CompanyCam, Inc. – Closers Program Terms and Conditions
These Terms and Conditions (“Terms”) and the Referral Program (as defined below) are effective as of March 31, 2022 (the “Effective Date”) and through March 31, 2023.
The CompanyCam 2022 Referral Program (“Referral Program”) allows current CampanyCam customers (as defined below) (“Referrers” or “you”) to earn rewards for finding potential customers for CompanyCam Products and Services, subject to these Terms;
1.1 “CompanyCam Products and Services” means the products and services offered by CompanyCam, including, but not limited to those described on the CompanyCam Site.
1.2 “CompanyCam Site” means www.companycam.com or any subdomain or other site controlled by CompanyCam where it offers the CompanyCam Products and Services, and all successors to such sites.
1.3 “Confidential Information” means any non-public information that relates to the actual or anticipated business, research, or development of CompanyCam and any proprietary information, trade secrets, and know-how of each Party that is disclosed to the other Party, directly or indirectly, in writing, orally, or by inspection or observation of tangible items. Confidential Information includes, but is not limited to, research, product plans, products, services, customer lists, development plans, inventions, processes, formulas, technology, designs, drawings, marketing, finances, and other business information. Confidential Information shall include the Terms. Confidential Information disclosed by each Party is the sole property of the disclosing Party.
1.4 “License” means a software-as-a-service seat license fee paid to CompanyCam for the use of the CompanyCam software-as-a-service-system purchased and actually paid for by a Referred Customer.
1.5 “Referral Rewards” means the following (1) with respect to one to two Referred Customers: a CompanyCam sweatsuit, socks, and a beanie, (2) with respect to three to four Referred Customers: a North Face backpack and a Carhartt jacket, (3) with respect to five to nine Referred Customers: a Mammoth Range cooler and a corn hole set, (4) with respect to ten to twenty-four Referred Customers: a Weber grill, grill set, apron and meat thermometer and (5) with respect to twenty-five or more Referred Customers: a VR set, gaming PC and monitor; provided that in each case of items (1) through (5) CompanyCam may substitute equivalent merchandise selected by CompanyCam in its sole discretion if such items are no longer commercially available to CompanyCam).
1.6 “Referred Customer” means a customer that was brought to CompanyCam’s through the Referral Program and was sold one (1) or more CompanyCam Products and Services, and that, in CompanyCam’s sole judgment, satisfies the following conditions:
(a) The customer must have been submitted into the Referral Program by submission through the Referral Program website or by other means identified there;
(b) The customer cannot be an existing customer or a previous customer of CompanyCam;
© The customer cannot be in the Sales Process at the time of the referral or during the prior thirty (30) days;
(d) The customer must not have been previously submitted to the Referral Program by you or another party while the Referral Program is in effect;
(e) The customer must not have been submitted in connection with any other discount or incentive program operated by CompanyCam;
(f) The customer cannot be a “self-referral” which is defined as a referral from the Referrer’s own business and/or an affiliate and/or the Referrer is an employee of the referred business.
1.7 “Sales Process” means any and all processes and interactions by which CompanyCam engages a potential customer with the intention to sell CompanyCam Products and Services.
2. OBLIGATIONS; EXCEPTIONS AND EXCLUSIONS
2.1 Referral Program Obligations. Neither party has any obligation to perform in the Referral Program. CompanyCam reserves the right to refuse to sell CompanyCam Products and Services to any person for any reason. In addition, CompanyCam in its sole discretion may cease selling CompanyCam Products and Services at any time to any customer including those referred by the Referrer for any reason in accordance with CompanyCam’s agreements with those customers.
2.2 Program Administration. CompanyCam reserves the right to administer and operate the Referral Program in its sole discretion and to its best judgment to carry out the purpose and intention of the Program. This includes the right to exclude (1) any Referrer from participation in the Program and (2) any Referred Customer of a Referrer from being included in a calculation of the number of Referred Customers from a Referrer. No “gaming” or manipulation of the Program is allowed.
