Referral Program Terms and Conditions
Postbox Referral Program Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS ("TERMS AND CONDITIONS") CAREFULLY BEFORE REGISTERING FOR THE REFERRAL PROGRAM OFFERED BY POSTBOX, INC. ("POSTBOX"). THESE LEGALLY BINDING TERMS AND CONDITIONS GOVERN YOUR PARTICIPATION IN THE POSTBOX REFERRAL PROGRAM (THE "PROGRAM"). IF A SEPARATE WRITTEN REFERRAL AGREEMENT WITH RESPECT TO POSTBOX PRODUCTS EXISTS BETWEEN YOU ("YOU" OR "YOUR") AND POSTBOX, INC. ("POSTBOX"), THE TERMS OF THAT WRITTEN REFERRAL AGREEMENT (EXCLUDING THE PRE-PRINTED TERMS OF ANY PURCHASE ORDER, CONFIRMATION OR SIMILAR DOCUMENT, WHICH WILL HAVE NO EFFECT AND WILL NOT BE CONSIDERED AGREED TO BY AFFILIATE OR POSTBOX) SHALL TAKE PRECEDENCE OVER THIS AGREEMENT, AND YOU ACKNOWLEDGE THAT YOU ARE BOUND BY THE TERMS OF THAT WRITTEN LICENSE AGREEMENT. BY CLICKING ON THE "ACCEPT" BUTTON BELOW AND CHOOSING TO PARTICIPATE IN THE PROGRAM, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. THESE TERMS AND CONDITIONS APPLY TO ALL PARTICIPANTS IN THE PROGRAM. IF YOU DO NOT UNCONDITIONALLY AGREE TO THE FOREGOING, DO NOT CONTINUE WITH THE REGISTRATION PROCESS.
To qualify for participation in the Program (including without limitation receipt of Referral Fees (as defined below)), You must: (i) be an individual who is at least eighteen (18) years old; (ii) be a Postbox customer; and (iii) be able to receive payments via PayPal.
During the registration process, You will be assigned a unique alphanumeric code (Your "Code") to provide to Your friends and family and other third parties. You are permitted to place links that we provide with Your Code on your wite, in your emails or in other communications, and to create Your own links that properly include Your Code. We will provide you with sample links and HTML code to use in linking to our website. Links to our website that properly include Your Code are referred to as "Postbox Links". You will earn Referral Fees when a user properly enters Your Code when purchasing a Postbox product by entering the Code when prompted or follows a Postbox Link to our website and purchases Postbox.
3) Referral Fees
Each time someone purchases (and does not return) a Postbox product and properly enters Your Code or has followed a Postbox Link, You will earn a referral fee of five dollars ($5.00 USD) (a "Referral Fee") up to a maximum of five hundred dollars ($500.00 USD) in any calendar year. You will not be entitled to Referral Fees if You fail to provide the correct Code to someone You refer, if that person fails to properly enter Your Code or if You fail to properly implement a Postbox Link, and Postbox will not be liable to You with respect to any such failure. You will not earn a Referral Fee for a purchase if the customer receives a refund for the purchase in accordance with Postbox's refund policy.
4) Payment Terms
All payments to You shall be made via PayPal within sixty (60) days after the end of the calendar month in which they accrue. Payment shall not be made by any other method unless otherwise expressly agreed in writing by Postbox.
This Agreement shall commence on the Effective Date and shall remain in effect for six (6) months from the Effective Date, unless terminated earlier as provided in this Agreement. Either party may terminate this Agreement, with or without cause, by giving written notice of termination to the other party (email is sufficient). Sections 6 and 7 shall survive termination of this Agreement.
6) Representations and Warranties
You hereby represent and warrant that: (i) You will comply applicable laws or regulations (including without limitation copyright laws and anti-spam laws) in connection with Your participation in the Program and You will not use Your User Account or the Program for any illegal or unauthorized purpose; (ii) You will not misrepresent Your relationship with Postbox to any third party and You will not make any warranty or representation on behalf of Postbox (including with respect to the pricing of Postbox products); and (iii) Your participation in the Program does not and will not violate any agreement between You and any third party. You agree that Postbox will have no liability for Your breach of the foregoing and You will indemnify and hold Postbox harmless from any damages resulting therefrom. EXCEPT FOR THE FOREGOING, NEITHER PARTY MAKES ANY WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROGRAM OR ANY PRODUCTS SOLD THROUGH THE PROGRAM, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF FITNESS, MERCHANTABILITY OR NONINFRINGEMENT.
7) Limitation on Liability
NEITHER PARTY NOR THEIR AFFILIATES SHALL BE LIABLE OR OBLIGATED UNDER ANY SECTION OF THIS AGREEMENT OR UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR FOR ANY AMOUNT IN EXCESS OF THE TOTAL FEES PAID HEREUNDER OR, IF GREATER, ONE HUNDRED DOLLARS ($100.00).
9) Modifications to the Terms
For all purposes of this Agreement each party shall be and act as an independent contractor and not as partner, joint venturer, or agent of the other and shall not bind, nor attempt to bind, the other to any contract. You will not have any right or ability to assign, transfer, or sublicense any obligations or benefit under this Agreement without the written consent of Postbox (and any such attempt shall be void). Postbox may assign and transfer this Agreement and its rights and obligations hereunder freely without consent. The parties agree that this Agreement shall be governed by the laws of the State of California without regard to the conflict of the laws provisions thereof. The parties further agree that if any portion of this Agreement is illegal or unenforceable, such portion(s) shall be limited or excluded from this Agreement to the minimum extent required and the balance of this Agreement shall remain in full force and effect and enforceable. Except as expressly set forth herein, this Agreement contains the entire understanding of the parties regarding its subject matter and can only be modified or waived by a subsequent written agreement signed by both parties.
You may contact Company at the following address:
2339 3rd Street
San Francisco, CA 94131
Effective Date: February 1, 2010