Referral Program – Terms of Use

Effective: 9/1/2020

PROGRAM OVERVIEW:

The CRES Technology Business Referral Program (the “Referral Program” or the “Program”) is offered by QualIT Services, LLC. (“CRES Technology”) and provides the opportunity to refer your friends, personal and business contacts to CRES Technology and receive compensation. You do not have to be a CRES Technology customer to participate in the Referral Program.

PROGRAM DETAILS:

CRES Technology will award cash (the “Reward”) to any Eligible Referrer (as defined below) who refers an Eligible New Customer (as defined below) in compliance with these Referral Program Rules (the “Rules”). Rewards will be calculated based on the CRES Technology Eligible Product(s) or Services(s) purchased by the Eligible New Customer. The Reward will be issued to the Eligible Referrer following thirty (30) days of a qualified claim. A valid and complete W-9 tax form must be completed by the Eligible Referrer and submitted to CRES Technology within ninety (90) days of a referral becoming eligible for payment or the Reward shall be forfeited. The Program is valid only in the United States and cannot be combined with any other offers. CRES Technology reserves the right to add, modify and/or delete any Rewards and/or requirements to receive any Rewards. CRES Technology’s decision with respect to all aspects of the Referral Program is final and binding.

DEFINITION OF AN ELIGIBLE REFERRER:

To qualify as an “Eligible Referrer” you must be 18 years of age or older and a citizen or permanent resident of the United States territory or District of Columbia, including Puerto Rico.

CRES Technology Partner Program participants are ineligible to receive a Reward pursuant to this Referral Program. Business owners or employees are prohibited from referring their respective business(es) or employer(s) (or any affiliates thereof) and are ineligible to receive a Reward. Notwithstanding the foregoing, consultants, contractors, and others who are not “employees” are eligible should they refer companies for which they are contracted to work. CRES Technology reserves the right to validate that the referrer is/was not an employee at the time of referral.

DEFINITION OF AN ELIGIBLE NEW CUSTOMER:

An “Eligible New Customer” is an individual or business that (1) is not currently, and has never previously been, a CRES Technology customer; (2) is not already registered as a CRES Technology Business lead in CRES Technology’s records; (3) signs up for CRES Technology Eligible Products while this Referral Program is still active; and (4) maintains an active CRES Technology account in good standing for at least ninety (90) days after activation of Eligible New Customer’s account in compliance with the relevant Terms of Service for CRES Technology. Eligible Products shall be defined as CRES Technology products and services as advertised on CRES Technology website.

You agree not to abuse any CRES Technology resource, online registration mechanism or the tools in the Referral Website by conduct which is, or can be, interpreted to be detrimental to the brand, trademark or interests of CRES Technology, including without limitation, attempting to make referrals or receive rewards in a manner inconsistent with these Rules or the intent of these Rules, attempting to earn rewards through illegitimate channels, participating in fraud, or tampering with Referral Program or its tools.

HOW TO EARN REWARDS:

Registration for the Referral Program can be made at https://crestechnology.com/referral-sign-up/ (the “Referral Website”) via the CRES Technology Referral form. After you have completed the Referral Website registration process, you will have the option of making referrals by submitting your referrals directly to CRES Technology via the form provided on the Referral Website. After CRES Technology receives your referral information, a CRES Technology Representative (“CRES Representative”) may contact you via email or phone for inquiries or confirmation. Once your referral is confirmed as valid by the CRES Representative, you will be required to make a formal introduction via email to your specific  contact at the Referred Account, while copying (CC) the CRES Representative. A qualified referral must include at least one direct email introduction to a prospective customer’s representatives by the referrer, as well as a physical or virtual meeting between the referred account representatives and CRES Representative(s).

Note: For avoidance of doubt, sending mass email messages (to multiple recipients at the same time) is strictly prohibited. You can only refer a personal or business contact via email one-time during any calendar year. Sending mass email messages (to multiple recipients at the same time), distribution to strangers, or any other promotion that would constitute or appear to constitute unsolicited commercial email or “spam”, is expressly prohibited and may be (in CRES Technology’s sole discretion) grounds for termination from the Program. Moreover, in order to qualify, you may not issue formal communications to your Referred Account or Contact, regarding the CRES Technology products and services through any other means, except an introduction email as prescribed to you by the CRES Representative. Follow-up emails to your Referred Account or Contact are permitted only if asked by such Referred Account or Contact, however, you must make sure to copy (CC) the CRES Representative on such communication.

Regardless of how the Referrer has registered to participate in the Referral Program, should an Eligible New Customer be referred by more than one Eligible Referrer, only the original Eligible Referrer validated by CRES Technology shall be entitled to be considered to receive all or any portion of the Reward. Referrals are considered active for six (6) months and shall expire after such time. If a prospective CRES Technology customer has neither signed a sales agreement nor acquired CRES Technology products or services within six (6) months after the Eligible Referrer submits a referral, said referral shall expire and the requisite Eligible Referrer shall not be entitled to a Reward if the prospective CRES Technology customer subsequently purchases CRES Technology products or services.

