Optimove Referral Program Terms of Service

Optimove (“Optimove”, “We”, “Us” or “Our") offers you (“Referrer”, “You”, “Your”) the opportunity to take part in our referral program (the “Program”) and earn awards by referring prospective customers to Optimove for the purchase of Optimove’s products and services through the execution of a subscription agreement (“Subscription Agreement”).

These Terms and Conditions (these “Terms”) apply to Your participation in the Program and may be amended by Optimove from time to time. By participating in the Program You agree to these Terms in their entirety and confirm that Your participation in the Program does not violate or breach any law, regulation, employment agreement, policy or contractual obligation that applies to You. If you do not agree to any and all terms herein, or are otherwise precluded from participating in the Program, do not take part in the Program.

Optimove has no obligation to monitor the Program or any communications therein, however, Optimove may, in its sole discretion: (a) choose to monitor the Program; (b) change, cancel, suspend, or modify any aspect of the Program; and (c) remove or disqualify any participants and/or Referrals from the Program.

Referrals

Once Optimove issues you a unique referral code link (“Referral Link”), you may message your contacts that you believe might be interested in becoming an Optimove customer (each, a “Referred Customer”) and share the Referral Link with them (each such message, a “Referral”). The “Referred Customer” will receive one free month of service as an incentive for becoming an Optimove customer. 

The recipient of your message will only be deemed a “Referred Customer” if (according to our records): i) he or she is not an existing customer of Optimove, or ii) he or she is not in active discussions with Optimove, and the recipient registers using the Referral Link you sent. When a Referred Customer was referred by more than one Program participant, only the Referrer who was first to submit the referral for such prospective customer would be eligible for a reward under the Program.

Optimove shall at its sole discretion determine whether a customer referred by you is deemed a Referred Customer.

Eligibility
  To qualify as a Referrer, you must have an Optimove active paying account. Optimove employees, vendors, contractors, and partners are not eligible to participate in the Program.

Your employer is aware of and has consented to your joining the Program.

Rewards

For each Referred Customer that is qualified by Optimove and participates in a live product demo, Optimove shall award You with USD $1,000 in total gift cards (“Reward 1”) to be redeemed through Tango <https://www.tangocard.com/>.

For each Referred Customer that executes a Subscription Agreement with Optimove, Optimove shall award You with $5,000 in total gift cards (“Reward 2”) to be redeemed through Tango. 

Optimove will notify You about Your Reward(s) via the email address provided by You in Your Link. You may refer multiple Referred Customers and will receive a Reward(s) per each Referred Customer as specified herein.

It is hereby agreed that:

(a)    You are not entitled to receive a Reward(s) with regard to a Referred Customer that does not satisfy the eligibility requirements, including lead qualification / participating in a live demo (“Reward 1”) and execution of a Subscription Agreement with Optimove (“Reward 2”).

(b)    the Rewards may be subject to Tango’s terms and conditions.

(c)     If there is any tax, duty, governmental charge, or other like charges levied on, or otherwise associated with, any Reward, you are solely responsible for paying it.

Privacy Policy

The Optimove Privacy Policy, as amended by us from time to time available at https://www.optimove.com/privacy-policy shall be deemed as an integral part of these Terms and shall apply with regard to Optimove’s use of your personal information we collect or receive from or about you in connection with the Program.

You hereby agree that personal information may be used by Optimove (and/or third-party administrators of the Program) to contact you (for example, via email) with regards to participation in the Program. Participation in the Program represents an ongoing relationship with you, for privacy purposes.

You further agree that you will comply with all current and up-to-date laws relating to privacy and “Spam”, including but not limited to, only sending Referral Links to your personal contacts, you may not send these to general email lists or via any automated means. You agree to stop sending emails or links upon request from any of your contacts. Any distribution of the Referral Link that could constitute unsolicited commercial email or “spam” under any applicable law or regulation is expressly prohibited and will be grounds for immediate termination of your account and exclusion from the Referral Program.

