Referral Program Terms & Conditions

Grata Inc. (“Grata”, “we” or “us”) offers eligible participants (each, a “Referrer”) in the Grata Referral Program (the “Program”) an opportunity to earn incentives for referring potential customers (each, a “Referred”) to Grata.

These Program Terms and Conditions (“Program Terms and Conditions”) will govern your participation in any and all Program offers. By participating in the Program, you agree to these Program Terms and Conditions, as well as the Site Terms and Conditions and the Site Privacy Policy, as they may be modified from time to time. You are not authorized to participate in the Program if you do not agree to these Program Terms and Conditions in their entirety.

Grata reserves the right to modify these Program Terms and Conditions or to cancel or suspend the Program at any time, in its sole discretion, and without notice to you. Grata also reserves the right to disqualify any Referrers at any time from participation in the Program.

How the Program Works

Referral Submission and Eligibility.

1. In order to participate in the Program, the Referrer must complete and submit the designated referral form to Grata (a “Referral”). The completed form must indicate the company name of the Referred, as well as the name, title, and valid email address of an individual contact person at the Referred.
2. The individual contact person at the Referred must hold buying authority in the Referred’s organization or department, be a legal resident of the United States of America and be at least 18 years of age.
3. In order for a Referral to be eligible for the Program, the applicable Referred must not (a) be a current or past customer of Grata or (b) have received any communication from Grata within 30 days of the Referral.

Review process.

1. Each Referral will undergo review to determine its validity and eligibility.
2. Once reviewed, a designated party within Grata will notify the Referrer via email of the Referral’s status.
3. Any Referral may be rejected without explanation for any reason, stated or unstated, herein.

Referral Incentive.

1. If the Referred becomes a Grata customer within six months after the date of the Referral, Grata will pay the Referrer a fee (a “Referral Incentive”) in cash. If the Referred enters into a services agreement with a committed term of one year or longer, then the Referral Incentive will be equal to 10% of the annual fees payable by the Referrer to Grata under such agreement. If the Referred enters into a services agreement with a committed term of less than one year, then the Referral Incentive will be equal to 10% of the fees payable by the Referred to Grata over the term of such agreement. Notwithstanding the foregoing, the total amount of the Referral Incentive shall not exceed a maximum of $5,000.
2. The Referral Incentive is a one-time payment. The Referrer will not be entitled to any fee or other payment in respect of any additional agreements or any future payments made by the Referred to Grata.
3. Referrals will expire after six months from the date of submission. If Grata enters into an agreement with the Referred outside of such six-month time period, then the Referrer is not entitled to the Referral Incentive.
4. The Referral Incentive will not be paid until after Grata collects payment from the applicable Referred.
5. When the Referral Incentive is owed, the Referrer will be notified with instructions on how to receive payment. The Referrer will be required to supply such information and tax forms (such as a Form W-9) as may be requested by Grata before any Referral Incentive is owed. Payment of the Referral Fee may be subject to withholding if required by applicable law.
6. Failure to respond with the requested information and tax forms within 90 days disqualifies the Referrer from the Program and will result in forfeiture of any Referral Incentive.
7. Grata may withhold or invalidate any Referral Incentive it deems to be fraudulent, suspect or in violation of these Program Terms and Conditions or if Grata in its sole discretion believes that payment of the Referral Incentive Fee would violate applicable law or impose liability on Grata, its affiliates or any of their respective directors, officers, employees, representatives or agents.

Referrer Eligibility

In order to participate in the Program, you must be a legal resident of the United States of America and be at least 18 years of age. The Referrer must not be an employee or owner of the Referred, and the Referrer may not refer himself or herself. Employees of Grata or its affiliates or their immediate family or household members are not eligible to participate in the Program. This Program is void where such referral programs are prohibited or where participation in the Program would violate any applicable law or regulation.

Privacy

All personal information submitted by the Referrer will be collected, processed and used in accordance with the Site Privacy Policy. By participating in the Program, the Referrer represents that he or she has the Referred’s consent to provide the Referred’s contact information. The Referrer understands that Grata may use the personal information provided by the Referrer to contact the Referrer with respect to the Program and to send communications to Referred regarding Grata’s products and services.

Other Terms

Binding Effects. By participating in the Program, you agree to and are bound by the Program Terms and Conditions. If you do not wish to agree to and abide by the Program Terms and Conditions in their entirety, you are not authorized to participate in the Program.

Termination. Grata may, in its sole and absolute discretion, cancel, change, suspend, or modify any aspect of the Program or Program Terms and Conditions at any time, without notice. Grata may, in its sole and absolute discretion, terminate or suspend any person’s participation in the Program for breach of these Program Terms and Conditions or taking any actions that are inconsistent with the intent of these Program Terms and Conditions.

Release; Limitation of Liability. By participating in the Program, the Referrer releases and holds harmless Grata, its affiliates and their respective directors, officers, employees, agents, representatives, shareholders, licensees, licensors and other business relations from any and all claims, demands, losses, liabilities, damages, costs, or expenses, including, without limitation, property damages, personal injury and/or death, arising out of or in any way connected to the Program. Except to the extent prohibited by law, each participant in the Program understands and agrees that under no circumstances will any participant be entitled to any awards for any losses or damages in connection with or related to the Program, and each participant waives, to the fullest extent permitted by applicable law, any and all rights to claim punitive, incidental, consequential or any other damages arising out of or related to the Program.

Indemnification. Participants in the Program agree to indemnify, defend, and hold harmless Grata, its affiliates and their respective directors, officers, employees, agents and representatives from and against any and all third party claims, demands, liabilities, costs, or expenses, including attorney’s fees and costs, arising from or related to any breach by the participant of any of these Program Terms and Conditions or any violation by such participant of applicable law.

Force Majeure. Grata shall not be liable to any Participant for failure to pay any Referral Incentive or any part thereof by reason of any acts of God, any action(s), regulation(s), order(s), or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s), or request(s) prove(s) to be invalid), equipment failure, threatened terrorist attacks, terrorist acts, air raid, blackout, earthquake, tornado, war, unusually severe weather, explosion, labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, or any other similar or dissimilar cause beyond Grata’s control.

General Terms. These Program Terms and Conditions constitute the entire agreement between Participants and Grata concerning Participants’ use of the Program. The failure of Grata to exercise or enforce any right or provision of these Program Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Program Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Program Terms and Conditions remain in full force and effect. The section titles in these Program Terms and Conditions are for convenience only and have no legal or contractual effect. A person who is not a party to these Program Terms and Conditions shall have no right to enforce or receive the benefit of any of these Program Terms and Conditions. Any disputes, claims and causes of action arising out of related to the Program shall be resolved under the laws of the State of New York (without reference to any conflict of laws principles), and the participant agrees to submit to the exclusive jurisdiction of the state and federal courts located in New York, New York.