REWARD ISSUANCE:

The Reward will be issued in US Dollars to Eligible Referrers. A W-9 form must be completed, submitted and approved for all Rewards and the W-9 form must match the name of the reward recipient. If a valid and complete W-9 form has not been received and approved within sixty (60) days of a referral becoming eligible for issuance, the Reward shall be deemed forfeited. In any case, Rewards are considered taxable income and are subject to local, state and federal taxes. If the Eligible Referrer is eligible to participate in a Rewards program, a 1099 tax form will be generated and mailed to you for tax reporting purposes. CRES Technology recommends that you keep all statements and documents for record keeping purposes. The reward will be issued up to ninety (90) days after a new customer has been deemed eligible under these Referral Program rules. The reward amount will be based on the following

Referral Payouts

Referral payouts are in US dollars. For payout amounts, review the Referral Program page: https://crestechnology.com/cres-referral-program/

GENERAL CONDITIONS:

By participating in the Referral Program, you agree to release, discharge, indemnify and hold harmless CRES Technology, its parent, subsidiaries, affiliates, retailers, and advertising and promotion agencies, and all of their respective officers, directors, shareholders, employees and agents (collectively, “Released Parties”) from any liability or damages which may arise out of participation in the Referral Program or out of the acceptance, use, misuse or possession of any Reward or products attained through this Referral Program. You further agree not to: (a) bind, create any obligation (express or implied) or negotiate prices or other terms and conditions on CRES Technology’s behalf (nor represent to any person, including any prospective CRES Technology customer or New Eligible Customer, that you have authority to do so); or (b) make any claims regarding the CRES Technology services beyond those made by CRES Technology in the documentation relating to CRES Technology products and services available at https://crestechnology.com/. Moreover, you also agree that any promotion methods that you use to promote CRES Technology products and services to prospective CRES Technology customers shall be in accordance with all applicable laws and regulations. All applicable federal, state, and local laws and regulations apply. 

CRES TECHNOLOGY MARKS:

You acknowledge that CRES Technology’s names, logos, trademarks, service marks and other intellectual property (and the names of certain products and packages that are provided by CRES Technology) (collectively, “CRES Technology Marks”) are the exclusive property of CRES Technology and that you do not have any proprietary rights therein. You may only use and display CRES Technology Marks to the extent specifically designated or authorized in advance by CRES Technology. For the avoidance of doubt, all publications or public displays using CRES Technology Marks must be reviewed and approved in advance by CRES Technology prior to first use. All CRES Technology Marks are and will remain the sole property of CRES Technology. The permissions to CRES Technology Marks are revocable by CRES Technology at any time in CRES Technology’s sole discretion upon notice and immediately without opportunity to cure if, in our sole discretion, you infringe or improperly use or publish any of our Marks. For avoidance of doubt, all applicable federal, state and local laws and regulations apply.

Released Parties are not responsible for late, lost, incomplete, delayed, inaccurate, garbled, undelivered, misdirected referrals or Rewards or other errors or problems of any kind relating to or in connection with the Referral Program, whether printing, typographical, technical, computer, network, human, mechanical, electronic or otherwise, including, without limitation, errors or problems which may occur in connection with the administration of the Referral Program, the verification of Eligible New Customers, the tracking of referrals and Eligible New Customers, the announcement of the Rewards or in any Referral Program-related materials. Persons found tampering with or abusing any aspect of this Referral Program, who are acting in a disruptive or unsportsmanlike manner or who are otherwise not in compliance with these terms as solely determined by CRES Technology will be disqualified from the Referral Program and all Rewards will immediately be deemed void. Released Parties are not responsible for injury or damage to participants’ or to any other person’s computer related to or resulting from participating in this Referral Program or downloading materials from or use of the Referral Website or CRESTechnology.com.

CRES Technology reserves the right at any time to modify, suspend or cancel the Referral Program or the Rules at any time. Any changes CRES Technology makes will be effective immediately on notice, which it may give either by posting on the Referral Website, CRESTechnology.com or via e-mail. Your participation in the Referral Program after such notice will be deemed acceptance of such changes. You should review these Rules periodically to ensure familiarity with the most current version. All questions or disputes regarding the Referral Program, including without limitation, those involving eligibility, participation, fraud and abuse will be resolved by CRES Technology.

CRES Technology also reserves the right to disqualify and deregister any Referrer in the event that CRES Technology determines that Referrer has violated any of these Rules, which determination shall be final. In the event of such disqualification or deregistration, Referrer forfeits the rights to receive, and CRES Technology is not obligated to honor or pay any Rewards which vest on or after the date of such effective disqualification or deregistration.

Your participation in the Referral Program constitutes permission for CRES Technology and its designees to use your name, and/or statements about the Referral, in communication with the Referred Account or Contact, in perpetuity, without additional compensation, notification or permission, unless prohibited by law.

Except where prohibited, all issues and questions concerning the construction, validity, interpretation and enforceability of these Rules, or the rights and obligations of the participant and CRES Technology in connection with the Referral Program, shall be governed by, and construed in accordance with, the laws of the State of New Jersey, without giving effect to any choice of law or conflict of law rules (whether of the State of New Jersey, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New Jersey.

WARRANTY:

CRES TECHNOLOGY MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO ANY SERVICES OR PRODUCTS CONTEMPLATED BY THIS AGREEMENT. CRES TECHNOLOGY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE AND MERCHANTABILITY.

By participating in the Referral Program, you agree, affirm, and represent that you have read and understand these Rules. In addition, you affirm and represent that you have complied with all the Rules, as well as CRES Technology’s Terms of Service (as applicable) and have not committed any fraud or deception in entering the Referral Program.

LIMITATION OF LIABILITY:

NEITHER CRES TECHNOLOGY, NOR ITS AFFILIATES, SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF REVENUE, EVEN IF CRES TECHNOLOGY HAS BEEN INFORMED IN ADVANCE OF SUCH DAMAGES OR SUCH DAMAGES COULD HAVE REASONABLY BEEN FORESEEN BY CRES TECHNOLOGY. THE PARTIES ACKNOWLEDGE AND ACCEPT THE REASONABLENESS OF THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH IN THIS PROVISION.

TERMS OF SERVICE APPLICABLE TO CRES TECHNOLOGY CUSTOMERS: The CRES Technology Terms of Service is available at https://crestechnology.com/referral-terms/.