OFFICIAL
RULES GOVERNING Q9 NETWORKS' ("Q9") REFERRAL PROGRAM
It is important that you review and understand these official rules prior to participating in the program.
Eligibility
The program is open to all legal residents of Canada and the United States who are 18 years of age or older. Employees, officers, directors, agents, representatives, as well as immediate family and household members of Q9 are not eligible to enter. For the purposes of this program, "immediate family" means an employee's husband, wife, or common law partner, parents, siblings, children, stepchildren, brother-in-law, sister-in-law, father-in-law, mother-in-law, and/or their respective husbands, wives or common law partners.
Participation
To enter the program, you must fully complete and submit, a Participation Form on the Q9 web site (www.Q9.com).
By entering, you agree to abide by the Official Rules Governing Q9 Networks' Referral Program (the "Referral Program") and the decisions of Q9.
No responsibility will be taken by Q9 for entry forms that are illegible, lost, misdirected, improperly recorded or not received for any other reason.
Q9 reserves the right to prohibit you from participating in its Referral Program or any future program if you repeatedly show a disregard for Q9's program rules, or act with an intent to annoy, abuse, threaten, or harass any other participant, employee or representative of Q9.
You represent and warrant to Q9 that your participation in our Referral Program satisfies the following conditions: (a) that you have disclosed your participation to your employer, if you have an obligation to do so; and (b) that you have obtained all necessary approvals from your employer with respect to participating in the Referral Program and any compensation that may result.
Q9 shall not be liable for any act or omission which results in a breach of confidentiality, representations and warranties, or infringement claims with respect to any information you may have provided to Q9 as a result of your participation in our Referral Program.
Q9 shall not be liable for indirect, special, incidental or consequential damages or for any loss of revenue, profits or data in connection with your participation in our Referral Program, even if you have advised us of the possibility of such damages.
Both you and Q9 are acting as an independent contractor and not as an agent, partner, joint venture partner or employee of the other party for any purpose. Nothing contained in this Referral Program shall be deemed to constitute one party an agent, partner, employee, or sales representative of the other, nor provide the authority of one party hereto to bind the other.
Q9 reserves the right to modify these rules and the referral payment rate at any time, in its sole discretion, by notifying you via this web page. As such, you are advised to review this page regularly for any changes. These official rules were last updated on October 22, 2003.
Qualifying Referrals
A qualifying referral will be determined at the sole discretion of Q9 in accordance with the following criteria:
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that the proposed customer
is not one with whom Q9 already has a contact or business relationship;
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that Q9 has not already
received an identical or substantially similar referral; |
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that the proposed customer
actually engage the services of Q9 for a term of one (1) consecutive
year; |
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that the customer has
satisfied Q9's payment requirements with respect to the services;
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that the referral information
is accurate, reliable, and not subject to any conflicts of interest,
breach of confidentiality, non-solicitation or non-compete obligations
which may attach to you; |
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that the referral relates
to a new customer as compared with an existing or return/renewing
customer of Q9; and |
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that you are willing
to positively promote and/or assist Q9, to the best of your
knowledge and ability, in the event that Q9 requires more information
or an introduction with respect to your customer referral. |
A referral may be disqualified, in Q9's sole discretion, if you
have breached any of the terms and conditions of the Referral Program.
If your referral qualifies, you will earn the lesser of 5% of the total before
tax price of the initial 12 month services contract signed by your referred customer or $10,000CDN.
The customer's contract may include initial setup, managed
services, bandwidth and physical space within a Q9 data centre.
Any additional services that the referred customer requests subsequent
to their initial sales order with Q9 will not
form a part of your original referral payment nor constitute a second
qualifying referral payment. For greater clarification, there is
only one referral payment for each referred customer.
If your referral qualifies, you will be paid thirty (30) days after
Q9 has received initial payment in full from the referred customer
in accordance with the terms and conditions of our contract with
them. All payments will be sent to you by regular mail in accordance
with the mailing information you provided to Q9 on the Participation
Form as at the time of your submission of this document. Q9 shall
not be responsible for any lost, misplaced or undelivered mail and
shall not
have any obligation with respect to the updating of your mailing
address information.
All payments will be in the form of a cheque and will be calculated
and made in Canadian dollars. All details required for making payment
to you, if your referral qualifies, will be derived from the information
you provided to Q9 in your Participation Form, which you represent
and warrant to be complete and accurate with absolutely no competing
payment obligations whatsoever regarding your employer.
Q9's maximum liability to you under this program is limited to
the above described referral fee which may be payable to you in accordance
with the rules of this Referral Program.
All federal, state, provincial and local laws apply. A qualifying
participant is solely responsible for all applicable federal, state,
and local taxes.
The Referral Program may be terminated by Q9 at any time without
prior notice.
The Referral Program is governed by these official rules. If you
do not wish to be bound by the terms and conditions set out above,
then do not submit or fill out the attached Participation Form.
However, if you are in agreement with these official rules and wish
to proceed, please read and attest to the following statement. You
are reminded that Q9 reserves the right, in its sole discretion,
to revise any of the terms herein at any time. Any changes will
be posted on this web page. Your continued participation in this
referral program after the posting of any such changes constitutes
your binding acceptance of the changes.
I hereby
acknowledge: (a) that I have read and understand the Official Rules
Governing Q9 Networks' Referral Program; (b) that I agree to be
bound its terms and conditions; and (c) that I wish to evidence
my agreement by completing and submitting the following Participation
Form.
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