Last updated: March 27, 2023
Dixa Referral Program
Terms and Conditions
This Dixa Refer a Friend program (“Program”) is entered into by Dixa ApS (“Dixa” or “Company”) and the referring party entering into this Agreement (“Referrer” or “You”). This Agreement governs Referrer’s participation in the Program described herein. You represent and warrant that: (i) you have full legal authority to enter into this Agreement; (ii) you have read and understand the Agreement, and (iii) you agree to the terms of this Agreement. By participating in the Program, you agree to receive communications from Dixa with regards to your participation.
“Completed Submitted Application” is a person that receives a demo of Dixa’s platform.
“Eligible Referral” means an eligible net new customer lead for the direct online purchase of the Services directly from Dixa, excluding Ineligible Referrals.
“Dixa Services” or “Services” means the Dixa Services generally sold by Dixa and further described here: www.dixa.com as such URL, and Services description (including branding of such services), may be updated by Dixa from time to time.
“Incentive” means the redeemable $100 Amazon eGift Voucher or other incentives given by Company to the Referrer for promoting and marketing the Services under this Agreement.
“Ineligible Referrals” means government officials, government owned or controlled entities and any of their employees, political parties and candidates, Services customers of resellers, any other individuals or entities already in a live opportunity with Dixa or in Dixa’s systems, any sanctioned individuals or entities (whether directly or indirectly), Dixa (incl. Dixa subsidiaries’) representatives, agents or employees,representatives, agents, or employees of the Referred Friend’s company, and a Referred Friend whose company does not operate in one of the relevant industries or a Referred Friend who does not occupy a relevant position (as defined in the “Referred Friend” definition below).
“Referrer” means a member of the Program with a primary place of business or residence in the Territory that is an individual with a valid tax ID number but may not include (i) government officials, government owned or controlled entities and any of their employees, (ii) political parties and candidates, (iii) representatives, agents, or employees of Dixa (iv) representatives, agents, or employees of the Referred Friend’s company or (v) themselves.
“Referred Friend” is a new customer lead for Services submitted by Referrer, via the “Refer a Friend” form to Dixa. The Referrer Friend’s company must operate in one of the following industries: B2B Software & IT Services, Banking & Insurance, Consumer Software & Services, Corporate Services, Ecommerce & Retail, Education, Energy & Utilities, FinTech & InsurTech, Gaming & Gambling, Health & Wellness, Manufacturing & Production, Media & Entertainment, Real Estate, Telecommunications, Transport & Mobility or Travel & Hospitality. The Referred Friend must be a physical person in the customer service or operations department or relevant C-level position within the Referred Friend’s company.
“Territory” is limited to the following countries: the United States (except where the Referrer is resident of a state where the Program is prohibited by applicable law or regulation), Canada, United Kingdom, Ireland, The Netherlands, Belgium, France, Spain, Italy, Denmark, Sweden, Norway, Finland, Austria, Germany, Poland, Portugal, Switzerland, Italy.
2. Program overview
In compliance with this Agreement, Referrer will promote the Services only to Eligible Referrals whose principal place of business is located in the Territory. Referrer will not market the Services to any Ineligible customers. To participate, the Referrer must visit the Refer a Friend web page and follow the on-screen instructions to refer individuals to Dixa by entering required details in the “Refer a Friend” form.The Referrer can refer multiple friends, as long as the Referred Friends meet the requirements of these Terms & Conditions. The Referrer assumes sole responsibility for having the Referred Friend’s approval to receive solicitation from Dixa.
3. Referral process
Once the Referrer has submitted the form, that Referrer shall receive the Incentive once the qualifications and demonstration are completed.
Referrers must respect the spirit and rules of the Program by only referring real individuals who meet the requirements of these Terms & Conditions. For example, a Referrer may not create multiple or fake accounts with Dixa or participate in the Program using multiple or fake email addresses or identities. Referrers may not participate in the Program where doing so would be prohibited by any applicable law. Referrers may not use spam to obtain referrals, illegal unsolicited outreach, or through message board postings, where the postings are unrelated to the topic of discussion or otherwise violate the terms of the site.
