I. Definitions
- "8x8" means (i) if Referrer is domiciled in the United States or Canada, 8x8, Inc.; and (ii) if Referrer is domiciled in the United Kingdom, 8x8 UK Limited.
- "8x8 Referral Program" or "Program" means the program described on the website located at https://www.8x8.com/referral-program (or such successor site as designated by 8x8).
- "Lead" means the validly registered and complete information of a company that is a prospective new 8x8 customer.
- "Referrer" means an individual or company that is properly enrolled on the Program website.
- "Referee" means the company identified on an active Lead submitted to 8x8 by the Referrer and that (i) is not already in 8x8’s lead management database as of the date the Lead is first submitted to 8x8 by Referrer; and (ii) remains a customer of 8x8 in good standing and current in payment for the Qualifying Period and, if applicable, Qualifying Add-On Period.
- "Qualifying Line(s)" means a Virtual Office Unlimited extension, a Virtual Office Global extension, a Virtual Office Edition extension, a Virtual Contact Center seat, an eligible X Series extension (X1, X2, X3, X5, X6, X7 or X8 extensions only) and an 8x8 Express extension, to the extent not excluded in a specific territory.
- "Qualifying Add-On Line(s)" means any Qualifying Line included in a Referee’s add-on order that is submitted to, and accepted by, 8x8 within the Qualifying Period.
- "Qualifying Period" means the period of 90 days from the date that Referee’s initial order for the Qualifying Lines is submitted to 8x8.
- "Qualifying Add-On Period" means the period of 90 days from the date that the Referee's order for the Qualifying Add-On Lines is submitted to 8x8.
II. 8x8 Referral Program
- Reward. Subject to these terms and conditions, and provided that the Referee’s initial order is for at least one (1) Qualifying Line, for each Qualifying Line and Qualifying Add-On Line that a Referee orders via a direct sale with 8x8 within the Qualifying Period, 8x8 shall pay Referrer the following applicable rewards ("Reward"):
For US:
Qualifying Line Reward / Qualifying Line and Qualifying Add-On Line X Series X1 only $25 USD 8x8 Express $12 USD All other Qualifying Lines $100 USD Maximum Total Reward: $15,000 USD per Referee
For Canada:
Qualifying Line Reward / Qualifying Line and Qualifying Add-On Line X Series X1 only $25 CAD 8x8 Express Not Eligible All other Qualifying Lines $100 CAD Maximum Total Reward: $15,000 CAD per Referee
For United Kingdom:
Qualifying Line Reward / Qualifying Line and Qualifying Add-On Line X Series X1 only £10 GBP 8x8 Express £8 GBP All other Qualifying Lines £50 GBP Maximum Total Reward: £10,000 GBP per Referee
If any Qualifying Lines are removed or cancelled from the Referee’s account during the Qualifying Period or any Qualifying Add-On Lines are removed or cancelled from the Referee’s account during the Qualifying Add-On Period, the Reward will be reduced to reflect the status of Qualifying Lines and Qualifying Add-On Lines on the Referee’s account as of the last day of the applicable Qualifying Period and Qualifying Add-On Period. Orders for services submitted after the expiration of the Qualifying Period are not eligible for a Reward under the Program. - Registration. To be eligible to receive a Reward under the Program, Referrer must (i) be validly enrolled in the Program, including by providing complete, accurate, and up to date contact information; and (ii) for US and Canada, have submitted to 8x8 a complete and accurate W-9 tax form, or equivalent for eligible foreign countries, prior to the expiration of the applicable Qualifying Period for the Referee. Payment of a Reward will be forfeited if Referrer has not complied with the requirements herein.
- Leads. Referrer must submit complete and accurate information for each Lead via the online submission form provided. Only one Lead may be submitted for each prospective new customer of 8x8. A Lead is considered active for a period of six (6) months from the date first submitted by Referrer. If a Lead has not converted into a customer of 8x8 within the six-month period, the Lead shall expire and the Referrer shall not be entitled to a Reward if the prospective customer subsequently purchases 8x8 services, unless Referrer can provide 8x8 with reasonable written proof that Referrer continues to be actively engaged with the Lead and 8x8 in converting the Lead to Referee. If a Lead has expired, Referrer may resubmit the lead to 8x8. Leads that are generated by a script, macro, or other automated source are ineligible for the Program. Upon submission to 8x8, all Leads will become the sole and exclusive property of 8x8 and will not be returned to Referrer.
- Limitations and Exclusions. Offer valid in the U.S., Canada, and the United Kingdom only and cannot be combined with any other offers. The Program is valid only for referrals to new customers that have not subscribed to any 8x8 service previously. Companies, or individuals representing a company, (i) referred to 8x8 prior to the date on which a Lead is submitted by Referrer to 8x8, (ii) engaged in discussions with 8x8 as of the date the Lead is submitted by Referrer, or (iii) which are an affiliate or subsidiary of an existing 8x8 customer, do not qualify under the Program.
