By Clicking on “I Agree”, you are entering into an agreement (the “Agreement”) with Amplifinity (hereinafter referred to as “Amplifinity”) as of today’s date (the “Effective Date”), subject to written approval and acceptance by Amplifinity. During the term of this Agreement, Amplifinity will provide certain Programs specified and approved by Amplifinity and ADT LLC (as applicable, “ADT”) in advance in writing in consideration for which Amplifinity will pay you Referral Fees under the terms and conditions of this Agreement which are as follows:
Definitions:
- "Referral Fee(s)" shall mean the amount payable to the Referring ADT Customer (excluding any taxes) and payable by Amplifinity for each Completed Sale based on a response to a Promotional Offer containing ADT promotional material for ADT Equipment and Services (“Promotional Offer”) under this Agreement. The Referring ADT Customers shall deliver or authorize Amplifinity to deliver the Promotional Offer, which shall contain a designated ADT telephone number and other contact channel information plus a Promotion Code, to the Referred ADT Prospect. The Referring ADT Customer is obligated to pay their own federal and/or state income or other tax on any moneys earned pursuant to this Agreement. Any Referral Fees due to the Referring ADT Customer hereunder shall be payable by Amplifinity within thirty (30) days of Amplifinity’s receipt of payment from ADT or ADT’s authorized agent for such Completed Sale. No Referral Fees shall be payable to the Referring ADT Customer hereunder if a Referred ADT Prospect does not call the designated ADT telephone number through Amplifinity or directly to ADT.
- "Completed Sale(s)" shall be defined as Installed Sales from Referred ADT Prospect that has: (i) executed a standard ADT Residential Services Contract (Form 5104), and the three (3) day right of rescission has expired or any other Residential Electronic Security Services Contract then authorized by ADT for use by ADT for the provision of Electronic Security Services to ADT residential (hereinafter referred to as the “ADT Residential Services Contract”) in response to a Promotional Offer.
- "Programs" shall mean the advertising campaigns, approved in advance in writing by ADT and that Amplifinity will perform, and deliverables, if any, which Amplifinity will deliver.
- "Promotional Offer" shall mean the discount or rebate, if any, provided by ADT for the specific ADT product or service being sold by ADT.
- "Referred ADT Prospects" shall mean consumers responding to a Promotional Offer from Programs by calling a designated ADT telephone number in the Promotional Offer, or in anyway responding to a Promotional Offer from Amplifinity emails, Amplifinity Twitter messages, Amplifinity Facebook pages, or other printed advertising as set forth in this Agreement, and who becomes an ADT Customer.
- "Referring ADT Customer" shall mean the ADT Customer who has registered / enrolled with Amplifinity.
Referral Program ("Amplifinity Referral Program").
- Definition. The Amplifinity Referral Program is available for ADT Customers whom Amplifinity and ADT, in their sole discretion, have accepted in writing via web form, into the Amplifinity Referral Program. The Amplifinity Referral Program Referral Fee is paid to the ADT Referring Customer for Completed Sales resulting directly from sales to Referred ADT Prospects as a result of referrals by ADT Customers registered with Amplifinity through an Introductory Message and web form registration agreement secured from the Amplifinity.com website; provided, that ADT Customer becomes a Referring ADT Customer bound by the terms of this Agreement, promoting the ADT Promotional Offer provided by Amplifinity.
- Terms. In order to be eligible for this Program and the Referral Fee, the Referring ADT Customer must be `registered under this Agreement.
- Referral Fees. The Referring ADT Customer understands and agrees that the fee paid by Amplifinity is not earned until a sale of ADT equipment and services to the Referred ADT Prospect is a Completed Sale. Upon a Completed Sale, the Referring ADT Customer shall be paid a Referral Fee issued by Amplifinity and paid within 30 days of the Completed Sale.
- Termination. Upon termination of this Program or this Agreement by Amplifinity or ADT with or without cause, Referring ADT Customer shall not be eligible for a Referral Fee for any Completed Sales, resulting from any Referred ADT Prospect occurring after the date of termination of this Agreement.