2.2 Payment of Rewards. Referral Rewards will be shipped no later than the twenty-one (21) days following the end of the calendar month in which they are awarded.
2.3 Billings and Payments. CompanyCam will be responsible for billing customers for the use of CompanyCam Products and Services, collecting payments, and calculating amounts payable with respect to the Referral Program. CompanyCam will not be required to provide any information to the Referred Customer to support any such calculation.
3. REPRESENTATIONS AND WARRANTIES. By participating in the Referral Program, you represent and warrant that: (a) you have the full right, power, and authority to do so and to enter into these Terms and to perform your obligations hereunder; (b) your participation in the Referral Program does not and will not conflict with or result in a breach (including with the passage of time) of any other agreement to which you are a party, and © these Terms constitute a valid and binding agreement and are enforceable against you (except as may be limited by public policy or creditors’ rights generally).
4. INDEMNIFICATION. You will indemnify, defend, and hold harmless CompanyCam and its directors, officers, and employees from and against all taxes, losses, damages, liabilities, costs, and expenses, including attorneys’ fees and other legal expenses, arising directly or indirectly from or in connection with: (a) any failure by you to participate in the Referral Program in accordance with all applicable laws, rules, and regulations, (b) any violation or claimed violation of a third party’s rights resulting in whole or in part from CompanyCam’s use of your work product under these Terms; or © from your failure to be classified as an independent contractor with respect to the Referral Program.
5. DISCLAIMER OF WARRANTIES. COMPANYCAM MAKES NO REPRESENTATIONS OR WARRANTIES TO REFERRER WITH RESPECT TO THE COMPANYCAM PRODUCTS AND SERVICES, INCLUDING ANY WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
6. LIMITATION OF LIABILITY. NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, WHETHER UNDER TORT, CONTRACT, OR ANY OTHER THEORY, EVEN IF SUCH PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR THE INDEMNIFICATION OBLIGATIONS DESCRIBED HEREIN, IN NO EVENT SHALL EITHER PARTY’S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS AND THE REFERRAL PROGRAM EXCEED THE AGGREGATE OF THE AMOUNTS PAID OR PAYABLE BY EITHER PARTY TO THE OTHER UNDER THESE TERMS IN THE TWELVE (12) MONTHS PRIOR TO ANY SUCH CLAIM OF LIABILITY.
7. TERM AND TERMINATION
7.1 Term. These Terms and the Referral Program shall commence on the Effective Date and shall continue through March 31, 2023.
7.2 Termination. Without prejudice to any other right or remedy available at law or in equity in respect of any event described below, the Referral Program may be terminated by CompanyCam at any time and without penalty. Such a termination will not relieve CompanyCam of liability for payment of referral rewards payable prior to termination.
8. COMPLIANCE WITH FTC ENDORSEMENT GUIDELINES. As a participant in the CompanyCam referral programs, in the event you post or share information about CompanyCam or such programs via social media, you must disclose your material connection to CompanyCam and follow the Federal Trade Commission’s Guides Concerning the Use of Endorsements and Testimonials in Advertising. The following hashtags should be used in all social media posts: #companycamclosers #cocamclosers
9. DISPUTE RESOLUTION
9.1 Remedies. The Parties may apply to the federal and state courts located in Lancaster County, Nebraska, which shall be the exclusive jurisdiction for any disputes, for such relief, as necessary, without breach of these Terms.
10.1 Nonassignment and No Subcontractors. Neither these Terms nor any rights under these Terms may be assigned or otherwise transferred by you, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of CompanyCam. Subject to the foregoing, these Terms will be binding upon and will inure to the benefit of the parties and their respective successors and assigns. Any assignment in violation of the foregoing will be null and void.
10.2 Waiver. Any waiver of the provisions of these Terms by CompanyCam or of CompanyCam’s rights or remedies under these Terms must be in writing to be effective.
10.3 Severability. If any term, condition, or provision in these Terms is found to be invalid, unlawful, or unenforceable to any extent, the parties will endeavor in good faith to agree to amendments that will preserve, as far as possible, the intentions expressed in this Agreement.