- Payment. If a Reward is due and Referrer has complied with the Program terms and requirements, 8x8 shall pay the Reward to Referrer within 45 days from the expiration of the applicable Qualifying Period or (with respect to Qualifying Add-On Lines) the applicable Qualifying Add-On Period. Payment of a Reward is made in the currency decided by 8x8 and by issuing a check or deposit via ACH, bank transfer, or any other method, as determined in 8x8’s sole discretion. If there is any discrepancy between registration information provided by Referrer and the W-9 tax form, or equivalent for eligible foreign countries, submitted to 8x8, the information on the W-9 tax form, or equivalent for eligible foreign countries, shall control. Where the Referrer is based in the United Kingdom and is VAT registered, a valid VAT invoice must be issued to 8x8 before any payment for business referrals can be made.
- Taxes & Costs. REFERRER IS SOLELY RESPONSIBLE FOR ALL APPLICABLE LOCAL, NATIONAL, STATE, FEDERAL, AND FOREIGN TAXES ASSOCIATED WITH THE REWARD AND PAYMENT THEREOF. The value of the Reward will be treated as ordinary income to the Referrer for income tax purposes, and an IRS Form 1099 (or equivalent for eligible foreign countries) for the relevant year will be sent to the Referrer if required by local law. Additionally, Referrer is solely responsible for any and all incidental expenses and all other costs and expenses Referrer incurs in relation to or arising out of participation in the Program.
III. Referrer
- Referrer acknowledges and agrees to the following:
- Referrer is an independent contractor and is not an authorized reseller of 8x8 services. Referrer shall (1) at all times deal with current, prospective, and former 8x8 customers with the utmost degree of integrity, honesty, fairness, and professionalism, and in accordance with industry standards and best practices; (2) at all times conduct itself in a manner that that reflects favorably and positively on 8x8 and 8x8’s services, affiliates, and partners, and not disparage or discredit any of the foregoing or their reputations or images; and (3) provide such assistance and cooperation as 8x8 may reasonably request in connection with its efforts to acquire, support, service, and/or retain Referee. Referrer shall not (4) make any representations, warranties, commitments, promises, guarantees, or assurances to prospective, current, or former customers of 8x8 on behalf of 8x8; (5) make any claims regarding any 8x8 services beyond those made by 8x8 in the documentation relating to 8x8 services available at www.8x8.com (or such successor site as designated by 8x8); (6) misrepresent the nature, scope, functionality, compliance/non-compliance, or capabilities of any 8x8 services; or (7) take any action to undercut or directly compete with 8x8’s marketing, promotional, or sales initiatives, campaigns, or programs, which actions shall include without limitation bidding on paid online or search engine (including mobile) search terms or key-words, or other search terms or key-words open to bidding, relating to 8x8’s trademarks or branding (including without limitation “8x8,” “Virtual Office,” “Virtual Contact Center,” “Virtual Call Center,” “8x8 Editions”, “X Series”).
- By submitting a Lead, Referrer represents and warrants that (i) it has reviewed 8x8’s Privacy Policy (available at https://www.8x8.com/terms-and-conditions/privacy-policy) which sets out how 8x8 handles the Referrer’s information, (ii) it has received prior express written consent of the company, or individual representing a company, contact included in the Lead to disclose the contact’s name and business contact information to 8x8; and (iii) the contact is a representative of a company in a decision-making role. Referrer acknowledges and agrees that 8x8 may disclose to any party that 8x8 received the Lead information from Referrer.
- Referrer shall, and represents and warrants that it will, at its own expense, (1) comply with all applicable laws, statutes, and regulations, including without limitation those related to marketing, telemarketing, advertising, and/or unsolicited communications (such as the United States Telephone Consumer Protection Act, Telemarketing Sales Rule, and CAN SPAM Act, the Canada Anti-Spam Legislation, the Federal Trade Commission's 16 CFR Part 255 "Guides Concerning the Use of Endorsements and Testimonials in Advertising"); unfair and/or deceptive practices or advertisement, and/or consumer protection; bribery and/or corrupt practices (such as the United States Foreign Corrupt Practices Act and the Canadian Corruption of Foreign Public Officials Act); and the privacy, security, and/or protection of data (such as Section 5(a) of the Federal Trade Commission Act (15 U.S.C. §45), the Canadian Personal Information Protection and Electronic Documents Act, and any applicable state or provincial privacy laws); Applicable Data Protection Law (including as applicable the Data Protection Act 2018, the GDPR, the Data Retention (EC Directive) Regulations 2009, the Privacy and Electronic Communications Regulations 2003 (including the prohibition on making unsolicited or direct marketing calls to any subscriber to the Telephone Preference Service), the Communications Act 2003, the Investigatory Powers Act 2016, the Consumer Protection from Unfair Trading Regulations 2008 and Ofcom’s policy on silent and abandoned calls and (2) procure and maintain (without material lapse, suspension, or other interruption) all applicable authorizations that it is required to procure or maintain in connection with such activities.
