Customer Referral Program (Referral Commissions) – Terms of Use Effective Date: February 12, 2024 🖨️ Print Current Archive To participate in the Customer Referral Program, open a WildApricot account. In the dashboard there is a link to the Referrals page. Within this account you will be able to see all referrals created with your referral code (billable accounts as well as free and trial accounts). New accounts are considered referred by you if they sign up using your referral code. Accounts receiving a multi-chapter discount are not eligible to receive a referral commission. Referral commissions are accrued on each payment transaction for each referred billable account as 10% of the transaction for the first 2 years on that particular account or until it is closed, whichever comes earlier. Let’s say you refer an account and they choose a billable plan at $100 per month on July 1, 2023. Then, on December 1, 2024, the referred party upgrades to the $200 per month plan. Subject to receipt of payment from referred party, referral commissions will be accrued to you at $10/month from July 2023 to December 2024 and $20/month starting in January of 2025. If there are multiple people with access to your WildApricot account, each one of them can access the Referrals page and send a referral link. All referrals are counted together for your account, i.e. we do not track and pay out referrals by each individual, only the total for your entire account. Referrals can be paid out monthly but only if the current total accumulated commissions reached $100 (the “Commission Payment Floor”) or more. Contact us and specify the preferred payment method and Payee details. We will deduct any taxes that we are required by law to withhold. If the commissions payable to you for any month are less than the Commission Payment Floor, we will hold those commissions until the total amount due is at least equal to the Commission Payment Floor. The Commission Payment Floor is subject to change at any time or from time to time. You will be notified of any change in the Commission Payment Floor via an email to your notification email address for your WildApricot account. Referral commission payments are made in US funds via a check or Paypal. Referral commission payments can only be requested and will be paid out exclusively to the individual who initially opened the referring account; this excludes other users with access to the same account. Only active accounts are eligible to request a referral commission as long as they meet our criteria. Accounts that have been suspended or deleted are not qualified to initiate payout requests. Your account must be in good-standing and you must not be in breach of any agreement between yourself and WildApricot in order to be eligible to receive referral commissions. We reserve the right to change or discontinue the Customer Referral Program at any time. We may change our policies, terms, and operating procedures at any time and your continued use of the Customer Referral Program is your assent to the change or modified policies, terms, and operating procedures. Product/Service prices and availability may vary from time to time. Because price changes may affect items that you already have listed on your site, you may not include price information in your descriptions. We will use reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular Product/Service. WildApricot Inc. does not participate in mass, unsolicited emailings (i.e. spamming), and all Customer Referral Program participants have to adhere to this policy. You may only send individual referral emails to your personal contacts and/or to permission-based opt-in email lists. Violation of this policy will result in the termination of the Customer Referral Program agreement and immediate dismissal from our Customer Referral Program with all accumulated commissions voided. We may reject your Customer Referral Program enrollment for any reason or no reason. If you are an individual, you must be at least the age of 18 (or the age of majority in your state, locality or jurisdiction in which you reside) in order to become a Customer Referral Program partner. You are prohibited from enrolling into our Customer Referral Program if your site or service(s) are involved in unlawful activity or contain objectionable material including by way of example only: a site or services containing images or content that is in any way unlawful, harmful, threatening, defamatory, obscene, or otherwise legally prohibited, a site or services facilitating illegal activity or considered obscene or harmful to minors or not in compliance with applicable laws; a site or services promoting fraudulent, unlawful, misleading, or unfair business practices, a site or services promoting violence, a site or services that has sent unsolicited commercial e-mail within the past four years, a site or services that intends on sending unsolicited commercial e-mail at any time during the term of this agreement, a site or services promoting discrimination based on race, sex, religion, nationality, disability, or age, a site or services incorporating any materials which infringe or assist others to infringe on any copyright, trademarks, patents, or other intellectual property rights, or a site or services involving unfair competition (collectively “Content Restrictions”). You agree: (i) to conduct business in a manner that reflects favorably at all times on the good name, goodwill and reputation of WildApricot and the WildApricot offerings; (ii) to conscientiously avoid deceptive, misleading or unethical practices that are or might be detrimental to WildApricot or the public, including but not limited to, disparagement of WildApricot or its offerings; (iii) not to publish or employ or cooperate in the publication or employment of, any misleading or deceptive advertising material; (iv) to make no representations, warranties or guarantees to customers or prospective customers or others, with respect to the specifications, features or capabilities of the WildApricot offerings that are inconsistent with or in addition to the literature distributed by WildApricot; and (v) not to engage in any acts prohibited by any applicable law, including, but not limited to, antitrust or unfair trade practice laws, which prohibit various forms of predatory, discriminatory or below-cost pricing. You agree to indemnify and hold WildApricot and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) WildApricot or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third-party related to or arising from your participation in this Referral Program or participation by any person using your user name and/or password, including without limitation any claim that such use violates any applicable law or regulation. We will process orders placed by customers who follow the referral links from your site to our site(s). We reserve the right to reject orders that do not comply with certain requirements that we