Referral Program Terms of Use

PreconSuite is excited to offer you (the “Referrer”) the opportunity to participate in our Customer Referral Program (the “Program”), you are subject to PreconSuite’s Terms of Use and Privacy Policy (both available at www.PreconSuite.com), as well as the below additional Terms & Conditions for PreconSuite’s Customer Referral Program.

By participating in the Program, Referrers agree and are bound by these Terms and Conditions in the manner specified below. Your participation in the Program is also your consent to receive Program related materials and notices. If you do not agree to these Terms and Conditions in their entirety, you are not authorized to register as a Referrer or to participate in the Program in any other manner. Referrers may not participate in the Program where doing so would be prohibited by any applicable law or regulations.

How The Program Works – 3 Step Process

Step 1: Refer a Company

Referrers must submit a referring company (the “Referring Company”) only through the PreconSuite Referral Form and refer a colleague or company (the “Company” or “Qualified Referral”) to PreconSuite. A Referrer must be 18 years of age or older and a US resident.

A) Qualified Referral. A Qualified Referral is defined as:

i) a Company who becomes a PreconSuite customer by purchasing services from PreconSuite after a Referrer entered the Referring Company through the PreconSuite Referral Form

ii) a new Company/Customer to PreconSuite; not a company that PreconSuite is actively speaking with (within the last 12 months) or currently doing business.

iii) the Referred Company and the Referrer cannot be the same person (i.e., by using a different email address).

iv) If you refer multiple people from the same company, that is considered only one (1) referral.

You are limited to one Qualified Referral for each Referred Customer; in other words, additional/repeat purchases made by a Referred Customer are not counted as additional Qualified Referrals.

Step 2: Referred Company Signs as a Customer

A) Qualified Referred Company/Customer

i) Referring Company must sign up with PreconSuite as a new customer within 2 months of being submitted by the Referrer.

ii) Eligibility is limited to companies who are not currently a PreconSuite customer and is not a company PreconSuite is actively speaking with at the time of the referral (within the last 12 months).

iii) It is PreconSuite’s sole discretion as to whether any referral received meets the Qualified Referral requirements set forth in these Terms and Conditions. Your participation is your agreement that such determination is final and at PreconSuite’s discretion.

Step 3: Referrer and New Customer Each Earn $250 Referral Commission

A) Referral Commission. For the Referrer to earn a $250 referral commission, the Referred Company must sign on as a customer within 2 months of being submitted by the Referrer. Referring company/customer must pay at least $250 in invoices for the referral commission to be paid to the Referrer. Since the Referring Company receives $250 towards their first invoice, the first paid invoice may be after the Referring Company’s second month depending on the services they purchase.

B) Referral Commission Payments.

i) For the Referrer: Referrer may choose to receive their commission payment as a $250 credit towards their invoice following the paid invoice(s) of the Referring Company of at least $250; or choose a gift card of the same value. Gift card may be sent via email or through regular mail.

a. There is no maximum Qualified Referrals paid per calendar year. As a Referrer, you are responsible for any and all tax liability resulting from Referral commission payments.

ii) For the Referring Company: Once the Referring Company has signed on as a customer, they will receive a $250 credit towards their first invoice.

1. Confidentiality.

In connection with your participation in this Program, you agree to comply with customer confidentiality provisions.

2. No Spam.

You must comply with the Federal CAN-SPAM Act. For example, emails must be created and distributed in a personal manner and bulk email distribution to prospective referrals is strongly discouraged. Any distribution that could constitute unsolicited email or “spam” under any applicable law or regulation is expressly prohibited and will be grounds for immediate termination and exclusion from PreconSuite’s Referral Program. PreconSuite honors requests of consumers and customers who choose to opt out of receiving marketing emails. We expect you to also comply and honor the requests of those who choose to opt out of emails from you.

3. Independent Contractor Relationship.

Your participation in this Program does not authorize you to act on behalf of our business or any of PreconSuite’s affiliates’ behalf. Nothing contained herein is intended or will be construed to constitute or imply a joint venture, employer-employee relationship, partnership or association between you and PreconSuite or it’s affiliates. Your participation in our Program acknowledges that you are participating at your own risk and as an independent contractor and that PreconSuite is not directing how you perform.

4. Trademarks.

Your participation does not entitle your to use any trademarks, copyrighted materials, patents, marks, names, logos or any other intellectual property owned or licensed by PreconSuite or their respective affiliates.

5. Indemnification.

By participating in the Program, you shall indemnify and hold PreconSuite, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs).

6. Warranty Disclaimers; Limitation of Liability.

You expressly agree your participation in this Program is at your own risk. PreconSuite and its licensors make no representation, warranty, or guaranty as to this Program. The Program is provided to you strictly on an “as is” basis. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law by PreconSuite and its licensors. In no event should our business or any of it’s affiliates be liable for special, indirect, consequential or incidental damages for loss of profits, revenue, use or data as a result of claims, whether brought in contract or tort, arising out of or connected with this Program or the Program Terms.

7. Amendments.

PreconSuite reserves the right to modify and amend these Terms and Conditions and/or the methods through which referral commissions are earned and/or paid. PreconSuite is not required to give you any notice as to amendments to these Terms and Conditions. It is your responsibility to check these Terms and Conditions from time to time for any modifications.

A. Right to Cancel Program or Change Terms. PreconSuite reserves the right to amend or terminate the Referral Program at any time in its sole discretion, for any reason or no reason.

B. Right to Void Referral Commission. PreconSuite reserves the right to void any Referral Commission payments to a Referrer if the Referrer attempts to use the PreconSuite Program in a questionable manner or breaches any of these Terms and Conditions or is in violation of any law, statute or governmental regulation.

8. Acceptance & Jurisdiction.

By participating in this Program, you agree that you have read, understand and will abide, and be bound, by these Program terms. These Program terms shall be governed in all respects in accordance with the law of the State of California. The federal and state courts of California shall have exclusive jurisdiction over any dispute arising hereunder and your participation consents to the same.

9. Other Terms and Conditions.

These Program terms are in addition to and do not in any way limit or alter PreconSuite’ other terms and conditions or agreements pursuant to which our business allows you to participate in the Program.

10. FTC 16 CFR Part 255 Compliance.

PreconSuite complies with the FTC 16 CTR “Guides Concerning the Use of Endorsement and Testimonials in Advertising” and expects you to comply with the same if your choose to post and/or endorse on any of the social media sites in regards to this Program. If you choose to post on any social media sites, you must disclose that your endorsement is paid (i.e., “this is a paid endorsement”). Endorsements must reflect the honest opinions, findings, beliefs, or experience of the endorser. Furthermore, an endorsement may not convey any express or implied representation that would be deceptive if made directly by the advertiser.

11. Assignment.

Your participation may not be assigned by you without the prior written approval of PreconSuite but may be assigned without your consent by PreconSuite to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger. Any purported assignment in violation of this section shall be void.

For questions, please contact us at [email protected] or 949-222-0400.