The Applied Computer Services, Inc. (ACS) Referral Program is sponsored and produced by Applied Computer Services, Inc., 5445 DTC Parkway, Penthouse Four, Englewood, CO 80111. The promotional program will be active until such time as ACS cancels the program. This can be done at any time and at the sole discretion of ACS.
VOID WHERE PROHIBITED.
To be eligible, participants must have received this offer through ACS.
Referee – The Referee is any person who decides to provide the First Name, Last Name, Company, Email Address and Phone Number of any number of Associates. To be eligible, the Referee must enter at least one Associate with all the contact information mentioned in the previous sentence.
Associate – The Associate is anyone who receives an email directly from ACS who has been referred via the ACS Referral Program web page. For the Referee to be eligible for the reward, the Associate must not already be a client of ACS and purchase and pay for a software product offered by ACS.
No referral fee will be paid to a Referee for a referral of any Associate who is employed by the same company or subsidiary as the Referee. Such a payment could be misconstrued by
management or others within that organization.
Each Referee who provides us with the contact information of an Associate which results in a closed deal of any software product will receive a referral fee based on the reward schedule. The credit paperwork will be initiated no earlier than 30 days from the date ACS receives payment for the purchase from the Associate.
The reward will be delivered via United States Postal Service no earlier than 30 days after ACS receives payment for the purchase from the Associate.
In the event of a dispute regarding who submitted an on-line entry, the entry will be deemed submitted by the authorized account holder of the e-mail account. If a selected winner cannot be contacted, is ineligible, fails to claim a reward, or fails to provide any required paperwork no reward will be issued. If winner is not of age of majority in state of residence, prize will be awarded in name of parent or guardian and parent or guardian may be required to sign Required Agreements.
All of your entries will be disqualified, at the sole discretion of ACS, if you attempt (i) to enter the Program through any means other than through the Web Page (ii) to disrupt the program or circumvent the terms and conditions of these Official Rules, (iii) to use false or fraudulent information to enter the Program. If any of the above occurs, ACS has the right to remedy any such action, disruption, or circumvention in a manner to be solely determined by ACS.
Due to IRS regulations any payment of $600 or more in a single calendar year, to a single individual, will require ACS to obtain appropriate identification to enable a Form 1099 to be issued at the end of that year to that individual. Such identification must be provided to ACS before any payment will be made that would cause the total paid to an individual to be equal to, or exceed, $600.
GENERAL TERMS AND CONDITIONS
Each participant agrees to be bound by these Official Rules and the decisions of ACS, which shall be final. ACS, agents, and representatives of ACS, its parent companies, affiliates, subsidiaries, advertising, promotion, and fulfillment agencies, and legal advisors are not responsible for and shall not be liable for:
- late, lost, delayed, damaged, misdirected, incomplete, illegible, unintelligible, or postage-due entries;
- telephone, electronic, hardware or software Program, network, Internet, or computer malfunctions, failures or difficulties of any kind;
- failed, incomplete, garbled, or delayed computer transmissions and/or electronic mail;
- any condition caused by events beyond the control of the ACS that may cause the program to be disrupted or corrupted;
- any injuries, losses or damages of any kind arising in connection with or as a result of the prize, or acceptance, possession, or use of the prize, or from participation in the Program; or
- any printing or typographical errors in any materials associated with the Program. ACS reserves the right, at its sole discretion, to suspend or cancel Program at any time if a computer virus, bug or other technical program or tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of ACS corrupts the administration, security, fairness, integrity or proper play and/or conduct of the Program.
ACS may prohibit any person from participating in this Program or any future ACS promotion if, at the sole discretion of ACS, that person repeatedly disregards the Program rules, or acts
- in a non-professional manner,
- with an intent to annoy, abuse, threaten, or harass any other participant or ACS representative or
- in any other disruptive manner.
By participating in the Program, each participant agrees to release and hold ACS and ACS’s employees, officers, directors, shareholders, agents, representatives of ACS, its parent companies, affiliates, subsidiaries, advertising, promotion, and fulfillment agencies and legal advisors, harmless from any and all losses, damages, rights, claims and actions of any kind in connection with the Program or resulting from acceptance, possession, use or issue of any reward, including without limitation, personal injury, death, and property damage and claims based on publicity rights, defamation or invasion of privacy.
SCOPE OF REFERRALS
- Non-Exclusivity. Referee acknowledges that its right to refer customer to ACS is non-exclusive, and that ACS reserves the right to sell and distribute any of its Services to any customers in the world, and to appoint any third party to do so, without giving Referee notice thereof and without incurring any liability to Referee therefore.
- ACS’s acceptance of any order for Products after the termination or expiration of this promotion shall not be construed as a renewal or extension of this Agreement or as a waiver of termination or expiration of this Agreement. Any such acceptance shall be deemed an accommodation only.
- Stop Orders: ACS may, in its sole discretion, cancel any Referral orders previously accepted by ACS or delay the time for installment and set-up of any of the Products covered thereby if Client defaults in any of its obligations under this amendment or if ACS reasonably believes that Client may do so with respect to any past or pending Referrals. Under these circumstances no Referral reward will be granted.
- Status as Independent Contractor. The relationship between ACS and Referee by this amendment is that of an independent contractor and nothing herein contained shall be deemed to establish or otherwise to create a relationship of principal and agent, partners, fiduciaries, or joint venturers between ACS and Referee. Referee represents that it is an independent contractor who will not be deemed an agent of ACS for any purpose whatsoever and neither Referee nor any of its agents or employees will have any right or authority to assume or create any obligation of any kind, whether express or implied, on behalf of ACS. This amendment is not a franchise agreement and does not create a franchise relationship between the parties and if any provision of this Agreement is deemed to create a franchise between the parties, then those provisions shall be deemed void and will automatically terminate as if such provision had been deemed unenforceable by a court.
LIMIITATION OF LIABILITY
ACS LIABILITY, IF ANY, AND REFERRER”S SOLE AND EXCLUSIVE REMEDY FOR DAMAGES FOR ANY CLAIM OF ANY KIND WHATSOEVER WITH RESPECT TO ANY REFERRAL OR ORDER, REGARDLESS OF THE LEGAL THEORY OR THE PROVISION OR NON-PROVISION OF THE SERVICES, SHALL NOT BE GREATER THAN THE ACTUAL REFERRAL FEES PAID TO CLIENT WITH RESPECT TO WHICH SUCH CLAIM IS MADE. UNDER NO CIRCUMSTANCES WILL ACS BE LIABLE TO REFERRER FOR ANY CONSEQUENTIAL, SPECIAL, EXEMPLARY, INDIRECT, INCIDENTAL, OR PUNITIVE DAMAGES OF ANY KIND.
TERM AND TERMINATION
This Agreement will be valid for as long as the Agreement is in effect. ACS may terminate this Agreement, with or without cause, at any time by providing five (5) days notice to the public via notification on our web site. Neither the termination nor expiration of this Agreement shall release either party from the obligation to pay any monies that may be owing to the other party or operate to discharge any liability that had been incurred by either party prior to any such termination or expiration.