10.4 Governing Law. This Program and the rights and obligations of CompanyCam and participants will be governed by and controlled by the laws of the State of Nebraska, applicable to contracts made and performed therein without reference to the applicable choice of law provisions. All actions, proceedings or litigation relating hereto will be instituted and prosecuted solely within the State of Nebraska, Lancaster County. Participants agree that: (i) any and all disputes, claims and causes of action arising out of or connected with this Program shall be resolved individually, without resort to any form of class action; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Program, but in no event attorneys’ fees; and (iii) under no circumstances will Participant be permitted to obtain awards for, and Participant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.
10.5 Headings. Headings are used in these Terms for reference only and will not be considered when interpreting these Terms.
10.6 Notices. All notices, approvals, consents, waivers, and other communications under these Terms must be in writing and will be deemed to have been given when (a) in the case of CompanyCam, when received, if sent by a nationally recognized overnight delivery service or U.S. mail to CompanyCam, Inc., 300 Canopy St, Suite 200 Lincoln, NE 68508; or (b) in the case of Referrer, when sent by email to the email addresses provided with submission of the Referred Customer to which the communication relates or to such other email addresses as a party may designate by notice to the other party from time to time.
10.7 Independent Contractors. The relationship between the parties is that of independent contractors. Nothing in this Agreement shall be deemed to create an employment, partnership, joint venture or agency relationship between the parties.
10.8 Entire Agreement. These Terms represent the complete agreement of the parties, supersedes all prior discussions, communications and agreements between the parties with respect to the subject matter hereof.
CompanyCam, Inc. – 2022 Truck Competition
The Competition is based on the number of Referred Customers submitted by a Referrer that use the CompanyCam software-as-a-service-system as a paid customer in the USA or Canada for a minimum of one (1) calendar month between March 31, 2022, and March 31, 2023, as determined by CompanyCam in its sole discretion.
Full Terms & Conditions:
COMPANYCAM CUSTOMER REFERRAL CONTEST TERMS
1. No Purchase Necessary; Entry Instructions. No purchase or payment of any money is necessary to enter. A purchase will not improve the chances of winning.
ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ELIGIBLE ENTRIES RECEIVED AND ON THE SKILL OF THE CONTESTANT. VOID WHERE PROHIBITED OR WHERE REGISTRATION, BONDING, OR LOCALIZATION REQUIRED. SUBJECT TO ALL NATIONAL, REGIONAL, AND LOCAL LAWS. This contest (“Contest”) is governed by these official rules (“Official Rules”). To participate in the Contest and be eligible for a potential prize, contestants must during the Contest Period (as defined below) refer Referred Customers (as defined below) to CompanyCam, Inc. (“Sponsor”) during the Contest Period. By entering the Contest, all contestants agree to be bound by these Official Rules. The object of the Contest is to generate closed deals for the Sponsor based on Referred Customers referred by existing Sponsor customers and reward the ability of existing customers to refer Referred Customers.
A Referred Customer means a customer that is referred to CompanyCam through the submission process for this Contest, is ultimately “closed” by purchasing CompanyCam software and completing CompanyCam’s onboarding process for new customers, and in CompanyCam’s sole judgment, satisfies the following conditions: (a) was submitted to Sponsor via the process outlined in these Official Rules; (b) was not an existing CompanyCam customer or presently in the CompanyCam sales cycle; © was not previously submitted by the same existing Sponsor customer in the prior six (6) months; and (d) uses the CompanyCam software-as-a-service-system as a paid customer in the USA or Canada for a minimum of one (1) calendar month between March 31, 2022, and March 31, 2023, as determined by CompanyCam’s in its sole discretion.
Referred Customers will only be considered “submitted” if (a) submitted by use of the Referring Customers custom referral link or (b) submitted by use of the Referring Customers custom referral code.
2. Contest Period. The Contest will run from March 31, 2022, at 6:00 a.m. Central Time until 11:59 pm Central Time on March 31, 2023; (the “Contest Period”). If CompanyCam determines a change in the Contest Period is appropriate, the Contest Period will end on a different date as determined by CompanyCam.
