Computer Data Services, LLC Referral Rewards Program Terms and Conditions
The Computer Data Services, LLC (“CDS, LLC”) Business Referral Program (the “Program”) is designed to reward current CDS business customers that are in good standing and Current Non-Customers (“Referrer”) for referring relevant businesses and agencies for service enrollment with CDS, LLC. CDS, LLC employees, officers, directors, contractors and agents or family members or persons living in the same household of any of the foregoing are not eligible to participate in the Program. By submitting a referral under the Program, each Referrer (as hereinafter defined) acknowledges that it has read and unconditionally agrees to be bound by these terms and conditions and the decisions of CDS, LLC, which are final and binding in all respects. The Program is subject to all applicable federal, state, and local laws, rules, and regulations. Void where prohibited or restricted by law, rule or regulation.
The Program begins at 12:01 AM Eastern Prevailing Time (“EPT”) on May 22, 2023, and ends at the discretion of CDS, LLC (the “Referral Period”).
During the Referral Period, Referrers may submit potential business customer referrals (each, a “Potential Referral”) through the CDS, LLC website (the “Program Website”) located at https://cdsanswersforyou.com/r... or through an authorized link, provided by CDS, LLC. Referrers must fully complete and submit all required fields on the Program Website or through a provided link, to the Potential Referral, including contracting entity name and applicable decision- maker’s(s’) name(s), titles, telephone number(s) and email address(es). No other method of referral is permitted, and incomplete and/or inaccurate referrals are void. Within thirty (30) business days of each such submission of a Potential Referral for consideration, CDS, LLC shall use reasonable efforts to inform the relevant Referrer whether CDS, LLC rejects such Potential Referral for solicitation by CDS, LLC as a result of Referrer’s referral hereunder (Absent such rejection, the Potential Referral is deemed accepted by CDS, LLC), such decision is CDS, LLC’s sole and absolute discretion, without recourse and which may be based upon whether such Potential Referral is already known to CDS, LLC and/or CDS, LLC is already soliciting such Potential Referral through its own sales team. For the avoidance of doubt, Referrers shall not earn any Referral Reward (as hereinafter defined) on any Potential Referral that is not accepted by CDS, LLC under this paragraph and does not become a Referral.
A “Referral” is a Potential Referral that signs a contract for services with CDS, LLC, pays their initial development fee, and their first, monthly recurring fee.
Referrer acknowledges and agrees that: (1) CDS, LLC maintains sole and absolute discretion to accept or reject any Potential Referral; (2) CDS, LLC reserves all rights to conduct the necessary due diligence concerning a Potential Referral and thereafter accept or reject any Potential Referral is CDS, LLC’s sole and absolute discretion; and (3) CDS, LLC is under no obligation to execute any service contract with any Potential Referral.
Program Requirements and Restrictions
- Each Referrer, who is a current CDS, LLC customer must be in good standing, at the time of Referral Reward validation.
- Referrers may refer an unlimited number of Potential Referrals to CDS, LLC.
- All Referral Rewards will be issued in the name of the entity that employs the Referrer.
- Referral Rewards are not available to a Referrer for any (a) Potential Referral that enrolls with CDS, LLC prior to CDS, LLC accepting or rejecting such Potential Referral for solicitation by CDS, LLC; or (b) Potential Referral that completes enrollment after cancellation or termination of the Program.
- Only one Referrer is permitted per Referral.
- Only one Referral Reward will be issued per Referral.
Referral Reward Information
CDS, LLC will issue compensation for each Referral as a one-time cash payment, in the name of the Referrer’s place of employment. If the Referrer is employed by a current CDS, LLC customer, they must be in good standing to receive a Referral Reward.
Referee Contract Range / Referral Reward
- Up to $10,000 / $1,000
- $10,001 to $50,000 / $2,500
- Above $50,001 / $5,000
Referral Rewards are paid in cash. The sale, barter, assignment, or other disposal of Referral Rewards is expressly prohibited. Referral Rewards do not constitute property, may not be assigned and are not transferable to any third party. Any Referral Rewards assigned, sold, or otherwise transferred in violation of these terms and conditions is void. Each Referrer is fully responsible for any and all applicable federal, state, and local taxes (including income and withholding taxes) with respect to any Referral Reward.
