PROGRAM TERMS AND CONDITIONS
you for your interest in Fundera, Inc. (“Fundera”
and our 2020 Referral Program. Fundera is a platform that attempts to
match small businesses with potential sources of funding from its
network of funding partners (the “Service”).
Fundera continues to grow and excel because of great client referral
leads, so we’ve established this Referral Program to reward you for
submitting successful leads (the “Referral
further described herein.
Referral Program Terms and Conditions (the “Agreement”)
will describe the details of your participation in our Referral
Program, including our obligations to each other. Your participation
in the Referral Program is subject to Fundera’s Terms
of Service and Privacy
Policy, each of which are incorporated into this Agreement by
SUBMITTING YOUR EMAIL ON THE PAGE https://www.fundera.com/resources/fundera-referral-program,
YOU HEREBY ACCEPT AND AGREE TO BE BOUND TO THIS AGREEMENT.
Participation in our Referral Program is open to
any user of the Service who has previously secured funding through the Fundera platform
and is located in the United States who is not a current or former employee, contractor,
affiliate, or partner of Fundera (or any of their immediate families and household members)
and, where applicable, whose employer will allow such individual to participate in incentive
programs of this type. It is the responsibility of each participant to check with his/her
employer’s human resources department before participating.
You must be at least eighteen
(18) years old to participate in our Referral Program. By entering
into this Agreement, you represent and warrant to us that: (a) you
are at least eighteen (18) years old; (b) you have not previously been
suspended or banned from participating in our Referral Program; and (c)
your participation in our Referral Program is in compliance with all
applicable laws and regulations.
If you are participating in our Referral Program on
behalf of an entity, organization, or company, you represent and warrant that you have
the authority to bind that organization to this Agreement and you agree to be bound by
the terms and conditions set forth in this Agreement on behalf of that organization.
Fundera reserves the right to deny, reject, or revoke your participation in the Referral
Program for any reason or no reason, including without limitation, because you do not
meet the requirements to participate in this Referral Program.
Making a Referral.
Fundera will provide you with a URL or link to the Service that
identifies you as the publisher of the link and permits tracking of
referred customers which will link to a webpage on the Service
dedicated to the marketing and promotion of the Service (the
Nothing herein grants you, and you do not have, nor will you
acquire, any right, power or authority, express or implied, to make
any commitment, incur any obligations, or make any representations
or warranties on behalf of Fundera, and you will not do so or
purport or attempt to do so. You agree to fully indemnify, defend and hold
harmless Fundera from and against any and all harms, liabilities, damages, losses,
claims, and expenses arising out of any third party claim relating to your breach
or alleged breach of the foregoing or of this Agreement.
Only Eligible Referrals will generate Gifts. An “Eligible
Referral” is a
Referral that (a) clicks on your Referral Link on or before December 31, 2020, (b) secures funding through the Service (“Funding”)
within 120 days of clicking on your Referral Link and completing the
questionnaire on the Service, (c) is not controlling, controlled
by, or under common control with you, (d) is not an existing
Fundera user, and (e) is not a Fundera employee, contractor,
affiliate or partner, or any of their immediate families or
In the event of a dispute regarding who submitted a particular
referral, the referral will be deemed submitted by the first person
tracked in our system. A “Referral”
is any small business that clicks on your Referral Link.
Upon Fundera’s determination that an Eligible Referral has
secured Funding (excluding, for the avoidance of doubt, any
purchasing on business credit cards) of at least $2,000, Fundera
will use commercially reasonable efforts to issue you and the
Eligible Referral a gift card for $1000, as selected by Fundera in its sole, reasonable discretion
Fundera is not responsible for any delay in the delivery of Gifts. Fundera is not responsible for any lost
or stolen Gifts, including any theft occurring during delivery. Fundera reserves the right to disqualify
any individual it finds to be tampering with the entry process in the Referral Program.
Disclaimer; Limitation on Liability
FUNDERA MAKES NO WARRANTIES OF ANY KIND OR NATURE, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, RESULTS,
OR THAT PARTICIPATION IN THIS PROGRAM WILL RESULT IN THE
PAYMENT OF ANY GIFTS, AND EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES.
IN NO EVENT
WILL FUNDERA BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL,
EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES OF ANY NATURE WHATSOEVER, INCLUDING,
WITHOUT LIMITATION, LOST DATA, LOST PROFITS OR REVENUE, OR FOR ANY CLAIM OR
DEMAND BY ANY THIRD PERSON, ARISING OUT OF OR RELATED TO THE AGREEMENT OR
THE PERFORMANCE OR BREACH THEREOF, EVEN IF ADVISED OF THIS POSSIBILITY.
FUNDERA’S AGGREGATE TOTAL LIABILITY TO YOU HEREUNDER WILL NOT EXCEED
THE AMOUNT OF GIFTS ACTUAL PAID TO YOU HEREUNDER.
Reserved Rights and General
Fundera reserves the right: (a) to solicit, contact, and
engage any third party, whether or not referred by you,
and with no obligation to you whatsoever unless such third
party is an Eligible Referral (e.g., to reward you for the
Referral); and (b) to engage with other client referral
providers on a nonexclusive basis. To the maximum extent
permitted by applicable law, Fundera reserves the right
to change or cancel this Referral Program at any time,
at its sole discretion. Participants agree to abide by
these rules and by the decisions of Fundera, which are final,
binding and non-appealable, on all matters. Fundera is not
responsible for lost, misdirected or delayed referrals.
This Agreement, together with
the Terms of Service and
contains the entire understanding and agreement of both
parties with respect to the subject matter hereof,
and supersedes all prior agreements, discussions and
writings with respect thereto, both oral and written.
This Agreement may be modified only in a writing signed
by both parties. In the event of a conflict between this
the terms of this Agreement will control. There are no
third-party beneficiaries to this Agreement, and the
parties do not confer any rights or remedies upon any
person other than the parties to this Agreement.
This Agreement is binding on, and inures to the
benefit of, the respective permitted assignees,
transferees and successors of each of the Parties.
New York law will govern this Agreement and the transactions
it contemplates, without reference to rules regarding conflicts
of law. The relationship of the parties under this Agreement is
one of independent contractors, and no agency, partnership,
employment joint venture or similar relationship is created
hereby. Each party will be responsible for its own costs it
incurs in connection with its responsibilities under this
Agreement. You may not assign, transfer or delegate this Agreement or any of your rights or
obligations hereunder without Fundera’s prior written consent
however, this Agreement may be assigned by you to any
successor through a merger, corporate reorganization,
or sale of all or substantially all of your assets or business,
upon written notice to Fundera, subject to any assignee assuming
all of your rights and obligations, but no assignment will
relieve you of any liabilities accruing prior to the date of such
assignment. Neither party will be deemed in default or otherwise
liable under this Agreement due to its inability to perform its
obligations by reason of any act of God, war, government intervention,
riot, earthquake, fire, flood, power outage, failure of the Internet
or any similar cause beyond such party’s control. If any provision
of this Agreement is held to be invalid, illegal or unenforceable by a
court of competent jurisdiction, such provision will be deemed restated,
in accordance with applicable law, to reflect as nearly as possible the
original intentions of the Parties, and the remainder of the Agreement
will remain in full force and effect.
The Referral Program will end January 1, 2021.
Sections 3(2), 4(2) (only with respect to Eligible Referrals who clicked on
your Referral Link on or before December 31, 2020), 5 and 6 of this
Agreement will survive the expiration or termination of this Agreement.