3. Program Administration. CompanyCam reserves the right to administer and operate the Contest in its sole discretion and to its best judgment to carry out the purpose and intention of the Contest. This includes the right to exclude (1) any Referrer from participation in the Contest and (2) any Referred Customer of a Referrer from being included in a calculation of the number of Referred Customers from a Referrer. No “gaming” or manipulation of the Contest is allowed.
4. Eligibility. In order to be eligible, contestants must be existing customers of Sponsor or employees of existing Sponsor customers during the Contest Period. Contestants must also be at least 18 years of age or such higher age of majority in the resident’s jurisdiction. Employees of Sponsor and any of its parent and affiliate companies, immediate family members (spouse, parents, siblings and children) and household members of each such employee, and any person involved in or with an immediate family member, or someone involved in the administration and execution of this Contest, are not eligible.
5. Prize. One grand prize winner will be rewarded for their ability to generate the most Referred Customers (as determined by Sponsor in its sole judgment) with a new 2023 Ford F‑150 truck (“Prize”). Color and features to be decided by Sponsor. The estimated approximate retail value of the Prize is $60,000. The Winner is responsible for all costs and fees associated with obtaining and maintaining ownership of the Prize, including but not limited to vehicle registration fees and the cost of auto insurance. No substitution, assignment, or transfer of the prize is permitted, except by Sponsor, who has the right to substitute a prize with another of comparable value, including a cash payment or a car or truck of a different make or model. TAXES AND OTHER COSTS, IF ANY, RELATED TO THE PRIZE ARE THE RESPONSIBILITY OF THE WINNER.
Sponsor is not responsible for any warranties, representations, or guarantees, express or implied, in fact, or law, relating to the prize, including but not limited to its quality, mechanical condition, merchantability, or fitness for a particular purpose. Prior to taking possession of the prize, the winner will be required to present a valid driver’s license, proof of insurance, and other documents as is legally and appropriately required.
6. Winner. One winner will be chosen by Sponsor based solely on the total number of Referred Customers submitted by a Referrer. The Contestant who submits the most Referred Customers will be selected as the Winner. In the event that two or more individuals tie in the total number of Referred Customers, the winner will be the person who reached that total number of Referred Customers first. The Winner will be selected on or around March 31, 2023. Winner will be contacted directly through their email address and/or by such other means consistent with the Contest. Sponsor is not responsible for any delay or failure to receive notification for any reason, including inactive account(s), technical difficulties associated therewith, or Winner’s failure to adequately monitor any account. The Winner must then respond to Sponsor within fourteen (14) days. Should the Winner fail to respond to Sponsor, Sponsor reserves the right to disqualify that Winner and select a new one based on the Contest criteria set forth above. Winner may be required to sign an affidavit of eligibility, liability release, and a publicity release. By entering or accepting any prize, Winner agrees to cooperate with CompanyCam to produce certain marketing materials associated with the Contest (including providing photographs and testimonials regarding the Contest and the products and services of CompanyCam), and Winner allows Sponsor to use the Winner’s name, photograph, likeness, voice, prize information, and biographical information for publicity and promotional purposes without further compensation where permitted by law. Except where prohibited, participation in the Contest constitutes participant’s consent to Sponsor’s use of participant’s name, likeness, voice, opinions, biographical information, hometown, and state for promotional purposes in any media without further payment or consideration.
7. Conditions of Participation. By submitting an entry for this Contest, you agree to abide by these Official Rules and any decision Sponsor makes regarding this Contest, which Sponsor shall make in its sole discretion. You also represent that you are not violating any third-party terms or policies, including those of your employer, by participating. Sponsor reserves the right to disqualify and prosecute to the fullest extent permitted by law any participant or winner who, in Sponsor’s reasonable suspicion, tampers with the site, the entry process, violates these Official Rules or acts in an unsportsmanlike or disruptive manner.
