Referral Program Agreement
This Referral Program Agreement (the, “Agreement”) is effective as of July 2, 2024 (the “Effective Date”).
1. Introduction
This Agreement sets out the general terms under which FrontApp, Inc. (“Front”) shall provide a current customer’s end user of the Front Services (“Referrer”) an opportunity to receive an incentive for successfully referring potential new customers to purchase Front’s Services (the “Referral Program”). Any individual who participates in the Referral Program is deemed to have accepted the terms of this Agreement. Front’s Privacy Notice will govern the collection of personal data by Front during the Referral Program.
2. Referrer Eligibility
Front’s Referral Program is available only to Referrers who are at least eighteen (18) years of age or have reached the age of majority in their state of residence at the time of participation. Employees, officers and directors of Front, its affiliates, subsidiaries, advertising and promotion agencies, distributors, resellers, partners, and other marketing suppliers, are not eligible. Referrers must be i) current Front users, ii) who use Front through a paying customer subscription, iii) that is in good standing and not delinquent. Those who do not qualify are ineligible for participation in the Referral Program.
3. How to Participate
3.1. In order for a Referrer to successfully make a referral, the Referrer must refer a potential new customer that meets all of the following criteria (a “Qualified Lead”):
Qualified Lead does not have an existing Front account,
Qualified Lead has no prior contact with Front in the last six (6) months,
Qualified Lead successfully completes the steps outlined in Section 4 below.
3.2. Referrer shall send Qualified Leads to Front by filling out the lead form at front.com/customer-referral.
4. Receiving Incentives
When Referrer refers a Qualified Lead, Front will provide Referrer with an incentive in the form of a $500 gift card (the “Incentive”) after the Qualified Lead completes the following steps:
Qualified Lead executes a software-as-a-service agreement with Front for the purchase of the Front Services;
Qualified Lead makes full payment to Front for the use of the Front Services; and
Qualified Lead is approved through Front’s internal verification process.
Incentives will be emailed to the address provided by Referrer within thirty (30) days after the fiscal quarter in which a Qualified Lead completes the steps in Section 4. Front shall not be responsible for email address inaccuracies submitted by the Referrer. Incentives are non-transferable and there is no cash alternative. Incentives shall be limited to one (1) per Qualified Lead submitted.
5. Warranties
5.1. Warranties for Incentives. EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN, AND TO THE FULLEST EXTENT PERMITTED BY LAW, ALL INCENTIVES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND FRONT EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Front is not responsible for and will not replace any lost, damaged or stolen Incentive. Incentives are awarded subject to the terms of the gift card issuer and any terms and conditions set forth on the gift card itself. Referrer shall bear, and is responsible for, all taxes, levies and charges associated with and imposed on the Referrer in connection with this Agreement, the receipt of any Incentive, and any legally required filings required in connection therewith.
5.2. Referrer Warranties. Referrer represents and warrants that it shall not make, and Front shall not be bound by, any offer, acceptance, representation, warranty, or affirmation of fact whatsoever to a Qualified Lead or any third party in respect to Front or the Front Services. Referrer represents and warrants that it has not made payment, and is not aware of any payments made, to a Qualified Lead or any third party with the intention of inducing such Qualified Lead or third party to enter into an agreement with Front for the purchase of Front’s Services.
5.3 Privacy. Referrer acknowledges and agrees that Front may handle all personal data provided by Referrer in connection with the Referral Program as described on Front’s Privacy Notice. By referring any lead to Front, Referrer represents and warrants that Referrer has (a) obtained such individual’s permission to do so for the purposes contemplated by this Agreement, (b) obtained such individual’s prior express written consent for Front specifically to use such individual’s email address or other contact information received from Referrer to contact such individual for marketing purposes, and (c) has complied with its obligations under applicable privacy laws in providing such personal data to Front. Referrer will retain copies of such permissions and consents and provide them to promptly and in no event later than 10 days after receiving Front’s request for them.
6. Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE) SHALL FRONT, OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, SUPPLIERS OR LICENSORS, BE LIABLE TO REFERRER FOR ANY LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA, BUSINESS INTERRUPTION, LOSS OF GOODWILL, COSTS OF COVER OR REPLACEMENT, OR FOR ANY OTHER TYPE OF INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGES INCURRED BY REFERRER IN CONNECTION WITH THIS AGREEMENT. FRONT’S AGGREGATE LIABILITY TO REFERRER, ITS AFFILIATES, OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT SHALL IN NO EVENT EXCEED THE TOTAL INCENTIVES MADE BY FRONT TO REFERRER DURING THE TWELVE (12) MONTHS PRIOR TO THE FIRST EVENT OR OCCURRENCE GIVING RISE TO SUCH LIABILITY.
7. Fraud and Abuse
Front retains the right to review the Incentives payable pursuant to this Agreement for possible fraud or abuse, including investigation into the opening of false Front accounts, where such fraud or abuse may be on the part of a Qualified Lead or Referrer. Front may withhold payment of any Incentive to Referrer should Front suspect fraudulent or abusive activity. For the avoidance of doubt, Incentives shall not be payable with respect to (i) cases in which Referrer used existing promotions to induce a lead to become a Qualified Lead, (ii) cases where Referrer promoted Front through paid advertising to induce a lead to become a Qualified Lead, or (iii) any other means not permitted by this Agreement. In determining whether Referrer has submitted a Qualified Lead, Front reserves the right, in its sole discretion, to reject referrals or accounts and deny participation in the Referral Program for any reason.
8. Miscellaneous
8.1. Governing Law; Venue. This Agreement and any disputes arising under it will be governed by the laws of the State of California without regard to its conflict of laws provisions, and Front Referrer consent to the personal jurisdiction and venue of the state or federal courts located in San Francisco, California.
8.2. Changes to this Agreement. Front reserves the right to update or modify this Agreement from time to time by posting an updated version of this Agreement on its website. Front also reserves the right to cancel this Agreement at any time.
8.3. Feedback. By submitting any feedback or suggestions regarding the Front Services or the Referral Program, or sharing such feedback with Front, Referrer grants to Front an unlimited, irrevocable, perpetual, sub-licensable, transferable, royalty-free license to use such feedback or suggestion(s) for any purpose and without any obligation or compensation to Referrer or any other representative of Referrer. No rights or licenses are granted except as expressly set forth herein.
8.4. Relationship of the Parties. Front and Referrer are and shall be independent contractors with respect to the Referral Program. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the parties, and Referrer does not have any authority of any kind to bind Front in any respect whatsoever. There are no third party beneficiaries to this Agreement.
8.5. Compliance with Laws. Front and Referrer will comply with all applicable federal, state, provincial, and local laws, rules, and regulations in performing its obligations under this Agreement. The parties agree that the Agreement shall be void where prohibited.
.