REFERAL PROGRAM TERMS AND CONDITIONS
Welcome, and thank you for your interest in the Referral Program (“Program”) powered by AFA Protective Systems, Inc., Inc., a New York corporation, with mailing address set forth above (“AFA Protective Systems, Inc.”, “We”, “Us”, “Our”).
Participation Agreements. Your participation in the Program constitutes your full and unconditional agreement to and acceptance of these Program Terms and Conditions (the “Terms and Conditions”). Subject to applicable law, We reserve the right to modify, limit or restrict participation in the Program to any person at any time for any reason and without notice. Your eligibility and the eligibility of the leads you submit to us under the Program shall be determined by Us in Our sole discretion.
Referrer Requirements. In order to participate as a “Referrer” in the Program, you must enter into the Referrer Agreement (the “Referrer Agreement”) and comply with its terms; comply with these Terms and Conditions; and meet all of the following requirements:
- You must be at least 18 years of age;
- You must be a natural person and resident of the United States;
- You cannot participate in the Program if you are: (A) a AFA Protective Systems, Inc. affiliate marketing partner, supplier, contractor, or marketing agency, (B) a professional lead generator, or (C) an immediate family members of any of the foregoing;
- You cannot participate if you are a business, association, government agency, or any entity other than a natural person;
- If you are currently a AFA Protective Systems, Inc. customer, you must be current on all of your payments and not in default under your Customer Agreement with us;
- All of the information you provide to us (about yourself and the Referees) must be accurate;
- You must comply in all respects with Federal Trade Commission’s Endorsement Guidelines, any statements you make endorsing AFA Protective Systems, Inc. must be truthful, and you must disclose that they are made as part of the AFA Protective Systems, Inc. Referral Program;
- You may be required to complete an IRS form Wc9; and
- You may refer as many potential Referees as you like, but you may not receive more than five (5) Referral Rewards each calendar month. However, in the Company’s sole discretion, the Company may elect to pay any Referral Rewards in excess of such five (5) in the following month.
- You must fill out the Referral Form online. If Referrer does not fill out the Referral Form online then Referrer has not met the minimum requirements and is ineligible to receive any type of benefit or credit.
Referred Requirements. Although we reserve the right to decide whether or not to contact any person that you refer to us, to be eligible, a “Referred” must meet all of the following requirements:
- he/she is a natural person and at least 18 years of age;
- he/she is a resident of a state in which AFA Protective Systems, Inc. offers its products and services;
- he/she is not and never has been a AFA Protective Systems, Inc. customer;
- he/she is owns his/her home;
- he/she has expressed a bone fide interest to you that he/she is interested in hearing more about AFA Protective Systems, Inc. and having AFA Protective Systems, Inc.’s products installed on his/her property;
- he/she is not an employee of AFA Protective Systems, Inc.;
- he/she has agreed to be contacted by AFA Protective Systems, Inc.; and
- he/she has agreed that AFA Protective Systems, Inc. may share information about the progress of system installation with you as the Referrer.
- Referral Requirements. A “Referral” is a lead that you provide to Us meeting all of the following requirements:
- the Referred meets all of the above eligibility requirements;
- the Referred meets Our minimum credit qualifications (as we determine in Our sole discretion);
- the Referee enters into a customer agreement with Us (a “Customer Agreement”); and
- a system is completely installed on the Referred’s property.
- Referrer Requirements. In order to participate as a “Referrer” in the Program, you must enter into the Referrer Agreement (the “Referrer Agreement”) and comply with its terms; comply with these Terms and Conditions; and meet all of the following requirements:
Conduct. In order to comply with applicable law, when participating as a Referrer in the Referral Program, you agree to:
- make no false or misleading representations or advertisements with regard to AFA Protective Systems, Inc., its products or services, or your relationship with AFA Protective Systems, Inc.; to act on behalf of or impersonate any person on the Website, including (without limitation) acting as a referred in filling out any referred information or consents;
- disclose to your prospective referees that you have been incentivized and may be eligible for rewards if you meet certain criteria related to your referral; and
- comply with all applicable laws and regulations, including but not limited to, advertising and marketing laws such as CAN SPAM and the FTC’s Endorsement Guidelines further described below.
- Abuse. If at any time AFA Protective Systems, Inc. suspects or determines, in its sole discretion, that you have violated any laws, the FTC’s Endorsement Guidelines, the Referrer Agreement (if applicable) or these Terms and Conditions in any way in connection with your use of the Referral Program, AFA Protective Systems, Inc. may, in addition to any other rights and remedies it may have, immediately and without notice to you, terminate your participation in the Referral Program and refuse to make any payment to you for referrals that otherwise would have been eligible for a Referral Reward. AFA Protective Systems, Inc. will not be liable to you or to any third party for any claim or cause of action arising out of such termination.
