Marketing. Referrer’s participation in the Refer a Friend Program will serve as an opt-in to receive marketing communications from BigTime in accordance with BigTime’s Privacy Policy. Referrer will be presumed to have provided appropriate notices and have obtained appropriate consents, if required, from any referred friend or other persons who engage with BigTime through the Refer a Friend Program.
Paid Marketing. Referrer is not allowed to use any form of Paid Search, Paid Display, Paid Social, or any other form of paid marketing or advertising to promote BigTime’s Refer a Friend Program.
Indemnification. Referrer agrees to indemnify, defend, and hold harmless BigTime and its affiliates, officers, directors, employees, contractors and agents from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, fines, costs and expenses of any kind (including reasonable attorneys’ fees) arising from or relating to any claim of a third party: (i) relating to Referrer’s operation of its business; (ii) relating to a breach of any provision of this Agreement by Referrer or its representatives, including without limitation Section 2 (Compliance with Laws); or (iii) alleging or relating to any act or omission of Referrer or its representatives in connection with the performance of its obligations under this Agreement.
DISCLAIMERS; LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BIGTIME DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, ORAL OR WRITTEN, ARISING UNDER ANY LAW, WITH RESPECT TO THE SERVICES, THE MARKETING SERVICES, AND ANY OTHER BIGTIME PRODUCT OR SERVICE MADE AVAILABLE, ACCESSED OR USED AS PART OF REFERRER’S PARTICIPATION IN THE REFER A FRIEND PROGRAM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BIGTIME MAKES NO WARRANTY THAT ANY REFERRAL URLS, BIGTIME WEBSITES OR SERVICES WILL OPERATE ERROR-FREE OR WITHOUT INTERRUPTION.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BIGTIME BE LIABLE TO PARTNER OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, ARISING OUT OF OR RELATING TO THIS AGREEMENT. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, STATUTE OR ANY OTHER BASIS, AND EVEN IF BIGTIME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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First Benefit
What does your company offer that will improve or solve a problem? Explain the pain point being alleviated.
Second Benefit
What does your company offer that will improve or solve a problem? Explain the pain point being alleviated.
Third Benefit
What does your company offer that will improve or solve a problem? Explain the pain point being alleviated.
Fourth Benefit
What does your company offer that will improve or solve a problem? Explain the pain point being alleviated.