8. DISCLAIMER, RELEASE AND LIMIT OF LIABILITY. WINNER MUST BE AWARE THAT USE OF THE PRIZE CAN BE HAZARDOUS AND CAN PRESENT UNUSUAL RISKS OF DEATH, SERIOUS ILLNESS AND INJURY, AND PROPERTY DAMAGE. WINNER PARTICIPATES IN USE OF THE PRIZE WITH KNOWLEDGE OF THE DANGER INVOLVED AND AGREES TO ACCEPT ANY AND ALL RISKS OF INJURY, ILLNESS, DEATH AND PROPERTY DAMAGE. SPONSOR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING ANY PRIZE OR YOUR PARTICIPATION IN THE CONTEST. BY ENTERING THE CONTEST OR RECEIPT OF ANY PRIZE, EACH CONTESTANT AGREES TO RELEASE AND HOLD HARMLESS SPONSOR, ANY THIRD-PARTY MOBILE APPLICATIONS, WEBSITES, SOCIAL MEDIA CHANNELS AND EACH OF THEIR SUBSIDIARIES, AFFILIATES, SUPPLIERS, DISTRIBUTORS, ADVERTISING/CONTEST AGENCIES, AND PRIZE SUPPLIERS, AND EACH OF THEIR RESPECTIVE PARENT COMPANIES AND EACH SUCH COMPANY’S OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”) FROM AND AGAINST ANY CLAIM OR CAUSE OF ACTION, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, DEATH, OR DAMAGE TO OR LOSS OF PROPERTY, ARISING OUT OF PARTICIPATION IN THE CONTEST OR RECEIPT OR USE OR MISUSE OF ANY PRIZE. THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR: (1) ANY INCORRECT OR INACCURATE INFORMATION, WHETHER CAUSED BY CONTESTANT, PRINTING ERRORS OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE CONTEST; (2) TECHNICAL FAILURES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO MALFUNCTIONS, INTERRUPTIONS, OR DISCONNECTIONS IN PHONE LINES OR NETWORK HARDWARE OR SOFTWARE; (3) UNAUTHORIZED HUMAN INTERVENTION IN ANY PART OF THE ENTRY PROCESS OR THE CONTEST; (4) TECHNICAL OR HUMAN ERROR WHICH MAY OCCUR IN THE ADMINISTRATION OF THE CONTEST OR THE PROCESSING OF ENTRIES; OR (5) ANY INJURY OR DAMAGE TO PERSONS OR PROPERTY WHICH MAY BE CAUSED, DIRECTLY OR INDIRECTLY, IN WHOLE OR IN PART, FROM CONTESTANT’S PARTICIPATION IN THE CONTEST OR RECEIPT OR USE OR MISUSE OF ANY PRIZE. Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest, including if for any reason it is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affects the administration, security, fairness, integrity, or proper conduct of the Contest. If for any reason a submission is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, the sole remedy is another entry in the Contest during the Contest Period. No more than the stated number of prizes will be awarded. In the event that production, technical, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes based on the criteria set forth above.
9. Governing Law. This Contest and the rights and obligations of Sponsor and contestants will be governed by and controlled by the laws of the State of Nebraska, applicable to contracts made and performed therein without reference to the applicable choice of law provisions. All actions, proceedings, or litigation relating hereto will be instituted and prosecuted solely within the State of Nebraska, Lancaster County. Contestant agrees that: (i) any and all disputes, claims, and causes of action arising out of or connected with this Contest shall be resolved individually, without resort to any form of class action; (ii) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (iii) under no circumstances will contestant be permitted to obtain awards for, and contestant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.
10. Contestant’s Personal Information. Information collected from contestants will be used solely for the purpose of conducting and marketing the contest.
12. Winner’s List. Individuals may request the name of the winner by submitting a self-addressed stamped envelope after the Contest Period but prior to June 30, 2023, to CompanyCam, Inc., 300 Canopy St., Suite 200, Lincoln, NE 68508. Vermont residents may omit postage.
13. Sponsor. Sponsor of this Contest is CompanyCam, Inc., 300 Canopy St., Suite 200, Lincoln, NE 68508
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