The WorkBuzz Customer Referral Program (“Referral Program”) allows current and prospective WorkBuzz Referral Partners and trade association professionals (“Referrers”) who have contacts looking for employee engagement survey solutions to earn rewards for finding potential customers for WorkBuzz, subject to these terms and conditions which form an agreement by and between WorkBuzz (“we”) and you (“you”) when you voluntarily click the button presented with these terms on https://workbuzz.com/partnerships/referral-program/. By participating in the Program, you accept and agree to comply with these terms and conditions.
To the extent permitted by applicable law, WorkBuzz reserves the right in its sole discretion to modify, suspend, terminate, or cancel the Program at any time by amending these terms and publishing the amended terms and conditions on its website or the Referral Site. Following any modification to the terms and conditions, your continued participation in the Program constitutes acceptance of the amended terms and the Program as is in full force at the time of said change(s).
1. Definitions
A. “Customer” means a company or individual that:
i. becomes a WorkBuzz customer by signing a contract for the purchase of a Qualifying Service;
ii. is a company, or is an individual representing a company, with more than 200 employees;
iii. remains a WorkBuzz customer in good standing; and
iv. is current in payment.
B. “Invalid Referrer” means the following persons and entities that are ineligible to participate in this Program:
i. employees, officers, directors, resellers, agents, affiliates (a person that directly, or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with you) and representatives of WorkBuzz business partners, including their affiliated companies, parents, subsidiaries and advertising and promotion agencies;
ii. the immediate family members and members of the same household as any WorkBuzz entity; and
iii. any organization that has entered into an agreement with WorkBuzz for the promotion of WorkBuzz’s products and services to members, franchisees, or other participants in their organization;
C. “Qualifying Period” means, as applicable,
A period of twelve (12) months from the date that an Entry becomes a customer.
D. “Qualifying Service” means any service currently offered by WorkBuzz.
E. “Referral” means a company or individual who is a new potential Customer and for whom you have submitted directly or indirectly to WorkBuzz complete and valid registration information.
F. “Referral Link” means a unique Internet link provided by WorkBuzz that is solely associated with your WorkBuzz Referral Account which you can send to Referrals. You will have one Referral Link for Customer Referrals.
G. “Referrer” means an individual that:
i. registers and activates a WorkBuzz Referral Account (as defined below);
ii. accepts the Program’s terms and conditions; and
iii. remains a WorkBuzz referrer in good standing.
H. “WorkBuzz Referral Account” means the account opened by WorkBuzz upon receipt of a valid registration by a Referrer that is activated by said Referrer by providing their personal contact information on the Referral Site.
2. Eligibility
To participate in the Program, you must:
i. be a citizen or permanent resident of the United Kingdom, or United States;
ii. be physically located and actively domiciled in the United Kingdom, or United States;
iii. 18 years of age (or other legal age of majority specified by applicable law) or older;
iv. register and activate your WorkBuzz Referral Account;
v. not be considered an Invalid Referrer, as determined by WorkBuzz in its sole discretion; and
vi. not be in violation or breach of any term(s) within the full terms and conditions.
3. Referral Entry Submissions
A. Generally
Nothing in these terms and conditions requires you to make a Referral submission, and there are no restrictions on how many Referral submissions you make. If you choose to make a Referral submission, each completed submission meeting the requirements of these terms and conditions shall be considered an "Entry” (collectively, “Entries”), subject to the Invalid Referral exceptions set forth in Section 3(D). To submit a Referral,
i. submit a Referral directly to WorkBuzz through your WorkBuzz Referral Account; or
ii. send your Referral Link to your Referral through one of the following options (in which case the Referral submission is completed when your Referral submits the Referral’s own information through the Referral Link):
a. a direct email to the Referral;
b. a direct message through either WhatsApp, SMS, or Line to the Referral;
c. a social media post with your Referral Link, subject to the requirements in Section 6(C), on (1) Facebook, (2) Twitter, (3) Pinterest; or (4) LinkedIn; or (d) share your Referral Link directly to a Referral.
B. Entry Conditions
All Entries will become the sole and exclusive property of WorkBuzz and will not be returned to you for any reason. You acknowledge and agree that we may inform any Referral that we received their contact information from you.
