Partner Referral Program Terms & Conditions
The DMA Partner Referral Program (the “Program”) is open only to individuals or businesses who are current partners of DMA. Current partners whose accounts are not in good standing (this includes pending cancellations, payments due, and similar instances) are not eligible to participate in the Program. The Program is subject to federal, provincial/territorial, state, and local laws and regulations and is void where prohibited.
2. Agreement to Terms.
These Terms and Conditions (“Terms”) govern your participation in the Program, and it is your responsibility to read and understand the Terms. By participating in the Program, you represent and warrant that (a) you agree to and will comply with the Terms; and (b) you are in compliance with, and will continue to comply with, any policies your employer may have regarding participation in this type of incentive program.
3. How it Works.
Click on the link in the email you received for the DMA Partner Referral Program and fully complete the form with your details as well as the details of the colleague whose company (a) is located in the United States (b) may be interested in becoming a DMA customer, and (c) has not previously been engaged by DMA or been referred by another party under this Program (“Prospect”). If the Prospect purchases DMA within 6 calendar months of the date in which the referral was submitted, then you will be eligible to receive an amount equal to two (2) month’s payment (up to $2,000 USD total) of the new customer’s account in the form of an Amazon gift card sent to you as an individual (the “Referral Award”). In order to receive the Referral Award, the Prospect must complete three (3) calendar months of on-time full payments with DMA.
4. How Many Referral You Can Make.
You are permitted to identify an unlimited number of Prospects to DMA. DMA, in its sole discretion, may decline a referral, or determine that it is not within the scope of these Terms, at any time.
5. DMA will be under no obligation to accept any Prospect as a DMA customer and may decline to accept any Prospect as a DMA customer for any reason, at its sole discretion.
6. Basis for Processing.
DMA processes data based on (a) consent of the user; and (b) the necessity of the data for providing the services that users are contracting for when they become members of the DMA Websites. IF YOU DO NOT CONSENT TO THE PROCESSING OF YOUR DATA IN ORDER TO ACCESS AND USE THE DMA WEBSITES, PLEASE DO NOT USE, OR ENGAGE WITH, THE DMA WEBSITES.
The Program is currently planned to start in January 2020 and will run until such time as DMA determines to end or change the Program. DMA reserves the right to modify any of the Terms of the Program at any time, and without liability or notice to you or another person. If the Terms change, DMA will post updates on the DMA Partner Referral page on the DMA website. You are responsible for remaining knowledgeable as to any changes that DMA may make to these Terms. The most current version of the Terms will be posted on the DMA Partner Referral page on the DMA website and will supersede all previous versions of the Terms. Your continued participation in the Program constitutes your acceptance of any changes made to these Terms.
8. General Terms and Conditions.
DMA reserves the right to discontinue the participation privileges of any person who engages in any fraudulent activity or uses the Program in a manner inconsistent with these Terms or any federal, provincial/territorial or state, or local laws, statutes, or ordinances. Discontinued participation privileges may result in the loss of any pending Referral Award. In addition to discontinuance of participation privileges, DMA shall have the right to take appropriate administrative and/or legal action, including seeking criminal prosecution, as it deems necessary in its sole discretion. Failure by DMA to enforce any term of these Terms shall not constitute a waiver of that provision.
Except where prohibited, you agree that any and all disputes, claims and causes of action arising out of, or connected with, the Program or incentive provided shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in Delaware. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms, your rights and obligations, or the rights and obligations of DMA in connection with the Program, shall be governed by, and construed in accordance with, the laws of Ohio, without giving effect to any choice of law or conflict of law rules (whether of Ohio or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than Ohio.
10. Release and Limitation of Liability.
By participating in the Program, you agree to release and hold harmless DMA, its parent, subsidiaries, affiliates, and each of their respective officers, directors, employees, contractors, and agents (the “Released Parties”) from and against any and all liability, claim or cause of action arising out of participation in the Program or receipt or use/misuse of any incentive, including, but not limited to, (a) unauthorized human intervention in the Program, (b) technical errors, or (c) errors in the administration of the Program. In no event shall the Released Parties be liable for attorney’s fees. You waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.