FUNDERA

REFERRAL PROGRAM TERMS AND CONDITIONS



  1. Program Description.

Thank you for your interest in Fundera, Inc. (“Fundera” “we” “our” or “us”) 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 Program”), as further described herein.

These 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 reference.

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.

  1. ELIGIBILITY.

    1. 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.

    2. 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.

    3. 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.

  2. PARTICIPATION.

    1. 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 “Referral Link”).

    2. Authority. 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.

  3. REFERRAL REWARDS.

    1. Acceptance. 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 household members. 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.

    2. Gift. 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 (the “Gift”). 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.

  4. Warranty Disclaimer; Limitation on Liability

    1. 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.

    2. 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.

  5. General.

    1. Reserved Rights and General Disclaimer. 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.

    2. This Agreement, together with the Terms of Service and Privacy Policy, 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 Agreement and the Terms of Service and/or Privacy Policy, 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 provided, 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.

    3. 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.