PackageX Referral Program Terms and Conditions
Last Updated: December 2, 2020
PackageX, Inc. ("we" or "PackageX") may, from time to time, offer users of its cloud-based mail and package handling solution (“Service”), or other persons, the opportunity to earn rewards by referring friends to try the Service (the "Program"). We reserve the right to terminate the Program at any time for any reason.
2. HOW THE PROGRAM WORKS.
2.1 Program Participation. In order to participate, you can refer by visiting https://hubs.la/H0BMg1z0 and follow the on-screen instructions to refer as many friends, family members or colleagues as you want to the Service. Users who refer are called "Referrers" and individuals who are referred are called "Referred Friends". For every "Qualified Referral" (defined below), Referrer may be eligible to receive "Reward(s)" (also defined below), provided Referrer is otherwise eligible under, and fully compliant with, these Terms.
2.2 Eligibility Criteria. Referrers must be legal residents of the 50 U.S. states, the District of Columbia and Canada who (a) are 18 years or older and (b) have the legal right to provide the personal information (e.g., name, email address, phone number, and zip code) of each Referred Friend. Referrers cannot be an employee or contractor to PackageX or the Referred Friend. Referrers cannot be engaged by promotional agencies. Immediate family and household members of any other foregoing are also not eligible. PackageX reserves the right to request to vet and approve persons or entities for participation in the Program in its sole and absolute discretion, which persons or entities shall not be eligible to participate in the Program or receive Rewards unless and until they are approved by PackageX.
2.3 Qualified Referrals. Referrers will be provided with a “Refer-a-Friend” page or account to refer his/her Qualified Referrals.. An individual must be registered with the Program to be able to use this link but no purchase is required. Referrers must respect the spirit of the Program by only referring real third-party individuals who meet the requirements of these Terms. For example, a Referrer may not create multiple or fake accounts with PackageX or participate in the Program using multiple or fake email addresses or identities. Rewards can only be awarded for Qualified Referrals. A Qualified Referral means that all the following conditions are met:
- (a) The Referred Friend must have completed the purchase process. If a Referred Friend purchases the Service using any other link or method, the registration will not count as a Qualified Referral and Referrer will not earn a Reward;
- (b) The Referred Friend was not previously registered with the Service under any email address or alias;
- (c) The Referred Friend is a legal resident of the 50 U.S. states, the District of Columbia and Canada who is 18 years or older; and
- (d) Only one Qualified Referral can be earned for each Referred Friend. Any additional or subsequent purchases made by a Referred Friend will not be Qualified Referrals.
- (e) The Qualified Referral must commit to a term of twelve (12) months or more in its service agreement and keeps current with the payments for 90 days after start of billing.
2.4 Earning Rewards. Referrer shall receive a Reward as described in Sec 2.5 below for each valid and verified Qualified Referral. Restrictions may apply. Rewards are subject to verification. PackageX may withhold a Reward for investigation, or refuse to process any transaction that PackageX deems fraudulent, suspicious, in violation of these Terms, or believes will impose liability on PackageX, its subsidiaries, affiliates or any of their respective officers, directors, employees, representatives and agents. All PackageX decisions are final and binding, including decisions as to whether a Qualified Referral, Credit or Reward is valid. If a Referred Friend is referred by multiple Referrers, the first Referrer to submit the required information based on the date and time of the submission (as determined by PackageX in its sole discretion) shall be the only Referrer entitled to receive the Reward.
2.5 Claiming Rewards. For each Qualified Referral, the Referrer shall be eligible for the benefits set forth below. Company will determine eligibility for Referrer Fees and other benefits hereunder in its sole discretion. For each Qualified Referral:
- a. PackageX shall pay US$50 for each qualified referral via one or more prepaid TANGO cards or other gift card. PackageX will send gift cards at its discretion at the email address provided by the Referrers.
- b. PackageX is not required to give specific reasons why a particular referral has not been deemed a qualified or successful referral, or to make these decisions in a specific amount of time.
Subject to the terms and conditions of this Agreement, PackageX agrees to sell, and Customer agrees to purchase, Access Rights for Subscription Services, and other Services, each as identified in an Order. Each Order shall be binding upon the parties only after mutual execution and each Order shall be considered an integral part of this Agreement. In the event of a conflict between the provisions of this Agreement and the terms of any Order, the Order shall take precedence but only for the Services ordered therein. No pre-printed or “boilerplate” provisions of any purchase order or other document provided by Customer with or as part of any Order or Statement of Work shall be binding upon PackageX. Customer’s Affiliates may enter into Orders, subject to the terms and conditions of this Agreement. By executing an Order, such Affiliate shall be deemed to be “Customer” for the purposes of this Order and agrees to be bound by all terms, conditions and obligations of Customer contained in this Agreement and the applicable Order.
3.1 By participating in the Program, Users agree: (a) to be bound by these Terms and the decisions of PackageX with regards to the Program; (b) to release and hold harmless PackageX and its parent company, affiliates and subsidiaries, together with their respective employees, directors, officers, licensees, licensors, shareholders, attorneys and agents including, without limitation, their respective advertising and promotion entities and any person or entity associated with the production, operation or administration of the Program (collectively, the “Released Parties”), from any and all claims, demands, damages, losses, liabilities, costs or expenses caused by, arising out of, in connection with, or related to their participation in the Program (including, without limitation, any property loss, damage, personal injury or death caused to any person(s) and/or the awarding, receipt and/or use or misuse of the Program or any Reward); and (c) to be contacted by PackageX via e-mail, mail and/or phone. PackageX reserves the right to make changes or additions to these Terms for any reason at any time. PackageX’s failure to enforce any term of these Terms shall not constitute a waiver of that provision.
