Milk Stork Referral Program Terms & Conditions
BY SUBMITTING A REFERRAL YOU ARE AGREEING THAT YOU (1) HAVE READ AND UNDERSTAND THESE TERMS AND CONDITIONS AND (2) WILL BE LEGALLY RESPONSIBLE FOR COMPLIANCE HEREWITH.
1. Overview
These Terms and Conditions control your referral relationship with Milk Stork in Milk Stork’s Referral Program (the “Program”). Please note that throughout this Agreement, “we,” “us,” and “our” refer to Milk Stork, and “you,” “your,” and “yours” refer to you. This Agreement is effective as of the date of your referral submission.
2. Referrals; Compensation
2.1. To participle in the Program, you must complete and submit the referral through Milk Stork’s referral page (the “Referral Page”). Your referral must be complete and accurate.
2.2. To be eligible for compensation for a referral, the referred potential client must (a) qualify as a New Lead, and (b) enter into a contract for an enterprise platform within ninety (90) days of your referral submission. A “New Lead” is a company that Milk Stork has not been in active sales conversations with for the last year, was not an active Milk Stork client within the last year, and was not referred by another referrer within the last ninety (90) days.
2.3 As compensation for your eligible referral, Milk Stork will issue you a $250 Visa Gift Card within thirty (30) days of the date the New Lead enters a contract for Milk Stork’s enterprise platform.
3. Termination
Either party may end this Agreement at any time, effective immediately, with or without cause, by giving the other party written notice via email. You can notify Milk Stork at marketing@Milk Stork.com. Sections 3-9 shall survive a termination.
4. Privacy Policy for the Program
4.1. Type of Information We Collect and Purpose of Collection: In addition to the information we collect as disclosed in our privacy policy, when you submit a referral through the Referral Page, we specifically collect your name, and email (“Personal Information”) to identify you in connection with your submission, communicate with you about the Program, pay compensation when applicable and to analyze geographic and referral-type trends in the Program. We also collect the information you submit to us in connection with the referral, which may include a third party’s Personal Information, including their name, title, email, phone number and employer information, which we use to contact the referred person or company for the purpose of marketing and selling our products and services.
4.2. Consent: By submitting a referral, you affirmatively agree to the collection and use of information, as described above, and in accordance with these disclosures.
4.3. Legal Basis: We process Personal Information for the purposes identified in this disclosure, with your consent, for compliance with a legal obligation to which Milk Stork is subject, for the performance of a contract to which you are party (including this Agreement), in order to protect your vital interests, or when we have assessed it is necessary for the purposes of the legitimate interests pursued by Milk Stork or a third party to whom it may be necessary to disclose information and are not overridden by your rights and freedoms, including your right to have your personal data protected. Our legitimate interests include responding to requests and enquiries from you or a third party, optimizing the Program, informing you about the Program, and ensuring that our operations are conducted in an appropriate and efficient manner.
4.4. Retention: We will only retain personally identifiable data for as long as necessary to fulfill the purposes we collected it for, including for the purposes of our legitimate business interests that have been assessed and satisfy any legal or reporting requirements. We may retain information about payments made under this Program for up to six years after the close of the tax year to which the payments apply. Should you request to terminate this Agreement, or for us to erase personally identifiable data, subject to our retention period for back-ups and other legally permissible extensions, we will cease to retain all personally identifiable information you have provided. Retention periods may be if we are required to preserve such information or data because of litigation, investigations and other similar proceedings, or if a longer retention period is required or permitted by applicable law.
4.5. Third Party Data Processors and Service Providers. Milk Stork may engage third parties to process Personal Information collected by Milk Stork in connection with the Program for business-related functions, such as tracking compensation, referral-related communications, and the success of the Program.
4.6 Third Party Services: You may be provided with a link to third party sites which are not operated by Milk Stork. You understand that it is your responsibility to review the privacy policy of third party sites.
4.7. Your Legal Rights. Please see Milk Stork’s privacy policy for a full recitation of privacy rights which apply.
5. Disclaimers
Milk Stork makes no express or implied representations or warranties regarding the Milk Stork service, Program, website, Referral Page and product. Any implied warranties of reliability, fitness of a particular purpose, and non-infringement are expressly disclaimed and excluded. In addition, we make no representation that the operation or our site will be uninterrupted or error free, and we will not be liable for the consequences of any interruptions or errors. If Milk Stork is required law to disclose information about the source of its referral and/or the financial incentive you received, and you have elected to remain anonymous, Milk Stork will promptly notify.
6. Representations and Warranties
You represent and warrant that:
6.1. This Agreement is a legal, valid, and binding obligation, enforceable against you in accordance with its terms.
6.2. You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement without the approval or consent of any other party.
6.3. You have no outstanding agreements or obligations that are in conflict with any of the provisions of this Agreement.
6.4 You are or a resident of the United States of America.
7. Limitations of Liability; Indemnification
7.1 We will not be liable to you with respect to any subject matter of this Agreement under any contract, negligence, tort, strict liability or other legal or equitable theory for any indirect, incidental, consequential, special or exemplary damages. Further, notwithstanding anything to the contrary contained in this Agreement, in no event shall Milk Stork’s cumulative liability to you arising out of or related to this Agreement, whether based in contract, negligence, strict liability, tort or other legal or equitable theory, exceed the total compensation paid to you under this Agreement.
7.2 You hereby agree to indemnify and hold harmless Milk Stork, and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of or are based on your breach of this Agreement.
8. Confidentiality
You may receive confidential information about Milk Stork's business operations. You agree to maintain the confidentiality of such information and not disclose it to any third party without Milk Stork's prior written consent.
9. Miscellaneous
9.1. You agree that this Agreement does create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and Milk Stork.
9.2. We may modify the Agreement at any time at our sole discretion.
9.3. Except for an assignment by operation of law, such as a change of control or merger, neither party may assign its rights or obligations under this Agreement to any party without the other party’s written consent.
9.4. This Agreement shall be governed by the laws of the State of California in the United States. The parties agree that any claim, dispute or other controversy subject to this Agreement shall first be submitted to binding, confidential arbitration, based on the provisions and regulations of the American Arbitration Association. Any arbitration proceeding initiated by any party shall be confidential. In the event of any Arbitration regarding the enforcement and/or breach of any terms of this Agreement, the prevailing party shall be entitled to recover its actual attorneys' fees and costs. Any such arbitration is to occur within Santa Clara County and shall be subject to enforcement in the United States of America and the country in which you reside.
9.5. This Agreement represents the entire agreement between you and Milk Stork and shall supersede all prior agreements and communications of the parties, oral or written.
9.6 If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this Agreement shall have full force and effect.