Hostfully’s Referral Program – Terms and Conditions of Service

Hostfully (“we,” “us” the “Company“) offers you the opportunity to earn rewards by referring friends and acquaintances to use the software and services offered by Hostfully (“Property Management Platform” or “PMP”, and “Digital Guidebooks” or “DGB”)

Your participation in the Hostfully Referral Program (“Hostfully Referral Program” or “Referral Program” or “Program“) can earn you cash or gifts (“Rewards”). We reserve the right to terminate the Program at any time for any reason. We reserve the right to change or modify the value and nature of Rewards at any time. The Program is administered by Hostfully, which may, outsource certain elements of administration of the Program to third parties (collectively “Administrator“).

These terms (“Terms“) apply to a user’s participation in the Program. By participating in the Program, Users agree to use the Program as outlined herein, and consistent with any other terms we may apply to the Program. If you do not agree to these Terms in their entirety, then you cannot register and participate in the Program. Users also cannot where in so doing, they would violate any applicable law or regulations.

Eligibility

This Program is void where such referral programs are prohibited.

Users who have an existing and valid Hostfully user account in good standing and who refer others to the program are “Referrers“. Referrers must be legally able to participate in the Program in the location they are based. When registering for the Program, Referrers must use the same email address that is registered with their existing Hostfully user account. Employees of Hostfully are not eligible.

Those who are not Hostfully users but who refer others to the program are “Affiliates“. Affiliates are not required to have an existing and valid Hostfully user account. Affiliates must be legally able to participate in the Program in the location they are based. Affiliates must apply to the Program and will be accepted based on a review of their application by Hostfully. Employees of Hostfully are not eligible.

Users who are referred to a Hostfully product, software, or service are “Referred Customers”. A Referred Customer obtains this status upon subscribing to a Hostfully software and further to at least one successful financial transaction. Referrals who sign up to free products, or create an account but do not proceed to enter payment card information at check-out do not obtain the status of Referred Customer, and do not earn the Referrer or Affiliate a Reward.

Hostfully reserves the right to determine that a Referrer’s account or eligiblity is invalid, based on criteria outlined above, or any other criteria not explicitly detailed in this terms of service.

To receive their Rewards, Referrers and Affiliates must be able to retrieve funds from the payment processor offered by the Administrator.

How it works for Referrers (otherwise known as Hostfully users)

Once you have access to your Hostfully PMP or Hostfully Digital Guidebook account, access the referrals menu and follow the on-screen instructions to start referring. You will be required to create an account on the Program Administrator’s platform. Existing Hostfully customers who are eligible and with accounts in good standing are automatically enrolled in the Program upon registering on the Administrator’s platform.

Upon successful enrollment on the Administrator’s platform, you will be provided a link which you can share with your friends and colleague.

If a User uses your personal link and signs up to the Hostfully PMP, the Referrer will receive a Reward (15% of the Referred Customer’s monthly subscription price paid in USD cash via a payment processor chosen by the Administrator for twelve months, where the first reward payment is delayed by three months). In the event a Referred Customer signs up for an annual plan, the Reward will be a single 15% reward applied to the value of the annual plan the Referred Customer signed up for, delayed by three months. Referrers will receive their cash reward based on the eligibility criteria outlined above.

If a User uses your personal link and signs up to a paid plan for the Hostfully Digital Guidebooks, the Referrer will receive a Reward  (25% of the Referred Customer’s monthly subscription price paid in USD cash via a payment processor chosen by the Administrator for twelve months, where the first reward payment is delayed by three months).  In the event a Referred Customer signs up for an annual plan, the reward will be a single 25% reward applied to the value of the annual plan the Referred Customer signed up for, delayed by three months. Referrers will receive their cash reward based on the eligibility criteria outlined above.

Note: Users must become Referred Customers within 90 days of clicking on a unique link to initiate the eligibility criteria. Users who have disabled cookies, cleared their cookies after clicking on the unique link, signed up from a different computer or browser than the one used to click the unique link, or who sign up to Hostfully products or services after 90 days of clicking on a referral link, will not be eligible for a referral reward.

Note: Hostfully requires all referrals to be processed through the Program Administrator’s platform. Any referrals made outside the Program Administrator’s platform will not be eligible for a reward.

How it works for Affiliates

Affiliates, promoters, media, consultants, and other individuals or entities may submit an application on the program administrator’s platform which will be reviewed for eligibility by Hostfully.

