The following terms and conditions apply to Intermedia’s Business Referral Program (this “Program”):
Subject to the restrictions described in these terms and conditions, an individual (or a company associated with that individual) will be entitled to receive a sales incentives for potential sales leads that are successfully converted into sales of Intermedia’s services, as further described below. To be eligible for any sales incentives under this Program, all sales and referring individuals must comply with all of the following requirements:
- The applicable lead must be provided to Intermedia through the Program’s online landing page located at www.intermedia.net/referral. Leads provided through any other method, including phone calls, emails or other forms of communication, will not be eligible for awards under this Program.
- For each lead, the referring individual must provide all of the following information for both the referring party and the referred lead: full name of individual contact person, company name, email address and phone number.
- The referring individual will be required to agree to these terms and conditions every time he or she submits a lead.
- Awards payable under this Program will be paid, at the option of the referring individual, as a payment in the form of a gift card to either the referring individual in his/her own individual capacity or the referring individual's employer/business. All awards under this Program will be paid to the referring individual in his/her own individual capacity until the recipient is changed in accordance with these terms and conditions. If a Program participant wishes to change the recipient of future payments from the referring individual in his/her own individual capacity to the referring individual's employer/business, the participant must send an email to email@example.com making such request, and all future awards payable under this Program thereafter will be paid to the individual's employer/business.
- In the event that a sales lead referred under this Program is successfully converted into a sale of Intermedia services, the referring individual with respect to such sales lead will be entitled to receive the following award: (a) for any sales of mailboxes of Intermedia’s Exchange Email plans, the referring individual will receive $20 per Exchange mailbox and/or (b) for any sales of users of Intermedia Unite™, the referring individual will receive $50 per user, for all such sales that appear in the sales lead’s HostPilot® account at the end of the initial 30-day period (“Eligible Period”); provided that if a referred sales lead does not purchase at least $50.00 in Intermedia services during the Eligible Period, the referring individual will not receive any award described in this paragraph for such sales.
- The maximum amount of awards that an individual may earn (for himself/herself and for any company associated with that individual, all taken together) for any particular referred sales lead under this Program is equal to $5,000 (Five Thousand Dollars).
- The only Exchange mailboxes or users of Intermedia’s plans that will be included when calculating sales eligible for awards under this Program are those Exchange mailboxes or Unite users that remain active and in good standing (i.e., fully paid) for at least three (3) full calendar months after the Eligible Period that such service has been provisioned (i.e., a sales incentive will not be payable under this Program for services that are canceled or terminated before the completion of the third full calendar month following provisioning)(“Earning Period”).
- All rewards will generally be paid within four weeks after the end of the Earning Period.
- A referring individual will only be eligible to receive an award under this Program for a lead if the referred lead, at the time the individual provides such lead to Intermedia, (a) is not an existing customer of Intermedia (or an Intermedia partner, with respect to any third-party service that Intermedia resells to its customers) for any paid service; (b) has not been a customer of Intermedia (or an Intermedia partner, with respect to any third-party service that Intermedia resells to its customers) for any paid service within the six (6) months preceding such sale; (c) has not been previously identified by Intermedia (either directly or by one of Intermedia’s partners) as a prospective customer already registered in Intermedia’s customer relationship management (CRM) system and/or to which Intermedia (or, as applicable, one of Intermedia’s partners) is already promoting or marketing its services; and (d) is reasonably believed by the referring individual, based on specific knowledge obtained from the referred lead, to be potentially interested in Intermedia’s services.
- If two separate referring individuals submit the same lead to Intermedia, only the referring individual who first submitted the lead to Intermedia (including all required information) will be eligible to receive the award under this Program if such lead is converted to a sale.
