Referral Programme - Terms & Conditions
The following Terms and Conditions apply to the participation of new and existing Referrer in the referral of new customers to BuzzingTunePlus’s products in the promotion known as “BuzzingTunePlus Referral Program”.
1. Subject of the Contract
BuzzingTunePlus.com a site traded by Digital Solutions Computer Consultancy (hereinafter referred to as " BuzzingTunePlus ") markets products and services (hereinafter referred to as " BuzzingTunePlus products") under the BuzzingTunePlus Referral Program via banners, recommendation e-mails, or links to customers. The BuzzingTunePlus product range is subject to change. BuzzingTunePlus is entitled to modify the scope of products and services and the respective pricing at its sole discretion.
2. Conditions for Participation
The Referrer must meet the following conditions to participate in the BuzzingTunePlus Referral Program: The Referrer is a natural person or a legal entity, the Referrer must be at least 18 years of age. The sending of unsolicited emails is not permitted. Any recommendation sent by e-mail shall be only to recipients known to the Referrer. The Referrer is not entitled to act on behalf of nor as agent for BuzzingTunePlus. Under no circumstances is the Referrer entitled to accept offers, or to make or receive statements for BuzzingTunePlus. Any form of undue influence is not permitted. The Referrer will refrain from making false statements and providing false information about BuzzingTunePlus products and particularly about the respective contract terms. The Referrer is allowed to use BuzzingTunePlus banners, recommendation emails or links for the purpose of a referral. Brands, trademarks, logos and product names may only be used if the Referrer has obtained prior written approval from BuzzingTunePlus or the third party owner of the same. This applies particularly to the use of BuzzingTunePlus brand names, trademarks, logos and product names within the scope of on-line advertising and in particular to the use of the same as keywords in the context of ads and search engine advertising. The Referrer may not sub-contract any of its rights under this agreement.
A referral fee will be paid as per the referral payment schedule following a new customer placing an order, which results from the Referrer’s referral. BuzzingTunePlus is entitled to adjust the payment schedule from time to time at the discretion of BuzzingTunePlus. The referral scheme is not to be used in conjunction with any other promotion or offer. The fee will be payable in respect of an initial referral and subsequent renewals. Contracts made directly between the new customer and BuzzingTunePlus with no reference to the Referrer, including the renewal of the originally referred contracts, shall not enable any payment. The Referrer shall not be entitled to referral fee generated from the Referrer’s own purchase. The BuzzingTunePlus system will simply not recognise this as an referral sale.
4. Orders subject to Payments and Invoicing
Payment of the fee is conditional on the placing of an order by a new customer using a banner, a recommendation e-mail or link of the Referrer, which is accepted by BuzzingTunePlus. Subject to the order being accepted by BuzzingTunePlus, a contract shall be agreed between BuzzingTunePlus and the new customer. The acceptance of an order from a new customer by BuzzingTunePlus shall be at BuzzingTunePlus’s absolute discretion. BuzzingTunePlus reserves the right to modify referred orders with the new customer's consent in terms of the product supplied, performance and/or price. In such cases the Referrer will receive a referral fee in respect of the product actually supplied. Services that are not entitled a commission include the purchase of domain name. The referral fee will be paid in advance after activation of the ordered product. The referral fee will be retained only if the contract with the new customer is maintained for a period of at least twelve-months and the new customer fully complies with his/her contractual obligations during this period. Unless otherwise stated in the payment schedule, 10 days money back guarantee period, during which the new customer can test the product or otherwise pay no fee, are excluded from the twelve-month period referred to above. If the above conditions are not met, any fee paid to the Referrer, irrespective of the type of product supplied, must be reimbursed by the Referrer. Without the written consent of BuzzingTunePlus, a claim for payment is not transferable. The Referrer shall only be entitled to exercise a right of set-off in respect of undisputed amounts or those which have been determined as due by a court of law. The Referrer shall only be entitled to exercise a right of retention for amounts claimed as due which arise from the same contractual relationship. Payment of the referral fee shall be solely by bank transfer to an account in the Referrer’s name. Payment of commissions can also be made via the PayPal account of the referrer. If the Referrer does not provide his bank details within hundred days after product activation, Referrer shall lose his right to be paid the referral fee. Referrer will solely be informed by e-mail about the pending cancellation of the referral fee. BuzzingTunePlus will only make a payment to the referral when the level of commission due at the end of a given calendar month is above the commission balance threshold. The commission balance threshold for the purpose of this agreement is £25. Referral that do not reach the £25 commission balance threshold in one calendar month will not lose their accrued commission, instead this commission can be used as a credit. Their accrued credit for that particular calendar month will be carried over and applied to the next calendar month, this process shall continue until the referral reaches the commission balance threshold when they will be entitled to receive a payment from BuzzingTunePlus. BuzzingTunePlus will only pay out commissions on sales that are 30 days old and commissions for sales over 30 days old will be paid once the £25 threshold is reached.
