Delivra Referral Program Terms and Conditions
Last updated: October 1, 2022
- Introduction. These terms and conditions (“Terms”) apply to your access to and participation in Delivra’s Referral Program (the “Program”). The Program provides current and registered Delivra customers (“you”, ”your”, or “Referrer”) with the opportunity to receive certain rewards (each a “Reward”) for referring qualified new leads and customers (each a “Qualified Referral”). Delivra, in its sole and absolute discretion, and at any time, reserves the right to (i) suspend, terminate, and/or modify the Program, in whole or in part; (ii) add, delete, or modify any of the terms and conditions defined in these Terms; and/or (iii) suspend, terminate, modify, and/or replace or substitute any of the benefits, offers, and/or rewards, in whole or in part, which may be available to you through your participation in the Program, and with or without notice. Any suspension, termination, changes, or modifications to these Terms, the Program, including any Rewards, will be effective immediately upon posting by Delivra.
- Program Timing. This Program will run from 10/1/2022 to 01/31/2023.
- Benefits. Referrers may earn Rewards or other benefits, as further defined in the Program.
- Description. To qualify for certain Rewards, Referrers must perform and meet all of the following requirements:
- Have an active Delivra account in good standing at all times throughout the duration of the Program.
- Introduce your referrals to a Delivra representative by making an email introduction to your customer success manager.
- Qualified Referrals must be a qualified prospect. “Qualified Prospect” as used in these Terms means your referral has participated in a meeting with the Delivra sales team and is determined to be a fit for Delivra’s products, goods and/or services as it relates to compliance, list size, and ability to pay for such products, goods, and/or services. Delivra, in its sole and absolute discretion, determines whether or not your referral is a Qualified Prospect.
- Have an active Delivra account in good standing at all times throughout the duration of the Program.
- Eligibility. To qualify as a Referrer, you must be a current Delivra customer in good standing. “Good standing” means good payment history and compliance with all Delivra terms of service, policies, and other Program requirements, as determined in Delivra’s sole discretion. Existing Delivra users and customers cannot refer themselves. Delivra employees, vendors, contractors, partners, and agencies using Delivra products and/or services are not eligible to participate in the Program.
- Rewards and Other Benefits. Rewards will be issued in the form of an Amazon eGift Card, donation to a favorite charity, or a credit to the Referrer’s account. Rewards are non-transferable, non-exchangeable, non-refundable, and have no cash value.
See Exhibit A for a detailed explanation of rewards and benefits. - Other important Program terms:
- You will be notified by email if you have earned any Rewards. Rewards will be issued thirty (30) days following the calendar month in which the Reward was earned.
- Rewards based on the Qualified Referral’s annual recurring payment will be earned and calculated after the Qualified Referral has been in good standing for twelve (12) consecutive months. “Good standing” means good payment history and compliance with all Delivra terms of service, policies, and other applicable requirements, as determined in Delivra’s sole discretion.
- You acknowledge and agree that we may disclose your name, as the referrer, to your Qualified Prospect.
- Rewards will not be earned and issued for any Qualified Prospects or Qualified Referrals that you may have referred to Delivra prior to the launch of the Program.
- Only one (1) Reward will be earned and issued for each Qualified Referral. If multiple Referrers claim the same Qualified Prospect and/or Qualified Referral, Delivra will have sole discretion to identify the initial Referrer.
- Rewards are awarded “as is” and without any warranty of any kind.
- Amazon eGift Card Rewards will be delivered electronically and sent to the email address on record with Delivra. If you wish to receive your Reward as an Amazon eGift Card Reward, you acknowledge and agree that Delivra will not be responsible or liable for your inability to receive or retrieve the Reward as a result of system or user error.
- Rewards not claimed by you within ninety (90) days following the expiration of the calendar month in which the Reward was earned will be forfeited and you waive your right to claim such Rewards. Delivra will donate any unclaimed Rewards to a registered charity of its choice.
- You will be notified by email if you have earned any Rewards. Rewards will be issued thirty (30) days following the calendar month in which the Reward was earned.
- Delivra reserves the right to end, cancel or change these Terms and/or the Program at any time, at its sole discretion, without notice, for any reason, and to revoke, limit or suspend the Program for any Referrer who appears to be manipulating or abusing the Program, or is engaged in any suspicious or fraudulent activity. Your failure to comply with the terms and conditions of the Program shall result in the immediate forfeiture of any Rewards that have been earned and payable to you.
- Rewards and other benefits, if applicable, must be accepted as awarded and cannot be sold, transferred, or assigned. No Reward substitutions will be permitted unless otherwise authorized by Delivra. You are responsible for any tax consequences associated with your receipt of and use of any earned Reward.