Use of the Website. By participating in the Program, you must not:
- use the Website for any illegal purpose or in violation of any local, state, national, or international law;
- post, upload, or distribute any User Content or other content to the Website that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;
- interfere with security related features of the Website, including by: (A) disabling or circumventing features that prevent or limit use or copying of any content; or (B) reverse engineering or otherwise attempting to discover the source code of any portion of the Website except to the extent that the activity is expressly permitted by applicable law; or
- use the Website to perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Website account without permission, or falsifying your age or date of birth.
FTC Endorsement Guidelines. As a Referrer, you must comply with the Federal Trade Commission’s Endorsement Guidelines, at all times when communicating with potential Referees (for more information about the FTC Guidelines, please visit the FTC website, available at: https://www.ftc.gov/sites/default/files/attach ments/presscreleases/ftccpublishescfinalc guidescgoverningcendorsementsc testimonials/091005revisedendorsementguid es.pdf). Those guidelines require the following: you must clearly and conspicuously
disclose that you may be compensated by AFA Protective Systems, Inc. for marketing its products and services, using words like “sponsored;” “promotion;” “paid ad;” “Ad;” or “#ad” (a link to a website that contains this statement is insufficient);
- any statements that you make about yourself must be accurate (e.g., a statement, “My electric bill dropped over $100 a month using AFA Protective Systems, Inc.’s panels. #ad” must be true); and
- any statements that you make about AFA Protective Systems, Inc.’s products must be substantiated by official published AFA Protective Systems, Inc. documentation (e.g., a statement, “AFA Protective Systems, Inc.’s panels are completely indestructible. #ad” is not permitted when AFA Protective Systems, Inc. does not have proof supporting that statement).
- AFA Protective Systems, Inc. Termination. Subject to applicable law, AFA Protective Systems, Inc. may revoke your participation in the Program and cancel your user account on the Website at any time for any reason or no reason, with or without notice, including, but not limited to, upon any violation by you of the Referrer Agreement (if applicable) or these Terms and Conditions. As a Referrer, if we terminate your participation in the Program because of any breach of the Referrer Agreement or these Terms and Conditions, you forfeit any potential Referral Rewards that you may have been or would have been entitled to receive under the Program.
- Termination by You. You may terminate your participation in the Program at any time by contacting AFA Protective Systems, Inc. at email@example.com. If you terminate your account, you forfeit any Referral Rewards that you are now or would later have been entitled to receive under the Program.
- User Content Generally. Certain features of the Website may permit users to upload content to the Website, including messages, photos, text, and other types of works (“User Content”) and to publish User Content on the Website.
- Limited License Grant to AFA Protective Systems, Inc.. By posting or publishing User Content, you grant AFA Protective Systems, Inc. a worldwide, nonexclusive, royalty free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed.
- User Content Representations and Warranties. You are solely responsible for your User Content and the consequences of posting or publishing User Content. By posting or publishing User Content, you affirm, represent, and warrant that:
- you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize AFA Protective Systems, Inc. and users of the Website to use and distribute your User Content as necessary to exercise the licenses granted by you in this section, in the manner contemplated by AFA Protective Systems, Inc., the Website, and these Terms and Conditions; and
- your User Content, and the use of your User Content as contemplated by these Terms and Conditions, do not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause AFA Protective Systems, Inc. to violate any law or regulation. User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. We may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms and Conditions or is otherwise unlawful.
Claims for less than $10,000. If the relief sought by either Party is for less than $10,000, the following shall apply. You may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing near you (if you live in the United States) consistent with the JAMS Rules. If you are required to pay a filing fee, after we receive notice that you have commenced arbitration, we will promptly reimburse you for your payment of any filing fees. If the arbitrator issues you an award that is greater than the value of our last written settlement offer made before an arbitrator was selected (or if we did not make a settlement offer before an arbitrator was selected), then we will pay you the lesser of the amount of the award or $10,000, plus reasonable attorneys’ fees incurred by you and awarded by the arbitrator. Except as expressly set forth herein, the payment of all costs, filing fees, and administration and arbitrator fees will be governed by the JAMS Rules.
Claims for $10,000 or more. If the relief sought by either Party is for $10,000 or more, all fees and costs (including filing fees, administration and arbitrator fees, all attorneys’ fees, travel expenses, and other costs of the arbitration) shall be borne by you and us in accordance with the JAMS Rules, JAMS Policy on Consumer Arbitrations Pursuant to Pre Dispute Clauses Minimum Standards of Procedural Fairness, and applicable law. The arbitration shall be conducted at a mutually agreeable location near you (if you live in the United States).
Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned, written decision sufficient to explain the essential findings and conclusions on which the award is based and judgment on an arbitration award may be entered in any court of competent jurisdiction. Nothing in this arbitration provision shall preclude you or us from seeking provisional remedies in aid of arbitration from a court of competent jurisdiction.
YOU AGREE TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS DESCRIBED IN THIS SECTION 14 WILL BE DECIDED BY BINDING NEUTRAL ARBITRATION AS PROVIDED BY THE FEDERAL ARBITRATION ACT AND OTHER APPLICABLE LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY AGREEING TO THESE TERMS OR USING THE SITE, YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THIS SECTION 14. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS SECTION 14, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE FEDERAL ARBITRATION ACT AND OTHER APPLICABLE LAW. YOUR AGREEMENT TO THIS SECTION 14 IS VOLUNTARY. YOU HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THIS SECTION 14 TO NEUTRAL ARBITRATION.
REFERRER AGREEMENTWelcome, and thank you for your interest in the Referral Program (the “Program”) powered by AFA Protective Systems, Inc., Inc., a New York corporation, with mailing address set forth above (“AFA Protective Systems, Inc.”, “We”, “Us”, “Our”), along with the related website that will allow you to participate in the Program (“Website”). This Referrer Agreement is a legally binding contract between you and AFA Protective Systems, Inc. regarding your participation in the Program and your use of the Website.
- Referrer Agreement. PLEASE READ THE FOLLOWING TERMS CAREFULLY. BY INDICATING YOUR ACCEPTANCE OF THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS REFERRER AGREEMENT (“AGREEMENT”). If you are not eligible, or do not agree to this Agreement, then you may not participate in the Program.
- Program Overview. The AFA Protective Systems, Inc. Referral Program allows current AFA Protective Systems, Inc. customers and other individuals to refer their friends, family and other contacts to AFA Protective Systems, Inc. (“Referees”). Under the Program, you are eligible to receive a referral reward once a Referee becomes a AFA Protective Systems, Inc. customer (“Referral Reward”) as further described in this Agreement and the Terms and Conditions. You may use the Website to manage the referrals you have made and to get updates on the progress of your Referral Rewards.
- Terms and Conditions The Program Terms and Conditions (available at, https://www.afap.com/privacy-policy/ “Referral Program Terms and Conditions”) describe the eligibility requirements for participating in the Program and the requirements for receiving Referral Rewards. The Terms and Conditions are incorporated by reference into, and made a part of, this Agreement.
- Eligibility. In order to use the Website and participate in the Program, you must meet the eligibility requirements set out in the Terms and Conditions.
- Independent Contractor. You agree that it is your express intention, and the express intention of AFA Protective Systems, Inc., that you participate in the Referral Program as an independent contractor. Nothing in this Agreement shall in any way be construed to constitute you as an agent, employee or representative of AFA Protective Systems, Inc. Without limiting the generality of the foregoing, you are not authorized to bind AFA Protective Systems, Inc. to any liability or obligation or to represent that you have any such authority. You acknowledge and agree that you are obligated to report as income all compensation received by you pursuant to this Agreement. You agree to and acknowledge the obligation to pay all taxes on such income.
- Accounts and Registration. To access the Website, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your email address or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up to date. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, immediately notify us at firstname.lastname@example.org
- Changes to the Program. AFA Protective Systems, Inc. reserves the right, at its discretion, to change this Agreement, the Terms and Conditions, or any aspect of the Program on a going forward basis at any time, upon notice to you via the email address that you have provided to us when you registered for the Program. Disputes arising under this Agreement will be resolved in accordance with the version of this Agreement that was in effect at the time the dispute arose.
- Payment. Payments of any Referral Rewards under the Program are in AFA Protective Systems, Inc.’s sole and absolute discretion. In order to receive payment of Referral Awards you must select the “cash out” option in the Program. You may only request to receive all of your accrued Referral Awards; no partial amounts will be paid. Referral Rewards will be sent to eligible participants in the Program within approximately thirty (30) days after the Referee has satisfied all the Terms and Conditions for a Referral Reward. Any Referral Reward checks must be cashed with ninety (90) days. AFA Protective Systems, Inc. is not responsible for lost checks or Referral Rewards that are not cashed or redeemed within the relevant period. You may refer as many potential referees as you like, but you may not receive more than five (5) Referral Rewards each calendar month.