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Referral Program Terms and Conditions

Enso Connect Inc. (“Enso Connect”) offers brand advocates (“Advocates” or “the Advocate”) the opportunity to participate in its affiliate program (“the Program”). Enso Connect reserves the right to terminate the Program at any time for any reason. The Program is administered by Enso Connect.

Advocates are bound by these Terms and Conditions by participating in the Program. By participating in the Program, Advocates agree to use the Program in the manner specified in these Terms and Conditions. If Advocates do not agree to these Terms and Conditions in their entirety, they are not authorized to register as an Advocate or to participate in the Program in any other manner. Advocates may not participate in the Program where doing so would be prohibited by any applicable law or regulations.

Enso Connect reserves the right to modify or amend at any time these Terms and Conditions and/or the methods through which rewards are earned. Enso Connect reserves the right to disqualify any Advocates from participation in the Program at any time at our sole discretion, including without limitation if the Advocate does not comply with any of these Terms and Conditions or otherwise fails to comply with any applicable laws (including, without limitation, through any failure to include any disclosures as required by the FTC or otherwise required by Enso Connect).

Children.

No part of the program is directed to persons under the age of 13. IF THE ADVOCATE OR REFEREE IS UNDER 13 YEARS OF AGE, THEY MAY NOT USE, ACCESS OR PARTICIPATE IN THE PROGRAM AT ANY TIME OR IN ANY MANNER.

How the program works

A. Program Participation, Generally

  1. To participate in the Program, Advocates should visit https://ensoconnect.com/affiliate-program/ and follow the on-screen instructions to refer Referees to the program.
  2. Individuals who receive a referral via an Advocate are “Referees”. An “Eligible” Advocate who is fully compliant with these Terms and Conditions may receive “Reward(s)” for every “Qualified Referral” (all terms in quotes to be understood as defined below).

B. Eligible Advocate

  1. To be “Eligible,” an Advocate must be at least 18 years old.

C. Making a Referral

  1. An Advocate must register at https://ensoconnect.com/affiliate-program/ to make a referral. No previous purchase is required (purchasers and non-purchasers alike are eligible). Once an Advocate enters their email, they will be provided with a unique referral code (“Personal Code” or “Personal Affiliate Code”) that allows the Advocate to receive credit for Qualified Referrals (“Credit”). Personal Codes will be issued only to individuals.
  2. Advocates must respect the spirit of the Program by only referring real individuals who meet the requirements of these Terms and Conditions. Advocates cannot refer themselves. For example, an Advocate may not create multiple or fake accounts with Enso Connect or participate in the Program using multiple or fake email addresses or identities.

D. Personal Affiliate Codes

  1. Under no circumstances may an Advocate transfer or sell a Personal Affiliate Code to anyone. Notwithstanding the foregoing, Enso Connect reserves the right to revoke, ban, or amend any Personal Code, including Personal Affiliate Codes at any time and for any reason. Any or all Credits earned through a revoked, banned, or amended Personal Code/Personal Affiliate Code may be removed from the Advocate’s account by Enso Connect at Enso Connect’s sole discretion. 

E. Qualified Referrals

  1. A “Qualified Referral” means that all the following conditions are met:
  2. The Referee completed the purchase of at least one Enso Connect product above the price of $100 per month, in one order, excluding any taxes, using the Advocate’s Personal Code. If a Referee purchases from Enso Connect using any other code or method, the purchase will not count as a Qualified Referral and the Advocate will not earn Credit;
  3. The Referee was not previously registered with Enso Connect under any email address or alias;
  4. The Referee is at least 18 years old; and
  5. Only one Qualified Referral can be earned for each Referee.

F. Earning Rewards

  1. Advocates will earn a reward valued between fifty ($50) and five hundred dollars ($500) (each, a “Reward”) for each verified Qualified Referral, based on the number of contracted listings that the Referee signs up with. The following table outlines the reward amounts based on the number of contracted listings:
Number of contracted listing Total rewards
1-9 $50
10-29 $100
30-99 $200
100-249 $300
250-499 $400
500+ $500
  1. If the Advocate is a current Enso Connect customer, the reward can only be used as a credit towards their subscription plan in their current billing currency.
  2. If the Advocate is not an Enso Connect customer, rewards may be redeemed as a prepaid virtual Visa card in USD currency. Restrictions may apply.
  3. The Referee will receive a reward equivalent to the Advocate’s reward ‘Total rewards’ tier, credited to their Enso Connect subscription in the same billing currency of their plan.
  4. Rewards can be made after receiving a compliant invoice from the Referee. We also impose a delay of 3 months before rewards are sent to limit the chances of fraud.

G. Verified Qualified Referrals

  1. Rewards are subject to verification. Enso Connect may delay a Reward for the purposes of investigation. Enso Connect may also refuse to verify and process any transaction Enso Connect deems, in its sole discretion, to be fraudulent, suspicious, in violation of these Terms and Conditions, or believes will impose potential liability on Enso Connect, its subsidiaries, affiliates or any of their respective officers, directors, employees, representatives and agents. All of Enso Connect’s decisions are final and binding, including decisions as to whether a Qualified Referral, or Reward is verified.

