Referral Program Agreement
This CubeBackup Referral Program Agreement (the “Agreement”) contains terms and conditions that govern your participation in the CubeBackup Referral Program (the “Program”). By filling out the signup form or by continuing to participate in the Program you acknowledge that you agree to be bound by this Agreement, represent and warrant that you are lawfully able to enter into contracts (or you are authorized and lawfully able to bind the company or other legal entity which you represent to this Agreement) and that you are and will remain in compliance with this Agreement. “We”, “us”, or “our” means CubeBackup. “You” or “your” means the referrer. All dollar amounts referenced in this Agreement are stated in U.S. dollars.
The purpose of the Program is to permit you to promote CubeBackup software subscriptions on your Site, in Email or through any other form of electronic marketing, and to receive a commission on subscriptions purchased by your referred clients.
As a referrer, you earn compensation by delivering your Promotional Code to potential CubeBackup customers. After you have signed up as a CubeBackup referrer, you will receive a unique Promotional Code. You may make referrals using your Promotional Code on your website, in email, on Facebook or Twitter, or through any other forms of electronic marketing.
Unsuitable promotions are prohibited. These may include but are not limited to:
- Promoting our services in a manner that contains any form of misleading, defamatory, or illegal activities or any other content deemed offensive by us.
- Cause damage to the CubeBackup brand name Promoting our services in a manner that encourages a user to sign up for the purpose of engaging in any illegal activity
- Include non-working websites, blogs without content, or parked domains.
- Incorporate any materials which infringe any copyright, trademark or other intellectual property rights.
- Spam, including junk faxes, mobile phone messaging spam, instant messaging spam, search engine spam, internet forum spam, social network spam, spam in blogs, wiki spam, etc.
When the customer purchases a CubeBackup license using your Promotional Code, the customer gets a 10% discount. The customer’s discount applies to the first payment and all subsequent renewals. At the same time, you are rewarded 50% of the customer’s first payment as commission. Your commission only applies to the first payment.
The commission structure is flexible and may be set at a higher rate for certain referrer depending on sales volume. We reserve the right to disqualify commissions earned in violation of this Agreement.
Commission Fee Payment
Due to our 30-day unconditional refund policy for all customers, Commission Fees will be held in a pending state for the first 30 days after purchase. Commission fees will become withdrawable after 30 days.
All withdrawable Commission fees will be paid at the end of each calendar month. If you earn less than $200 during a calendar month, your commission fees will be rolled forward to the next calendar month, until the balance owed is greater than $200.
You must have a PayPal account in order to be paid, unless you are approved by CubeBackup for an alternative means of payment.
We reserve the right to suspend or withhold commission payments to referrers who are in violation of the terms of this Agreement, but with whom we have opted not to terminate, but instead provide a reasonable period of time to repair the violation.
Terms of Agreement
The terms of this Agreement will begin upon our approval of your Program application and will end when terminated by either you or us. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination.
“Cause” means any of the following: you are in material breach of this Agreement; we believe that we may face potential claims or liability in connection with your participation in the Program; we believe that our brand or reputation may be tarnished by you or in connection with your participation in the program.
This Agreement may be amended at any time by us without specific notice to you. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the Program following our submission of a modification will constitute binding acceptance of the change.
Limitation of Liability
We have no liability whatsoever for your use of any information or other content available from or through our site, our referral system, or our site itself. In particular, but not as a limitation thereof, we are not liable for any compensatory, indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort, product liability or otherwise; nor for any third party claims of any nature, even if advised of the possibility of such damages or claims.
Services, information and other content available from or through the site are provided ‘as-is’, ‘as available’, and all warranties, express or implied, are disclaimed. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties express or implied, including, but not limited to, that any service or information available from or through our site, or our service itself will be merchantable or fit for a particular purpose, that any service or information available from or through our site, or our site itself will be uninterrupted or error-free, that defects will be corrected, regarding correctness, accuracy, or reliability, or against interference with your enjoyment of the service or information, or against infringement. All ‘information’ and services provided in the course of this Agreement are provided with all faults, and the entire risk as to satisfactory quality, performance, accuracy, and effort is with you as the user. The negations of damages set forth above are fundamental elements of the basis of the bargain between us and you. The information and other content available from or through our site, and our site itself, would not be provided without such limitations.