Effective Date: May 15th, 2024
THIS REFERRAL PROGRAM AGREEMENT BETWEEN YOU AND PRESALES COLLECTIVE GOVERNS YOUR PARTICIPATION IN THE PRESALES COLLECTIVE REFERRAL PROGRAM. PLEASE READ THIS AGREEMENT CAREFULLY. BY ACCEPTING THESE TERMS OF PRESALES COLLECTIVE REFERRAL PROGRAM AGREEMENT AND CONTINUING TO PARTICIPATE IN PRESALES COLLECTIVE REFERRAL PROGRAM YOU WILL BE DEEMED TO HAVE CONFIRMED THAT YOU (A)ARE ABOVE THE AGE OF 18 (EXCEPT IF YOU RESIDE IN THE STATE OF ALABAMA AND NEBRASKA YOU MUST BE 19 YEARS OR OLDER, AND YOU MUST BE 21 YEARS OLD OR OLDER IF YOU RESIDE IN MISSISSIPPI), AND (B) HAVE ACCEPTED PRESALES COLLECTIVE PRIVACY POLICY AND WEBSITE TERMS AND CONDITIONS OF USE AS AN INTEGRAL PARTOF THIS PRESALES COLLECTIVE REFERRAL PROGRAM AGREEMENT.
1. Definitions.
The Company (Presales Collective, we, us) —Presales LLC., a company having its registered office at 228Park Ave SPMB 48593 NewYork, New York 10003-1502, US. — Referral Program Operator.
Participant (You, you) - any user who participates in thePresales Collective Referral Program under the Referral Program Agreement.
Terms of Service - Website Terms and Conditions of use thatcan be found here.
Referral Program Agreement means this Agreement between Youand Presales LLC as amended from time to time.
Referral – a PreSales Collective member submits a referralform for a student that has not applied previously to PreSales Academy.
Successful Referral - a Referral that satisfies thecriteria specified in this Referral Program Agreement, enrolls in PreSalesAcademy, and completes their Stage 2 payment.
Referral Credit - a monetary amount or other benefitconferred by Presales Collective for a Successful Referral.
Referral Form - a URL provided by Presales Collective toyou that can be provided by you to individuals that you wish to refer to PresalesCollective.
“Referral Program” means the program described at [INSERT LINK[BK1] [TG2] ] as governed by thisReferral Program Agreement.
2. Your Eligibility
Presales Collective Referral Program provides You with anopportunity to direct customers to Presales Academy as Referrals by submittinga Referral Form. In order to be eligible to participate in the Referral ProgramYou must follow this Referral Program Agreement and be a Presales CollectiveUser with a Presales Collective Account in good standing; You are prohibitedfrom participating in the Referral Program if you are a User with a PresalesCollective Account that was terminated for any reason or if you are legally orcontractually prohibited to receive Referral Credits. Presales Collectivedetermines if you violated any provision of this Referral Program Agreement,guidelines related to the Referral Program, or other agreement you have with PresalesCollective.
3. Eligible Referrals
If permitted to participate in the Referral Program, youwill be provided with link to a Referral Form which may be provided topotential Presales Collective customers. These individuals must use your nameor email address in the Referral Form to qualify as a Referral. PresalesCollective has the right to approve or reject any applications submitted byReferrals using any criteria that, in their sole discretion, are considered tobe appropriate whether publicized or not. Referrals will not qualifyfor Referral Credits if they previously applied to PreSales Academy at any time , are engaged inactivities identified on the Prohibited Activities List, or do not satisfy any criteria we establish for approval. If the referred student completes their Stage 2 payment, You will receive a Referral Credit if you have been mentioned in the submission of a Referral Form that is associated with that student.
4. Referral Links and Referral Credits
In its sole discretion, Presales Collective may limit Youraccess or usage of Referral Forms, or establish maximum Referral Credits at anytime. Presales Collective owns the rights in Referral Forms and any content orintellectual property connected with it. You will be provided with any earnedReferral Credits by Presales Collective in the way stated on your referral page(e.g. as a gift card). Presales Collective may withhold the Referral Credits ifwe believe that you breached this Referral Agreement or other agreements with PresalesCollective.
5. Restrictions
Participating in the Referral Program, You agree:
- not to represent yourself as an agent or an employee, or suggest any partnership with Presales Collective, or to speak on behalf of Presales Collective;
- not to send any uninvited messages through email, phone, fax, social media, etc.; not to use automatic-dialing apps, scripts, or bots to send messages to third parties; and will at all times comply with applicable laws, including CAN-SPAM, TCPA, and state and federal privacy laws;
- always to send Referral Links as your true self;
- not to impersonate or claim to represent either real or fictitious third parties, or engage in anything that may be considered unfair, deceptive, or abusive acts or practices (UDAAP) or fraud;
- not to create or use Referral Forms in the context of anything that violates individual rights, promotes violence, hate, or discrimination, or is obscene or offensive;
- you will not use the name “Presales Collective” or the Presales Collective trademark or logo in any public advertising or marketing unless expressly permitted to do so by Presales Collective;
- not limit the privacy or intellectual property rights of third parties.
