REFERRAL PROGRAM TERMS & CONDITIONS

Learn about the terms and conditions to participate in our referral program.

Last Updated: June 29, 2021

Interpretation and Definitions

Interpretation

The section titles in these Terms are for convenience only and have no legal or contractual effect and shall not affect the interpretation of this Agreement.

Examples are provided for clarity on the Referral Program and have no legal or contractual effect and shall not affect the interpretation of this Agreement. Examples do not represent or guaranteed that results shown will occur.

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

Capitalized terms that are not defined here will have the same meaning given to them in the Terms of Service. For the purposes of these Terms:

  • Referred: a person or company/legal entity who was referred by another person.

  • Referrer: a person who refers another person or company/legal entity.

  • Designated Referrer means a designation that a person is the officially recognized Referrer of a Referred.

  • Relevant Referrer means a Designated Referrer who is involved with the signing of a licensee. The Relevant Referrers of a licensee are determined by examining up to 6 Tiers of Referrers.

  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Purpose

The Drones On Track Referral Program (“Referral Program” or “Program”) offers participants the opportunity to earn rewards by referring family, friends, and colleagues to share this program with others in an effort to help Drones On Track sign a licensing agreement with a company/licensee.

In other words, we’re trying to reach a licensee. To do so, we’re asking you to share this program with anyone in the hopes that someone will know and contact a CEO, board member, etc. of a delivery, logistics, technology company, or SPAC. You may get paid for simply sharing this program with others.

Application of these Terms

These Terms and Conditions (“Referral Program Terms and Conditions”, or “Terms”) apply to all participants in the Referral Program. These Terms set out the rights and obligations of all participants regarding the Referral Program. A person who is not a party to these Terms shall have no right to enforce or receive the benefit of any of these Terms.

Acknowledgment

Binding Effects

By participating in the Referral Program, You agree to and are bound by these Terms in addition to other binding agreements, such as the Website Terms of Service and Privacy Policy.

You represent that:

  • You have read and understand these Terms,
  • You have full legal authority to enter into these Terms, and
  • You agree to these Terms.

If You do not have legal authority to enter these Terms or do not agree to these Terms in its entirety, You may not participate in the Referral Program.

How the Program Works

Eligibility

This Program is void where such referral programs are prohibited.

To be eligible to participate in the Referral Program and be eligible to receive rewards, You must:

  • have the capacity to enter into a legally binding agreement and
  • be at least of the age of majority in the jurisdiction in which You reside.

You cannot participate in the Referral Program if:

  • where in doing so, You would violate any applicable law or regulation,
  • You are under the age of 13 years of age. If you are under 13 years of age, please do not use or access the Referral Program or the Website at any time or in any manner.
  • You have been suspended, banned, or disqualified from participating in the Referral Program,
  • Your participation in Our Referral Program breaches any other agreement to which you are a party.

We reserve the right to find ineligible any participant in the Referral Program at Our sole discretion.

 

To Participate:

  1. Share this program with your family, friends, and colleagues.
         This includes email and social media in any format (video, message, tweet, etc).
  2. Earn a referral fee after a licensee signs with us (terms apply).

No purchase necessary to participate.

By participating, You agree that a Referred may share Your contact information (email or social media username/URL, Your name, etc.) with us in the event that You may be a Relevant Referrer for a signed licensee agreement.

Reward Tiers

Referrers can earn rewards based on their Tier level for each licensee. See the following definitions of each Tier.

  • Licensee

    The company/business with whom we sign a licensee agreement.

  • Tier 1: $500,000

    Tier 1 Referrers directly introduced us to a licensee. The licensee determines who was their Referrer (Tier 1).

  • Tier 2: $20,000

    Tier 2 Referrers introduced the Referral Program to a Tier 1 Referrer.

  • Tier 3: $15,000

    Tier 3 Referrers introduced the Referral Program to a Tier 2 Referrer.

  • Tier 4: $10,000

    Tier 4 Referrers introduced the Referral Program to a Tier 3 Referrer.

  • Tier 5: $5,000

    Tier 5 Referrers introduced the Referral Program to a Tier 4 Referrer.

  • Tier 6: $3,000

    Tier 6 Referrers introduced the Referral Program to a Tier 5 Referrer.

