Official Rules of the
Fortiva Referral Program.
We are delighted that you want to refer a lead to us at Fortiva. Before you do that it is important that you review, understand and agree to the official rules of our referral program.
Eligibility
The program is open to all legal residents of Canada and the United States who are 18 years of age or older. Employees, officers, directors, agents, representatives, as well as immediate family and household members of Fortiva are not eligible to enter.
For the purposes of this program, "immediate family" means an employee's husband, wife, or common law partner, parents, siblings, children, stepchildren, brother-in-law, sister-in-law, father-in-law, mother-in-law, and/or their respective husbands, wives or common law partners.
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Participation
To enter the program, you must fully complete and submit a Referral Program Participation Form on this web site.
By entering, you agree to abide by the Official Rules governing Fortiva's Referral Program (the "Referral Program") and the decisions of Fortiva, Inc.
No responsibility will be taken by Fortiva for entry forms that are illegible, lost, misdirected, improperly recorded or not received for any other reason.
Fortiva reserves the right to prohibit you from participating in its Referral Program or any future program if you repeatedly show a disregard for our Referral Program rules, or act with an intent to annoy, abuse, threaten, or harass any other participant, employee or representative of Fortiva.
You represent and warrant to Fortiva that your participation in our Referral Program satisfies the following conditions: (a) that you have disclosed your participation to your employer, if you have an obligation to do so; and (b) that you have obtained all necessary approvals from your employer with respect to participating in the Referral Program and any compensation that may result.
Fortiva shall not be liable for any act or omission which results in a breach of confidentiality, representations and warranties, or infringement claims with respect to any information you may have provided to Fortiva as a result of your participation in our Referral Program.
Fortiva shall not be liable for indirect, special, incidental or consequential damages or for any loss of revenue, profits or data in connection with your participation in our Referral Program, even if you have advised us of the possibility of such damages.
Both Fortiva and yourself are acting as an independent contractor and not as an agent, partner, joint venture partner or employee of the other party for any purpose. Nothing contained in this Referral Program shall be deemed to constitute one party an agent, partner, employee, or sales representative of the other, nor provide the authority of one party hereto to bind the other.
Fortiva reserves the right to modify these rules and the referral payment rate at any time, in its sole discretion, by notifying you via this web page. As such, you are advised to review this page regularly for any changes.
These official rules were last updated on November 9th, 2005.
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Qualifying Referrals
A qualifying referral will be determined at the sole discretion of Fortiva in accordance with the following criteria:
- that the proposed customer is not one with whom Fortiva already has a contact or business relationship;
- that Fortiva has not already received an identical or substantially similar referral;
- that the proposed customer actually purchases Fortiva's secure managed email archiving solution for a minimum term of one (1) consecutive year;
- that the customer has satisfied Fortiva's payment requirements with respect to the services;
- that the referral information is accurate, reliable, and not subject to any conflicts of interest, breach of confidentiality, non-solicitation or non-compete obligations which may attach to you;
- that the referral relates to a new customer as compared with an existing or return/renewing customer of Fortiva; and
- that you are willing to positively promote and/or assist Fortiva, to the best of your knowledge and ability, in the event that Fortiva requires more information or an introduction with respect to your customer referral.
- A referral may be disqualified, in Fortiva's sole discretion, if you have breached any of the terms and conditions of the Referral Program.
- If your referral qualifies, you will earn 10% Commission of year one (1) booked revenue. For greater clarification, there is only one referral payment for each referred customer.
- If your referral qualifies, you will be paid thirty (30) days after Fortiva has received initial payment in full from the referred customer in accordance with the terms and conditions of our contract with them.
- All payments will be sent to you by regular mail in accordance with the mailing information you provided to Fortiva on the Participation Form as at the time of your submission of your referral form.
- Fortiva shall not be responsible for any lost, misplaced or undelivered mail and shall not have any obligation with respect to the updating of your mailing address information.
- All payments will be in the form of a cheque and will be calculated and made in Canadian dollars.
- All details required for making payment to you, if your referral qualifies, will be derived from the information you provided to Fortiva in your Referral Program Participation Form, which you represent and warrant to be complete and accurate with absolutely no competing payment obligations whatsoever regarding your employer.
- Fortiva's maximum liability to you under this program is limited to the above described referral fee which may be payable to you in accordance with the rules of this Referral Program.
- All federal, state, provincial and local laws apply. A qualifying participant is solely responsible for all applicable federal, state, and local taxes.
- The Referral Program may be terminated by Fortiva at any time without prior notice.
The Referral Program is governed by these official rules. If you do not wish to be bound by the terms and conditions set out above, then do not submit or fill out the Referral Program Participation Form. However, if you are in agreement with these official rules and wish to proceed, please read and attest to the following statement.
You are reminded that Fortiva reserves the right, in its sole discretion, to revise any of the terms herein at any time. Any changes will be posted on this web page. Your continued participation in this referral program after the posting of any such changes constitutes your binding acceptance of the changes.
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I hereby acknowledge:
(a) that I have read and understand the Official Rules governing Fortiva's Referral Program;
(b) that I agree to be bound its terms and conditions; and
(c) that I wish to evidence my agreement by completing and submitting the following Participation Form.