Violation of this section will lead to your terminationfrom the Referral Program and forfeiture of any Referral Credits that you havenot already received.
6. Termination
This Referral Program Agreement is effective as of the timeyou first send or are mentioned in a Referral Form and will terminate uponnotice by either you or Presales Collective to the other party. PresalesCollective may terminate this Referral Program Agreement upon notice to you atany point in time at its sole discretion.
7. Referral Credits issuance and taxes.
By entering this Referral Agreement You have fullresponsibility for all applicable taxes for all earned Referral Credits underthis Agreement, including any withholding requirements that apply to any suchtaxes, and for compliance with all applicable tax laws. You agree to indemnify,defend and hold Presales Collective harmless from any liability for, orassessment of, any claims or penalties or interest with respect to such taxes,including any liability for, or assessment of, taxes imposed on Presales Collectiveby the relevant taxing authorities with respect to any Referral Credits paid toYou or any liability related to the withholding of such taxes.
Referral Credits are considered taxable income and aresubject to local, state, and federal taxes. When the value of the ReferralCredits you have earned reaches $600 or more in a calendar year, a 1099 taxform will be generated and mailed to you for your tax reporting purposes. Inthis case to comply with applicable tax requirements and before releasing theReferral Credits, you agree to provide Presales Collective by its request viaemail within 5 (five) business days with the following information:
Your full name and surname;
Your address (state, city, zip code);
Your social security number;
Your email address and contact phone number.
8. Limitation of liability.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW ANDNOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY ORLIMITATION OF LIABILITY, IN NO EVENT WILL PRESALES COLLECTIVE (OR ITSDIRECTORS, OFFICERS, CONTRACTORS, EMPLOYEES, LICENSORS, SUPPLIERS, SERVICEPROVIDERS, AND BUSINESS PARTNERS IN THEIR CAPACITY AS SUCH) BE LIABLE TO YOUFOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVEDAMAGES OF ANY KIND OR LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF INCOME, LOSSOF USE OR DATA, OR INTERRUPTION OF BUSINESS, UNDER ANY CONTRACT, NEGLIGENCE,STRICT LIABILITY OR OTHER THEORY, ARISING FROM OR RELATING TO YOURPARTICIPATION IN REFERRAL PROGRAM AND THIS AGREEMENT OR ITS SUBJECT MATTER,EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PRESALES COLLECTIVE’SAGGREGATE LIABILITY FOR ANY CLAIMS RELATING TO THIS REFERRAL PROGRAM AGREEMENTWILL BE LIMITED TO AN AMOUNT EQUAL TO THE TOTAL REFERRAL CREDITS PAID TO YOU INTHE PRECEDING THREE MONTH PERIOD.
9. Miscellaneous Provisions.
(a) Presales Collective may modify this Referral ProgramAgreement at any time by posting a new version on the Presales Collectivewebsite.
(b) Privacy Policy and Website Terms of Service. Pleasereview our Privacy Policy and Website Terms of Service, which can be found atthe following addresses respectively [Link to PrivacyPolicy and Terms ofService]. Please read themcarefully because they form part of this Agreement.
(c) Severability. If any portion of this Referral ProgramAgreement is held by a court of competent jurisdiction to be invalid orunenforceable, the remaining portions of this Referral Program Agreement willremain in full force and effect, and any invalid or unenforceable portionsshall be construed in a manner that most closely reflects the effect and intentof the original language. If such construction is not possible, the provisionwill be severed from this Referral Program Agreement, and the rest of theReferral Program Agreement shall remain in full force and effect.
(d) Waivers. The failure by us to enforce any provision ofthis Agreement shall in no way be construed to be a present or future waiver ofsuch provision nor in any way affect our right to enforce such provision or anyother provision in this Agreement thereafter. All waivers by us must be inwriting to be effective.
(e) This Referral Program Agreement constitutes the entireunderstanding between you and Presales Collective for the subject matterdescribed and no other agreements, representations, or warranties other thanthose provided in this Referral Program Agreement will be binding if it is notwritten and signed by both Individual and Presales Collective.
(f) Acknowledgement. By submitting a Referral, you indicate and agree that you have read this Referral Program Agreement, understand it,and agree to be bound by its terms and conditions