have periodically, or may in the future establish. We will be solely responsible for all aspects of order processing and fulfillment, including, but not limited to, order entry, payment processing, shipping, cancellations, returns and related customer service. We will track the volume and amount of sales generated by your site and will make unaudited reports, summarizing this sales activity, available to you through our site. The form, content, and frequency of the reports may vary from time to time in our discretion. To permit accurate tracking, reporting, and fee accrual, you must ensure that the referral links are properly formatted. Chargebacks and Creditbacks. While this will not constitute our exclusive remedy – we will not pay any Customer Referral Program participants who have chargebacks and creditbacks of 10% or greater. Creditback is defined as customers who cancel their plan and receive a credit. Chargeback is defined as a refund of payment for customers after the credit card has been processed. Additionally, WildApricot may invoice you for any chargeback/creditback amounts (and you will promptly pay such invoice) and/or such chargeback/creditback amount will be withheld from future commission fees. As a Customer Referral Program Partner, you will be entitled to the commission as described above and which may be changed or modified from time to time at our sole discretion. In order for a commission to be paid, the customer who you referred to our site will be tracked by our internal tracking system from the time of the Link is activated until the time of the sale. No commission will be paid if the visitor to our site cannot be tracked by our system. By your continued use of our sites and your involvement and use of our Customer Referral Program and by your continued sending of traffic to us for which you expect compensation under our Customer Referral Program, you hereby acknowledge and agree that the above definitions have controlled your relationship with us from the inception of your involvement in any of our Customer Referral Program, or those of our predecessors, and that you hereby fully waive any and all claims against us related to or arising out of theories or allegations or arguments that the above defined items should be given different definitions than those above or that you believed that the items above had different definitions at any point in time or that you reasonably relied on the above items having different definitions than the above or that such definitions have caused or will cause underpayment of commissions to you. For a purchase to generate a commission, the customer must follow the Link from your site to our site, and completely and successfully sign up for a free trial or membership through our online ordering system. For purposes of illustration only: (i) if a visitor comes to our site once from a link from Site A, but does not sign up and then later returns to our site from a link from Site B, where they then sign up – all commissions will be paid to Site B; (ii) if a visitor comes to our site from Site A, but does not sign up and later returns directly to our site to sign up no commission will be paid. Anti-Spamming Policy. We prohibit you from engaging in any form of unsolicited commercial emailing (commonly referred to as “spamming”) or the sending of e-mails that are misleading, spoofed, contain misleading subject lines, contain inaccurate or misleading sender or recipient data, or violate applicable laws. For the purposes of our definition, spamming also includes similar, abusive behavior in a third party “chat room” or website or the sending of unsolicited or misleading Instant Messages, Chatroom, Newsgroup, ICQ or IRC messages. Such behavior could include automatically sending scripted text (and website URLs) disguised as “chat” or conversation into any third party chat room. WildApricot Inc. at its own discretion and not as its exclusive remedy, reserves the right to suspend, terminate or by any other method, discipline any Customer Referral Program Partner without further notice or pay if it is determined that the Customer Referral Program Partner was spamming or in violation of this provision or in violation of applicable law. You hereby represent, agree, and warrant that you shall only send commercial e-mail to those who opted-in and consented to receive such commercial e-mail and you further represent, agree, and warrant that as proof of the above you shall maintain, use, and update in real time an “E-Mail Database” that contains a full audit trail of all persons or entities who opted-in and consented to receive any commercial e-mail advertisements sent by you (or at your request) during the term of this agreement including, the date of the opt-in consent, the manner, date, time, location (URL if by web form), scope, and method of the opt-in consent, the e-mail address (and PII and/or Static IP address if obtained) that opted-in, and all the e-mails sent to such e-mail address, and requests to opt-out by such e-mail address along with the manner, date, time, location (URL if by web form), scope, and method of such opt-out. You hereby agree to act expeditiously to remedy any and all complaints of spam or unsolicited commercial e-mail, including but not limited to, opting-out such persons from receiving further e-mails from you. You further agree to fully and immediately respond to any and all requests or queries we make of you requesting information and/or written reports of data located in the E-Mail Database. In addition, you agree to make immediately available to us for inspection and querying, upon our demand of you during the term of this agreement and for five years after termination, the E-Mail Database in a usable and secure manner remotely or in person at our discretion. You also agree to preserve the integrity of the data in the E-Mail Database, to, amongst other things, provide evidence of opt-in consent of all e-mails sent during the term(s) of this agreement, and all such E-Mail Database data will be preserved (and not erased or destroyed) during the term of this agreement and for at least five years thereafter. WILDAPRICOT MAKES NO WARRANTY OF ANY KIND TO YOU WITH REGARD TO ITS PRODUCTS AND SERVICES. WILDAPRICOT EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE OR TRADE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WILDAPRICOT’S TOTAL CUMULATIVE LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY ARISING OUT OF OR RELATED TO THE REFERRAL PROGRAM AND/OR THESE TERMS WILL BE LIMITED TO AND WILL NOT EXCEED THE AMOUNTS PAID BY WILDAPRICOT TO YOU UNDER THESE TERMS DURING THE SIX (6) MONTH PERIOD PRIOR TO THE DATE THE CLAIM AROSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WILDAPRICOT BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH THE REFERRAL PROGRAM AND/OR THESE TERMS WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT [INSERT COMPANY NAME] HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.