Referral Program Terms
As a bona fide member of the CNF Exchange community, you are entitled to participate in the Program on condition that you accept the terms and conditions of this Agreement by selecting the “Agree to Referral Program Terms” checkbox. If you do not agree to accept and abide by this Agreement, you should not participate in the Program. You can still use the Site links, but you won’t earn advertising credits. In the event of any inconsistency between this Agreement and the Terms of Service, the terms of this Agreement shall govern.
This may be a temporary program. CNF Exchange reserves the right, in its discretion, to change, terminate or modify all or any part of the Program or this Agreement at any time, effective immediately upon notice published on the Site. Your continued participation in the Program after such notice constitutes your binding acceptance of the terms and conditions in this Agreement, including any changes or modifications made by CNF Exchange as permitted above. If at any time the terms and conditions of this Agreement are no longer acceptable to you, you should immediately cease participation in the Program.
1. RULES OF THE PROGRAM: You agree to actively refer potential members to the Site. For each Successful Referral (as defined below), you receive one advertising credit. For every five credits earned you will receive thirty days of advertising on our Site. CNF Exchange reserves the rights over the placement, addition, and removal of advertising set forth by the CNF Exchange Ads Agreement.
A “Successful Referral” is one that we determine satisfies each of the following criteria:
the referred customer (a “New Client”) must not be a current member of CNF Exchange and must complete, submit, and have accepted a valid registration;
the New Client must reach the Site by clicking on the link in the invitation email sent by you through the Referral Program interface, and not be a result of you creating spam or doing anything that would bring the Program or CNF Exchange into any kind of disrepute;
the New Client must have cookies enabled on their browser when clicking on your link to the Site, when reaching the Site, and when completing the registration (otherwise we can’t track it);
when coming to the Site and completing the registration, the New Client must still have the cookie enabled that was placed on their computer when clicking on the link to the Site and must complete the registration within one year from first visiting the Site.
- if the New Client was invited by you to view a document folder on the Site, the New Client must be logged in to the Site and enter the Token ID from the invitation email into the designated field.
CNF Exchange reserves the right for any reason to refuse any New Client registration and cancel customer membership in its discretion, without notice or any communication to you. Advertising remunerations and amendments to the Program are at the sole discretion of CNF Exchange. Under no circumstances shall CNF Exchange be required to provide you with any information or updates regarding the New Client, except to confirm the referral.
CNF Exchange has a "zero-tolerance" policy towards SPAM: you agree not to use the Site links and invitation emails in any manner that could damage, disable, overburden, or impair the Site or any other site, create spam or any other unwanted solicitation, or interfere with any other party’s use and enjoyment of the Site, their own site or other location of the links. In your use of the Site links and invitation emails you must comply with all applicable laws, including laws that apply in any jurisdiction to SPAM and marketing practices, and with any applicable marketing association guidelines on ethical marketing practices. Any use of the Program or other portions of the Site in violation of the foregoing, violates this Agreement and may result in, among other things, membership termination.
You agree that you will not paste, copy or otherwise impose the Site links anywhere without the consent of the proper authority. CNF Exchange is not responsible for anything that you do with the links. You agree not to use any of our trademarks or intellectual property or make any representations, warranties or other statements concerning CNF Exchange, the Site or any of our products, services or policies, except as detailed in this Agreement.
Each party shall act as an independent contractor and shall have no authority to obligate or bind the other in any respect. Nothing in this Agreement will constitute or be construed as constituting or tending to create an agency, partnership or employer/employee relationship between you and us. In particular, you must not represent or convey the impression that you are an employee or otherwise able to bind CNF Exchange.
2. INDEMNITY: You agree to indemnify, defend and hold CNF Exchange and its affiliates, and their respective directors, officers, employees, shareholders, partners and agents (collectively, the “CNF Exchange Parties”) harmless from and against any and all claims, liability, losses, costs and expenses (including lawyers’ fees on a solicitor and client basis) incurred by any CNF Exchange Party in connection with any breach by you of this Agreement. CNF Exchange reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with CNF Exchange’s defense of such claim.
3. TERM AND TERMINATION: This Agreement is effective so long as you participate in the Program or until the Program is discontinued by CNF Exchange, whichever first occurs. The Referral Program or any aspect of it can be discontinued at any time in CNF Exchange’s discretion upon notice posted on the Site. Upon posting of such notice, the Program and this Agreement shall be thereby terminated as it relates to you.
4. LIMITATION OF LIABILITY: YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE SITE LINKS AND INVITATION EMAILS. IN NO EVENT SHALL CNF EXCHANGE OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, LICENSORS OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THIS AGREEMENT OR THE REFERRAL PROGRAM, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THE SITE LINKS AND INVITATION EMAILS, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF CNF EXCHANGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.
IN ANY EVENT, CNF EXCHANGE’S TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT OR IN RESPECT OF THE USE OR EXPLOITATION OF ANY OR ALL PART OF THE SITE LINKS AND INVITATION EMAILS IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO TEN ($10.00) U.S. DOLLARS.
5. AGE AND RESPONSIBILITY: You represent and warrant that you are of sufficient legal age to use the Site and to create binding legal obligations for any liability you may incur as a result of the use of the Site and your participation in the Program.
6. GOVERNING LAW: This Agreement is made under and shall be construed according to the laws of the State of Florida, U.S.A. In the event that this Agreement is breached, any and all disputes (whether sounding in tort, contract or otherwise) must be settled in a court of competent jurisdiction in Pinellas County, Florida. Both parties to this Agreement hereby consent to the jurisdiction of the state and federal courts of Pinellas County, Florida and waive any rights to contest the power of the courts of the State of Florida to exercise personal jurisdiction over them. BOTH PARTIES AGREE TO WAIVE THEIR RIGHTS TO A JURY TRIAL OF ANY CLAIM OR CAUSE OF ACTION BASED UPON OR ARISING OUT OF THIS AGREEMENT OR ANY DOCUMENT OR AGREEMENT CONTEMPLATED HEREBY.
7. GENERAL: You specifically agree and acknowledge that you have, in addition to the terms of this Agreement, reviewed the terms of the Terms of Service and any other agreements which may be incorporated by reference therein, and you agree to be bound by them.
9. ACKNOWLEDGEMENT: BY SELECTING THE "AGREE TO REFERRAL PROGRAM TERMS" CHECKBOX YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND CNF EXCHANGE REGARDING THE REFERRAL PROGRAM, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND CNF EXCHANGE RELATING TO THE SUBJECT OF THIS AGREEMENT.