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Terms of Agreement
DEXCOMM “VOICES” CUSTOMER REFERRAL PROGRAM RULES
Effective: January 11, 2017
Last revised: July 28, 2017
PROGRAM OVERVIEW: The Dexcomm Voices Referral Program (the “Referral Program”) is offered by Answering Bureau, Inc. d/b/a Dexcomm (“Dexcomm”) and provides the opportunity to refer friends, colleagues and associates to Dexcomm and receive compensation. You must be a current Dexcomm customer and be enrolled in the Referral Program to participate.
PROGRAM DETAILS: Dexcomm will award cash (or if cash is prohibited, at Dexcomm’s discretion, an account credit or mutually agreeable alternative) and/or prizes (the “Reward”) to any Eligible Referrer (as defined below) who provides an Eligible Customer Referral (as defined below) or other accepted submission in compliance with these Referral Program Rules (the “Rules”). Rewards will be calculated based on a points system. The Reward will be issued to the Eligible Referrer during the month of January in the year following the accumulation of Reward points.
A W-9 tax form must be completed by the Eligible Referrer and submitted to Dexcomm within the ninety (90) days prior to the end of the calendar year in which you enrolled in the Referral Program or the Reward shall be forfeited. The Referral Program is valid only in the United States and cannot be combined with any other offers or programs. Dexcomm reserves the right to add, modify and/or delete any Rewards and/or requirements to receive any Rewards. Dexcomm’s decision with respect to all aspects of the Referral Program is final and binding.
DEFINITION OF AN ELIGIBLE REFERRER: To qualify as an “Eligible Referrer”:
(1) you must be: (a) a legal resident of the fifty (50) United States, the District of Columbia, or Puerto Rico, who is 18 years of age or older; or (b) a business operating in the United States; (2) you or your business must be a current Dexcomm customer; and (3) your existing Dexcomm account(s) must be in good standing at the time of the referral.
Current Dexcomm customers, as well as former Dexcomm customers, are prohibited from referring themselves. However, current Dexcomm customers may refer other divisions or offices of their company who are not currently Dexcomm customers.
DEFINITION OF AN ELIGIBLE CUSTOMER REFERRAL: To qualify as an Eligible Customer Referral, all required fields on the referral form must be completed, and a personal introduction with the referred party must be made. This consists of an introductory email, letter or telephone call; or a personal meeting in which a Dexcomm sales representative participates.
DEFINITION OF AN ELIGIBLE NEW CUSTOMER: An “Eligible New Customer” is an individual or business that (1) is not currently, and has never previously been, a Dexcomm customer; (2) is not already registered as a Dexcomm lead or contact in Dexcomm’s business records; (3) contracts to receive Dexcomm services while this Referral Program is still active; and (4) maintains an active Dexcomm account in good standing for at least ninety (90) days. Former Dexcomm customers are prohibited from qualifying as an Eligible New Customer.
You agree not to abuse any Dexcomm resource, online registration mechanism or the tools in the Referral Program Website by conduct which is, or can be, interpreted to be detrimental to the brand, trademark or interests of Dexcomm, including without limitation attempting to make referrals or receive rewards in a manner inconsistent with these Rules or the intent of these Rules, attempting to earn rewards through illegitimate channels, participating in fraud, or tampering with the Referral Program or its tools.
HOW TO EARN REWARD POINTS AND PRIZES: Registration for the Referral Program can be made at voices.dexcomm.com (the “Referral Website”). After you have completed the Referral Website registration process, you will have the option of earning Reward points by (a) submitting directly to Dexcomm via the appropriate form on the Referral Website: (i) your referrals, or (ii) a testimonial about your own or your company’s experience with Dexcomm’s services, or (iii) a blog or article for publication on the Dexcomm website whose topic is appropriate to the customer communications industry, or (b) agreeing to be the subject of a case study (if selected) about your experience with Dexcomm, to be used for marketing purposes by Dexcomm.
Reward points will be awarded on the basis of successful completion and submission of official Referral Program forms and acceptance of such forms by Dexcomm. Reward points value shall be set as outlined below, subject to change without notice at any time.
- Initial points bonus for joining program: 5*
- Referral submission (upon acceptance): 10
- Closed referral resulting in a new customer: 50**
- Testimonial submitted (upon acceptance): 15
- Blog/article submitted (upon acceptance): 20
- Case study participation (upon acceptance): 25
Prizes will be awarded on the basis of the number of Eligible New Customers. Prizes will be tiered and awarded as outlined below.*** For details about available prizes, please visit voices.dexcomm.com/referral-prizes. Prizes are subject to change without notice at any time.
