Effective:: March 14, 2018
PROGRAM OVERVIEW: The Vonage Business Referral Program (the “Referral Program” or the “Program”) is offered by Vonage Business Inc. (“Vonage”) and provides the opportunity to refer your friends, colleagues and associates to Vonage and receive compensation. You do not have to be a Vonage customer to participate in the Referral Program.
PROGRAM DETAILS: Vonage will award cash or a Vonage account credit (for current Vonage customers)(the “Reward”) to any Eligible Referrer (as defined below) who refers an Eligible New Customer (as defined below) in compliance with these Referral Program Rules (the “Rules”). Rewards will be calculated based on the Vonage Eligible Product(s) selected by the Eligible New Customer for activation or installation. The Reward will be issued to the Eligible Referrer following the third consecutive month for which Vonage receives full payment from the Eligible New Customer provided that the Eligible New Customer’s account has been active and in good standing for at least ninety (90) consecutive days. A W-9 tax form must be completed by the Eligible Referrer and submitted to Vonage within ninety (90) days of a referral becoming eligible for paymentor the Reward shall be forfeited. The Program is valid only in the United States and cannot be combined with any other offers. Vonage reserves the right to add, modify and/or delete any Rewards and/or requirements to receive any Rewards. Vonage’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, and Puerto Rico, who is 18 years of age or older; or (b) a business operating in the United States; and (2) for Vonage customers, your existing account(s) must be in good standing at the time of the referral. Franchisee locations (and/or similar parent/child business relationships) that are part of a larger agreement containing its own special discounted pricing shall be excluded from consideration as an “Eligible Referrer”.
Existing Vonage customers, as well as former Vonage customers and former Vonage Business customers, are prohibited from referring themselves. Vonage Partner Program participants are ineligible to receive a Reward pursuant to this Referral Program. Business owners, employees or agents are prohibited from referring their respective business(es) or employer(s) (or any affiliates thereof) and are ineligible to receive a Reward. Notwithstanding the foregoing, consultants, contractors and others who are not “employees” are eligible should they refer companies for which they are contracted to work. Vonage reserves the right to validate that the referrer is/was not an employee at the time of referral. Referrers cannot refer immediate family members living within the same household nor may they resell Vonage services, as doing so may result in immediate disqualification.
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 Vonage customer; (2) is not already registered as a Vonage Business lead or contact in Vonage Business’ records; (3) signs up for Vonage Eligible Products while this Referral Program is still active; and (4) maintains an active Vonage account in good standing for at least ninety (90) days after activation of Eligible New Customer’s account in compliance with the relevant Terms of Service for Vonage Small Business and/or Vonage Mid-Market/Enterprise, as applicable. Former Vonage customers are prohibited from qualifying as an Eligible New Customer. Eligible Products shall be defined as Vonage Business services with one or more lines, hosted seats, unlimited/metered extensions or MUX (mobile unlimited extensions) priced at $19.99 or greater per line. For avoidance of doubt, lines, seats and/or extensions priced at less than $19.99 each (e.g., fax lines, Spamshield lines, etc.) shall be excluded from the definition of Eligible Products.
You agree not to abuse any Vonage resource, online registration mechanism or the tools in the Referral Website by conduct which is, or can be, interpreted to be detrimental to the brand, trademark or interests of Vonage, 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 Referral Program or its tools.
HOW TO EARN REWARDS: Registration for the Referral Program can be made either: (a) at referral.rewards.vonagebusiness.com (the “Referral Website”); or (b) via a Vonage Referral form.
Registration via the Referral Website (rewards.vonagebusiness.com/referral/) After you have completed the Referral Website registration process, you will have the option of making referrals by either: (a) submitting your referrals directly to Vonage via the form provided on the Referral Website, or (b) using the tools provided on the Referral Website to create a personal link that you can then share via social media. If a potential new Vonage customer clicks on your personal link and follows the instructions to sign up for a Vonage plan, and if that referred business ultimately qualifies as an Eligible New Customer, you may be eligible for a Reward subject to the eligibility guidelines and Program Rules.
Registration via the Vonage Referral form You may also make referrals by submitting your referrals directly to Vonage via the referral form provided by Vonage. For avoidance of doubt, sending mass email messages (to multiple recipients at the same time) is strictly prohibited.
Online Invitations to Potential Referrals
If you choose to invite businesses to sign up for Vonage via social media, then (1) you must include the personalized link provided to you from the Referral Website in your post, (2) you must state in your post that you are participating in this Referral Program and are eligible to receive Rewards, and (3) your post must be created and distributed in a personal manner that is appropriate and customary for communications with friends, colleagues, family members and business associates.
If you choose to share via email, a personalized link will be generated by the Referral Website, which you must use in your email message. Your email must expressly state that you are participating in this Program. Your email must be created and distributed in a personal manner that is appropriate and customary for communications with friends, colleagues and family members. Note: You can only refer any friend, colleague or family member via email one-time during any calendar year. Sending mass email messages (to multiple recipients at the same time), distribution to strangers, or any other promotion of a personal link in a manner that would constitute or appear to constitute unsolicited commercial email or “spam”, is expressly prohibited and may be (in Vonage’s sole discretion) grounds for termination from the Program. Moreover, you may not issue marketing communications regarding the Vonage products and services through any other online means, including texting, emails, on websites, or through any automated email, online or texting marketing method or program, or through telemarketing means, without Vonage’s prior written consent, which may be withheld in its sole discretion. Further, any invitation to a potential new Vonage customer must comply with all applicable laws including, but not limited to, CAN-SPAM.
