Referral Program Terms and Conditions

1. Terms and Conditions

The OnlineMARK Referral Program (“Program”) offered by Online mark SRL (“OnlineMARK”) has been created to reward you (“you,” “Partner,” “Referrer,”) for doing what you would already do – recommending us to other companies who sign on to be OnlineMARK customers (“Referred”). It was also created to reward these new customers for listening to your great advice in referring us, by offering them a reward for signing up at your referral! These Program Terms and Conditions are a binding agreement between you and OnlineMARK and will govern your participation in any and all Program offers. By participating in the Program, you agree to the Site Terms and Conditions and the Site Privacy Policy. You are not authorized to participate in the Program, if you do not agree to these Program Terms and Conditions in their entirety.

OnlineMARK reserves the right to modify these Program Terms and Conditions at any time, at its sole discretion, and without notice to you. OnlineMARK may also, in its sole discretion, change, cancel, suspend, or modify any aspect of the Program without notice. OnlineMARK also reserves the right to disqualify any customers or prospective customers at any time from participation in the Program.

2. How the Program Works

Services. OnlineMARK delivers marketing & development services and solutions for its customers. The prices for each service is either displayed on the service page on the OnlineMARK website or calculated according to the specific requirements of the customer. For prices that are not displayed on the site, you will receive a copy of the offer sent to the customer, to ensure transparency in the calculation of the recommendation commission. OnlineMARK reserves the right to change prices, and the fees applicable to this agreement can be found on this page:

Qualified Referrals. A Qualified Referral occurs when:

i. The Referrer shares an OnlineMARK Partner URL through e.g. email, Facebook, or any other communication means with a person, the Referred (if this option is available); or

ii. The Referrer completes the Recommendation form on the “Customer Referral” page in which he provides us the contact details of the referred client, and we will establish the comunication with the client.

iii. The Referred then signs up for an OnlineMARK account when they arrive at the OnlineMARK website by opening the OnlineMARK Partner URL shared by the Referrer in a web browser; or

iv. The Referred client accepts the OnlineMARK offer following the communication by email / telephone; and

v. When the recommended customer has paid for a single service, or for a monthly subscription for 2 months or an annual advance subscription, the Partner will receive a Recommendation Commision.

Eligibility. To be eligible for participation in the Program, both the Referrer and the Referred must be at least 18 years of age. The Referred customer must remain signed up for OnlineMARK’s services for at least two months (for monthly services, where applicable). OnlineMARK reserves the right to find ineligible any Participant in the Program at its sole discretion.

Conduct. Participants in the Program must comply with all up-to-date “SPAM” laws. Any distribution of your referral Partner URL that could constitute unsolicited commercial email or “spam” under any applicable law or regulation is expressly prohibited and will be grounds for immediate termination of your account and exclusion from OnlineMARK’s Referral Program. OnlineMARK reserves the right, at its sole discretion, to prohibit any Partner from participating in any aspect of the Program if OnlineMARK deems or suspects that such Partner has engaged in or has attempted to engage in any of the following: a) acting in violation of these Program Terms and Conditions; b) damaging, tampering with or corrupting the operation of the Program or Site; c) activity deemed in the sole discretion of OnlineMARK to be generally inconsistent with the intended operation of the Program. OnlineMARK shall be the sole determiner in cases of suspected abuse, fraud, or breach of these Program Terms and Conditions or intent of these Program Terms and Conditions.

3. Referral Comissions

Amount of Comissions. The Referrer will receive a commission of 10-30% of the value of the contract paid to OnlinMARK by the referred client, for the first service contract signed in the OnlineMARK database or for the first year of subscription (for monthly services). Example: if the price of a maintenance subscription is 59 € / month, and a referred client chooses to pay the monthly service, the referrer will receive 59 € * 0.2 = 11.8 € / month in recommendation commission starting with the 3rd month of contract and until month 12 inclusive of contract (total, 141.6 €). If the client chooses to pay in one installment the value of the contract for 1 year, with the related discounts (2 months free), then the partner will receive 59 € * 10 months * 0.3 = 177 € in Referral Comissions. If the recommended client renews the contract for a second year, the partner will not receive any more additional referral fees.

Payment Conditions. OnlineMARK will pay to the Referrer before or on the 10th of each month, the total amount of recommendation fees due, depending on the number of clients recommended and the value of the contracts signed in the previous month. Referral fees are paid through PayPal. At the request of the partner, the payment may be made in the form of a credit for the OnlineMARK services due by the Partner. In addition to the latter method of payment, the applicant must have a valid PayPal account to receive referral comissions, as OnlineMARK does not offer payment by check, credit card or cash.

4. Liability

Binding Effects. By participating in the Program, you agree to and are bound by the Program Terms and Conditions. If you do not wish to agree to and abide by the Program Terms and Conditions in their entirety, you are not authorized to participate in the Program.

Release. By participating in the Program, Participants release OnlineMARK, its company, affiliates, suppliers, advertising, and their respective directors, officers, employees, and agents from any and all liability for any loss, harm, damages, cost, or expense, including, without limitation, property damages, personal injury and/or death, arising out of or in any way connected to the Program and/or the use of any Program rewards.

Indemnification. Participants agree to indemnify, defend, and hold OnlineMARK and its representatives and agents harmless from and against any and all third party claims, demands, liabilities, costs, or expenses, including attorney’s fees and costs, arising from, or related to any breach by the participant of any of these Program Terms and Conditions or any violation by Participant of applicable law.

5. Disclaimer

Computer System. OnlineMARK disclaims any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with the Program, and reserves the right, in OnlineMARK’s sole discretion, to cancel, modify, or suspend the Program should a virus, bug, computer problem, unauthorized intervention, or other causes beyond OnlineMARK’s control, corrupt the administration, security, or proper play of the Program.

Reserved Right. OnlineMARK reserves the right to cancel or suspend the Program should it determine, in its sole discretion, that the administration, security, or fairness of the Program has been compromised in any way.

Disclaimer of Warranties: Participants and prospective participants expressly understand and agree that:

(a) your use of the program is at your sole risk, the program is provided on an “as is” and “as available” basis and the company expressly disclaims all warranties, conditions and terms (collectively, “promises”) of any kind, whether express or implied by statute, common law or custom, including, but not limited to, promises as to products or services offered through the use of the program, implied promises of merchantability, satisfactory quality, fitness for a particular purpose, and non-infringement;

(b) upvise makes and gives no promise that:

(i) the program will meet your requirements,
(ii) be uninterrupted, timely, secure, or error-free,
(iii) the results obtained from the use of the program will be accurate or reliable,
(iv) the quality of any products, services, information, or other material obtained by you through the program will meet your expectations, and
(v) any errors in the service will be corrected; and

(c) any material downloaded or otherwise obtained through the use of the program is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from the download or use of any such material.

6. Other Terms

General Terms. These Program Terms and Conditions constitute the entire agreement between Participants and OnlineMARK concerning Participants’ use of the Program. The failure of OnlineMARK to exercise or enforce any right or provision of these Program Terms and Conditions shall not constitute a waiver of such right or provision. The terms and conditions applicable to Participants’ use of OnlineMARK’s services can be found in General Terms and Conditions.

Term. The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party notice of termination. Notice by e-mail, to your address on our records, is considered sufficient notice to terminate this Agreement.