C. Entry Receipt
WorkBuzz is not responsible for:
i. lost, late, delayed, damaged, unintelligible, illegible, misdirected, incomplete or garbled Entries;
ii. your inability to enter your submission through the internet;
iii. entry information not captured correctly;
iv. any issues associated with hardware, software, telephone, Internet, virus contamination, network, human error, electronic malfunctions, or any other technical problems; or
v. delay, failure, or malfunction for any reason. Incomplete or corrupted Entries are void and will not be accepted. Proof of entry is not automatically proof of receipt. WorkBuzz may refuse any Entry that it reasonably believes may violate applicable laws or regulations or these terms and conditions.
D. Invalid Referrals
The following shall not be considered an Entry under the Program, regardless of whether you are notified of the Referral’s status (“Invalid Referrals”):
i. any Customer Referral of an existing WorkBuzz customer or an entity or individual that was previously a WorkBuzz customer at any time within the 12 months preceding the Referral submission;
ii. any Referrer Referral of an existing Referrer or WorkBuzz business partner or an entity or individual that was previously a Referrer or WorkBuzz business partner at any time within the 12 months preceding the Referral submission;
iii. any Customer Referral previously submitted by any participating individuals or entities under the Program (including you) that has not expired;
iv. any Referrer Referral previously submitted by any participating individuals or entities under the Program (including you) that has not expired;
v. any Customer Referral of a potential WorkBuzz customer previously submitted or provided to WorkBuzz by any other party, or otherwise procured by WorkBuzz directly;
vi. any Referrer Referral of a potential Referrer or business partner previously submitted or provided to WorkBuzz by any other party, or otherwise procured by WorkBuzz directly;
vii. any Referral submitted by an Invalid Referrer;
viii. any Referral submission generated by a script, macro, or other automated means; and
4. Awards
A. Generally
Subject to these terms and conditions, WorkBuzz will fund a credit of two hundred and fifty pounds (GBP £250) / two hundred and fifty dollars (USD $250) for each of your Customer Entries that books and completes a demo session with WorkBuzz and is determined by us in its sole discretion to be a valid potential Customer.
WorkBuzz will fund a further credit of seven hundred and fifty pounds (GBP £750) / seven hundred and fifty dollars (GBP $750) for each of your Customer Entries that signs a valid WorkBuzz contract for the supply of employee engagement survey software and/or its related services for a minimum of one (1). To the extent permitted by applicable law, you acknowledge that WorkBuzz can change the Award under this Program at any time, at its sole discretion, without notice to you or any third party.
B. Award Disqualifications
You will not be eligible to receive an Award if: (i) your Entry did not use your WorkBuzz Referral Program link, and you did not submit the Referral directly to WorkBuzz through your WorkBuzz Referral Account.
C. Award Conditions
There is no limit to the number of Awards that you may be awarded under this Program. If you become eligible to receive an Award, WorkBuzz will fund the Award within forty-five (45) days of approval of the Customer Entries. The Award is non-transferable. If you do not claim the Award within sixty (60) days of WorkBuzz providing notice of the accrued Award, the Award will expire, and you will lose all rights to it. To claim the Award, you may be required to complete an affidavit or declaration of eligibility, liability and publicity release, and relevant tax declaration forms.
5. Taxes
YOU ARE SOLELY RESPONSIBLE FOR ALL RELEVANT TAXES ASSOCIATED WITH THE AWARD AND PAYMENT THEREOF.
The value of the Award may be treated as ordinary income to you for income tax purposes. You will cooperate with WorkBuzz as reasonably requested by WorkBuzz for purposes of WorkBuzz’s compliance with applicable tax law. Additionally, you are solely responsible for all incidental expenses and all other costs and expenses you incur in relation to or arising out of participation in the Program.