- If Referrer posts on any social media (e.g., LinkedIn, Facebook, Twitter) as a part of this Program, Referrer will include, and not delete, any disclosure that the Program website automatically creates for the post you are making, and, in the event that no such disclosure is automatically generated, Referrer will include an appropriate disclosure that it is a paid advertisement or endorsement (e.g., "This is a paid endorsement", "#paidad", or “#ad”) in any social media posts you make as a part of this Program. Referrer is responsible for ensuring that posts on any social media site comply with the terms of use of the site.
- If Referrer has an economic, fiduciary, or other similar relationship or obligation with or to a Referee, Referrer shall make any and all actual or potential conflict of interest disclosures to the Referee, including without limitation the fact that Referrer may benefit under this Program from Referee’s purchase of 8x8 services, required by applicable law, statute, regulation, code of conduct, or rule as a result of Referrer’s participation in this Program and/or eligibility to receive or actual receipt of a Reward.
- 8x8 may cease to offer the 8x8 Referral Program or its benefits to any Referrer where 8x8, in its sole discretion, suspects of or otherwise determines that (1) Referrer has committed fraud or abuse; (2) Referrer has breached the terms of the Program; or (3) it would be illegal, unethical or otherwise a violation of law, statute, regulation, or 8x8’s or such Referrer’s or Referee’s code of business conduct or rules.
- Ineligibility. The following are not eligible to register as a Referrer for or to receive a Reward under the Referral Program: (i) owners, employees, agents, officers, directors, subsidiaries or affiliates of the Referee or any of its affiliates or subsidiaries; (ii) employees, agents, officers, directors, or elected or appointed officials of any local, national, state, Federal, or international governmental or other public agency, including without limitation any legislative, administrative or judicial agency; and (iii) unless expressly permitted under Section III(c) below, employees, agents, officers, directors, or contractors of 8x8 or any of its affiliates or subsidiaries, and any and all immediate family members of and/or those living in the same household as any of the foregoing persons ineligible under (i)-(iii).
- 8x8 Employees. U.S., Canada, and United Kingdom employees of 8x8 or any of its affiliates or subsidiaries who are not (i) in the sales organization, (ii) in the marketing organization and involved in customer procurement activities, or (iii) director level or above, may participate in the Program (“Eligible Employees”) as a Referrer, subject to these terms and conditions and the following additional limitations: (1) Rewards are limited to a maximum total (per Referee) of $5,000 USD for US employees, $5,000 CAD for Canada employees, and £5,000 GBP for United Kingdom employees; and (2) payment will be made in accordance with applicable 8x8 payroll policies and practices in effect at the time, in the Eligible Employee’s local currency at the time of payment, and subject to required payroll deductions and tax withholdings. Participation in the Program does not constitute an agreement (express or implied) between the Eligible Employee and 8x8 that the Eligible Employee will be employed by 8x8 for any specific period of time, or any agreement for continuing or long-term employment, or, with respect to Eligible Employees employed by 8x8 in the United States, employment other than at-will, or an expectation that any amount of compensation specified herein will become earned by or due to any Eligible Employee. Any amount payable to an Eligible Employee under the Program is a one-time discretionary award and, as such, does not constitute a contractual entitlement and shall not be considered as “salary” in any circumstance and shall not, in particular, be included in calculations for notice, severance or any other benefits under any applicable plan, policy, or agreement (unless required by applicable local law).
IV. 8x8
- 8x8 is not responsible for: (a) Leads that are lost, delayed, illegible, misdirected, or incomplete; (b) Referrer’s inability to submit a Lead, including through the Program website; (c) Lead information that was not captured correctly; or (d) any issues associated with hardware, software, telephone, internet, virus contamination, network issues, human error, electronic malfunctions, or any other technical problem.
- 8x8 may, in its sole discretion, amend, modify, suspend or terminate the Program and/or the terms of the Program, in whole or in part, at any time, with or without notice.
- WARRANTY DISCLAIMER. 8X8 MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO ANY SERVICES OR PRODUCTS CONTEMPLATED BY THIS AGREEMENT. WHERE PERMITTED UNDER APPLICABLE LOCAL LAW, 8X8 DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE AND MERCHANTABILITY.
V. Miscellaneous
- The laws that will apply in any dispute or lawsuit arising out of or in connection with the 8x8 Referral Program, including without limitation these terms and conditions, and the courts that have exclusive jurisdiction over any such dispute or lawsuit, depending on where the Referrer is domiciled.
If Referrer is domiciled in: Governing law is: Courts with exclusive jurisdiction are those located in: The United States State of California Santa Clara County, California, USA Canada British Columbia Vancouver, British Columbia, Canada The United Kingdom England and Wales England and Wales
Each party agrees to the applicable governing law above without regard to choice or conflicts of law rules, and to the exclusive jurisdiction of the applicable courts above.