Referral Partner Terms of Service
Referral Agreement January 2014
CREXENDO REFERRAL PARTNER PROGRAM TERMS & CONDITIONS
a. “Crexendo” means Crexendo Business Solutions, Inc.
b. “Referral Partner (“Referral”) means individual or company that provides Crexendo information of a potential new Crexendo customer provided to Crexendo. Compensation will be based on sales as defined herein made by Crexendo after approval of Referral by Crexendo.
c. “Referee” means the individual or company referred to Crexendo by the Referral that becomes a Crexendo customer. All Referee’s must be approved by Crexendo.
d. “Crexendo Referral Partner Program” The Crexendo Referral Partner Program is valid only for Referral Partners on service activations for customers that have been originally referred by the Referral. The Referral cannot be an owner, employee, or agent of the Referee. All Referral Partners must be submitted by electronic format. The Referral cannot be a Crexendo employee or family member of a Crexendo employee. All Referees must be approved by Crexendo in its sole reasonable discretion.
2. The Referral is an independent contractor. Referral is not an agent, employee, joint venture or partner of Crexendo. Referral cannot make representations about the Crexendo products, services or this program. Any Referee that becomes a customer of Crexendo by being referred to the service is a customer of Crexendo, not the Referral, for the services procured from Crexendo.
3. Payment. The Referral will be paid residually with the following terms; One month of the monthly service amount that Crexendo charges the customer (not including taxes or fees) which shall be due to Referral after Referee remains a customer in good standing of Crexendo for a period of three months.
4. Cancellation. Misuse of the Crexendo Referral Partner Program may result in the disconnection of Crexendo Referral Partner Program and forfeit of the offer(s). Crexendo may modify or cease its Referral Partner program at any time. Crexendo reserves the right to terminate anyone as an Referral if in its sole determination for any reason including the appearance or content of the Referral’s web site.
5. The Referral Partner Program is subject to the Crexendo Terms and Conditions of service as posted and periodically updated on the Crexendo website at http://www.crexendo.com/referralpartnertermsofservice. We can change the terms at any time, with or without notice. All service to end users is subject to the then current terms of service provided to Crexendo customers.
6. DISCLAIMER OF WARRANTIES. CREXENDO MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE AGREEMENT OR ANY SERVICES OR PRODUCTS THAT MAY BE INVOLVED AT ANY TIME WITH THIS AGREEMENT. CREXENDO DISCLAIMS WARRANTIES (INCLUDING, WITHOUT LIMITATION), FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, OR ANY IMPLIED WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE OR USAGE.
7. DISCLAIMER OF CERTAIN DAMAGES. IN NO EVENT WILL CREXENDO OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, VENDORS AND CONTRACTORS BE LIABLE FOR THE COST OF COVER OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, AGGRAVATED, Referral Agreement May 2013 PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES OR LIABILITIES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO LOSS OF DATA, INFORMATION, REVENUE, PROFIT OR BUSINESS) ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICE OR OTHERWISE, WHETHER ARISING IN FACT, LAW, EQUITY, CONTRACT, TORT (INCLUDING NEGLIGENCE AS DESCRIBED ABOVE), STRICT LIABILITY, UNDER STATUTE, UNDER WARRANTY OR OTHER THEORY EVEN IF CREXENDO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REFERRAL EXPRESSLY ACKNOWLEDGES THAT IT IS SUBJECT TO SUCH WARRANTY, WARRANTY LIMITATIONS, AND DISCLAIMERS OF CERTAIN DAMAGES AS IF REFERRAL WERE A CUSTOMER OF CREXENDO.
8. Any disputes arising under this Agreement or connected herewith shall solely and exclusively be settled by an arbitration to be conducted by a single arbitrator in accordance with the Rules of the American Arbitration Association then in effect. Arbitration proceedings shall take place in Maricopa County, Arizona, and the arbitrator(s) shall apply the laws of the State of Arizona to all issues in dispute. The findings of the arbitrator(s) shall be final and binding on the Parties. Judgment may be entered in any court of appropriate jurisdiction, or application may be made to that court for a judicial acceptance of the award and an order of enforcement, as the party seeking to enforce that award may elect.
Please approve and return this confirmation of acceptance of the Crexendo Referral Partner Program Terms and Conditions and a completed W-9 to Crexendo Business Solutions, Inc. This agreement becomes effective upon Crexendo’s receipt and acceptance of the approved agreement.