Terms and Conditions
PLEASE READ THE FOLLOWING STACK REFERRAL PROGRAM TERMS AND CONDITIONS CAREFULLY BERFORE PARTICIPATING IN THE PROGRAM. PARTICIPATION IN THIS PROGRAM CONSTITUTES YOUR ACCEPTANCES OF ALL THE PROGRAM TERMS AND CONDITIONS.
We are excited that you are choosing to participate in the STACK referral program. Your participation in and use of the program is strictly subject to the program terms and STACK Construction Technologies’ terms. If you have any questions, please feel free to contact us at email@example.com.
Participant Acceptance and Termination
We can and will make all determinations regarding participation in the program. We reserve the right to terminate your participation in the program at any time for any reason or no reason, to the extent permitted by law, upon written notice to you. Any written notices required or permitted hereunder may be delivered by email to firstname.lastname@example.org. By participating in the program, you consent to delivery of all program-related notices and information by email to the email address you have registered with and acknowledge that you have the necessary equipment (hardware and software) to receive such emails.
Qualified Referrals and Payment
Qualified referrals must (i) be new customers to STACK Construction Technologies: for purposes of the program, “new customer” does not include either (1) a person who is a current or pending customer (2) a person who was a customer within the 30 days immediately prior to the date a referral email invitation was sent to that person; (ii) satisfy all enrollment requirements; (iii) enroll online by linking to the website using the personal link generated by the referral program (enrollments from emails or links not generated by the Program are not eligible for bill credits); (iv) remain enrolled for at least 90 consecutive days; and (v) have “cookies” enabled on the computer from which the enrollment is executed. Eligible participants will be issued a commission for each qualified referral. The amount of such commission will be determined based upon the current offer at the time of the applicable qualified referral’s enrollment. The commission amount offered may be changed at any time prior to enrollment of a qualified referral without notice to you or your referrals. The referral program page on the STACK Construction Technologies website will contain up-to-date information regarding the current offered amount. Such commission will be distributed on a quarterly basis as soon as the qualified referral has met all requirements. By participating in the program, you agree that we shall make the final determination as to whether any referral meets all requirements to be considered a qualified referral. From time to time, there may be limited-time promotions which provide for increased incentive payments. They are subject to change without notice to you by updating the information on the referral program page on the STACK Construction Technologies website.
STACK Construction Technologies will provide you with access to the program, which you may use to track your referrals and payment determinations with respect thereto; provided, that your use of the program is strictly subject to the Program Terms. STACK Construction Technologies will update the program with your account information periodically, including setting forth the email addresses to which you have sent an enrollment request email and whether a particular referral is a qualified referral. We are not obligated to and will not release to you the reasons why a particular referral has not been deemed a qualified referral.
CAN-SPAM Act Compliance
STACK Construction Technologies complies with the federal CAN-SPAM Act and honors requests of consumers and customers who choose to opt out of receiving marketing emails. Accordingly, we expect you to also comply with the federal CAN-SPAM Act and honor the requests of those who choose to opt out of receiving marketing emails from you.
In connection with your participation in the program, you may receive confidential and proprietary information belonging to STACK Construction Technologies, including sensitive customer data (“Information”). You will maintain all of such information in strict confidence and use the Information only in connection with your participation in the program. Notwithstanding anything to the contrary contained herein, you agree that you will comply with the customer confidentiality provisions.
Independent Contractor Relationship
Your participation in the program does not authorize you to act on our business’s, its parent’s or their respective affiliates’ behalf. Nothing herein is intended or will be construed to constitute or imply a joint venture, employer-employee relationship, partnership or association between you and STACK Construction Technologies, its parent or their respective affiliates. By participating in the program, you acknowledge that you do so at your own risk and as an independent contractor and that STACK Construction Technologies is not directing how you perform your obligations hereunder.
Other than with respect to materials provided to in connection with your participation in the program, your status as a participant in the program does not entitle you to use any trademarks, copyrighted materials, patents, names, logos or other intellectual property owned or licensed by , its parent or their respective affiliates.
By participating in the program, you agree to and will indemnify and hold our business, its parent and their respective affiliates harmless from and against any and all damages, costs, expenses, claims or liabilities of any kind, including third party claims, whether pending or threatened, including without limitation, attorneys’ fees and court costs, incurred by any of them arising out of or related to your participation in the program or breach of these Program Terms.
Warranty Disclaimers; Limitation of Liability
YOU EXPRESSLY AGREE THAT YOUR PARTICIPATION IN THE PROGRAM IS AT YOUR OWN RISK. THE PROGRAM IS MADE AVAILABLE TO YOU ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. NEITHER STACK CONSTRUCTION TECHNOLOGIES, ITS PARENT NOR ANY OF THEIR RESPECTIVE AFFILIATES, THROUGH THESE PROGRAM TERMS, MAKES ANY WARRANTY REGARDING THE PROGRAM, AND EACH EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL OUR BUSINESS, ITS PARENT OR ANY OF THEIR RESPECTIVE AFFILIATES BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR 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 THESE PROGRAM TERMS OR THE PROGRAM, EVEN IF CLIENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
These Program Terms may be altered, changed, modified or assigned by STACK Construction Technologies at any time by providing notice to you. Your participation in the program at any time after our business provides you such notice of changes will constitute your agreement to such changes.
Other Terms and Conditions
These Program Terms are in addition to and do not in any way limit or alter STACK Construction Technologies’ other terms and conditions or agreements pursuant to which our business allows you to participate in the program and/or use our business’s MyAccount.
Acceptance and Jurisdiction
By participating in the 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 laws of the State of Ohio without regard to the conflict or choice of law rules thereof. The federal and state courts Ohio shall have exclusive jurisdiction over any dispute arising hereunder and by participating in the program you consent to same.
You may not assign the right to participate in the program to any other party. We may assign these Program Terms or assign or delegate any of its rights or responsibilities hereunder to independent contractors or other third parties. We shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and executed by an authorized representative of STACK Construction Technologies. No delay or omission by our business in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions. © 2017 STACK Construction Estimating Software – Portions Patent Pending, All Rights Reserved.
FTC 16 CFR Part 255 Compliance