If you choose to display a digital banner on your website or blog, Vonage will provide you with a downloadable banner graphic. All referrals directly resulting from the banner on your website or blog will be tracked to you.
Regardless of how the 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 Vonage shall be entitled to be considered to receive all or any portion of the Reward. Referrals are considered active for two (2) years and shall expire after such time. If a prospective Vonage customer has neither activated nor installed Vonage products or services within two (2) years after the Eligible Referrer submits a referral, said referral shall expire and the requisite Eligible Referrer shall not be entitled to a Reward if the prospective Vonage customer subsequently purchases Vonage products or services.
REWARD ISSUANCE: The Reward will be issued in US Dollars to Eligible Referrers via a Visa gift card. Either a W-9 or W8BEN form must be completed, submitted and approved for all Rewards and the W-9 or W8BEN form must match the name of the person or company receiving the reward. If a valid and complete W-9 or W8BEN form has not been received and approved within sixty (60) days of a referral becoming eligible for issuance, the Reward shall be deemed forfeited. In the event the Eligible Referrer’s account has a past due balance (in the case where the Eligible Referrer is a Vonage customer), Vonage 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, a 1099 tax form will be generated and mailed to you for tax reporting purposes. Vonage recommends that you keep all statements and documents for record keeping purposes. The reward will be issued up to ninety (90) days after a new customer has been deemed eligible under these Referral Program rules. The reward amount will be based on the number of active Eligible Products after the ninety (90) day eligibility time frame as set forth below
|# Eligible [LINES SEATS EXTENSIONS etc]||Amount|
GENERAL CONDITIONS: By participating in the Referral Program, you agree to release, discharge, indemnify and hold harmless Vonage, its parent, subsidiaries, affiliates, retailers, and advertising and promotion agencies, and all of their respective officers, directors, shareholders, employees and agents (collectively, “Released Parties”) from any liability or damages which may arise out of participation in the Referral Program or out of the acceptance, use, misuse or possession of any Reward or products attained through this Referral Program. You further agree not to: (a) bind, create any obligation (express or implied) or negotiate prices or other terms and conditions on Vonage’s behalf (nor represent to any person, including any prospective Vonage customer or New Eligible Customer, that you have authority to do so); or (b) make any claims regarding the Vonage services beyond those made by Vonage in the documentation relating to Vonage services available at https://business.vonage.com. Moreover, you also agree that any promotion methods that you use to promote Vonage products and services to prospective Vonage customers shall be in accordance with all applicable laws and regulations. All applicable federal, state, and local laws and regulations apply.
VONAGE MARKS. You acknowledge that Vonage’s names, logos, trademarks, service marks and other intellectual property (and the names of certain products and packages that are provided by Vonage) (collectively, “Vonage Marks”) are the exclusive property of Vonage and that you do not have any proprietary rights therein. You may only use and display Vonage Marks to the extent specifically designated or authorized in advance by Vonage. 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 Vonage’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 Vonage Marks must be reviewed and approved in advance by Vonage prior to first use. All Vonage Marks are and will remain the sole property of Vonage. The permissions to Vonage Marks are revocable by Vonage at any time in Vonage’s sole discretion upon thirty (30) days’ notice and immediately without opportunity to cure if, in our sole discretion, you infringe or improperly use or publish any of our 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, misdirected referrals or Rewards or other errors or problems of any kind relating to or in connection with 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 Vonage 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 related to or resulting from participating in this Referral Program or downloading materials from or use of the Referral Website or Vonage.com.
Vonage reserves the right at any time to modify, suspend or cancel the Referral Program or the Rules at any time. Any changes Vonage makes will be effective immediately on notice, which it may give either by posting on the Referral Website, Vonage.com 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 Vonage.
Vonage also reserves the right to disqualify and deregister any Referrer in the event that Vonage determines that Referrer has violated any of these Rules, which determination shall be final. In the event of such disqualification or deregistration, Referrer forfeits the rights to receive, and Vonage is not obligated to honor or pay any Rewards which vest on or after the date of such effective disqualification or deregistration.
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 Vonage in connection with the Referral Program, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
WARRANTY. VONAGE MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO ANY SERVICES OR PRODUCTS CONTEMPLATED BY THIS AGREEMENT. VONAGE 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 Vonage’s Terms of Service (as applicable), and have not committed any fraud or deception in entering the Referral Program.
LIMITATION OF LIABILITY
NEITHER VONAGE, NOR ITS AFFILIATES, SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF REVENUE, EVEN IF VONAGE HAS BEEN INFORMED IN ADVANCE OF SUCH DAMAGES OR SUCH DAMAGES COULD HAVE REASONABLY BEEN FORESEEN BY VONAGE. THE PARTIES ACKNOWLEDGE AND ACCEPT THE REASONABLENESS OF THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH IN THIS PROVISION.
TERMS OF SERVICE APPLICABLE TO VONAGE BUSINESS CUSTOMERS: The Vonage Small Business Terms of Service is available at business.vonage.com/terms/. The Vonage Mid-Market/Enterprise Terms of Service is available at https://enterprise.vonage.com/terms.