These ShapeConnect Referral Program Terms and Conditions (“Referral Terms”) govern Inviter’s participation in this ShapeConnect Referral Program (“Referral Program”). By participating in the Referral Program, you (“Inviter”) agree to abide by these Referral Terms, which will solely and exclusively govern your participation in the Referral Program, which may not be assigned or delegated to any other party. If Inviter does not agree, Inviter may not participate in this Program.
To the extent not contradicted or modified herein, these Referral Terms hereby incorporate all other agreements, Terms of Service and Use, and other Policies applicable to Inviter’s access to and use of applications, websites, content, products, and services on or through ShapeConnect’s platform (the "Services"). Capitalized terms not defined in these Referral Terms will have the same meaning as in the ShapeConnect Terms of Service and Use or other agreements previously executed between Inviter and ShapeConnect. If these Referral Terms are inconsistent with these other agreements, these Referral Terms will supersede and govern Inviter’s participation in the Referral Program.
1. About the Program
ShapeConnect may provide Inviter with the opportunity to invite Inviter’s friends or business contacts (each, an “Invitee”) to join ShapeConnect. Participation in the Referral Program is by invitation only (through an “Invitation”) and completely voluntary. If Inviter is invited to use for the Referral Program, we will notify Inviter. Inviter may be notified via email, via the ShapeConnect website at www.shapeconnect.com (“Website”), or through another method or direction to register for the Referral Program.
ShapeConnect may, from time to time, provide Inviter with the opportunity to earn referral credits (“Referral Credits”) when Inviter refers an eligible Invitee to ShapeConnect through the Referral Program. The Referral Credits are redeemable for cash payments from ShapeConnect. We provide more information about Referral Credits below.
By agreeing to these Referral Terms, Inviter accepts the terms by which it may participate in the Referral Program. Through participation, Inviter may refer an Invitee(s) to ShapeConnect for Services, after which ShapeConnect may provide Services to Invitee upon Invitee’s registration with ShapeConnect and agreement to receive Services by accepting the Terms and executing the then current standard Merchant Engagement Agreement or Client Services Agreement. Upon Invitee’s completion of certain actions—further defined below—Inviter will be eligible to receive Referral Credits (as further defined below).
2. Eligibility
To be eligible to participate in the Referral Program as an Inviter (as a party that can receive Invitations to be sent to Invitees as custom sign-up links) or to earn any Referral Credits, Inviter must have and maintain an active account with ShapeConnect via ShapeConnect’s Digital Properties and be in good standing as a ShapeConnect Website user. ShapeConnect reserves the right to terminate and disqualify Inviter at any time from participating in the Referral Program if Inviter does not comply with these Referral Terms.
3. Invitation Process
To send Invitations, simply share your personal sign-up link (check your inbox for details or visit www.shapeconnect.getrewardful.com and follow the instructions). Inviter may be required to submit personal information about Inviter’s Invitee, such as name and e-mail address. Upon providing the necessary information, ShapeConnect will provide Inviter with a specific link to share with Invitee so Invitee may begin the ShapeConnect user registration process.
All information collected, stored, processed, or shared through the Referral Program is subject to ShapeConnect’s Privacy Policy. By participating in the Referral Program, Inviter agrees to ShapeConnect’s collection, use, storage, and processing of Inviter’s personal information and acknowledges that Inviter has read and accepted ShapeConnect’s Privacy Policy.
4. How to Earn Referral Credits
If Inviter is eligible to earn Referral Credits, we will let Inviter know in the Dashboard section of Inviter’s account on the Website or through other messaging, which may include solicitations in email form. Inviter may only receive a Referral Credit if all the following criteria are fulfilled:
Referral Credits may only be earned from an individual Invitation during the three hundred and sixty five (365) days after the initial transaction on ShapeConnect by the Invitee through registration by the Invitee on the Website (“Referral Credit Period”). Multiple Invitations associated with an individual Inviter may be sent by ShapeConnect or Inviter to different Invitees and each will have its own, independent Referral Credit Period.
In your referral portal, we will notify Inviter when Inviter earns a Referral Credit. The amount of Referral Credits that Inviter may receive and the time period during which Inviter may earn Referral Credits are subject to limitation. Invitations are limited to one specific Inviter and so each Invitation may only be sent by a single Inviter to any Invitee in order to receive Referral Credits.
Referral Credits will expire upon any cancellation of Inviter’s ShapeConnect account or termination of the Inviter’s eligibility for the Referral Program for violation of any of the terms set forth in the Restrictions, below.