- ADT Property. All ADT promotional materials, including the self printable materials containing the Promotional Offer on the www.adtreferafriend.com website remain the property of ADT. Referring ADT Customer shall cease use of and remove the ADT Promotional Offer or any materials upon demand by Amplifinity or ADT or upon expiration or termination of this Agreement by Amplifinity, with or without cause.
- Reporting. Amplifinity will be responsible for notifying the Referring ADT Customer that their Referred ADT Prospect has completed a sale (Completed Sale) by the payment of the Referral Fee.
- Accounting. For this program, Amplifinity will be the single point of contact for all Referral Fee payments to the Referring ADT Customer and to the Referred ADT Prospect after the Completed Sale.
- Approval. ADT or ADT’s agent will approve Referring ADT Customer’s online application by verifying that the applicant is an active ADT Customer. ADT or ADT’s agent will also verify a Completed Sale and authorize Referral Fee payment by Amplifinity to each Referring ADT Customer and Referred ADT Prospect.
- Tax Information. For the Referring ADT Customer to receive the Referral Fee from this, for tax purpose, they must provide a Social Security number on the application form. The Referring ADT Customer must represent and warrant that the social security number they provide on their application is their accurate social security number, and they agree to timely file with the appropriate federal, state, local, foreign or other tax authorities all income and other tax returns required to be filed including, but not limited to, a Form 1099 provided by Amplifinity for any Referral Fees receive during a calendar year in excess of Six Hundred Dollars ($600). Referring ADT Customer must agree to indemnify, defend and hold harmless ADT and Amplifinity, its members, managers, officers, agents, employees, successors and assigns from and against any losses, liabilities, damages, costs or expenses, including interest, penalties and attorneys' fees, based upon, arising out of or otherwise resulting from any inaccuracy or breach of any representations, warranties or obligations set forth herein, including, but not limited to, the foregoing representation and warranty.
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Authority: Referring ADT Customer agrees that Referring ADT Customer’s authority under this Agreement shall be strictly limited to the advertisement and promotion of ADT Offers for ADT Equipment and Services set forth in the Promotional Offer in the manner specifically described in this Agreement. Referring ADT Customer will not have the authority to change any offer or provisions of any offer Referring ADT Customer is not engaged in and shall not represent Referring ADT Customer as being engaged in the sale of ADT Products and Services, only the promotion of ADT Products and Services as specifically set forth herein.
Referring ADT Customer shall not have the right or authority whatsoever to make any verbal or written representations, promises, conditions, inducements or warranties, express or implied, with regard to ADT Product or Services. Referring ADT Customer shall not have the right or authority to create any obligation of any kind on behalf of ADT. In particular, Referring ADT Customer shall not have the right or authority to enter into or modify any materials provided by ADT under this Agreement, nor include pages from ADT website for use on Referring ADT Customer’s website (if such website use is specifically permitted), including but not limited to framing or outlining such pages with Referring ADT Customer’s logo, site name or other material. Referring ADT Customer may not otherwise include or adopt the look and feel of ADT website.
Referring ADT Customer will not include any material on their Web Sites (if such website use is specifically permitted) or other marketing materials that is obscene, pornographic, libelous, slanderous or defamatory.
Referring ADT Customer will not make payments or gifts (monetary or otherwise) to anyone for the purpose of wrongfully influencing decisions in favor of ADT, directly or indirectly. Referring ADT Customer shall not compensate or charge in any manner end users on the basis of visits to the Referring ADT Customer’s websites (if such website use is specifically permitted).
Nothing contained in this Agreement shall be construed as creating a joint venture, partnership or employment or franchise relationship between AMPLIFINITY/ ADT and Referring ADT Customer. Referring ADT Customer understands and agrees that Referring ADT Customer’s status under this Agreement is that of an independent contractor of AMPLIFINITY and that Referring ADT Customer’s status shall in no way be deemed to be that of a Referring ADT Customer or employee of AMPLIFINITY or ADT. Therefore, in dealing with the public, Referring ADT Customer shall at all times identify Referring ADT Customer’s capacity as an independent contractor of AMPLIFINITY authorized only to present the ADT Promotional Offer to customers. At no time shall Referring ADT Customer hold itself out as ADT or represent, in any fashion or nature whatsoever, that Referring ADT Customer is AMPLIFINITY or ADT or a Referring ADT Customer of AMPLIFINITY or ADT.