LIMITED TIME PROMOTION (November 1-December 31, 2018): For the period from 12:01 a.m. Pacific time on November 1, 2018 to 11:59 p.m. Pacific time on December 31, 2018 (the “Special Promotion Period”), Intermedia will offer greater awards under this Program for sales of Intermedia Unite. Specifically, if a sales lead referred under this Program is successfully converted into a sale of Intermedia Unite during the Special Promotion Period, the referring individual with respect to such sales lead will be entitled to receive $100 per user (instead of the regular promotion of $50 per user), for all such sales that appear in the sales lead’s HostPilot account at the end of the Special Promotion Period; provided that if a referred sales lead does not purchase at least $100 in Intermedia services during the Special Promotion Period, the referring individual will not receive the promotional award described in this paragraph for such sales (and will instead be subject to the regular payment and promotion terms). During the Special Promotion Period, the maximum amount of awards that an individual may earn (for himself/herself and for any company associated with that individual, all taken together) for any particular referred sales lead under this Program is equal to $10,000 (Ten Thousand Dollars) (instead of the maximum award of $5,000 per sales lead under the regular promotion).
The awards under this Program shall not be additive to any other benefit or payment offered by Intermedia. For example, if an individual (or such individual’s employer or company) submits a lead to Intermedia through this Program’s online landing page and through the online portal for Intermedia’s Referral Partner program, the referring individual (or such individual’s employer or company, as applicable) shall only be eligible to receive the payments, commissions and/or benefits under either this Program or such Referral Partner program with respect to such sale, but not under both.
By agreeing to these terms and conditions, the referring individual, if he or she (a) is an employee of an entity (the “Employer”) and (b) elects to have any award payable hereunder made to himself/herself as an individual (i.e., does not change the recipient of payment to the individual's employer/business, as described in these terms and conditions), is hereby certifying, confirming, representing and warranting to Intermedia that the payment of any and all such awards to such individual in his/her individual capacity will comply with, and will be permitted under, applicable law and the Employer’s internal policies (including without limitation any policies with respect to conflicts of interest and/or corporate opportunities) and that such referring individual has obtained all consents required from his or her Employer. The referring individual will be solely responsible for reporting, calculating and paying all income taxes payable with respect to awards paid to such individual under this Program. Employees of Intermedia, its subsidiaries, affiliates, and their immediate family and household members, are not eligible for this Program.
During the term of this Program, the referring individual is hereby granted a non-exclusive license to use Intermedia’s trademarks, service marks, trade names, the Intermedia product name, and logos (collectively, the “Marks”) subject to these terms and conditions, including any additional branding guidelines that Intermedia may publish from time to time. Such license is expressly limited to uses by the referring individual necessary or appropriate in connection with its participation in this Program and as set forth in any general instructions issued by Intermedia or as expressly permitted by Intermedia in writing. The referring individual will not, directly or indirectly, alter the Marks in any way or remove the Marks from any materials provided by Intermedia. Subject to the provisions of this paragraph, the referring individual may indicate its relationship to Intermedia and refer to the Intermedia products by using the Marks provided that such references are truthful and not misleading and Intermedia is designated as the owner of the Marks. Intermedia reserves the right to disallow any use of the Marks which would, in Intermedia’s reasonable opinion, harm the validity or value of the Marks. Upon expiration or termination for any reason of this Program (or the referring individual’s participation in this Program), the license set forth in this paragraph will immediately terminate. Other than the license to use the Marks granted in this paragraph, the referring individual is granted no other right, title or interest in the Marks. The referring individual acknowledges Intermedia’s ownership of and right in and to the Marks, and agrees that any and all use of the Marks will inure to the sole benefit of Intermedia. The referring individual will take no action inconsistent with Intermedia’s ownership of the Marks and will not challenge Intermedia’s rights in or attempt to register any of the Marks, or any other trademarks, service marks, trade names, product names, logos, designs, and other designations or brands owned or used by Intermedia or any mark confusingly similar thereto. If at any time the referring individual acquires any rights in or to, or any registration or application for, any of the Marks by operation of law or otherwise, it agrees to assign, and hereby does assign, such rights, registrations, or applications to Intermedia, along with any and all associated goodwill.
Intermedia reserves the right to modify the terms and conditions of this promotion and/or terminate this promotion at any time without notice, in its sole discretion. Intermedia shall interpret the terms of this promotion and resolve any dispute in accordance therewith, in each case in Intermedia’s sole discretion.