Terms & Agreement
Participation in the NetTrac Communications Referral Program ("Program") is subject to acceptance by NetTrac Communications ("NetTrac").
NetTrac may accept, reject, suspend or terminate participation where reasonably necessary to administer the Program, prevent fraud or abuse, protect NetTrac or its customers, or enforce this Agreement.
Participation in the Program does not create an employment, agency, partnership, joint venture, franchise, reseller or representative relationship between the referrer and NetTrac.
A referrer has no authority to enter into contracts, make commitments, incur obligations or make representations on behalf of NetTrac.
A referral must result in an eligible new customer purchasing a qualifying NetTrac service through a referral recognized by NetTrac.
Qualifying services currently include:
NetTrac may add, remove or modify qualifying services from time to time.
Referrals may be disqualified if they are duplicate, fictitious, fraudulent, self-generated, improperly attributed, cancelled, refunded or otherwise fail to satisfy Program requirements.
NetTrac's records will determine referral attribution, subscription payment history and commission eligibility.
A referral commission becomes payable only after NetTrac has actually received the full qualifying subscription amount required under the Program.
Where the referral is subject to a twelve-month qualification period, NetTrac must receive payments equal to the qualifying twelve-month subscription value before the referral becomes payable.
Taxes, refunds, credits, promotional discounts, chargebacks, payment reversals, unpaid invoices and other non-qualifying amounts will not be counted toward the qualifying amount.
If a referred customer cancels service, fails to make required payments, receives a refund or successfully disputes a payment before the qualification requirement is completed, the referral may cease to qualify for payment.
Referral commissions will be calculated according to the commission rate applicable to the referral under the Program.
The qualifying subscription value may be established and recorded when the qualifying customer subscription is created.
NetTrac's accounting and payment records will govern the determination of amounts received and commissions payable.
Referrers must act lawfully, honestly and professionally when recommending or promoting NetTrac.
Referrers must not:
The referrer is responsible for ensuring that they have a lawful basis and any consent required before providing NetTrac with another person's personal information.
Referrers must not provide information obtained unlawfully, deceptively or through prohibited unsolicited marketing.
NetTrac makes no representation or guarantee that participation in the Program will result in referrals, customers, commissions, income or any other financial benefit.
Examples of referral compensation are illustrative only and do not constitute a promise or guarantee of earnings.
Referrers are responsible for determining and paying any taxes that may apply to amounts received through the Program.
NetTrac may deduct or withhold amounts where required by applicable law.
NetTrac may modify, suspend or discontinue the Program or amend these Terms from time to time, subject to applicable law.
Where reasonably practical, changes affecting commissions that have already become payable will be handled under the Program terms applicable when those commissions became payable.
NetTrac may suspend or terminate participation for breach of this Agreement, suspected fraud, abuse, unlawful activity, misuse of the NetTrac name or conduct that may reasonably expose NetTrac or its customers to harm or liability.
Termination does not create an entitlement to commissions that had not otherwise become payable under this Agreement.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE REFERRAL PROGRAM AND REFERRAL PLATFORM ARE PROVIDED "AS IS" AND "AS AVAILABLE."
NetTrac does not warrant that the Program will operate without interruption or error, or that any referral will result in a customer, subscription or commission.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NETTRAC COMMUNICATIONS, ITS OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGE, INCLUDING LOSS OF PROFITS, BUSINESS, OPPORTUNITY, DATA OR ANTICIPATED COMMISSIONS, ARISING FROM OR RELATING TO THE REFERRAL PROGRAM.
NETTRAC'S TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATING TO THE PROGRAM SHALL, TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOT EXCEED THE TOTAL REFERRAL COMMISSIONS ACTUALLY PAID TO THE REFERRER DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
Where applicable law does not permit a particular exclusion or limitation, NetTrac's liability shall be limited to the minimum amount permitted by law.
The referrer agrees to indemnify, defend and hold harmless NetTrac Communications and its owners, directors, officers, employees, contractors and affiliates from claims, demands, proceedings, damages, liabilities, losses, costs and reasonable legal expenses arising from or relating to:
NetTrac will not be responsible for delay, interruption or failure caused by circumstances beyond its reasonable control, including Internet or telecommunications failures, power failures, cyberattacks, natural disasters, governmental actions, labour disruptions or failures of third-party service providers.
This Agreement shall be governed by and interpreted in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-law principles.
Subject to any rights that cannot lawfully be waived, the referrer agrees that any dispute, claim or proceeding arising from or relating to this Agreement or the NetTrac Communications Referral Program shall be brought exclusively before the courts located in the Province of Ontario, Canada, and the referrer submits to the jurisdiction of those courts.
If any provision of this Agreement is determined to be invalid or unenforceable, that provision shall be limited or modified to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
This Agreement constitutes the agreement between NetTrac and the referrer concerning participation in the Referral Program and supersedes prior representations concerning the Program.
Electronic acceptance of this Agreement, including acceptance through a checkbox during registration, constitutes the referrer's agreement to be bound by these Terms.
NetTrac may maintain electronic records showing the version accepted, date and time of acceptance and associated Internet Protocol address.
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