2023 REFERRAL PROGRAM TERMS & CONDITIONS
This agreement (the “Agreement”), subject to the terms below, gives registered customers (“Existing Customer”, “you”, “your”, and/or a “Participant”) of Settle Inc. (the “Sponsor”, “Settle”, “us” or “we”) an opportunity to receive an incentive for successfully referring potential new customers to sign up for Settle’s Services (the “Referral Program”), subject to these Terms and Conditions, Settle’s Terms of Service (including the Agreement to Arbitrate contained therein), Privacy Policy, E-Sign Disclosure and Consent, and other applicable Settle policies.
ELIGIBILITY. Settle’s 2023 Referral Program is open only to legal residents of one (1) of the fifty (50) United States or the District of Columbia that Settle offers services in, who are at least eighteen (18) years of age and have reached the age of majority in their state of residence at the time of participation. Employees, officers and directors of Sponsor, its affiliates, subsidiaries, advertising and promotion agencies, distributors and other prize suppliers, and their respective immediate family members, are not eligible. All potential participants must qualify for and complete all of the Program’s requirements, as explained more fully below, as well as meet Sponsor’s general customer eligibility requirements as more fully outlined in Sponsor's Terms of Service. Those who do not qualify are ineligible for participation in the Referral Program. Settle reserves the right, in its sole discretion, to reject any Referrals, customers or accounts, and/or deny participation in the referral program for any reason.
HOW TO PARTICIPATE.
Existing Customers. In order for an Existing Customer to qualify to receive an Incentive (as defined below), (1) the Existing Customer must be a current customer of Settle who actively uses at least one Settle Service, and (2) the lead (a “Lead”, and a “Participant”) must be a qualified lead who does not have an existing Settle account, has never had a Settle account, has not had prior contact with Settle in the last six (6) months, has never used Settle for any Service in the past or present, who meets Sponsor’s general customer eligibility requirements, and who has successfully completed the steps outlined in Section 5 below (a “Qualified Lead”, and a “Participant”). The Existing Customer will be deemed to have made a referral by having its Qualified Lead set up a Settle account and complete all requirements in accordance with Section 5 below, have the Lead mark its interest in Settle financing during the onboarding process, and inform that it was referred to Settle by you when prompted by the Settle Representative (a “Referral”).
Leads and Qualified Leads. In order for a Lead to qualify to become a Qualified Lead and receive an Incentive (as defined below), (1) the Lead must not have an existing Settle account, has never had a Settle account, has never used Settle for any Service in the past or present, who meets Sponsor’s general customer eligibility requirements, and (2) the Lead has successfully completed the steps outlined in Section 5 below, mark its interest in Settle financing during the onboarding process, and inform that it was referred to Settle by the Existing Customer when prompted by the Settle Representative.
Settle reserves the right, in its sole discretion, to reject any Referrals, customers or accounts, and/or deny participation in the Referral Program for any reason.
By submitting a Lead, and/or creating a Settle account, each Participant unconditionally accepts and agrees to comply with and abide by these Terms and Conditions, Settle’s Terms of Service, Privacy Policy, E-Sign Disclosure and Consent, any other applicable Settle policies, and the decisions of Settle, which will be final and binding in all respects.
PRIVACY. Settle’s Privacy Policy will govern any data collected during the Referral Program. By submitting a referral or any information to Sponsor, you represent and warrant that you have permission and authority to do so. Each Participant agrees to Settle’s Privacy Policy.
PARTICIPANT FEEDBACK. As part of the Referral Program, Participants may be requested to provide, and each Referral may include, certain comments, feedback, ideas, reports, suggestions, recommendations, questions, data or other information about Sponsor and/or its products, including without limitation, new features or functionality relating thereto (collectively, “Feedback”). Upon submission of the Referral, all Feedback will become the sole and exclusive property of Sponsor. Each Participant acknowledges and agrees that Sponsor is free to use such Feedback irrespective of any other obligation or limitation between the parties governing such Feedback. Feedback must reflect the Participant’s own honest opinions and/or be based on personal experience. Sponsor is not required to use any Feedback to develop and enhance Sponsor’s current or future products and services. Sponsor has the right to disclose, publicly or to any of its partners, anonymized or aggregated information derived from Feedback. Participants shall have no right of compensation from, credit or attribution or approval over any use of the Feedback by Sponsor.
INCENTIVE.
Existing Customers. Each eligible Existing Customer Participant that submits a complete Referral of a Qualified Lead will be provided an “Incentive” in the form of a $250 gift card (limited to one per Referral of a Qualified Lead) after the following steps have been completed: (1) Qualified Lead completes the full Settle registration and onboarding process, (2) Qualified Lead links its bank account, (3) Qualified Lead links its accounting software, and (4) Qualified Lead is approved through Sponsor’s verification process.
Qualified Leads. Each eligible Qualified Lead Participant will be provided an “Incentive” in the form of a $250 gift card (limited to one per Qualified Lead) after the following steps have been completed: (1) Qualified Lead completes the full Settle registration and onboarding process, (2) Qualified Lead links its bank account, (3) Qualified Lead links its accounting software, and (4) Qualified Lead is approved through Sponsor’s verification process.
In the determination of whether a Lead is a Qualified Lead, Sponsor reserves the right, in its sole discretion, to reject referrals or accounts and/or deny participation in the referral program for any reason.