Referring ADT Customer shall be solely responsible any acts, negligence and omissions that may occur during the term of this Agreement.
- Indemnification. AMPLIFINITY agrees to indemnify, defend and hold harmless ADT Referring Customer, from any damages, claims, costs and expenses, including attorneys’ fees and other legal costs, in connection with any claims or actions arising in any way out of AMPLIFINITY’s duties or obligations set forth in this Agreement or with respect to any of ADT’s Products or Services, whether or not included in the Promotional Offers, including, but not limited to, consumer complaints or product liability claims. ADT Referring Customer agrees to indemnify, defend and hold harmless AMPLIFINITY and ADT from any damages, claims, costs and expenses, including attorneys’ fees and other legal costs, in connection with any claims or actions arising in any way out of ADT Referring Customer duties or obligations set forth in this Agreement.
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Creative Materials: ADT shall be responsible for supplying AMPLIFINITY with creative artwork and promotional offers to be sent as by Amplifinty as E-mails, Twitter messages, Facebook pages, or other electronic or printed advertising as set forth in this Agreement and Web-ready artwork from ADT including logo shall be included in the marketing communications materials (“Creative Materials”). AMPLIFINITY retains control over the creative execution of any marketing communications containing a Promotional Offer, subject to approval by ADT. AMPLIFINITY and ADT shall have the right to review, modify, and approve or object to any promotional materials prepared by Referring ADT Customer pertaining to ADT’s Equipment and Services with a response expected within fifteen (15) business days of receipt of said materials.
Referring ADT Customer shall immediately comply with such request after receipt of demand therefor. In the event of termination of this Agreement or the Program for any or no reason, and without the need for a demand, Referring ADT Customer shall immediately return all Creative Materials in Referring ADT Customer’s possession to AMPLIFINITY.
- Limited License: ADT has granted AMPLIFINITY a limited, non-exclusive, non-transferable license, through permission granted from ADT U.S. Holdings, Inc., the owner and licensor of the trademarks, to use and for Amplifinity’ Referring ADT Customer to use the trademarks of ADT (collectively, “ADT Property”) solely as contained in the ADT Creative Materials that promote the Program during the Term of and solely for the purpose of participating in this Agreement. Referring ADT Customer shall not in any way modify ADT Property. ADT shall have the right to terminate Referring ADT Customer’s right to use this limited license immediately for any or no reason and with or without cause and AMPLIFINITY or ADT shall immediately enforce such termination by way of seeking an injunction, if necessary, against Referring ADT Customer and Referring ADT Customer expressly agrees to this right of termination.
- Keyword Search Engines: Referring ADT Customer will not use pay per click or any other financial purchase of Search Engine keyword placement.
- Publicity: Referring ADT Customer may not issue or release any press release, promotional material, announcement or other statement relating to this Agreement or the terms of this Agreement without the prior written consent of AMPLIFINITY and ADT, which consent shall be given or withheld by the exercise of AMPLIFINITY’ and ADT’S sole discretion.
- No Telemarketing, E-Mailing or Other Non-Approved Form of Distribution of the Self-Printable Material or of the Promotional Offer. Referring ADT Customer utilizing the adtreferafriend.com website to download self-printable material containing the ADT Promotional Offer shall be limited strictly to the in-person distribution of such materials to Referred ADT Prospects and the ADT Referring Customer shall not engage in any other form of distribution of the ADT Promotional Offer, including but not limited to, not engaging in any form of internet advertising, social media marketing (i.e. tweeting, facebook posts etc.), doorhanging, hand placement in mailboxes, faxing, telemarketing, text messaging, or e-mailing of the ADT Promotional offer.
- No Telemarketing Services: The Programs contemplated in this Agreement do not include any telemarketing services, which includes the sending of text messages. ADT Referring Customer will not make any outbound telemarketing calls or send text messages, directly or indirectly, on behalf of ADT, and ADT Referring Customer will not reference ADT in any of ADT Referring Customer’s Programs or those of ADT Referring Customer products or services or use any trademark, service mark, or trade name of ADT in any outbound telemarketing campaigns or outbound telemarketing activities.