The Company reserves the right to disqualify any Referrer and/or cancel any Incentive if they find a Referrer to be tampering with the entry process or the operation of the Program or violating these Terms and Conditions.
4. Completed Referral
A referral shall be deemed a Completed Referral once the Referred Friend completed the Dixa online application process (“Completed Submitted Application”) using Dixa’s web form. If a Referred Friend completes the application process with Dixa using any other link or method other than what is defined above, the registration will not count as a Completed Referral and the Referrer will not earn the Incentive and only one Completed Referral qualifies for the Incentive for each Referred Friend. The Referred Friend must comply with the requirements laid out in these Terms & Conditions.
5. Incentive for Completed Referrals
The Referrer shall be awarded a $100 Amazon eGift voucher for Completed Referrals only, in accordance with the conditions set out in Section 4 above. Amazon eGift vouchers are not transferable and may not be auctioned, traded, bartered or sold. Upon termination of the Program or any portion thereof for any reason, any unredeemed Amazon gift voucher accumulated by the Referrer may be forfeited.
Referrer is solely responsible for ensuring its account information is accurate and current. Dixa will not be responsible for any Incentive not processed due to Referrer’s failing to provide accurate and complete account information for processing, or any other relevant or required information.
Dixa reserves the right, in its sole discretion, to change the Terms and Conditions of the Incentive process.
6. Verified Completed Referrals
Referrals are subject to verification. The Company may delay the Incentive for the purposes of investigation. It may also refuse to verify and process any transaction Company deems, in its sole discretion, to be fraudulent, suspicious, in violation of these Terms & Conditions, or likely to impose potential liability on Company, its subsidiaries, affiliates, or any of their respective officers, directors, employees, representatives, and agents.
All of the Company’s decisions are final and binding, including decisions as to whether a Completed Referral or Amazon eGift voucher is verified.
In addition to the other legal requirements in this Agreement, Referrer expressly agrees to comply with the following:
Anti-Bribery Laws and Reporting: Referrer will comply with all applicable commercial and public anti-bribery laws (“Anti-Bribery Laws”), including the U.S. Foreign Corrupt Practices Act of 1977 and the UK Bribery Act of 2010, or any equivalent law which the Referrer is subject to, which prohibit corrupt offers of anything of value, either directly or indirectly to anyone, including government officials, to obtain or keep business or to secure any other improper commercial advantage.
Export Control Laws: Referrer will comply with all applicable export and re-export control laws and regulations, including (i) the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, (ii) trade and economic sanctions maintained by the U.S. Treasury Department’s Office of Foreign Assets Control, and (iii) the International Traffic in Arms Regulations (“ITAR”) maintained by the U.S. Department of State.
Acceptable Use Policy: Referrer will not send, post, transmit or otherwise use any Dixa provided content, including the Dixa name or the Services, in connection with any materials, sites or otherwise that: (i) will generate or facilitate unsolicited bulk commercial emails; (ii) will violate, or otherwise encourage the violation of, the legal rights of others; (iii) is for an unlawful, invasive, infringing, defamatory, or fraudulent purpose; (iv) contains obscene or pornographic content.
In addition, personal information may be used by Company to contact Users with regards to their participation in the Program and to receive communications from Company. Where a User provides personal information about its friends, or family members to receive communications via the Program, the provided personal information will be used by the Company for sending these communications on behalf of the User and User understands that Company may send out additional follow-up communications on behalf of the User to encourage or remind the friends, or family members to complete the purchase or registration process.
Referrer may not disclose the terms, conditions or existence of any non-public aspect of the Program to any third party, except to its professional advisors under a strict duty of confidentiality or as necessary to comply with applicable law.
10. Intellectual Property Rights
Each party will own all rights, title and interest to trade names, trademarks, service marks, logos and domain names it secures from time to time (“Intellectual Property Rights”). Subject to the Terms and Conditions of the Agreement (including without limitation the following sentence), Dixa grants to Referrer a nonexclusive and non-sublicensable license during the Term to display Dixa’s Intellectual Property Rights only to the extent Intellectual Property Rights are provided by Dixa for use with the Program and solely for the limited purpose of promoting the Services consistent with this Agreement. Additionally, all use of Dixa’s Intellectual Property Rights is at Dixa’s sole discretion. Referrer grants to Dixa a nonexclusive and non-sublicensable license during the Term to display Referrer’s Intellectual Property Rights solely for the purpose of marketing the Program or as otherwise mutually agreed upon (email permitted).
