AutoMotion a Minnesota limited liability company “Company”), may at times offer you the opportunity to refer automotive dealerships or service centers via a referral bonus program (“Referral Program”) offered on its websites, sub-domains, or mobile applications (collectively, the "Platform").
1. Binding Agreement. By using the Platform or participating in the Referral Program, you are bound by these Terms and Conditions (“Terms”) and indicate your agreement to them. All of the Company's decisions are final and binding. These Terms are incorporated in, part of and subject to the Company’s Terms of Service available at https://www.automotiontv.com/appterms.html
2. Privacy. The personal information collected, processed and used as part of the Referral Program will be used in accordance with Company’s Privacy Policy, which is available for your review at https://www.automotiontv.com/appterms.html
3. Eligibility. To be eligible for a referral credit, referring sign ups must take place through the URL, code, or QR code issued to you. Referral credits are limited to Eleven (11) per calendar year. AutoMotion reserves the right to declare a referral ineligible if AutoMotion feels the referral is against the Referral Program terms and conditions.
4. How the Referral Program Works. Refer AutoMotion to an automotive dealership or service center who currently is not a paying AutoMotion partner, using your unique URL, code, or QR code. When the referred automotive dealership or service center signs up using your unique code, they will receive a discounted rate for AutoMotion services and you, the referrer, will receive a referral fee in the form of a gift card or voucher paid within 30 calendar days of the referee's first paid invoice. Payout of referral credit is limited to new automotive dealerships or service centers not currently customers of AutoMotion. Referral credit payouts are not eligible for automotive dealerships or service centers currently customers of AutoMotion.
5. Restrictions. Referral Program cannot be used in conjunction with any other discount, promotion, or offer. Referrers cannot refer themselves or create multiple, fictitious or fake accounts with the Company. No User may use the Referral Program to violate any law, infringe or violate the rights of any third party, or otherwise act in a manner that is deemed harassing, harmful, illegal, hateful, obscene or outside the spirit and intent of the Referral Program. In addition, you may not (i) tamper with the Referral Program, (ii) act in an unfair or disruptive manner, or (iii) use any system, bot or other device or artifice to participate or receive any benefit in the Referral Program. This includes but is not limited to a general prohibition on posting of the referral codes on any website. If we believe that a referral code associated with a User’s account was used in such a manner, we have the right to remove all credit associated with that account and remove the User from the Platform. ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE REFERRAL PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE COMPANY RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
6. Rewards. Referrers who refer three (3) or more new automotive dealerships or service centers to AutoMotion in a calendar year are required to provide AutoMotion a valid 1099 for tax purposes. Rewards may be awarded in various forms at the Company's sole discretion. Restrictions apply. Additionally, the reward may be subject to the gift card, gift certificate or voucher issuer’s terms and conditions. Rewards are subject to verification. The Company may delay a reward for the purposes of investigation. The Company may also refuse to verify and process any transaction for any reason. Unless otherwise stated, rewards have no monetary value and may not be redeemed for cash. They are not transferable and may not be auctioned, traded, bartered or sold. Please refer to the Terms of Service for additional billing and payment information.
7. Liability. YOU UNDERSTAND AND AGREE THAT THE INDEMNIFIED PARTIES (DEFINED BELOW) SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, ACTUAL, CONSEQUENTIAL, ECONOMIC, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE COMPANY. By participating in the Referral Program, you agree to indemnify, defend, and hold harmless the Company, its managers, members, employees, agents, independent contractors, successors and assigns (the “Indemnified Parties”) from and against any and all liabilities incurred in connection with (i) your use or inability to use the Platform, or (ii) your breach or violation of this Agreement; (iii) your violation of any law, or the rights of any User or third party and (iv) any content submitted by you or using your account to the Platform, including, but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful. You also agree to indemnify the Indemnified Parties for any Liabilities resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or loan on our infrastructure. The Company reserves the right, in its own sole discretion, to assume the exclusive defense and control at its own expense of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the prior written consent of the Company. TO THE FULLEST EXTENT POSSIBLE BY LAW, THE INDEMNIFIED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE REFERRAL PROGRAM, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), SHALL BE $100.00.
8. Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE PLATFORM OR THE CONTENT OF ANY SITES LINKED TO THE PLATFORM AND ASSUMES NO LIABILITY OR RESPONSIBILITY IN CONTRACT, WARRANTY OR IN TORT FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM, (III) ANY ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; AND (IV) EVENTS BEYOND OUR REASONABLE CONTROL.
9. Bulk Distribution (“Spam”). Each Referrer must be the actual sender of any communication related to the referral program and must comply with applicable law. Referrals must be created and distributed in a personal manner that is appropriate and customary for communications with automotive dealerships and service centers. By submitting any email address as part of the Referral Program, the Referrer represents that he/she has the appropriate permission and consent. Bulk email distribution, distribution to strangers, or any other use of the services described herein in a manner that is not promoted is expressly prohibited and may be grounds for immediate removal from the Platform and further legal action. Referrers who do not comply with the law, including anti-spam laws, are obligated to indemnify the Company against any liabilities, costs and expenses it incurs as a result of such spam.
10. Right to Cancel, Modify or Terminate. We reserve the right to cancel, modify or terminate the Referral Program at any time for any reason. We reserve the right to disqualify any User at any time from participation in the Referral Program if we have a good faith belief that he/she has violated any of these Terms.