- Referrer agrees not to make any representations that they act on behalf of Delivra, or are an employee, agent, intermediary or representative of Delivra. The Referrer agrees not to use paid advertising or a service of any kind to advertise and promote the Delivra products and/or services in order to earn Rewards. Bulk email distribution, distribution to strangers, or individuals with whom Referrer does not have a relationship with may be grounds for immediate termination from the Program, in addition to any other remedies available to Delivra.
- If for any reason the Program is not capable of being conducted as intended by Delivra, including due to computer viruses, bugs, tampering, unauthorized intervention, fraud, technical failures, human error, or any other cause that corrupts, impairs or interferes with the administration, security, integrity or proper functioning of the Program, Delivra may, at its sole discretion, cancel, terminate, modify, or suspend the Program. THE PROGRAM IS BEING PROVIDED ON AN “AS-IS, AS-AVAILABLE” BASIS. DELIVRA DISCLAIMS ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, AND GUARANTEES WITH RESPECT TO ANY MATTER HEREUNDER, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY PROMISE OF ANY LEVEL OF SUCCESS WITH RESPECT TO THE PROGRAM, IN PART OR IN WHOLE. IN NO EVENT SHALL DELIVRA BE LIABLE TO YOU (I) FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES ARISING FROM YOUR PARTICIPATION IN THE PROGRAM; (II) FOR ANY ACT OR OMISSION THAT IS BEYOND DELIVRA’S REASONABLE CONTROL; AND/OR (III) FOR ANY CHANGE, SUSPENSION, OR TERMINATION OF THE PROGRAM.
- Delivra shall be not responsible for: (a) any incorrect or inaccurate information, whether caused by you or any Qualified Prospect, printing errors or by any of the equipment or programming associated with or utilized in the Program; (b) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in network hardware or software; (c) unauthorized human intervention in any part of the Program; (d) technical or human error which may occur in the administration of the Program or the processing and issuing of Rewards; or (e) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from your participation in the Program or receipt or use or misuse of the Reward.
- You agree to comply with any applicable federal, state and local laws, and the Delivra Terms of Use and Privacy Policy. You further agree to indemnify and hold harmless Delivra, and any officer, director, employee, parent company, subsidiary or affiliated company from and against any and all claims, liabilities, costs and expenses that may be incurred by or arising from your breach of any of the foregoing, any breach of these Terms, and your acts and/or omissions when participating in the Program. The failure of Delivra to enforce at any time any of the provisions of these Terms, the Delivra Terms of Use, and Privacy Policy, or the failure to require at any time performance by you of any of the provisions of any of the foregoing, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect Delivra’s ability to enforce each and every such provision thereafter.
- These Terms, and all claims related to it, shall be governed exclusively by the laws of the State of Indiana, excluding its conflict of law rules. The United Nations Convention on Contracts for the Sale of International Goods shall not apply to these Terms. You agree to submit to the exclusive jurisdiction of the courts of Indiana with respect to any and all legal action and proceedings and expressly and irrevocably waive any defense of personal and/or subject matter jurisdiction in those courts or any claim on the grounds of an inconvenient forum.
- Should you have any questions or need any clarification regarding the Program or these Terms, please contact your customer support manager.
Exhibit A
Explanation of rewards and benefits
Rewards are stackable, meaning that you are eligible to earn Rewards from each of the following categories. Rewards can be earned in the following ways:
- Reward Category 1: $US 100 for each Qualified Prospect as defined in these Terms. A Qualified Prospect cannot be associated with a user or customer account that Delivra has been engaged within the last twelve (12) calendar months. Delivra, in its sole and absolute discretion, determines whether or not your referral is a Qualified Prospect.
- Reward Category 2: $US 150 when the Qualified Prospect becomes a Qualified Referral. A “Qualified Referral” is a Qualified Prospect that has signed a minimum twelve (12) month contract/agreement and has remitted the first payment under such contract/agreement.
- Reward Category 3: Potential Reward based on the Qualified Referral’s annual recurring payment, calculated using the table below.
Reward to be calculated based on the Qualified Referral’s first-year annual recurring payment*
| Reward % | Qualified Referral’s Annual Recurring Payment | Maximum one-time Reward per Qualified Referral |
| 3.5% | $US 5,000-$US 10,000 | $US 350 |
| 5% | $US 10,000+ | $US 2,500 |
*“Annual recurring payment” means the twelve (12) month contract/agreement value of Delivra subscription services. Annual recurring payment does not include professional services, proof of concepts, free trials, short code leases and other passthrough products, or any other one-time services. Amazon eGift Card option for this Reward category type may be subject to certain monetary value limits. Please contact your customer success manager for more information.
Questions?
If you have any questions about Delivra's referral program, please email us at sales@delivra.com.