5. Calculation of Referral Credits
The amount of Referral Credits earned will be equal to 5% of the amount of a Solution bought or sold by the Invitee, with a ShapeConnect Third Party User, during the Referral Credit Period.
6. Pricing
ShapeConnect shall be solely responsible for setting the price of fees for Services that ShapeConnect provides to Invitees and may change the pricing of fees for such Services at any time, at ShapeConnect’s sole discretion. Inviter acknowledges that ShapeConnect has such authority and will exercise it regularly, as is its normal business practice with all ShapeConnect users.
7. Payment Process
Payments to Inviter for Referral Credits earned will be paid in arrears in the month following the month in which the Referral Credits are earned. Payments are in the form of cash.
8. Invitee Acceptance and Review
ShapeConnect thoroughly reviews and evaluates each potential user to its Service, including any Invitee. Based upon criteria solely established by ShapeConnect in its discretion, ShapeConnect will determine whether an Invitee will be accepted as a user of ShapeConnect’s Services and eligible to transact with Third Party Users. The determination criteria may change from time to time. ShapeConnect will promptly determine if an Invitee meets the established criteria and accept or decline Invitee as a user for Services who is eligible to accept or provide a Solution.
9. Restrictions & Termination
In addition to the restrictions Inviter agreed to in the ShapeConnect Terms of Service, Inviter agrees that the below listed activities are expressly prohibited and engaging in any of these will be grounds for immediate termination and disqualification from the Referral Program, potentially including the forfeiture of existing Invitations and accrued, but not yet used, Referral Credits.
ShapeConnect has the sole and unconditional right to cease processing transactions with any Invitee in accordance with the then current Terms and/or other agreements executed between ShapeConnect and Invitee. Inviter shall inform ShapeConnect if Inviter determines that fraudulent or otherwise improper transaction activity is occurring between Invitee and any other user of ShapeConnect’s Services.
In the event of a breach of these Referral Terms by either Inviter or ShapeConnect, the party with knowledge of such breach shall notify the other party of the nature of the alleged breach. Unless actions of the breaching party are brought into compliance with these Referral Terms within thirty (30) days of notice of such breach, and such compliance is to the reasonable satisfaction of the non-breaching party, these Referral Terms may be terminated upon thirty (30) days advance written notice. Such termination for cause (due to breach) shall relieve the non-breaching party of any obligations or duties to the breaching party, whether such obligations or duties existed prior to or after the date of the notice or breach.
10. Period for Performance
These Referral Terms shall be effective as of the date accepted by Inviter and shall continue until either ShapeConnect or Inviter willfully and explicitly notifies the other of its intent to terminate adherence. Notwithstanding such notice, unless for cause as a result of a breach of these Referral Terms, any termination of the Referral Terms upon notice shall not be in effect until the passing of thirty (30) days from the date of notice.
11. Non-Interference
Inviter agrees that, during the effective period of these Referral Terms, Inviter will not willfully induce or attempt to induce any Invitee to discontinue or select away from Services with ShapeConnect. In addition to any other available remedies, breach of the terms of this section of the Referral Terms will permit ShapeConnect to withhold payment for any Referral Credits earned by Inviter.
12. Waiver
No waiver by Inviter of any provision of these Referral Terms will be valid unless the same is properly noticed to ShapeConnect. No waiver of a provision of these Referral Terms shall constitute a waiver of any other provision or of the same provision on another occasion.
13. Taxes
All taxes implicated by the execution of the subject matter of these Referral Terms are the sole and exclusive responsibility of Inviter and ShapeConnect, independently. ShapeConnect is hereby not liable or responsible for withholding or remitting any taxes that may be due by Inviter through execution of these Referral Terms, except as required by state or federal law.
14. No Agency, Partnership, or Joint Venture
Nothing contained herein shall be considered or construed as establishing an agency, partnership, or joint venture relationship. Neither ShapeConnect nor Inviter shall have any authority, under these Referral Terms, to contract for or bind the other in any manner. Neither ShapeConnect nor Inviter will represent itself as an agent or employee of the other or make any representations or warranties on behalf of the other.
15. Additional Terms
We reserve the right at any time to modify or discontinue the Referral Program, either temporarily or permanently (or any part thereof). If we modify or discontinue the Referral Program, we will let Inviter know via email or by posting a notice on the Website. ShapeConnect will not be liable to Inviter in the event of any modification, suspension or discontinuance of the Referral Program. ShapeConnect reserves the right to amend, modify or waive these Referral Terms at any time, in its sole discretion.