Once Hostfully has reviewed and approved your application to the program, Affiliates will receive an account on the Administrator’s platform. Affiliates will receive a unique link which can be shared to individuals, groups, and audiences. Affiliates may post their unique links on social media platforms, websites, blogs, or share verbally in video or audio mediums. If a User uses your link and signs up to the Hostfully PMP or Guidebook, the Affiliate will receive a Reward (15% for PMP or 25% for Digital Guidebook of the Referred Customer’s monthly subscription price paid in USD cash via a payment processor chosen by the Administrator for twelve months, where the first reward payment is delayed by three months). In the event a Referred Customer signs up for an annual plan, the Reward will be a single 15% for PMP or 25% for Guidebook reward applied to the value of the annual plan the Referred Customer signed up for, delayed by three months. Affiliates will receive their cash reward based on the eligibility criteria outlined above.

Note: Users must become Referred Customers within 90 days of clicking on a unique link to initiate the eligibility criteria. Users who have disabled cookies, cleared their cookies after clicking on the unique link, signed up from a different computer or browser than the one used to click the unique link, or who sign up to Hostfully products or services after 90 days of clicking on a referral link, will not be eligible for a referral reward.

Note: Hostfully requires all referrals to be processed through the
Program Administrator’s platform. Any referrals made outside the Program
Administrator’s platform will not be eligible for a reward.

Promotions and Special Events

From time to time, Referrers and Affiliates may be offered special promotions (“Special Promotion”). These Special Promotions may be offered to some, but not all Users, depending upon the nature of the promotion and further to the discretion of Hostfully. Such Special Promotions reward users for completing specific actions, or participating in events or activities which will be detailed by Hostfully in the Special Promotion offer. To receive rewards for Special promotions, Users must meet the eligibility criteria outlined above.

Liability Release

Except where prohibited, Users agree that by participating in the Program, they agree: (1) to be bound by these Terms the decisions of Hostfully, its Administrators (if any) and/or their designees, and privacy policies; (2) to release and hold harmless Hostfully and their respective parent companies, 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 (3) to be contacted by Hostfully via e-mail, or any other method of communication not specifically outlined in these Terms.

Except where prohibited by law, the Released Parties shall not be liable for: (i) late, lost, delayed, stolen, misdirected, incomplete unreadable, inaccurate, garbled or unintelligible entries, communications or affidavits, regardless of the method of transmission; (ii) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iv) any injuries, losses or damages of any kind resulting from acceptance, possession or use of a Credit, or from participation in the Program; or (v) any printing, typographical, administrative or technological errors in any websites or materials associated with the Program. Hostfully disclaims 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 Hostfully’s control, corrupt the administration, security or proper play of the Program.

Except where prohibited, 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, 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.

As a condition of entering the Program, and unless prohibited by law, 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. A waiver of rights may not apply to you in your jurisdiction of residence. Additional rights may be available to you.

Hostfully 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.

Applicable Law

Except where prohibited, disputes, claims and causes of action arising out of or related to this Program or any prize awarded shall be resolved under the laws of the United States, and except where prohibited, California law (without reference to its conflicts of laws principles), and participant agrees to submit any dispute to the exclusive jurisdiction of the state and federal courts located in San Francisco County, California.

Referrer’s Code of Conduct

Referrers agree that they will not violate any of these Terms, or otherwise engage in activity that could be considered harassment toward other users. Users agree not to use the Program to:

• Violate the intellectual property rights of Hostfully
• Spam or otherwise create bulk distributions of the Personal Link that is inappropriate
• Collect or attempting to collect personal data about users or potential Referred Customers
• Engage in any actions that are designed to disrupt or undermine the Program
• Make attempts to gain unauthorized access to the software or the Program for any reason
• Transmit files that contain bots, viruses, works, Trojan horses, or any other file that could contaminate or otherwise destroy Hostfully’s intellectual property or stop the function of the Hostfully services
• Engage in illegal or unsportsmanlike activities
• Engage in behavior designed to annoy or harass others
• Engage in actions that disparage or malign or call into question the reputation of Hostfully, in Hostfully’s sole discretion

Inappropriate Behavior

Hostfully may prohibit anyone from participating in the Program or receiving a reward if they determine 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 Hostfully users (whether or not enrolled in the Program), or representatives of Hostfully. Use of any automated system to participate is strictly prohibited, and if discovered, and will result in disqualification. Hostfully reserves the right to disqualify anyone, cancel rewards, disable or suspect an account, and contact legal authorities (including law enforcement), if it should discover a user is tampering with the entry or referral process or the operation of the Program 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.

Privacy

Participation in the Program may require a Referred Customer and/or a Referrer to submit personal information about themselves. The personal information will be collected, processed and used in accordance with Hostfully’s Privacy. In addition, personal information may be used by the Company on the Company’s behalf, to contact Users with regards to participation in the Program and to receive communications from Hostfully or third party administrators of the Program.

Reservations of Rights

We reserve the right to modify or amend at any time these Terms and the methods through which Rewards are earned. We reserve the right to disqualify any User at any time from participation in the Program if a User does not comply with any of these Terms. Hostfully’ failure to enforce any term of these Terms shall not constitute a waiver of that provision.

CAUTION: 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 RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION

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