Customer Referral Program Terms

If you are participating in the Customer Referral Program, then these Customer Referral Program Terms will apply to you (“Program”). The Program allows you to refer a new potential purchaser (“New Purchaser”) of Auvik products and services (“Auvik Offerings”) to us, by sharing a tracked link, provided to you through the Partner Portal. Upon our acceptance of a New Purchaser requesting Auvik Offerings through the link, and such New Purchaser’s payment for the Auvik Offerings to us, we will provide you with a commission equal to a percentage of such payment, as set forth in the Program materials or otherwise expressly agreed upon in writing between you and Auvik.

Customer Referral Obligations

You shall be solely responsible for all promotion, marketing, and referral activities undertaken pursuant to your participation in the Program, including all expenses thereof, unless otherwise expressly agreed upon in writing between you and Auvik. In promoting and marketing Auvik Offerings and making referrals hereunder, you represent and warrant that you shall:

  1. use best efforts to successfully and effectively promote and market the Auvik Offerings, in a manner that at all times reflects favourably on the Auvik Offerings and the reputation of Auvik;
  2. not engage in deceptive, misleading, illegal or unethical practices that might reasonably be detrimental to Auvik or any Auvik products or services, including the Auvik Offerings;
  3. not make any representations, warranties or guarantees about Auvik, or any Auvik products or services, including the Auvik Offerings and the operation of the Auvik Offerings, or any representations that Auvik will accept orders for the Auvik Offerings, unless expressly authorized in writing by Auvik; and
  4. comply with your employer’s internal ethics policies and/or code of conduct (as applicable) (“Company Policies”) in participating in this remunerated Program.

You are not authorized to hold yourself out as an agent of Auvik, and your role shall strictly be that of an existing Auvik customer, referring New Purchasers to us. Therefore, you agree to and shall abide by the following:

  1. that this Program does not create an employer-employee relationship and that this Program is a voluntary and independent business-to-business engagement for the sole purpose of soliciting referrals for the Auvik Offerings;
  2. that any payment under this Program is solely in compensation for the valid referrals of New Purchasers and that Auvik shall not withhold any taxes, provide benefits, or make any contributions on your behalf;
  3. that you are solely responsible for any tax consequences and/or any income reporting obligations of any remuneration paid as a result of your participation in this Program; and
  4. that you are solely responsible for any disclosure obligations you may have to your employer (as applicable) about any remuneration paid to you as a result of your participation in this Program in accordance with your employer’s Company Policies.

Linking To Our Website

Upon acceptance into the Program, links will be made available to you through the customer referral interface of the Program Portal. Your acceptance in the Program means you agree to and abide by the following.

  1. You will only use the linking code obtained from the New Purchaser referral interface without manipulation.
  2. If you post your referral link on a website to promote, then:
    • Your use of all domains for your New Purchaser referral link must be listed in your New Purchaser referral profile.
    • Your website must not in any way copy, resemble, or mirror the look and feel of Auvik’s website. You will also not use any means to create the impression that your website is Auvik’s website or any part of Auvik’s website including, without limitation, framing of Auvik’s website in any manner.
    • You may not engage in cookie stuffing or include pop-ups, false or misleading links on your website. In addition, wherever possible, you will not attempt to mask the referring URL information (e.g., the page from where the click is originating).
    • You may not use redirects to bounce a click off of a domain from which the click did not originate in order to give the appearance that it came from that domain. This is prohibited.
  3. You will not in any way imply or indicate that Auvik Offerings are subject to terms and conditions other than Auvik’s legal terms, and/or any other applicable Auvik agreements.

Intellectual Property

Nothing herein transfers any intellectual property right in the Auvik Offerings, or to any other Auvik products or services, to you or any third party and Auvik retains full ownership, right, title and interest thereof. You may only use, reproduce, perform and display any Program Materials (and any Auvik trademarks attached thereto) to the limited extent necessary to participate in this Program, the rights described in these terms and conditions and the Program Materials. All New Purchaser information that you provide to us under this Program will be deemed to be owned by Auvik.

Payment Terms

We will pay you commissions in relation to the net revenue collected by us for the Auvik Offerings purchased by New Purchasers through our link made available to you hereunder, in accordance with the terms set forth in the Program Materials. The following must occur prior to the payment of commissions:

  1. Completion and full execution of all required legal agreements by Auvik and the New Purchaser, such as standard terms and conditions, and/or any supporting agreements;
  2. Auvik invoicing the New Purchaser in accordance with standard accounting practices; and
  3. New Purchaser paying Auvik in full for the Auvik Offerings.paying Auvik in full.

In the event that your participation in the Program is terminated by either party, you will be paid in full for all orders from New Purchasers for which you are entitled to commissions that have been successfully invoiced, booked and collected by Auvik prior to and including the effective date of termination, in accordance to the Program terms herein.