Limits

  • Each Referred has a maximum of 1 Designated Referrer.
  • Each Referrer can refer as many people as they wish to share the program with.
  • For each licensee, a Referrer can belong to a maximum of 1 Tier. A Referrer can refer (directly or indirectly) an unlimited number of licensees.
  • The Tier that a Referrer belongs to determines the maximum reward that said Referrer can possibly receive.
  • There is no requirement for 6 tiers of Referrers. There may be fewer or more Tiers needed to contact a licensee. However, only Relevant Referrers up to Tier 6 will be eligible to receive a reward for each licensee. Read Relevant Referrers for more details.

Conditions for Receiving Rewards

All terms and conditions for the distribution of rewards are determined by Drones On Track in its sole discretion and are subject to change at any time. All of the Company’s decisions are final and binding.

Relevant Referrers

Only Referrers that are considered relevant to obtaining a licensee (“Relevant Referrers”) will be eligible to receive a reward for said licensee. To be a Relevant Referrer of a licensee, You must be one of the following:

    • the Designated Referrer of the licensee (Tier 1) who is determined by said licensee,
    • the Designated Referrer of the Designated Referrer of the licensee (Tier 2), 
    •  the Designated Referrer of the Designated Referrer of the Designated Referrer of the licensee (Tier 3), 
    • the Designated Referrer of the Designated Referrer of the Designated Referrer of the Designated Referrer of the licensee (Tier 4),
    • the Designated Referrer of the Designated Referrer of the Designated Referrer of the Designated Referrer of the Designated Referrer of the licensee (Tier 5), or
    • the Designated Referrer of the Designated Referrer of the Designated Referrer of the Designated Referrer of the Designated Referrer of the Designated Referrer of the licensee (Tier 6).

Conditions

Rewards will be awarded for Qualified Referrals to a Referrer when ALL of the following conditions are met:

  • The Referrer is a Relevant Referrer for such licensee.
  • The Referrer is not referring himself/herself/themself.
  • A completion of agreement with a licensee has been signed and all other licensing conditions have been met.

Receiving Rewards

Around 2 weeks after the completion of agreement has been signed and all other licensing conditions have been met, we will ask the licensee to identify their Designated Referrer (Tier 1). We will contact that Designated Referrer (Tier 1) and ask them to identify their Designated Referrer (Tier 2). We will repeat this process for each Designated Referrer until:

  • We can identify and contact the Tier 6 Referrer, or
  • a Referrer (of Tier level 5, 4, 3, 2, or 1) cannot identify a Designated Referrer (ie. they originally heard about the Referral Program through us), or
  • We cannot contact the identified Designated Referrer (ie. they don’t respond to our emails).

This list of Designated Referrers will be considered the Relevant Referrers for this licensee.

Such Relevant Referrers shall receive half of their reward upon a contract being signed. The other half will be sent out when the system under that agreement is operational. Relevant Referrers must accept their reward as directed by Us within 14 calendar days of notification(s).

Rewards are not transferable and may not be auctioned, traded, bartered or sold, whether by operation of law or otherwise.

We are not responsible or liable for any delay or failure to receive notification for any reason, including without limitation, inactive email account(s), inactive social media account(s), technical difficulties associated therewith, Relevant Referrer’s failure to adequately monitor any email account and/or social media account, Relevant Referrer’s spam, junk email, or other security settings, or Relevant Referrer’s provision of incorrect or otherwise non-functioning contact information.
 
Relevant Referrer will be required to complete, electronically or manually sign, and submit an affidavit of eligibility, liability waiver, and a Publicity Release (collectively “the Reward Claim Documents”) within seven (7) days of the date notice or attempted notice is sent, in order to claim his/her reward.
 
If a Relevant Referrer cannot be contacted, is ineligible, or fails to submit the Reward Claim Documents within the required time period, or reward or communication is returned as undeliverable, reward may be forfeited. In such case, the Sponsor reserves the right to disqualify such Relevant Referrer and leave the reward for him/her as undelivered; other Relevant Referrers’ rewards will remain unchanged. Relevant Referrer agrees to accept his/her/their reward “as is”.
 

The Relevant Referrers must continue to comply with all terms and conditions of these Referral Terms, and earning a reward is contingent upon fulfilling all requirements.

Taxes

Rewards may be taxable, depending on the federal, state, and local tax laws applicable to the Participant. Participants are solely responsible for reporting such items on their tax returns and paying any associated tax liability.

Examples:

    • The following are examples to illustrate and further clarify how the Referral Program Works. It is shown for convenience and clarification only and has no legal or contractual effect.
    • The icon colors are as follows:
        • Yellow = You;
        • Black = Other Referrers/Referred;
        • Blue = Other Relevant Referrers besides You
        • Green = Licensee;
    • The numbers indicate the Tier that the Relevant Referrer belongs to.

