FONELOGIX REFERRAL PROGRAM

TERMS AND CONDITIONS

Updated: April 1, 2018

By registering for or otherwise participating in the FoneLogix Referral Rewards Program (the “Program”) you (“Referee” or “you”) acknowledge that you have read, understand and agree to be legally bound by these terms and conditions (the “Program Rules”).  FoneLogix, LLC is a Georgia limited liability company with its headquarters at 589A Atlanta Street, Roswell, GA, 30075, and is referenced in these Program Rules as “FoneLogix,” “we,” “us” and “our.” We may be contacted at reward@fonelogix.com.

How to Earn a Reward?

FoneLogix offers you the opportunity to earn a referral fee (a “Reward”) when a Qualified Lead that you have referred to us makes an Eligible Purchase from us within forty five (45) days following your referral and all other conditions in the Program Rules are fulfilled.  You agree to review and comply with these Program Rules, and you understand that failure to comply with the Program Rules in their entirety may make you ineligible to receive a Reward even if you have referred a customer to us.

The Referral Form

You must fill out the referral form at https://fonelogix.com/referlogix (the “Referral Form”) completely and accurately in order for your referral to be considered for a Reward.  We may use any information provided on the Referral Form for any purpose in our sole discretion. Completing the Referral Form does not, by itself, make you eligible to receive a Reward. Providing false information on the Referral Form will make you ineligible to receive a Reward.

What is a Qualified Lead?

The Referral Form asks you to submit a Qualified Lead for our consideration.  A “Qualified Lead” is a person in a leadership position in an organization (for example, a company, corporation, agency, governmental department, school, university, non-profit organization, etc.), where the organization that he or she represents is not a current or prior FoneLogix customer but wishes to explore our products and services. The Qualified Lead does not have to be the head of the organization but must have the responsibility or authority to explore new phone systems and bring information regarding potential purchases directly to those in the organization that may approve and make such purchases.

By submitting a Qualified Lead, you agree that he or she has given prior consent to make the referral by submitting his or her name. You agree that FoneLogix may inform your referral that you were the referral source and may rely on such person’s confirmation that you made the introduction with his or her knowledge and consent.

The following, without limitation, are NOT Qualified Leads under any circumstances: referrals to an organization with which FoneLogix has communicated or to whom we have been previously referred within 45 days prior to your referral submission; referrals to or a company of which you are a manager, officer, employee, member, shareholder or owner; referrals by present or past employees and contractors of FoneLogix, or their family members; referrals from persons outside the United States or for organizations outside the United States; referrals from persons who do not fully complete the Referral Form or provide the documentation we require for payment of the Reward. You agree that FoneLogix, in its sole discretion, may seek or require confirmation of and make the final determination as to whether a referral is a Qualified Lead and whether a Reward is due and payable to you under the Program Rules. We may cease to offer the Program or its benefits to any Referrer whom we, in our sole discretion, suspect of fraud or abuse or breach of the Program Rules.

 

What is an Eligible Purchase?

An “Eligible Purchase” is a purchase in which:

  1. the Qualified Lead (or his/her organization),
  2. within (45) days following your submission of the applicable Referral Form,
  3. enters into a contract with us for at least five (5) Seats, and
  4. subsequently delivers its first three (3) confirmed payments to us for monthly service within ninety (90) days after executing the contract (typically, new customers pay for each month of service in advance and therefore make their first three payments within a little more than sixty (60) days, although since payments must be confirmed by us, timely payments made by check, rather than by credit card or bank draft, may take slightly longer than sixty (60) days to be confirmed).

A “Seat” means a line of VOIP telephone service (Seats must each have a separate phone and a unique phone number or extension).

No Agency

You agree that you are not an agent or representative of FoneLogix and represent and warrant that you have not made and will not make any representations or commitments to prospective customers on behalf of FoneLogix, or any claims regarding our products or services other than those claims we make on the website at www.fonelogix.com.