11. Term and Termination
The Term will continue until terminated by either Party as provided herein. Either Party may terminate this Agreement immediately with or without cause upon written notice to the other Party (email notice permitted). Upon any termination or expiration of this Agreement, all licenses and rights granted will terminate and each Party will have no right to use the Intellectual Property Rights of the other Party. In the event of a termination, Referrer will only have Dixa process an Incentive that was earned in full for a Completed Referral that occurred prior to the effective termination date. Termination notices to Dixa must be sent via email to email@example.com.
Dixa reserves the right at any time and in its sole discretion: (i) to modify, amend or update the terms of, including but not limited to, the Program, the methods through which Completed Submitted Applications are credited, this Agreement, Incentives and will make such modified or updated terms available in writing, or (ii) revoke a Referrer’s account, and/or terminate Referrer’s participation in the Program in its entirety. Dixa reserves the right to disqualify you at any time from participation in the Program if you do not comply with any of these Terms and Conditions.
12. Limitations of Liability and Indemnification
You expressly understand and agree that the Company, including any vendors and providers associated with or assisting in providing the Program, shall not be liable to you for any direct, indirect, incidental, special, consequential, or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if the company was advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Program; (ii) the cost of procurement of substitute goods resulting from any goods, data or information obtained or messages received or transactions entered into through, from, or as a result of the Program; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on or through the Program; or (v) any other matter relating to the Program. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations in this paragraph may not apply to you.
To the fullest extent possible by law, the Company’s (including any vendors and providers) maximum liability arising out of or in connection with the Program, regardless of the cause of action (whether in contract, tort, breach of warranty, or otherwise), will not exceed $1 (one dollar).
You will defend, indemnify and hold harmless Dixa, its affiliates, subsidiaries, directors, officers, employees, licensees, licensors, shareholders, attorneys, and agents against all liabilities, damages, losses, costs, fees (including legal fees), and expenses relating to any allegation or third-party legal proceeding to the extent arising out of: (a) your participation in the Program; (b) your website(s), your Intellectual Property Rights
and Dixa’s use of any of your content (provided that such use complies with the requirements of the Agreement); and (c) your breach of any representation or warranty in this Agreement.
13. Force Majeure
The Company shall not be liable for failure to provide the Incentive or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, tornado, tsunami, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other similar or dissimilar cause beyond any of the Parties’ control.
14. Disclaimer of Warranties
USERS 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, WARRANTIES AS TO PRODUCTS OF DIXA OFFERED THROUGH THE USE OF THE PROGRAM, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE COMPANY MAKES AND GIVES NO WARRANTY THAT (i) THE PROGRAM WILL MEET YOUR REQUIREMENTS, (ii) THE PROGRAM WILL 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, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE PROGRAM WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE PROGRAM 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.
15. Representations and Warranties
Referrer warrants that a) Referrer will use all information provided by Dixa (including without limitation the Dixa Intellectual Property Rights) in a manner that complies with applicable law; b) Referrer will clearly and conspicuously display the text of the applicable Terms and Conditions for Incentives provided to customers in accordance with this Agreement; and (c) Referrer will conduct all activities in furtherance of this Agreement in accordance with applicable law.
16. Governing Law
All claims arising out or relating to this agreement or any related Dixa products or Services (including any dispute regarding the interpretation or performance of the Agreement) will be governed exclusively by the laws of Denmark exclusive of its choice of law provisions. Any suit hereunder will be brought in the district court of Copenhagen, and the Parties submit to the personal jurisdiction thereof.
17. General Terms
These terms constitute the entire Agreement between Users and the Company concerning Users’ use of the Program. The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the Parties nevertheless agree that the court should endeavor to give effect to the Parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. The section titles in these Terms are for convenience only and have no legal or contractual effect. 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.
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