Program Guidelines on Endorsements and Testimonials
- Be honest and accurate. As part of your participation in the Program, you agree and acknowledge that you are responsible for making truthful and accurate statements about CDS, LLC’s products/services in connection with any referral. The safest way to make a referral is to be honest and accurate. If you are unsure about the answer to a question about a CDS, LLC product/service in connection with your referral, refer that person to https://cdsanswersforyou.com or a member of CDS, LLC’s team. Please be aware that, per the “FTC Guides Concerning the Use of Endorsements and Testimonials in Advertising,” you can be held liable for false or misleading statements made in connection with your endorsement or testimonial about a CDS, LLC product/service.
- If true, disclose the fact that you are a CDS LLC customer. You must disclose your relationship with CDS, LLC at the outset of any referral communication. This means you must disclose the fact that you are a CDS, LLC customer at the beginning of the conversation with any Potential Referral. The disclosure can be as simple as: “I am a CDS, LLC customer and this is my personal opinion.” Be sure to make this disclosure clearly and conspicuously.
- Disclose the fact that you may receive a Referral Reward for a successful referral. You must clearly and conspicuously disclose the fact that you, the Referrer, may receive a Referral Reward for a successful referral.
By submitting a Potential Referral under the Program, you are agreeing to abide by these Program Guidelines on Endorsements and Testimonials (“Guidelines”). Failure to abide by these Guidelines can result in immediate termination of your participation in the Program and forfeiture of any Referral Rewards. Referrers shall remain in full compliance with any and all applicable federal, state, and local laws, rules, and regulations, including all applicable agent, broker and consultant licensing laws, rules, and regulations and, as such, shall not participate in any given sales process with a Potential Referral after submitting the referral on the Program Website. Participation in the Program shall not be interpreted to create an employment, partnership, joint venture, parent-subsidiary, agency, or any similar relationship between the Referrer and CDS, LLC. No Referrer should hold itself out as an employee, manager, agent, or partner of CDS, LLC.
Disclosure of Information
Referrer authorizes CDS, LLC to disclose necessary information related to the Program to agents of CDS, LLC or its affiliates, such as independent auditors, consultants, or attorneys and to comply with government agency or court orders or requests.
Limitation of Warranty
THE PROGRAM IS PROVIDED TO EACH PARTICIPANT “AS IS” WITH NO EXPRESS OR IMPLIED WARRANTY OR CONDITION. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CDS, LLC EXCLUDES ALL CONDITIONS, REPRESENTATIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED INTO OR INCORPORATED INTO THESE TERMS AND CONDITIONS, WHETHER BY STATUTE, COMMON LAW OR OTHERWISE, WITH RESPECT TO THE PROGRAM, INCLUDING IMPLIED WARRANTIES AND TERMS AS TO MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR ANY PARTICULAR PURPOSE AND IMPLIED WARRANTIES AND TERMS ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
REFERRER ACKNOWLEDGES THAT IT HAS NOT RELIED UPON ANY REPRESENTATION, WARRANTY OR OTHER ASSURANCE GIVEN OR MADE BY OR ON BEHALF OF CDS, LLC PRIOR TO THESE TERMS AND CONDITIONS AND REFERRER WAIVES ALL REMEDIES WHICH MIGHT OTHERWISE BE AVAILABLE TO IT IN RESPECT OF SUCH REPRESENTATION, WARRANTY OR OTHER ASSURANCE.
ALTHOUGH CDS, LLC INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE PROGRAM WEBSITE, CDS, LLC DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS THAT THE PROGRAM WEBSITE IS FREE OF DESTRUCTIVE MATERIALS. IN ADDITION, CDS, LLC DOES NOT WARRANT THAT ACCESS TO THE PROGRAM WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND CDS, LLC ASSUMES NO RESPONSIBILITY FOR ANY LOSS OR DAMAGE CAUSED BY YOUR ACCESS, OR INABILITY TO ACCESS, THE PROGRAM WEBSITE.
