Terms and Conditions

The Jitterbit Customer Referral Program (“Program”) has been created to reward the loyal users of the Jitterbit Platform, (“you,” “Referrer,” “Participant”) for doing what you would already do – recommending us to your peers who sign on to be a Jitterbit customer (“Referred Customer”).

Definitions

“Customer Referral Portal” shall mean the website provided by Jitterbit to Participants containing Program resource tools and information.

“Eligible Referral” means an eligible net new customer lead for the direct purchase of subscription to the Jitterbit Platform directly from Jitterbit, excluding Ineligible Referrals.
“Incentives” shall mean discounts, cash rewards, charitable donations or other incentives

“Ineligible Referrals” means government officials, government owned or -controlled entities and any of their employees, political parties and candidates, Services customers of resellers, any other individuals or entities already in Jitterbit´s systems as prospects or customers, and Jitterbit representatives, agents or employees.

“Marketing Qualified Referral” means a referral from a Participant that is an Eligible Referral and is accepted as a qualified referral by Jitterbit.

“Sales Accepted Lead” means a referral from a Participant that is an Eligible Referral that has met with a Jitterbit account executive and has been accepted by the Jitterbit account executive as a Sales Accepted Lead.

´”Referral” means a company or individual who is a new potential customer and for whom a Participant has submitted to Jitterbit complete and valid registration information through the Customer Referral Portal or to whom the Participant has sent a unique/shareable referral link.

“Referred Customer” means a customer who has entered into a subscription agreement with Jitterbit, Inc for the use of the Jitterbit Platform following a Eligible Referral from a Participant.

“Participant” means a member of the Program with a primary place of business in the United States of America that (i) is a user of the Jitterbit Platform pursuant to a valid subscription agreement; and (ii) is a business, entity, or other individual with a valid tax ID number, but may not include (i) government officials, government owned or/controlled entities and any of their employees

“Program Guide” means any set of applicable Program terms in addition to this Agreement that Jitterbit may make available to Participants via the Customer Referral Portal and that will govern the Participant’s continued participation in the Program.

These Program Terms and Conditions are a binding agreement between you and Jitterbit Inc. (“Jitterbit”) and will govern your participation in the Program. You are not authorized to participate in the Program, if you do not agree to these Program Terms and Conditions in their entirety. Jitterbit reserves the right to modify these Program Terms and Conditions at any time, at its sole discretion, and without notice to you. Jitterbit. may also, in its sole discretion, change, cancel, suspend, or modify any aspect of the Program without notice.

How the Program Works.

To be eligible for referral incentives, a participant must be an active user of the Jitterbit Platform pursuant to an active subscription and sign up as a Participant in the Jitterbit Customer Referral Program the Customer Referral Portal at https://referrals.jitterbit.com/login.

Participant shall be responsible for ensuring that its account information in the Customer Referral Portal is accurate and current.

Participants will promote the Jitterbit Platform only to Eligible Referrals whose principal place of business is located in the United States of America. Participants will not market the Services to any Ineligible Customers.

To submit a referral, Participants must submit complete and valid information related to the Referral in the Customer Referral Portal, or share unique shareable/trackable referral links with Referrals. These referral links are provided to Participants through their account on the Customer Referral Portal. All such entries will become the sole and exclusive property of Jitterbit. Participant acknowledges and agrees that Jitterbit may inform any Referral that it received their contact information from the Participant.

Participants may receive the Incentives as set forth from time to time at the Customer Referral Portal.

Jitterbit reserves the right, in its sole discretion not to provide incentives with respect to Participants where Jitterbit determines Participant’s actions are not consistent with the intent of this Program.

Participant terms and conditions.

Participant represents, warrants and certifies to Jitterbit that: (i) it has legal authority to enter into these terms and participate in the Program; (ii) its participation in the Program and acceptance of incentives does not violate any applicable laws, the Participants´s employer’s policies, or any other duty or obligation Participant may owe to its employer, (iii) it is not is a representative, agent or an employee of a Jitterbit reseller, referral partner or OEM partner, (iv) it has obtained a valid consent from its employer to participate; (iii) each Referral submitted by Participant will be reasonably made in good faith as an Eligible Referral; (iv) by submitting a Referral, it has all of the necessary rights, given all necessary notices, and received explicit, informed, written consent from the Referral to submit the Referral’s contact name and business contact information (including email address, company information, and business phone number) to Jitterbit for the Program and (iv) it will comply with all applicable laws and governmental regulations, including without limitation, as described in these Terms and Conditions.

Participants may not submit Referrals for persons that they do not know personally and/or refer or contact persons in a way that constitutes spam or unsolicited or otherwise undesirable communications. In general, Participants shall not do anything that harms or damages, or may harm or damage, the brand, goodwill, or reputation of Jitterbit or any service providers that assist Jitterbit with providing the Program

PARTICIPANTS ARE SOLELY RESPONSIBLE FOR ALL RELEVANT TAXES ASSOCIATED WITH THE AWARD AND PAYMENT THEREOF.
The value of the Incentive may be treated as ordinary income to you for income tax purposes. Participant will cooperate with Jitterbit as reasonably requested by or on behalf of Jitterbit for purposes of Jitterbit´s compliance with applicable tax law. Additionally, Participants are solely responsible for all incidental expenses and all other costs and expenses you incur in relation to or arising out of participation in the Program.

Participant may not disclose the terms, conditions or existence of any non-public aspect of the Program to any third party, except to its professional advisors under a strict duty of confidentiality or as necessary to comply with law.

Miscellaneous.

Governing Law. ALL CLAIMS ARISING OUT OR RELATING TO THIS AGREEMENT OR ANY RELATED JITTERBIT PRODUCTS OR SERVICES (INCLUDING ANY DISPUTE REGARDING THE INTERPRETATION OR PERFORMANCE OF THE AGREEMENT) (“Dispute”) WILL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, USA, EXCLUDING CALIFORNIA’S CONFLICTS OF LAWS RULES.

The parties will try in good faith to settle any Dispute within 30 days after the Dispute arises. If the Dispute is not resolved within 30 days, any Dispute arising out or relating to the subject matter of this agreement, will be litigated exclusively in the Federal or State Courts of San Francisco County, California, USA, and the parties consent to personal jurisdiction in those courts.

All notices, unless otherwise stated herein, must be in writing and addressed to the attention of the other party’s Legal Department and primary point of contact. Notice will be deemed given when delivered (a) when verified by written receipt if sent by personal courier, overnight courier or mail or (b) when verified by automated receipt of electronic logs if sent by facsimile or email.

Participant will not assign or otherwise transfer its rights or delegate its obligations under the Agreement, in whole or in part, and any attempt to do so will be null and void.

The Agreement is not intended to benefit, nor shall it be deemed to give rise to, any rights in any third party.
The parties are independent contractors and the Agreement does not create any agency, partnership, or joint venture.

No party is liable for inadequate performance to the extent caused by a condition that was beyond its reasonable control.

Failure to enforce any provision will not constitute a waiver. If any provision is found unenforceable, the balance of the provisions will remain in full force and effect.

This Agreement is the parties’ entire agreement relating to its subject and supersedes any prior or contemporaneous agreements on that subject. Any amendments must be in writing and executed by both parties (electronic form acceptable).