Liability and Release 
 

Release. By participating in the Referral Program, you release Optimove and its subsidiaries, affiliates, suppliers, advertising, and promotions partners and their respective directors, officers, employees, and agents from any and all liability for any loss, harm, damages, cost, or expense, including, without limitation, property damages, personal injury and/or death, arising out of or in any way connected to the Referral Program and/or the use of any program Reward.

Indemnification. By participating in the Program, you agree to indemnify, defend, and hold Optimove and its representatives and agents harmless from and against any and all third party claims, demands, liabilities, costs, or expenses, including attorney’s fees and costs, arising from, or related to any breach by the participant of any of these Terms and Conditions, Optimove’s Privacy Policy or any violation by You of applicable law.

Limitation On Liability. Optimove’s sole liability to you shall be payment of the referral awards earned by you in the six month preceding any claim to the extent earned as set forth herein and not otherwise disqualified. In no event shall Optimove or its affiliates be liable to you or to any person to whom you send a referral link for any indirect, special, incidental, consequential or punitive damages of any kind, including lost profits or lost commissions on lost sales (whether or not the parties have been advised of such loss or damage), arising from or relating to this agreement or the conduct of business contemplated herein, by reason of any act or omission in Optimove’s performance under this agreement. Optimove’s liability hereunder shall be limited in all cases and for all causes of action to the amount earned by you in the six months preceding any claim.

Disclaimer of Warranties

You and all prospective participants expressly understand and agree that Your use of the referral program (and all materials, products, services, software (collectively, the “Optimove Material”) is at your sole risk, the referral program and Optimove material are provided on an "as is" and "as available" basis and Optimove expressly disclaims all warranties, conditions and terms of any kind, whether express or implied by statute, common law or custom, including, but not limited to, promises as to products or services offered through the use of the referral program, implied promises of merchantability, satisfactory quality, fitness for a particular purpose, and non-infringement.

This Referral Program is void where such referral programs are prohibited.

Choice of Law
 These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to the principles of conflict of law therein. The parties irrevocably and knowingly consent to the exclusive jurisdiction of the Federal and State courts located in New York and irrevocably and unconditionally consent to service of process as necessary in connection therewith. 

Miscellaneous (i) if any provision of these Terms is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and if such provision is determined to be invalid or unenforceable nonetheless, the provision shall be deemed to be severable from the remainder of these Terms and shall not cause the invalidity or unenforceability of the remainder of these Terms; (ii) these Terms are the entire agreement between you and Optimove regarding the subject matter herein; (iii) Optimove may assign these Terms, in whole or in part, in its sole discretion. You are not entitled to assign or otherwise transfer the Terms, or any of your rights or obligations hereunder, to any third party without the prior written consent of Optimove. Any unauthorized assignment will be void and of no force or effect; (iv) no provisions of these Terms are intended or shall be construed to confer upon or give to any person or entity other than you and Optimove any rights, remedies, or other benefits under or by reason of these Terms; (v) all waivers must be in writing; (vi) you represent and warrant that you shall comply with all applicable laws; and the (vii) relationship between you and Optimove is solely that of independent contractors. You will not be considered a representative, partner or employee, joint venturer of Optimove for any purposes whatsoever and you shall not have the right, power or authority to enter into any agreement, grant any promise, provide any warranties, or to commit Optimove in any manner whatsoever.

Optimove may, at its sole discretion, revise, amend, change, modify or eliminate this Program and each and any of the terms herein, at any time and in its sole discretion and without notice to you. For the avoidance of doubt, Optimove may at any time impose limitations on the number of Referral Fees payable to any person and/or limitations on the method of communication of Referral Links and these changes may be applied retroactively. Optimove also reserves the right to disqualify any person from participation in the Referral Program at any time, for any reason, in its sole discretion.

Your participation in the Program constitutes an acceptance of these Terms, Optimove’s Privacy Policy and any future modifications that may be made to these Terms or the Privacy Policy.

Contacting us

If you have any further questions or require further clarification, please contact us by sending an email to legal@optimove.com.