These terms and conditions (“Program Terms”) govern the Dynamix Referral Program (the “Program”) for all participants.
(a) Dynamix will make all determinations regarding participation in the Program. Dynamix may terminate any participant from the Program or cancel the entire Program at any time for any reason by giving written notice to participants.
(b) An individual is not eligible to participate in the Program if he or she works for an employer which has a contractual compensation arrangement with Dynamix other than these Program Terms or is a Dynamix employee who is paid commissions.
(c) Dynamix will not double-pay for referrals. A business which has a contractual compensation arrangement with Dynamix (e.g. a channel partner) will be compensated only under these Program Terms if it submits a referral as part of the Program.
(d) Acceptance of these Program Terms will terminate any previously executed Affiliate Agreement between the participant and Dynamix.
(a) Dynamix shall pay $50 for each end-user handset associated with a successful referral, up to $10,000 per successful referral. Once a referral becomes a successful referral (as defined in section 13 of these Program Terms), Dynamix will compensate a participant for the number of billable handsets on the customer’s account, excluding handsets billed as low-usage devices, and excluding handsets that Dynamix deems to be temporary due to the seasonality of the business (e.g. Tax Preparation). Dynamix may delay payment up to 12 months in order to assess whether the business is seasonal. Dynamix will direct payment to the individual or entity whose information is submitted with the referral at dynamixcloud.com/refer. Dynamix will not pay any participant until the participant has provided a completed W-9 form to Dynamix.
(b) Dynamix is not required to give specific reasons why a particular referral has not been deemed a qualified or successful referral, or to make these decisions in a specific amount of time.
3. Independent Contractor
Each participant in the Program is an independent contractor, and no participant is authorized to act on Dynamix’s behalf. The participant hereby acknowledges that Dynamix does not direct it how to perform its obligations . Nothing in these Program Terms will be construed to create a joint venture, employer-employee relationship, partnership, or association between Dynamix and the participant.
The participants shall not use any trademarks, copyrighted materials, patents, names, logos or other intellectual property owned or licensed by Dynamix, except as they may be included in materials provided by Dynamix.
The participant shall indemnify Dynamix and its representatives against any claims arising from its participation in the Program. This obligation includes court costs and attorney’s fees.
6. Warranty Disclaimers; Limit of Liability
(a) Participation in the Program is at the participant’s own risk. Dynamix provides the program “as is” without warranty of any kind, express or implied.
(b) In no event will Dynamix be liable for incidental or consequential damages or for loss of profits, revenue, or data as a result of claims arising out of or connected with these program terms or the program, whether brought in contract or tort, even if Dynamix has been advised of the possibility of such damages. This limitation does not apply to amounts owed under section 2 of these Program Terms.
Dynamix may change the Program Terms at any time by providing notice to the participant. Participation in the Program at any time after Dynamix provides this notice will constitute acceptance of the changes.
Dynamix may give notice under this agreement in any reasonable manner, including by email using the email address submitted with the referral via dynamixcloud.com/refer.
9. Governing Law; Jurisdiction
These Program Terms are governed by the laws of the State of Florida. The parties hereby consent to the exclusive personal jurisdiction of the courts in Broward County, Florida and waive any objection as to venue or inconvenient forum.
Dynamix may assign its rights and obligations under this agreement to any party. The participant shall not assign its rights or obligations under this agreement without Dynamix’s written consent.
Failure to enforce a right or provision under this agreement does not constitute a waiver of that right or provision.
In accordance with 15 USC § 7701 et seq. (the CAN-SPAM Act), if a participant designates a referral email address that has previously opted out of receiving marketing emails from Dynamix, the participant will be advised that the email address is not eligible to be sent a Program email.
In this agreement, the following definitions apply.
“qualified referral” means a business which (1) a participant submits as a referral using Dynamix’s referral submission form at dynamixcloud.com/refer; (2) is not a current, pending, or last-30-days customer of Dynamix, based on the date the referral is submitted; (3) is not the participant’s employer; (4) has a personal connection to the participant; and (5) is willing to discuss purchasing a hosted phone system.
“successful referral” means a qualified referral which (1) purchases Dynamix’s hosted phone service no more than 12 months after the referral was submitted and (2) keeps current with payments for 90 days after the start of billing.
Version 1.1 January, 2018