 

example_tier_6

In this example, there are 6 Tiers of Relevant Referrers with You belonging to Tier 6.

example_tier_3_5

In the example, there are only 5 Tiers of Relevant Referrers with You belonging to Tier 3.

Conduct

Inappropriate Behavior

In connection with your participation in the Referral Program, you expressly agree to the restrictions listed below.

If you violate any of these restrictions, We may, in Our discretion, disqualify You from participating in the Referral Program, and/or deny You any rewards earned in violation or suspected violation of these restrictions.

 

 

    • No Infringements or Violations: You agree not to:
      • Violate any applicable law,
      • Infringe or violate the rights of any third party,
      • Infringe or violate the rights of Drones On Track or its Affiliates,
      • Violate these Terms and Conditions, including these restrictions
      • Violate the Website Terms of Service
      • Engage in actions or behavior that malign or disparage or call into question the reputation of Drones on Track or its Affiliates, in Our sole discretion,
      • Engage in activity deemed in Our sole discretion to be generally inconsistent with the intended operation of the Program

 

    • No Tampering: You agree not to:
      •  Attempt to gain unauthorized access to the Website, or to computer systems, or networks connected to the Website;
      • Transmit files that contain bots, viruses, worms, Trojan horses, or any other destructive or contaminating features;
      • Engage in any actions that are designed to disrupt, tamper, corrupt or undermine the Program or the Website,
      • Engage in any actions that are designed to undermine the fairness, integrity or legitimate operation of the Referral Program in any way

 

    • No Misrepresentations: You agree not to:
      • impersonate any person or entity,
      • misrepresent your relationship with Drones On Track or any other third party,
      • suggest an affiliation or partnership exists with a third party where none exists,
      • use an automated system to participate

 

  • Respect Others: You agree not to:
    • Harass, stalk, or harm another individual,
    • Interfere with another User’s use of the Program or Service,
    • Cause any third party to engage in these restrictions
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE PROGRAM. SHOULD SUCH AN ATTEMPT BE MADE, THE COMPANY RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING, BUT NOT LIMITED TO, ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
 

Legal

Limitation of Liability

You acknowledge and agree that, to the maximum extent permitted by applicable law, the entire risk arising out of Your participation in the Program remains on you.

Release Agreement

To the maximum extent permitted by applicable law, You release the Drones On Track Parties from any and all liability for any special, incidental, punitive, indirect, actual, economic, exemplary, or consequential damages whatsoever, or damages for loss of profits or revenue, whether incurred directly or indirectly, or, including without limitations, for loss of data or other information, costs of procurement of substitute products or services, loss of goodwill, property damage, business interruption, loss of customers, service interruptions, computer damage, failure to store any information or other content maintained or transmitted by the Company, personal injury and/or death, emotional distress, loss of privacy arising out of or in any way connected to (i) these Terms; (ii) the use or inability to access the Website or Program; (iii) the defamatory, offensive, or illegal conduct of any third party; (iv) any content obtained from the Services; (v) hacking, tampering, or other unauthorized access to or use of the Service or (vi) sweepstakes, contests, or Referral Program and/or the receipt, use, misuse, or non-use of any rewards or prizes from sweepstakes, contests, or referral programs, whether based on warranty, contract, tort (including negligence), or any other legal theory even if the Company knows or had been advised of the possibility of such damages and whether or not the remedies provided herein fail of their essential purpose.

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, TO THE MAXIMUM EXTENT POSSIBLE BY LAW, THE DRONES ON TRACK PARTIES’ MAXIMUM AGGREGATE LIABILITY TO YOU ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT AND/OR YOUR PARTICIPATION IN THE PROGRAM, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE) EVEN IF DRONES ON TRACK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, WILL BE LIMITED TO $100 USD.