- Tier 1: 2 Eligible New Customers
- Tier 2: 5 Eligible New Customers
- Tier 3: 10 Eligible New Customers
- Tier 4: 15 Eligible New Customers
*In order to Receive the initial points bonus for joining the Referral Program, you must also complete and submit an additional Accepted Submission within the calendar year in which you enrolled. If an additional Accepted Submission has not been received and approved within such calendar year, the Reward for such calendar year shall be deemed forfeited.
**New customer bonus points (50) must be confirmed by Dexcomm and awarded only after an Eligible New Customer has been a Dexcomm customer for at least ninety (90) days. Reward points value and submission criteria may be changed by Dexcomm at any time. Actions earning points may be added, modified or deleted at any time, at the sole discretion of Dexcomm.
***An Eligible Referrer will receive credit for each of its Eligible New Customers and may claim its prize when the number of its Eligible New Customers meets or exceeds the above thresholds. Upon claiming its prize, the Eligible Referrer cannot use such Eligible New Customers to claim additional prizes. For example, if an Eligible Referrer has six Eligible New Customers and claims a Tier 1 prize, it must obtain an additional Eligible New Customer before it can claim a Tier 2 prize.When contacting a potential referral on behalf of Dexcomm you must expressly state that you are participating in this Referral Program. Your email, letter, text or telephone call must be created and distributed in a personal manner that is appropriate and customary for communications with friends, colleagues or business associates. Sending mass email messages (to multiple recipients at the same time), distribution to strangers, or any other promotion in a manner that would constitute or appear to constitute unsolicited commercial email or “spam,” is expressly prohibited and may be (at Dexcomm’s sole discretion) grounds for termination from the Referral Program.
Further, any invitation to a potential new Dexcomm customer must comply with all applicable laws including, but not limited to, CAN-SPAM.
Regardless of how the Eligible Referrer has registered to participate in the Referral Program, should an Eligible New Customer be referred by more than one Eligible Referrer, only the original Eligible Referrer validated by Dexcomm shall be entitled to be considered to receive all or any portion of the Reward points. Referrals are considered active for one (1) year and shall expire after such time. If a prospective Dexcomm customer has not contracted to receive Dexcomm services within one (1) year after the Eligible Referrer submits a referral, said referral shall expire and the requisite Eligible Referrer shall not be entitled to Reward points if the prospective Dexcomm customer subsequently contracts to receive Dexcomm services.
REWARD ISSUANCE: If there is a preferred Reward issuance method within the Program (e.g., cash or account credit), it is the sole responsibility of the Eligible Referrer to promptly communicate the desired method of Reward issuance either: (a) during the registration process; or (b) to email@example.com. If no specific election of Reward issuance method has been made, the Reward will be issued to the Eligible Referrer in the form of a check. A W-9 form must be completed, submitted and approved for all Rewards, regardless of method, and the W-9 form must match the name of the person or company receiving the reward. If a valid and complete W-9 form has not been received and approved within the ninety (90) days prior to the end of the calendar year in which you enrolled in the Referral Program, the Reward shall be deemed forfeited. In the event the Eligible Referrer’s Dexcomm account has a past due balance, Dexcomm may elect to offset the Reward against any such past due balance. In any case, Rewards are considered taxable income and are subject to local, state and federal taxes. If the Eligible Referrer is eligible to participate in a Rewards program, when the value of the reward payout reaches Six Hundred Dollars ($600.00) or more in a calendar year, a 1099 tax form will be generated and mailed to you for tax reporting purposes. Dexcomm recommends that you keep all statements and documents for record keeping purposes.
GENERAL CONDITIONS: By participating in the Referral Program, you agree to release, discharge, indemnify and hold harmless Dexcomm, its subsidiaries, affiliates, and advertising and promotion agencies, and all of their respective officers, directors, shareholders, employees and agents (collectively, “Released Parties”) from any/all liability, claim or damages which may arise out of or relate to participation in the Referral Program or the acceptance, use, misuse or possession of any Reward or products attained through this Referral Program. You further agree not to: (a) bind Dexcomm or create any obligation (express or implied) or negotiate prices or other terms and conditions on Dexcomm’s behalf (nor represent to any person, including any prospective Dexcomm customer or Eligible New Customer, that you have authority to do so); or (b) make any claims regarding the Dexcomm services beyond those made by Dexcomm in the documentation relating to Dexcomm services available at http://www.dexcomm.com. Moreover, you also agree that any promotion methods that you use to promote Dexcomm products and services to prospective Dexcomm customers shall be in accordance with all applicable laws and regulations. All applicable federal, state, and local laws and regulations apply.