3.2 The Released Parties shall not be liable for: (a) late, lost, delayed, stolen, misdirected, incomplete unreadable, inaccurate, garbled or unintelligible entries, communications or affidavits, regardless of the method of transmission; (b) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (c) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (d) any injuries, losses or damages of any kind resulting from acceptance, possession or use of a Reward, or from participation in the Program; or (e) any printing, typographical, administrative or technological errors in any websites or materials associated with the Program. Program Entities disclaim any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with this Program, and reserve the right, in their sole discretion, to cancel, modify or suspend the Program should a virus, bug, computer problem, unauthorized intervention or other causes beyond Program Entities control, corrupt the administration, security or proper play of the Program.
3.3 The Released Parties shall not be liable to any Users for failure to supply any Reward or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, tornado, tsunami, war (declared or undeclared), fire, flood, epidemic, pandemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other similar or dissimilar cause beyond any of the Released Parties’ control.
3.4 As a condition of entering the Program, Users agree that under no circumstances will Users be entitled to any awards for any losses or damages, and Users hereby waive all rights to claim punitive, incidental, consequential and any other damages, and waives any and all rights to have damages multiplied or otherwise increased. PackageX reserves the right to cancel or suspend this Program should it determine, in its sole discretion, that the administration, security or fairness of this Program has been compromised in any way.
4. APPLICABLE LAW.
This Agreement shall be construed in accordance with the laws of the State of New York excluding its conflict of law provisions. User agrees that any dispute arising from this Agreement shall be litigated solely and exclusively in the state or federal courts located in the State of New York and hereby consents to the jurisdiction of such courts over itself in any action relating to this Agreement.
Participation in the Program and/or acceptance of a Reward constitutes permission to PackageX to use any User’s PackageX profile information, statements, biographical information, and city and state address for any and all promotional or advertising purposes in connection with the Program, on a worldwide basis and in all forms of media without review, permission or further compensation of any amount or kind whatsoever, where permitted by law.
6.1 Prohibited Conduct. Users agree not to use the Program to:
- (a) Violate applicable law;
- (b) Infringe the intellectual property rights of PackageX or any third parties;
- (c) Stalk, harass, or harm another individual;
- (d) Collect or store personal data about other Users;
- (e) Impersonate any person, or otherwise misrepresent User’s identity;
- (f) Interfere with, disrupt or violate the Terms or servers or networks connected to the Program; or disobey any requirements, procedures, policies, or regulations of such networks;
- (g) Interfere with another User’s use of the Program;
- (h) Attempt to gain unauthorized access to the Program, or to other accounts, computer systems, or networks connected to the Program;
- (i) Transmit any file that contains viruses, worms, Trojan horses, or any other contaminating or destructive features;
- (j) Use the Program to conduct any activity or solicit the performance of any illegal activity or other activity that infringes the rights of others;
- (k) Resell, barter, trade, auction or otherwise generate income by providing access to the Program to others.
6.2 Bulk Distribution. If a Referrer introduces PackageX to a Referred Friend by email, the email must be created and distributed in a personal manner that is appropriate and customary for communications with friends, colleagues and family members. Bulk email distribution, distribution to strangers, or any other promotion in a manner that would constitute or appear to constitute unsolicited commercial email or “spam” in PackageX’s sole discretion is expressly prohibited and may be grounds for immediate termination of the Referrer’s account.
6.3 Fraudulent and Suspicious Behavior. PackageX may prohibit a User from participating in the Program or receiving a Reward, in their sole discretion, if it determines such User is attempting to undermine the fairness, integrity or legitimate operation of the Program in any way by cheating, hacking, deception, or any other unfair playing practices of intending to annoy, abuse, threaten or harass any other users or representatives of Program Entities. Use of any automated system to participate is strictly prohibited and will result in disqualification. Users may not enter with multiple or fake emails addresses or accounts, use fictitious identities or use any system, bot or other device or artifice to participate in the Program or receive a Reward. Program Entities reserve the right to disqualify any User and/or cancel any Reward(s) it finds to be tampering with the entry process or the operation of the Program, submitting self-referrals, or violating these Terms. Referrals generated by a script, macro or other automated means will be disqualified. If a solution cannot be found to restore the integrity of the Program, we reserve the right to cancel, change, or suspend the Program.
6.4 ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE PROGRAM. SHOULD SUCH AN ATTEMPT BE MADE, PROGRAM ENTITIES RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
7. MODIFICATION, SUSPENSION, DISQUALIFICATION AND TERMINATION.
PackageX reserves the right to amend or update the Program and these Terms at any time without prior notice. Upon thirty (30) days’ written notice, or immediately upon notice in the case of an emergency, PackageX may, at its option, suspend or terminate the Program and these Terms, whether worldwide or in any locations or geographic areas, as determined in PackageX’s sole discretion. Upon any suspension or termination of the Program, or the disqualification of a Referrer pursuant to these Terms, (i) Referrer shall immediately cease all promotion of PackageX and its products and services; (ii) PackageX may market, sell or provide products or services to any third party, without obligation to pay Referrer any Rewards; and (iii) except in the event of a disqualification for Referrer’s breach, PackageX will pay applicable Rewards for service agreements which were executed prior to termination or suspension of the Program, in accordance with these Terms.
8. RELATIONSHIP OF THE PARTIES.
The parties hereto shall each be independent contractors in the performance of their obligations under these Terms, and nothing contained herein shall be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose. Nothing in these Terms shall be construed as limiting in any manner PackageX’s marketing and distribution activities, or its appointment of agents or representatives of any kind.