Limitation of Liability
CDS, LLC SHALL NOT BE LIABLE FOR ANY DAMAGES, CLAIMS OR LOSSES INCURRED (INCLUDING COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING ANY DAMAGES FOR LOSS OF INCOME OR PROFITS)), HOWEVER CAUSED AND WHETHER ARISING BY STATUTE, COMMON LAW OR OTHERWISE IN CONNECTION WITH: (A) THE PROGRAM; (B) ANY FAILURE, DELAY, OR DECISION BY CDS, LLC IN ADMINISTERING THE PROGRAM; OR (C) THE USE OR INABILITY TO USE THE PROGRAM WEBSITE, EVEN IF CDS, LLC, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Termination or Changes to the Program
CDS, LLC reserves the right to cancel, suspend, terminate, or otherwise modify the Program (or any portion thereof) at any time and for whatever reason without notice. Notification of Program termination may be publicized on the Program Website. CDS, LLC will not be responsible for failing to notify you of Program termination where such failure is caused by your failure to check the Program Website. CDS, LLC may modify these terms and conditions from time to time, with or without notice, and your continued participation in the Program after such modification shall be deemed to be your acceptance of any such modification. It is your responsibility to check these terms and conditions of the Program regularly to determine whether they have been modified. If you do not agree to any modification of these terms and conditions, you must immediately cease participation in the Program.
Fraud: Termination of Participation
Participation in the Program is subject to these terms and conditions. Any failure to comply with them, any fraud or abuse relating to the accrual or redemption of Referral Rewards, or any misrepresentation of any information furnished to CDS, LLC or its affiliates by you, or anyone acting on your behalf, may result in the termination of your participation in the Program and cancellation and/or forfeiture of your Referral Rewards.
All questions or disputes regarding the Program, including questions or disputes regarding eligibility for the Program and all interpretations of Program terms and conditions shall be at the sole and absolute discretion of CDS, LLC. In the event that an error is made by CDS, LLC, such error shall not constitute a breach of these terms and conditions.
CDS, LLC is not responsible for late, incomplete, inaccurate, misrouted, or delayed Potential Referral submissions or transmissions on the Program Website or any other errors, problems, or difficulties of any kind whether human, mechanical, electronic, network, computer or otherwise relating to or in connection with the Program. CDS, LLC is also not responsible for any incorrect or inaccurate information, whether caused by Program Website users, tampering, hacking, or by any equipment or programming associated with or utilized in the Program. CDS, LLC is not responsible for injury or damage to participants’ or to any other person’s computer related to or resulting from their participating in the Program or downloading materials from or use of the Program Website.
Persons who tamper with or abuse any aspect of the Program, including the Program Website, or attempt to undermine the legitimate operation of the Program by cheating, deception or other unfair practices, or intend to annoy, abuse, threaten or harass any Referrer or Potential Referral or CDS, LLC’s representatives or who are in violation of these terms and conditions, as determined by CDS, LLC in its sole and absolute discretion, may result in the termination of your participation in the Program and cancellation and/or forfeiture of your Referral Rewards. Any attempt to deliberately damage the content or operation of the Program, including the Program Website, is unlawful and subject to legal action by CDS, LLC. CDS, LLC shall have the sole right to disqualify any Program participant for violation of these terms and conditions or any applicable laws relating to the Program, and to resolve all disputes in its sole and absolute discretion. The failure of CDS, LLC to enforce any term of these terms and conditions shall not constitute a waiver of that provision. As to all matters of construction and interpretation, these terms and conditions shall be interpreted, governed by, and construed in accordance with the laws of the State of Ohio, without regard to its choice of law provisions.
Any action arising out of these terms and conditions shall be filed in any state or federal court within the State of Ohio, in the plaintiff party’s sole discretion, and each of CDS, LLC and Referrer irrevocably submit to the jurisdiction of said courts for purpose of any such actions. Each of CDS, LLC and Referrer further consent to venue in said courts and specifically waive any objection to venue, including forum non conveniens. EACH OF CDS, LLC AND REFERRER ACKNOWLEDGE AND AGREE THAT THE RIGHT TO TRIAL BY JURY OF ANY SIZE IS IRREVOCABLY WAIVED. If any provision of these terms and conditions is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the other provisions contained herein will remain in full force and effect. The words “include,” “includes,” and “including” when used in these terms and conditions shall be deemed to be followed by the phrase “without limitation.” These terms and conditions constitute the entire agreement between you and CDS, LLC with respect to the Program.