Referral program

Referral Program - Terms and Conditions

Updated: April 17, 2024

The Mobiniti Referral Program (“Program”) has been created to reward our loyal Customers, (“you,” “Partner,” “Referrer,” “Participant”) for recommending us to your peers who sign on to be a Mobiniti customer (“Referred,” “Participant”).

These Program Terms and Conditions (the “Program Terms and Conditions”), together with the Mobiniti Terms of Use, Messaging Policy, and Privacy Policy (collectively, the “Mobiniti Policies”) constitute a binding agreement between you and Mobiniti, and will govern your participation in the Program and any related offers. You are not authorized to participate in the Program if you do not agree to these Program Terms and Conditions in their entirety. Mobiniti reserves the right, at our sole discretion, to update, change or replace any part of these Program Terms and Conditions by posting updates and changes to this website. It is your responsibility to check this website periodically for changes. Your continued participation in the Program following the posting of any changes to these Program Terms and Conditions constitutes acceptance of those changes.

Mobiniti may also, in its sole discretion, change, cancel, suspend, or modify any aspect of the Program, with or without notice to you. Mobiniti also reserves the right to disqualify any customers or prospective customers at any time from participation in the Program.

1. A Qualified Referral occurs when:
   
   1. The Referrer makes a direct introduction between Mobiniti and a potential customer (the Referred) . The Referred signs up for Mobiniti services and completes their onboarding.
   
   
2. 2. When the Referred customer has activated their subscription, the Referrer will begin to earn referral credits. These credits will be added to the Referrers account on the 1st business day of the month), and will be valid until the 1st business day of the following month, when new referral credits are added. Such credits can be used solely for messaging and have no cash value.
   
   
3. 3. To be eligible for initial and continued participation in the Program, the Referrer must maintain an active subscription with Mobiniti, and abide by the Mobiniti Policies. Mobiniti reserves the right to find ineligible any Participant in the Program at its sole discretion. In the event the Referrer’s account becomes inactive for any reason, any unused referral credits remaining in Referrer’s account at the time the account becomes inactive will be automatically forfeited.

Mobiniti reserves the right, at its sole discretion, to prohibit any Partner from participating in any aspect of the Program if Mobiniti deems or suspects that such Partner has engaged in or has attempted to engage in any unauthorized activities, including, without limitation, the following: a) acting in violation of these Terms and Conditions; b) corrupting the operation of the Program or Site; c) activity deemed in the sole discretion of Mobiniti to be generally inconsistent with the intended operation of the Program. Mobiniti shall be the sole determiner in cases of suspected abuse, fraud, or breach of these Program Terms and Conditions or intent of these Program Terms and Conditions

In no case shall Mobiniti, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from the Program or your participation therein, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your participation in the Program, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

By participating in the Program, Participant hereby releases Mobiniti, its parent and affiliate companies, and its and their respective directors, officers, employees, representatives, and agents from any and all liability for any loss, harm, damages, cost, or expense, including, without limitation, property damages, personal injury and/or death, arising out of or in any way connected to the Program and/or the use of any Program rewards. 

Participant hereby agrees to indemnify, defend, and hold Mobiniti, its parent and affiliate companies, and its and their respective directors, officers, employees, representatives, and agents harmless from and against any and all third party claims, demands, liabilities, costs, or expenses, including attorney’s fees and costs, arising from, or related to your participation in the Program, any breach by Participant of any of these Program Terms and Conditions, or any violation by Participant of applicable laws, rules, or regulations.

THE PARTICIPANTS AND PROSPECTIVE PARTICIPANTS EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE PROGRAM IS AT YOUR SOLE RISK, THE PROGRAM IS PROVIDED STRICTLY ON AN "AS IS" AND "AS AVAILABLE" BASIS. MOBINITI HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS AND TERMS (COLLECTIVELY, "PROMISES") OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR CUSTOM, INCLUDING, BUT NOT LIMITED TO, PROMISES AS TO PRODUCTS OR SERVICES OFFERED THROUGH THE USE OF THE PROGRAM, IMPLIED PROMISES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) MOBINITI MAKES AND GIVES NO PROMISE THAT (i) THE PROGRAM WILL MEET YOUR REQUIREMENTS, (ii) BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS OBTAINED FROM THE USE OF THE PROGRAM WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE PROGRAM WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE PROGRAM WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PROGRAM IS ACCESSED AT YOUR OWN DISCRETION AND RISK. 

These Program Terms and Conditions, together with the Mobiniti Policies (the terms and conditions of which are hereby incorporated by reference), constitute the complete and entire agreement between Participants and Mobiniti concerning Participants’ use of the Program, and supersedes all prior and contemporaneous agreements and communications with respect to the subject matter hereof.  In the event of any conflict or inconsistency between these Program Terms and Conditions and the Mobiniti Policies, these Program Terms and Conditions will prevail solely with respect to the Program and your participation therein, and in all other respects the Mobiniti Policies will prevail.  The failure of Mobiniti to exercise or enforce any right or provision of these Program Terms and Conditions shall not constitute a waiver of such right or provision.

The term of these Program Terms and Conditions will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate these Program Terms and Conditions at any time, with or without cause, by giving the other party notice of termination. Notice by email, to your address on our records, is considered sufficient notice to terminate these Program Terms and Conditions.

Questions about the Terms and Conditions should be sent to us at legal@mobiniti.com.