Rewards and Payment

The MAXIMUM reward (“Maximum Reward”) you can receive under this Program is TEN THOUSAND DOLLARS ($10,000). You will not receive more than the Maximum Reward no matter how many Seats a Qualified Lead may purchase from us. All Rewards are ONE-TIME PAYMENTS. After a customer has entered into a contract with us, no subsequent purchase by that customer is an Eligible Purchase. We will not make any ongoing or residual payments to you or increase the amount of the Reward earned in connection with an Eligible Purchase even if a Qualified Lead later increases the number of Seats it purchases from us. The ACTUAL amount of your Reward will be determined by the Program Rules and the combination of the products and services the Qualified Lead purchases from us, including the contract length, monthly per Seat price, and phone purchased, as follows:

Contract Term Monthly Per Seat Price1 Phone Reward Per Seat if all other Reward terms are satisfied
A contract with a term of at least three (3) years $29.95 Qualified Phone Purchase2 $100
A contract with a term of at least three (3) years Less than $29.95 Qualified Phone Purchase2 $50
A contract with a term of at least one (1) and less than three (3) years $29.95 Qualified Phone Purchase2 $50
A contract with a term of less than one year, or a month-to-month contract At least $24.95 No Phone Purchase Necessary $25
  1. Our Monthly Per Seat prices start at $29.95 and are subject to volume or other discounts in our sole discretion.
  2. “Qualified Phone Purchase” means any phone shown on our website on the day you submit a Qualified Lead and sold to the client at list price. Phone sales are subject to volume or other discounts in our sole discretion.

As soon as you become eligible for a Reward, we will email you at the email address you provided to us and request that you complete (a) an IRS Form W-9 Request for taxpayer Identification Number and Certification; and (c) our payout information form. If you do not complete these forms within thirty (30) days of our email requesting that you do so, you agree that your Reward will be forfeited.

Restrictions

The Program is available only within the United States of America and is void where prohibited. No Reward may be earned under the Program in combination with any other customer offer, incentive, or promotion for our products and services or any commission or sales agreement. All federal, state, local and other taxes in connection with a Reward are your responsibility. You are not our employee, agent, representative, partner, or joint venturer and are prohibited at all times from representing to any person that you have any relationship with us not expressly set forth in these Program Rules. You are solely responsible for any and all incidental expenses and all other costs and expenses you may incur in relation to or arising out of your participation in the Program. IRS Form 1099 for the relevant year will be sent to you if and when legally required.

BY AGREEING TO THE PROGRAM RULES AND REFERRING A POTENTIAL CUSTOMER TO US UNDER THE PROGRAM RULES, YOU AGREE THAT YOU HAVE ENTERED INTO A CONTRACT IN FULTON COUNTY, GEORGIA AND IN NO OTHER STATE OR LOCATION. ANY SUIT FILED TO ENFORCE OR CONSTRUE ANY RIGHT GRANTED UNDER THE PROGRAM RULES OR TO ASSERT ANY CLAIM ARISING HEREUNDER SHALL BE FILED EXCLUSIVELY IN FULTON COUNTY, GEORGIA. IN CONNECTION WITH ANY SUCH ACTION, YOU CONSENT TO PERSONAL JURISDICTION IN FULTON COUNTY, GEORGIA. IN ANY SUCH ACTION, YOU AGREE THAT THE LAWS OF THE STATE OF GEORGIA SHALL APPLY AND SHALL GOVERN THE DETERMINATION OF THE ACTION, REGARDLESS OF ANY CONFLICTS OF LAW. YOU AGREE THAT ANY SUCH ACTION SHALL BE DETERMINED BY A JUDGE, IN A COURT OF COMPETENT JURISDICTION, SITTING WITHOUT A JURY. YOU AGREE THAT YOU WILL BRING ANY SUCH ACTION SOLELY IN YOUR OWN NAME AND NOT WITH ANY OTHER PLAINTIFF OR AS PART OF ANY CLASS.  IF YOU BRING ANY ACTION IN CONNECTION WITH THE PROGRAM, YOU AGREE THAT YOU WILL NOT BE ENTITLED TO CLAIM, AND YOU WAIVE ALL RIGHT TO RECEIVE, ANY CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, REIMBURSEMENT OF ANY LEGAL FEES OR COSTS OF LITIGATION, OR ANY SUM IN EXCESS OF THE REWARD TO WHICH YOU WOULD HAVE BEEN ENTITLED IF ALL PROGRAM RULES WERE PROPERLY FOLLOWED.

This agreement is personal to you and cannot be assigned by you to any other party, and any attempted transfer or assignment by you shall be null and void and shall render any associated purchase ineligible to receive a Reward. We may amend the Program Rules or suspend the Program at any time in our sole discretion and without prior notice; provided, however, that our suspension of the Program shall not render you ineligible for a Reward for which you have already qualified. We are not responsible for referrals that are lost, delayed, illegible, misdirected, or incomplete; your inability to submit a referral through the Program website for any reason; referral information that was not captured correctly; or any issues associated with hardware, software, telephone, internet, virus contamination, network issues, human error, electronic malfunctions, or any other technical problems.