6. Conditions, Representations, and Warranties
A. Representations and Warranties
You represent and warrant that:
i. your Referrals are located in the United Kingdom, or US;
ii. by submitting a Referral, you have all of the necessary rights, given all necessary notices, and received explicit, informed, written consent from the Referral to submit the Referral’s contact name and business contact information (including email address, company information, and business phone number) to WorkBuzz for the Program or send a Referral Link to the Referral, as applicable;
iii. that your Referral contacts are eighteen (18) years of age (or other legal age of majority specified by applicable law) or older;
iv. each UK or US Customer Referral you submit is a business, or representative of a business in a decision-making role and is not a Customer Referral for an individual or consumer;
v. if you are in the US, WorkBuzz is authorized to use, analyze, modify and publish your name and any other information provided by you in WorkBuzz's sole discretion, including without limitation publication in its marketing and promotional materials or website;
vi. WorkBuzz is authorized to contact you and your Referrals regarding WorkBuzz offerings, products, and services;
vii. WorkBuzz is authorized to contact you regarding the status of your Referrals; and
viii. your participation and activities in the Program and acceptance and use of Awards does not violate any applicable laws, your employer’s policies, or any other duties or obligations you owe to your employer.
“Relationship” means at least one of the following:
a. you have an existing business relationship with the Referral, arising from
1. the purchase of a product, good, service or land by the Referral from you within the last two years,
2. the Referral accepting a business, investment or gaming opportunity from you within the last two years,
3. a written contract entered by the Referral with you that is in existence or expired within the last two years, or
4. an inquiry or application made by the Referral in respect of (1) or (2) within the last six months; or
b. you have had direct, voluntary, two-way communications with the Referral, and
1. it is reasonable to conclude you have a personal relationship with the Referral considering shared interests, experiences, opinions, and other relevant factors; or
2. you are related to the Referral by marriage, a common-law partnership, or legal parent-child relationship.
B. Prohibited Uses of the Program
You may only use the Program in good faith and in compliance with applicable laws and regulations. You must not participate in the Program if it is prohibited in the jurisdiction where you reside or work. The following uses are prohibited by WorkBuzz, and you agree not to use the Program to do any of the following:
i. creating multiple, duplicate, or fake profiles at https://workbuzz.com/partnerships/referral-program/ in order to invite yourself;
ii. referring others who have created multiple, duplicate, or fake profiles;
iii. using alternative contact information to send Referral Links to yourself or others;
iv. referring contacts or sending your Referral Link to persons that you do not know personally (if WorkBuzz (in its sole and absolute discretion) believes that you are referring or contacting persons in a way that constitutes spam or unsolicited or otherwise undesirous communications, it may disqualify you from participation in the Program); (v) bulk email distribution of Referral Link(s) to persons you do not know, sharing Referral Link(s) on websites, sharing Referral Link(s) on social media with recipient(s) you do not know, or any other sharing or promotion of a Referral Link in a manner that (in WorkBuzz’s sole and absolute discretion) may constitute or appear to constitute unsolicited commercial communications or “spam”;
v. sending Referral Links to fictitious or fake persons;
vi. impersonating any person or otherwise misrepresenting any person’s identity;
vii. sending Referral Links to persons under the age of eighteen (18) (or other legal age of majority specified by applicable law) to participate in the Program, or attempting to participate in the Program while being under the age of eighteen (18) (or other legal age of majority specified by applicable law);
viii. transmitting any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (e.g. “spamming”);
ix. interfering with or disrupting any servers, networks, or systems connected to the Program;
x. doing anything that harms or damages, or may harm or damage, the brand, goodwill, or reputation of WorkBuzz Analytics Ltd. or any service providers that assist WorkBuzz with providing the Program;
xi. transmitting any file that contains viruses, worms, Trojan horses, or any other contaminating or destructive features;
xii. using any automated system, script, or macro to participate in the Program;
xiii. reselling, bartering, trading, auctioning or otherwise generating income by providing access to the Program to others
xiv. infringing the intellectual property rights of WorkBuzz, its service providers, or any third parties;
xv. stalking, harassing, or harming any other individual;
xvi. referring yourself or any company you represent or referring a company that has hired you or a company you represent to provide consulting, systems integration, or neutral/objective advice regarding a Qualifying Service or other similar service;
xvii. using the Program in any way that WorkBuzz (in its sole and absolute discretion) considers to be unreasonable, excessive, or in bad faith; or
xviii. using the Program in any way that breaches any applicable local, national, or international law or regulation, or that is in any way unlawful, fraudulent, or wrongful, or has any unlawful, fraudulent, or wrongful purpose or effect.
C. Social Media
If you make any post on any social network (such as Facebook, Twitter, Instagram, Pinterest, or LinkedIn) as a part of this Program, you must include, and not delete, any disclosure that the Program website automatically creates for the post you are making. If no such disclosure is automatically generated for your social network, you must, at a minimum, include "#Advert" in any social network posts you make as a part of the Program. You are responsible for ensuring that your posts on any social network comply with the terms of use of the site, and any other applicable laws, statutes, and regulations.
D. Controlling WorkBuzz Referral Account
In the event of a dispute regarding who submitted a particular Referral, the Referral will be deemed submitted by the authorized and registered account holder of the email address associated with the WorkBuzz Referral Account which directly or indirectly submitted the Referral submission. You are responsible for maintaining the confidentiality of your sign-in credentials and are fully responsible for all activities that occur under them. You agree to notify WorkBuzz immediately if you believe the confidentiality of your sign-in credentials has been compromised or if you suspect unauthorized use of your WorkBuzz Referral Account. We are not responsible for your failure to comply with this clause, or for any delay in shutting down your WorkBuzz Referral Account after you have reported a breach of security to us.
E. Limitations.
You represent and warrant that you shall:
i. comply with all applicable laws relating to anti-bribery and anti-corruption (“Bribery Laws”), including but not limited to the United States Foreign Corrupt Practices Act (“FCPA”) and the UK Bribery Act 2010;
ii. not engage in any activity, practice, or conduct which would constitute an offense under the FCPA or sections 1, 2, or 6 of the UK Bribery Act 2010 regardless of where such activity, practice, or conduct has been carried out;
iii. immediately notify WorkBuzz in writing if you learn or suspect that you are being investigated by any law enforcement agency in relation to corrupt practices or any breach of Bribery Laws in connection with your activities hereunder; and
iv. not do, or omit to do, any act that will cause or lead WorkBuzz to be in breach of any Bribery Laws. Without limiting the generality of the foregoing, you will not submit any Referrals where you have been retained to provide consulting, systems integration, or neutral/objective advice to a governmental entity or a prime or subcontractor under a governmental contract. You shall make all required disclosures to any government (including local government) customers, education end users, and customers purchasing products or services that will be reimbursed under a government program or grant, in each case, describing all potential Awards you may claim under the Program. You certify that;
a. you are not a government entity,
b. you have not accepted any Awards under the Program to the extent that they relate to your performance of a government contract requiring you to provide neutral or unbiased advice to the government with respect to the types of technology products and solutions provided by WorkBuzz, and
c. your acceptance of Awards under the Program shall not violate any government rules or regulations, including those relating to conflicts of interest or kickbacks. You further acknowledge and agree that WorkBuzz may elect to withhold or delay any Award to which you may be otherwise entitled hereunder (1) if WorkBuzz develops a reasonable suspicion that any part of this certification was or has become inaccurate, (2) if you or WorkBuzz becomes the target of any government action or investigation in any way relating to the Program, or (3) WorkBuzz decides in its sole discretion to discontinue the Program due to a change in the regulatory environment.
F. Indemnification
You hereby agree to release, indemnify and hold harmless WorkBuzz and all WorkBuzz affiliated entities from any and all losses, liabilities, claims, damages, and expenses (including, without limitation, collection fees, court costs, and reasonable attorneys' fees) in the event that you breach this Section 6, or otherwise violate these terms and conditions, including without limitation by submitting Referrals that are not citizens or permanent residents of the United Kingdom, or United States, and are not physically located and actively domiciled in the United Kingdom, or United States.
7. Conduct; Compliance
A. Disqualifiers
WorkBuzz reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process, or suspects of fraud, abuse, or breach of the terms and conditions of this Program (“Disqualifier”). WorkBuzz reserves the right to seek any and all damages for any Disqualifier attempted by you to the fullest extent permitted by law, including without limitation all attorney’s fees.
B. Compliance
WorkBuzz complies with the Federal Trade Commission's 16 CFR Part 255 "Guides Concerning the Use of Endorsements and Testimonials in Advertising", the Privacy and Electronic Communications (EC Directive) Regulations 2003, and other applicable laws. WorkBuzz honors requests from consumers and customers who choose to opt out of receiving WorkBuzz marketing emails. Accordingly, if you designate a Referral email address that has previously opted out of receiving WorkBuzz marketing emails, you will be advised that the email address is not eligible to be sent a Program email. WorkBuzz reserves the right to terminate your WorkBuzz Referral Account, deactivate any relevant Referral Link(s), and to require you to stop sharing the Referral Link(s) in any manner not permitted by applicable law.
C. Verification of Compliance
You agree to provide all the reasonable information, cooperation, and assistance that WorkBuzz requests in connection with any review or assessment of your compliance with these terms and conditions.
8. LIMITATIONS OF LIABILITY
A. DISCLAIMER
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, WORKBUZZ AND ITS AFFILIATES DISCLAIM ALL GUARANTEES AND/OR WARRANTIES, EXPRESS OR IMPLIED WITH RESPECT TO THE PROGRAMME, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
B. EXCLUDED DAMAGES
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WORKBUZZ OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES WHETHER ARISING UNDER CONTRACT, WARRANTY, OR TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR ANY OTHER THEORY OF LIABILITY EVEN IF SUCH PARTY HAS BEEN INFORMED IN ADVANCE OF SUCH DAMAGES OR SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN. WORKBUZZ'S TOTAL CUMULATIVE LIABILITY UNDER THIS AGREEMENT FOR ANY AND ALL DAMAGES, REGARDLESS OF THE FORM OF THE ACTION, SHALL BE LIMITED AND CAPPED IN ITS ENTIRETY AT ONE HUNDRED POUNDS / ONE HUNDRED DOLLARS (GBP £100 / USD $100.00).
9. Term; Termination
A. Term
The term of this agreement between WorkBuzz and you will commence on the Effective Date and will remain in effect until terminated under this Section 9. Any notice of termination of this agreement by either party to the other must include an effective date of termination ("Termination Date") that complies with the notice periods in this Section 9.
B. Termination
You may terminate this agreement for any reason by providing us with notice and closing your WorkBuzz Referral Account. We may terminate this agreement with you for any reason by providing you with at least 30 days’ advance notice. Either party may terminate this agreement for cause if the other party is in material breach of this agreement and the material breach remains uncured for a period of 30 days from receipt of notice by the other party. No later than the Termination Date, you will close your account. We may also terminate this Agreement immediately upon notice to you
i. if our relationship with a third-party partner who provides products, software, or other technology we use to run the Program expires, terminates, or requires us to change the way we run the Program or
ii. in order to comply with the law or requests of governmental entities.
C. Effect of Termination
Upon the Termination Date,
i. all your rights under this agreement immediately terminate; and
ii. Sections 1, 3(B), 5, 6(D), 6(F), 8, 9(C), and 10 will continue to apply in accordance with their terms.
10. General
A. Governing Law and Venue
This Agreement will be construed in accordance with and governed by the laws of England and Wales and each party agrees to submit to the exclusive jurisdiction of the English Courts.
B. Severability
If any provision of this Program or terms and conditions is deemed to violate any law, rule, or regulation, it shall be amended to conform to such law, rule, or regulation or, if it is not capable of being amended to conform, stricken, and all other provisions shall remain in full force and effect.
C. Intellectual Property
The use of certain third-party products and services as Awards does not imply participation in, or approval of, this Program by such third-party product or service providers. This Program is sponsored and administered exclusively by WorkBuzz and is in no way sponsored, endorsed, administered by, or associated with Facebook®, LinkedIn®, Twitter®, or any other company referenced herein.
D. Privacy Policy
Personal information submitted for this Program will be subject to WorkBuzz's Privacy Notice, as amended from time to time, and posted at
https://workbuzz.com/privacy-notice/. You acknowledge that WorkBuzz may provide relevant personal information, including your name and address, about you to third parties solely to the extent necessary to issue your accrued Award. Personal information submitted for this Program by you, or any other party, may be processed and stored in the UK and the US.
E. Contact Us
You may contact WorkBuzz at
hello@workbuzz.com or +44 (0) 3333 446 530 or
i. if you are based in the UK at: WorkBuzz, 5 Linford Forum, Rockingham Drive, Milton Keynes, MK14 6LY or
ii. if you are based in the US at: WorkBuzz, 800 North State Street, Suite 304, City of Dover, County of Kent, DE 19001.