Each Incentive is provided “AS IS” and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). Sponsor is not responsible for and will not replace any lost, mutilated or stolen Incentive. Gift card Incentive is awarded subject to the terms of the issuer and any terms and conditions set forth on the gift card itself. Participant shall bear, and is responsible for, all taxes, levies and charges associated with and imposed on the Participant in connection with this Agreement and/or the receipt of any consideration and/or Incentive, and any filings required in connection therewith.
LIMITATION OF LIABILITY. SPONSOR WILL NOT BE LIABLE FOR INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGE OR LOSS OF ANY KIND, OR FOR LOSS OF BUSINESS, PROFITS, REVENUE, CONTRACTS OR ANTICIPATED SAVINGS, OR ARISING FROM LOSS, DAMAGE OR CORRUPTION OF ANY DATA. IN ANY EVENT AND UNDER ANY CIRCUMSTANCES, THE SPONSOR’S AGGREGATE AND TOTAL LIABILITY TO A PARTICIPANT ARISING WITH RESPECT TO THIS AGREEMENT WILL NOT EXCEED THE TOTAL INCENTIVES MADE BY SPONSOR TO SUCH PARTICIPANT UNDER THIS AGREEMENT OVER THE SIX MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.
NO WARRANTIES. SPONSOR MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO ANY ARRANGEMENTS CONTEMPLATED BY THIS AGREEMENT, INCLUDING WITHOUT LIMITATION WITH RESPECT TO ANY CLAIMS ARISING FROM THE RELATIONSHIP BETWEEN THE LEADS OR QUALIFIED LEADS AND THE SPONSOR, ANY LOAN OR CREDIT AGREEMENT, INCLUDING BUT NOT LIMITED TO ANY DEFAULT THEREOF, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, MERCHANTABILITY, LEGALITY OR NON-INFRINGEMENT.
RELEASE/DISPUTES/ARBITRATION/GOVERNING LAW. Each Participant agrees to release and hold harmless Sponsor and its partners and affiliates from any injury, loss or damage due to participation in the Referral Program or the acceptance or use/misuse of an Incentive. By participating in the Referral Program, each Participant agrees to be bound by the Agreement to Arbitrate contained in the Sponsor’s Terms of Service (https://app.settle.co/terms-of-service), which is hereby incorporated by reference herein. Subject to the Agreement to Arbitrate, New York law shall govern any and all disputes and claims relating to the Referral Program. The invalidity or unenforceability of any provision of these Terms & Conditions will not affect the validity or enforceability of any other provision.
FRAUD; ABUSE; REJECTION. THE SPONSOR RETAINS THE RIGHT TO REVIEW THE CONSIDERATION PAYABLE PURSUANT TO THIS AGREEMENT TO A PARTICIPANT FOR POSSIBLE FRAUD OR ABUSE, INCLUDING THE OPENING OF FALSE COMPANY ACCOUNTS, WHERE SUCH FRAUD OR ABUSE MAY BE ON THE PART OF A QUALIFIED LEAD’S AND/OR ON EXISTING CUSTOMER’S PART. WITHOUT DEROGATING FROM THE FOREGOING, THE SPONSOR IN ITS SOLE DISCRETION SHALL WITHHOLD THE PAYMENT OF ANY OUTSTANDING INCENTIVE TO THE PARTICIPANT SHOULD THE SPONSOR CONSIDER PARTICIPANT’S ACTIVITY AS FRAUDULENT OR ABUSIVE. FOR THE AVOIDANCE OF DOUBT, CONSIDERATION SHALL NOT BE PAYABLE WITH RESPECT TO (I) ANY QUALIFIED LEADS THAT ARE MEMBERS OF A SETTLE ACCOUNTANT PARTNER’S FIRM OR BUSINESS, (II) ANY CASES IN WHICH EXISTING CUSTOMER USED COUPON PROMOTIONS TO INDUCE A LEAD TO BECOME A QUALIFIED LEAD, AND/OR (III) ANY CASES WHERE EXISTING CUSTOMER PROMOTES THE SPONSOR THROUGH PAID ADVERTISING TO INDUCE A LEAD TO BECOME A QUALIFIED LEAD OR VIA ANY OTHER MANNER NOT PERMITTED BY THIS AGREEMENT. THE SPONSOR, AT ITS SOLE DISCRETION, BASED ON ITS INTERNAL RISK AND COMPLIANCE POLICIES OR FOR ANY OTHER REASON, MAY REJECT CERTAIN LEADS OR DENY CERTAIN PAYMENTS TO A PARTICIPANT. A PARTICIPANT WILL NOT BE ENTITLED TO CONSIDERATION WITH RESPECT TO SUCH REJECTED LEAD OR DENIED PAYMENTS.
MISCELLANEOUS.
Participation in the Referral Program is subject to any terms and conditions, rules, regulations, policies and procedures that Sponsor may, at its discretion, modify or adopt from time-to-time, including by not limited to, these Terms and Conditions, Terms of Service, Privacy Policy, E-Sign Disclosure and Consent, and other applicable Sponsor policies.
Sponsor reserves the right to terminate the Referral Program or change the program rules, benefits, conditions of participation, in whole or in part, at any time, with or without notice. In the event of termination, Participants will be entitled to receive any and all qualified Incentives accrued prior to the termination date.
Failure to follow the Referral Program rules or any misrepresentation of any information furnished to Sponsor may result in the cancellation of the number of Qualified Leads and/or Incentives.