Referral Program Terms and Conditions
Last Updated: January 18, 2021
These Terms and Conditions (“Referral Program Terms and Conditions”, or “Terms”) apply to all participants in the Referral Program. These Referral Program Terms and Conditions set out the rights and obligations of all users regarding the Referral Program. A person who is not a party to these Referral Program Terms and Conditions shall have no right to enforce or receive the benefit of any of these Referral Program Terms and Conditions.
These Terms include:
- Interpretations and Definitions
- How the Program Works
- Changes To Terms
- Contact Us
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 Referral Program Terms and Conditions in its entirety, You may not participate in the Referral Program.
How the Program Works
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.
- Log into Your Drones On Track account.
- Visit Your account page at https://dronesontrack.com/my-account.
- Select the “Your Referral Link” tab to view your Referral Link
- Share Your link with your friends and colleagues.
- If a person signs up directly through Your Referral Link, You will be that person’s Designated Referrer.
- If a company or individual referred by a User becomes a licensee. After completion of agreement with such licensee and all other conditions have been met, Relevant Referrers for that licensee will be contacted to receive their reward.
Referrers can earn rewards based on their Tier level for each licensee.
- Each Referred has a maximum of 1 Designated Referrer.
- If a Referred receives more than one Referral Link, We will assign the Designated Referrer status to the person whose Referral Link is used to complete the Drones On Track sign up process regardless of when the Referral Links were sent or received.
- Each Referrer can have an unlimited number of Referred.
- You can share Your Referral Link with all of your friends.
- Limit one Drones On Track account per person.
- For each licensee, a Referrer can belong to a maximum of 1 Tier.
- If Your Referrer or any of Your Referred is an immediate family member, there is a limit to 1 Tier per household.
- 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.
- The following is just an example 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 Users/Referrers/Referrals;
- Blue = Chain of Relevant Referrers
- Green = Licensee;
- The numbers indicate the Tier that the Relevant Referrer belongs to.
In the example to the right, there are 6 Tiers of Relevant Referrers with You belonging to Tier 6.
In the example to the right, there are only 5 Tiers of Relevant Referrers with You belonging to Tier 3.
A Qualified Referral occurs when all of the following steps occur:
- The Referrer, who is a registered User of the Website, shares a Referral Link URL with others via the Internet, such as through email, social media networks, etc.
- The Referred clicks on the Referral Link and signs up for an account on the Referral Link. The Referrer from step 1 becomes the Designated Referrer of the Referred.
A User must use their Referral Link to participate in the Referral Program, but no purchase is required.
Having a Qualified Referral does not guaranteed a Participant will receive a reward. Read Conditions for Receiving Rewards for further 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.
We will only be distributing rewards to Referrers that are considered relevant to each license, also known as Relevant Referrers. You are eligible for receiving a reward for a license if You are a Relevant Referrer for said license. 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),
- 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).
Rewards will be awarded for Qualified Referrals to a Referrer when all the following conditions are met:
- The Referred User must use the Referral Link from a Referrer in good standing with Drones On Track.
- If a Referred User receives more than one Referral Link, We will assign the “Designated Referrer” to the person whose Referral Link is used to complete the Drones On Track sign up process regardless of when the Referral Links were sent. If a Referred User signs up for an account using any other method, the registration will not count as a Qualified Referral and Referrer will not earn the “Designated Referrer” status for that Referred. The licensee determines who their Designated Referrer is. We have full discretion to determine which person earned such referral according to Our systems.
- The Referred is/was not a previously registered User.
- The Referred is at least the age of majority in their jurisdiction.
- The Referrer is not referring himself/herself/themselves.
- The Referrer must be eligible to create a Drones On Track account and otherwise be qualified.
- The Referred must be eligible to create a Drones On Track account and otherwise be qualified.
- A completion of agreement with a licensee has been signed and all other licensing conditions have been met.
- The introduction between the licensee and us was set up by a Referrer in good standing with Drones On Track.
- The Referrer is a Relevant Referrer for a licensee.
We will contact the Relevant Referrers for each licensee by email 2 weeks after the completion of agreement has been signed and all other licensing conditions have been met. Such Relevant Referrers shall receive half of their reward upon a contract being signed. The other half will be given out when the system under that agreement is operational.
Rewards are not transferable and may not be auctioned, traded, bartered or sold, whether by operation of law or otherwise.
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.
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 Program, or to other accounts, computer systems, or networks connected to the Program;
- 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,
- create multiple Drones On Track accounts,
- create fake accounts, profiles, etc.,
- 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
- transfer or sell your account to any other party
- Respect Others: You agree not to:
- Collect or attempt to collect personal data about Users or potential Referred Users,
- Harass, stalk, or harm another individual,
- Interfere with another User’s use of the Program or Service,
- Spam Your Referral link including but not limited to mass emailing, texting, or messaging people You do not know or using automated systems or bots through any channel to distribute Your Referral Link,
- Cause any third party to engage in these restrictions
Limitation of Liability
You acknowledge and agree that, to the maximum extent permitted by applicable law, the entire risk arising out of Your access to and use of the Service and Program remains on you.
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 use the Service 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 Your account or the information contained therein; 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.
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,
- any other party’s access and use of the Service with Your email address and password,
- any content of any kind submitted via Your Drones On Track account, including, but not limited to, misleading false, or inaccurate information
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
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.
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.
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.
If you choose to access and/or use the Service, You do so voluntarily and at Your sole risk.
Your interactions with other Users are solely between You and such users, whether on the Service or otherwise. You agree that We will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between You and any User, We are under no obligation to become involved.
User or Third Party Content
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.
We reserve the right to withhold, deny, or cancel any rewards and/or suspend or terminate accounts and access to the accounts and/or disqualify any User, without prior notice or liability, if We notice any activity that we believe is abusive, fraudulent, or in violation of the Referral Terms, Terms of Service, or any other applicable law or regulation. We reserve the right to review and investigate all referral activities and to suspend accounts or modify referrals in Our sole discretion as deemed fair and appropriate.
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, or upon termination of a participant’s account 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.