5. Taxes, duties or levies
The Referrer shall be solely responsible for payment of all taxes, duties, governmental charges and other like charges levied on the Referral Fee, and the Referrer shall indemnify, defend and hold BuzzingTunePlus harmless from and against any claims arising out or relating to all charges emanating from s BuzzingTunePlus’s payment of the Referral Fee.
6. Promotion and Referral Activities
The Referrer agrees to use its best efforts to engage in continued and active promotion of the Products to potential customers. The Referrer agrees not to associate the Intellectual Property, Marketing Material, BuzzingTunePlus or the Products with content or actions that are unlawful in any manner, or which are otherwise harmful, threatening, defamatory, obscene, offensive,harassing, sexually explicit, violent, discriminatory, or otherwise objectionable in BuzzingTunePlus’s sole discretion. The Referrer agrees not to send unsolicited electronic messages to multiple unrelated recipients (“Spamming”) in promoting the Products, or otherwise to engage in any other form of mass electroniccommunications prohibited by law in connection with activities contemplated under this Agreement. During and after the Term, BuzzingTunePlus shall be the exclusive owner of all Referral relations created via the Referrer. The Referrer shall not misrepresent himself/herself as being part of BuzzingTunePlus or affiliated with BuzzingTunePlus in other manner than as a separate entity, nor shall it allow that impression to be implied by customers or other parties associated with the Referrer.
The Referrer shall be solely responsible for liabilities incurred in performing and complying with this Agreement, including, without limitation, the legality of Referrer’s operations and materials created and used in connection with this Agreement. The Referrer acknowledges and agrees that BuzzingTunePlus is not responsible for the development, operation or content of the Referrer’s Marketing Materials and the Referrer agrees to defend, indemnify and hold BuzzingTunePlus harmless against any and all claims, actions, causes of action, damages, or expenses (including attorney fees) relating to the development, operation, content and maintenance of Referrer’s Marketing Materials.
8. Protection of Customer Data
The Referrer shall only use personal data in compliance with the applicable data protection regulations. The Referrer agrees not to use this customer information for purposes of promotion and distribution of products and/or services of other companies or to pass them on to third parties. This data is only for the purposes of these Terms and Conditions and in connection with the referrals made by the Referrer.
9. Final Provisions
Nothing in these Terms and Conditions is intended to create a partnership between the parties, or to authorise the referrer to act as agent for BuzzingTunePlus nor to have any authority to act in the name or on behalf of or otherwise to bind BuzzingTunePlus in any way (including but not limited to the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power). These Terms and Conditions constitute the entire agreement and understanding of the parties and supersede any previous agreement between the parties. If any provision of these Terms and Conditions shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions which shall remain in full force and effect. If any provision of these Terms and Conditions are so found to be invalid or unenforceable but would be valid or enforceable if some part of the provision were deleted, the provision in question shall apply with such modifications as may be necessary to make it valid and enforceable. These Terms and Conditions shall be governed by and construed in accordance with the law of England and Wales. Each party irrevocably agrees to submit to the exclusive jurisdiction of the courts of England and Wales over any claim or matter arising under or in connection with these Terms and Conditions