Some states do not allow the limitation or exclusion of limitation of liability of certain damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

Indemnification

 

By participating in the Referral Program, you agree to indemnify, release, defend, and hold the Drones On Track Parties harmless from and against any and all claims, liabilities, losses, damages, demands, suits, costs or debt, expenses (including legal fees and costs) caused by, arising from, in connection with, or related to:

      • Your use or inability to use the Service, including any data or content transmitted or received by You,
      • Your breach or violation of these Terms or the Website Terms of Service, including without limitations, Your breach of any of the representations and warranties in these Terms
      • Your violation of any applicable laws or regulations,
      • Your willful misconduct,
      • Your violation of any User’s or third party’s rights, including, but not limited to, infringing intellectual property rights,
We reserve the right, in Our sole discretion, to assume the exclusive defense and control at Our 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 Our Company. You agree to cooperate as fully as reasonably required in Our defense and/or settlement of any claim.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision (or the part of it that is making it unenforceable, invalid or void) will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Failure by the Company to enforce any provision of these Terms shall not constitute a waiver of that provision. Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

Applicable Law

These Terms are governed by, and construed and interpreted in accordance with, the laws of the state of Pennsylvania without regard to conflict of law principles that would result in the application of the laws of another jurisdiction. You and the Company agree to submit to the personal and exclusive jurisdiction by and venue in the state and federal courts located within Monroe County, Pennsylvania for resolution of any lawsuit or court proceeding permitted under these Terms, and You waive any objection to such jurisdiction or venue.

Except where prohibited, disputes, claims, and causes of action arising out of these Terms shall be resolved under the laws of the United States, and except where prohibited, Pennsylvania law (without reference to its conflicts of law principles).

Your use of the Service may also be subject to other local, state, national, or international laws.

 

Disclaimers

If you choose to access and/or use the Service, You do so voluntarily and at Your sole risk.

Computer/Device System
The Company disclaims any liability for damage (including without limitation loss of data) to any device or computer system resulting from Your access or use of the Service or any content on the Service. The Company disclaims any liability for deletion of, or the failure to store or to transmit, any content maintained by the Service.
 
User or Third Party Content
Opinions, advice, statements, offers, or other information or content concerning Our Company or made available through the Service, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Under no circumstances will we be responsible for any loss or damage resulting from your reliance on information or other content posted by third parties, whether on the Service or otherwise.
 
Force Majeure

The Company shall not be liable to any participant for failure to supply any reward or any part thereof, by reason of any acts of God, any actions(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, epidemic, pandemic, quarantine, civil commotions, breakdown of communication facilities, breakdown of web host, breakdown of internet service provider, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, tornado, hurricane, tsunami, war (declared or undeclared), fire, flood, explosion, unusually severe weather, embargo, labor or material shortage, labor dispute or strike (whether legal or illegal), transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other similar or dissimilar cause beyond any of the Drones On Track Parties’ control.

Disclaimer of Warranties

The Service and its content is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty or conditions of any kind either express or implied. Your use of the Service is at Your own risk. To the maximum extent permitted under applicable law, the Drones On Track Parties, expressly disclaims any conditions and warranties of any kind, whether express, implied, statutory or otherwise, with respect to the Service, including all warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.

Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards, or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, the Drones On Track Parties make no representation or warranty of any kind, express or implied and disclaim all responsibility and liability for: (i) the operation, connectivity, security, or availability of the Service, or the information, content, and materials or products included thereon; (ii) whether the Service will be uninterrupted or error-free; (iii) the accuracy, reliability, correctness, completeness, validity or currentness of any information or content provided through the Service or any sites linked to the Service; (iv) whether any defects or errors will be corrected; and (v) the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, Trojan horses, worms, malware, timebombs or other harmful components.

No advice or information, whether oral or written, obtained by you from Us or through the Service will create any warranty not expressly stated herein.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Termination

We reserve the right to withhold, deny, or cancel any rewards and/or suspend or disqualify any participant, without prior notice or liability, if We notice any activity that we believe is abusive, fraudulent, or in violation of these Terms, Terms of Service, or any other applicable law or regulation.

We reserve the right, without prior notice or liability, to terminate, modify, or suspend the Program immediately for any reason whatsoever. This includes, but is not limited to, if the Company determines that the administration, security, or fairness of the Program has been compromised in any way.

Upon termination of the Program or any portion thereof for any reason, any unclaimed rewards accumulated by the participant(s) are forfeited.

All of the Company’s decisions are final and binding.

Changes to these Terms

We reserve the right, in Our sole discretion, to modify, change, cancel, or replace any aspect of these Terms at any time without prior notice. If a revision is material, We will post the modification on the Website, which is effective upon posting. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service or Program after those revisions become effective, You agree to be bound by the revised terms. Continued participation in the Program after any modification shall constitute consent to such modification. The most current version of the Terms supersedes all previous versions.

Contact Us

If you have any questions about these Terms, You can contact Us: