Last Updated: April 12, 2024
These Referral Program Terms, in combination with other Agreements relating to your use of Kandji Services, is made between Company ("you", "your") and Kandji ("we," "our", "us") and governs your participation in the Kandji Customer Referral Program (the "Referral Program"). For purposes of these Referral Program Terms, references to Company include any Users authorized to participate in the Referral Program on Company's behalf. Company shall be fully responsible for the acts or omissions of its Users. By submitting a referral, you will be deemed to have accepted and be bound by this Agreement.
The Master Subscription Agreement, as amended from time to time, is incorporated into and forms part of this Referral Program Terms and shall apply to your participation in the Referral Program. In the event of any inconsistency between any of the provisions of the Master Subscription Agreement and these Referral Program Terms, these Referral Program Terms will control. Any capitalized terms that are not defined within Referral Program Terms shall have the meaning provided in the Master Subscription Agreement. We may modify these Referral Program Terms by posting an updated version on our website. By continuing to participate in the Referral Program after the posting of such modifications, you shall be deemed to accept such modifications.
1. Referral Program Eligibility
In order to participate in the Kandji Customer Referral Program, you must (1) be a Kandji Customer in good standing; and (2) ensure that all Users submitting the referrals are natural persons of at least 18 years of age.
2. Qualifying Referrals
Kandji will allow you to refer new customers using a customer referral form. Referred customers must be a business entity. Referral Gifts will only be awarded for Qualifying Referrals. A "Qualifying Referral" must meet all of the following conditions:
- The referred customer is not currently a customer and was not previously a customer (within the last 12 months), with Kandji under any email address or alias;
- The referred customer executes an Order Form for the Services, subject to Kandji 's processes and Kandji policies in place at the time of signing an Order Form; and
- The referred customer pays the required Fees.
You should only refer your Users' personal acquaintances. Additionally, you and your Users may not use any paid advertisement to promote the Referral Program, including but not limited to, paid search marketing, advertisements, affiliate networks, paid email campaigns or other similar methods. You may not use the referral submission to create a new Kandji Account for Company, its affiliated entities, or yourself. By participating in the Referral Program, you represent and warrant that (i) each of your Users has a personal relationship with his/her referral or otherwise has the necessary consents to submit their information to the Referral Program; and (ii) each of your Users will comply with all applicable Kandji policies and terms, and any and all applicable laws or regulations.
3. Referral Gift Redemption Process
You may be eligible to earn a Referral Gift for each Qualified Referral that you refer. The Referral Gift changes from time to time and will be set forth on the relevant promotion page (e.g., as a gift to be redeemed). The Referral Gift is set to the value displayed on the relevant promotion page at the time the Referral is submitted.
You will receive a Referral Gift when a Qualifying Referral is made. You will be notified of whether a referred customer who you have referred has applied for a Kandji Account, and whether an application for a Kandji contract has been approved or denied. You will receive a notification, which may be in the form of a Referral Gift, if the Referral Gift criteria are met. Please allow eight (8) weeks to receive the Referral Gift. Your use of the Referral Gift may be governed by additional or third-party terms and conditions. Please note that the Referral Gift may be issued to you or one of your authorized Users. Your Referral Gift may expire after a certain period (e.g., link to your gift page may auto-lock) and will not be re-issued.
4. Milestone Gifts Redemption Process
You may also be eligible to earn additional gifts based on the number of Qualifying Referrals after April 12, 2024 (“Milestone Gifts''). You will be notified when you qualify for a Milestone Gift. All Milestone Gifts will be fulfilled via mailing of the prize to a provided mailing address. Milestone Gifts are non-transferable and no substitution will be made except as provided herein at Kandji’s sole discretion. Kandji reserves the right where lawful to substitute a Milestone Gift for one of equal or greater value if the designated Milestone Gift should become unavailable for any reason. Milestone Gifts consist of only the items specifically listed. In no event will more than the stated number of Milestone Gifts be awarded. Winners are solely responsible for any/all applicable federal, state and local taxes and any other expenses related to the acceptance and use of a Milestone Gift not specified herein. Kandji is not responsible for, and will not replace, any lost, damaged or stolen Milestone Gift, or any Milestone Gift that is undeliverable or expired.
5. Privacy
Any information obtained in connection with the Referral Program will be collected, processed and used in accordance with Kandji's Privacy Policy.
6. Intellectual Property
Kandji is the owner of all intellectual property related to the Referral program, including and without limitation the Services and related technology; Kandji Data; and copyrights, patents, trade secrets, trade or service marks, brands, logos, and other intellectual property incorporated into each of the foregoing (the "Kandji Property"). Kandji grants you a limited, nonexclusive, revocable, and nontransferable license to use Kandji Property as permitted by this Referral Program Agreement.
7. Additional Terms and Restrictions
The Referral Gift may qualify as taxable income for you. You are responsible for any federal or state taxes resulting from your participation in the Referral Program. Kandji will not be obligated to report federal and state taxes to relevant authorities, but may report such income as required by law.
8. Reservation of Rights
Kandji reserves the right to withhold, deny or cancel any Referrals Gift and/or terminate your Kandji Account if we, in our sole discretion, deems the award of any Referral Gift as fraudulent, abusive, unethical, suspicious or otherwise inconsistent with these Referral Program Terms, the Master Subscription Agreement or any other applicable laws or regulations.
9. Termination
Kandji reserves the right to suspend or terminate the Referral Program at any time or to change this Referral Program Agreement at any time and for any reason in our sole discretion upon Notice to you or by deactivation of the Referral Link. Your eligibility for the Referral Program and the eligibility of any referrals is determined in the sole discretion of Kandji.
10. DISCLAIMER
TO THE FULLEST EXTENT PERMITTED BY LAW, KANDJI, AND ITS AFFILIATES, VENDORS AND SERVICE PROVIDERS, SHALL NOT BE LIABLE TO YOU OR ANY REFERRALS FOR, AND YOU HEREBY RELEASE KANDJI AND ITS AFFILIATES, VENDORS AND SERVICE PROVIDERS FROM, ANY CLAIMS, ACTIONS, INJURY, LOSS OR DAMAGE OF ANY KIND RELATED TO THE PROGRAM, THESE PROGRAM TERMS, OR THE SUBJECT MATTER HEREOF, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES, OR ANY LOSS OF PROFIT OR INCOME, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, WARRANTY, OR OTHER LEGAL OR EQUITABLE THEORY, EVEN IF KANDJI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL KANDJI, OR ANY OF ITS AFFILIATES, VENDOR’S OR SERVICE PROVIDER’S, MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM EXCEED $50.
These Referral Program Terms, together with the Terms of Service, Privacy Policy, and other policies and guidelines provided by Kandji, set forth the entire agreement, and supersede any and all prior agreements, of the parties with respect to the subject matter hereof. In the event of a dispute about the party making a redemption or earning a Referral Gift, all redemptions and referrals will be deemed to have been made by the owner of the e-mail account that is associated with the Account used to make the referral. Kandji’s is not responsible for communication errors or other matters beyond Kandji’s reasonable control, including, without limitation, any failures to award Referral Gifts due to technical issues. Kandji’s failure to enforce any term of these Referral Program Terms will not constitute a waiver of that provision. These Referral Program Terms are governed by and interpreted in accordance with the laws of the State of California, notwithstanding any conflicts of law. If any provision of these Referral Program Terms is held to be invalid, illegal or unenforceable in any respect, that provision shall be limited or eliminated to the minimum extent necessary so that these Referral Program Terms otherwise remain in full force and effect and enforceable.
11. Entire Agreement
This Referral Program Agreement constitutes the entire understanding between Company and Kandji for the subject matter described and no other agreements, representations, or warranties other than those provided in this Referral Program Agreement will be binding unless in writing and signed by you and Kandji.
12. Additional Defined Terms
- Company or you means the company that has executed an Order Form for Kandji Services and is executing this Referral Program Agreement.
- Notice means any physical or electronic communication or legal notices related to this Referral Program Agreement that are provided to you through text or SMS, email, your Kandji Account, or by other means.
- Referral Gift means any consideration provided under the Referral Program Agreement, including without limitation proposed gifts.