DEXCOMM MARKS. You acknowledge that Dexcomm’s names, logos, trademarks, service marks and other intellectual property (and the names of certain products and packages that are provided by Dexcomm) (collectively, “Dexcomm Marks”) are the exclusive property of Dexcomm and that you do not have any proprietary rights therein. You may only use and display Dexcomm Marks to the extent specifically designated or authorized in advance by Dexcomm. Any marketing materials, communications and displays produced by you shall: (1) be produced at your sole cost and expense; (2) comport with reasonable standards of good taste; (3) comply with Dexcomm’s then-current marketing and legal compliance guidelines and rules, which may be updated from time to time; and (4) comply with applicable laws. For the avoidance of doubt, all publications or public displays using Dexcomm Marks must be reviewed and approved in advance by Dexcomm prior to first use. All Dexcomm Marks are and will remain the sole property of Dexcomm. The permissions to use Dexcomm Marks are revocable by Dexcomm at any time in Dexcomm’s sole discretion upon thirty (30) days’ notice and immediately without opportunity to cure if, at Dexcomm’s sole discretion, you infringe or improperly use or publish any Dexcomm Marks. For avoidance of doubt, all applicable federal, state and local laws and regulations apply.
Released Parties are not responsible for late, lost, incomplete, delayed, inaccurate, garbled, undelivered, or misdirected referrals or Rewards or other errors or problems of any kind arising out of or related to the Referral Program, whether printing, typographical, technical, computer, network, human, mechanical, electronic or otherwise, including without limitation errors or problems which may occur in connection with the administration of the Referral Program, the verification of Eligible New Customers, the tracking of referrals and Eligible New Customers, the announcement of the Rewards or in any Referral Program-related materials. Persons found tampering with or abusing any aspect of this Referral Program, who are acting in a disruptive or unsportsmanlike manner or who are otherwise not in compliance with these terms as solely determined by Dexcomm will be disqualified from the Referral Program and all points and/or Rewards will immediately be deemed void. Released Parties are not responsible for injury or damage to participants’ or to any other person’s computer arising out of or related to participating in this Referral Program or downloading materials from or use of the Referral Website.
Dexcomm reserves the right at any time to modify, suspend or cancel the Referral Program or the Rules at any time. Any changes Dexcomm makes will be effective immediately on notice, which it may give either by posting on the Referral Website or via e-mail. Your participation in the Referral Program after such notice will be deemed acceptance of such changes. You should review these Rules periodically to ensure familiarity with the most current version. You will always be able to tell when the version was last updated by checking the “Last Revised” date at the top of these Rules. All questions or disputes regarding the Referral Program, including without limitation those involving eligibility, participation, fraud and abuse will be resolved by Dexcomm.
Dexcomm also reserves the right to disqualify and deregister you in the event that Dexcomm determines that you have violated any of these Rules, which determination shall be final. In the event of such disqualification or deregistration, you forfeit the rights to receive, and Dexcomm is not obligated to honor or pay any Rewards which vest on or after the date of such effective disqualification or deregistration.
Dexcomm also reserves the right to deregister you from the Rewards Program if, in the previous 12-month period, you have not actively participated in the Rewards Program by submitting a qualifying referral, testimonial, case study, or blog/article.
Your participation in the Referral Program constitutes permission for Dexcomm and its designees to use your name, biographical information, image, likeness, statements about the Referral Program and/or any statements or materials submitted in connection with the Referral Program for advertising, trade, promotional and other purposes, in any manner, in any and all media now or hereafter devised, worldwide, in perpetuity, without additional compensation, notification or permission, unless prohibited by law.
Except where prohibited, all issues and questions concerning the construction, validity, interpretation and enforceability of these Rules, or the rights and obligations of the participant and Dexcomm in connection with the Referral Program, shall be governed by, and construed in accordance with, the laws of the State of Louisiana, without giving effect to any choice of law or conflict of law rules (whether of the State of Louisiana, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Louisiana.
WARRANTY. DEXCOMM MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO ANY SERVICES OR PRODUCTS CONTEMPLATED BY THIS AGREEMENT. DEXCOMM DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE AND MERCHANTABILITY.
By participating in the Referral Program, you agree, affirm, and represent that you have read and understand these Rules. In addition, you affirm and represent that you have complied with all the Rules, as well as Dexcomm’s Terms of Service (as applicable), and have not committed any fraud or deception in entering the Referral Program.
LIMITATION OF LIABILITY: NEITHER DEXCOMM, NOR ANY OF THE OTHER RELEASED PARTIES, SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF REVENUE, EVEN IF DEXCOMM OR THE RELEASED PARTIES HAVE BEEN INFORMED IN ADVANCE OF SUCH DAMAGES OR SUCH DAMAGES COULD HAVE REASONABLY BEEN FORESEEN BY DEXCOMM OR THE RELEASED PARTIES. THE PARTIES ACKNOWLEDGE AND ACCEPT THE REASONABLENESS OF THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH IN THIS PROVISION.