H. Transfer and Value of Credit and Rewards

  1. Rewards may not be redeemed for cash. Rewards are not transferable and may not be auctioned, traded, bartered or sold. Upon termination of the referral program or any portion thereof for any reason, or upon cancellation of a Referrer’s Enso Connect account for any reason, any unredeemed Rewards that have not yet been delivered to Referrer are forfeited.

Privacy

Advocates may participate in the Program made available by Enso Connect in order to refer Referees to Enso Connect as potential Enso Connect customers. To do this, Advocates must necessarily submit personal information about themselves and their Referees, such as name and e-mail address information, so that Enso Connect can send communications to the Referees on the Advocates’ behalf. The personal information will be collected, processed and used in accordance with Enso Connect’s Privacy Statement, which can be found at https://ensoconnect.com/privacy-policy/. Advocates understand that, in addition to the initial communications to Referees, Enso Connect may also use the personal information to send to Referees additional follow-up communications on behalf of the Advocates in order to encourage or remind the Referees to complete a purchase. The personal information may also be used by Enso Connect to contact Advocates with regards to their participation in the Program and to send to Advocates additional communications from Enso Connect.

Content Ownership & Use

A. Enso Connect’s online platform and the Program contain content that includes: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other content (collectively, “Content”). As between Advocate and Enso Connect, all Content is the property of Enso Connect or its licensors and is protected under copyright, trademark, and other laws. The compilation (meaning the collection, arrangement, and assembly) of all Content on Enso Connect’s online platform or the Program is the exclusive property of Enso Connect and is protected by copyright, trademark, and other laws.

B. License to You

  1. Enso Connect authorizes Advocates, subject to these terms, to use Enso Connect’s Content solely for the Advocate’s personal, noncommercial use. This license is revocable at any time without notice and with or without cause. Unauthorized use of the Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. Advocates must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original Content on any copy Advocates make of it.

C. Trademarks

  1. The registered or unregistered logos, product and service names contained in Enso Connect’s online platform or the Program are or may be trademarks of Enso Connect or its licensors (the “Marks”). Without Enso Connect’s prior written permission, and except as solely enabled by any link as provided by Enso Connect, the Advocate agrees not to display or use in any manner the Marks.

Liability

A. By participating in the Program, Advocates agree to:

  1. Be bound by these Terms and Conditions, the decisions of Enso Connect and its designees, and the Privacy Policy of Enso Connect;
  2. Defend, indemnify, release and hold harmless Enso Connect, its parent companies, affiliates and subsidiaries, together with their respective employees, directors, officers, licensees, licensors, shareholders, attorneys and agents including, without limitation, their respective advertising and promotion entities and any person or entity associated with the production, operation or administration of the Program (collectively, the “Released Parties”), from any and all claims, actions, demands, damages, losses, liabilities, costs or expenses caused by, arising out of, in connection with, or related to Advocates’ participation in the Program (including, without limitation, any property loss, damage, personal injury or death caused to any person(s) and/or the awarding, receipt and/or use or misuse of the Program or any Reward); and

B. Enso Connect shall not be liable for:

  1. Late, lost, delayed, stolen, misdirected, incomplete, unreadable, inaccurate, unreliable, garbled or unintelligible entries, communications or affidavits, regardless of the method of transmission;
  2. Telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors;
  3. Data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials;
  4. Any printing, typographical, administrative or technological errors in any websites or materials associated with the referral program; or
  5. Claims, demands, and damages in disputes among Advocates or between Advocates and Referees; or
  6. Any other injuries, losses or damages of any kind resulting from acceptance, possession or use of a reward, or from participation in the Program, that were not reasonably foreseeable to Enso Connect at the relevant time.

C. Enso Connect 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 its sole discretion, to cancel, modify or suspend the Program should a virus, bug, computer problem, unauthorized intervention or other cause beyond Enso Connect’s control corrupt the administration, security or proper operation of the Program.

D. Enso Connect shall not be liable to any Advocate for failure to supply any Reward 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 quasigovernmental 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 slowdown, civil disturbance, insurrection, riot, or any other similar or dissimilar cause beyond any of the released parties’ control.

E. Enso Connect reserves the right to cancel or suspend the Program should Enso Connect determine, in its sole discretion, that the administration, security or fairness of the Program has been compromised in any way.

F. Disclaimer of Warranties

  1. ADVOCATES EXPRESSLY UNDERSTAND AND AGREE THAT: (A) THE ADVOCATE’S USE OF THE PROGRAM IS AT THE ADVOCATE’S SOLE RISK; THE PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ENSO CONNECT 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 OR SERVICES OFFERED THROUGH THE USE OF THE PROGRAM, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT; (B) ENSO CONNECT MAKES AND GIVES NO WARRANTY THAT (i) THE PROGRAM WILL MEET THE ADVOCATE’S REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (ii) THE RESULTS OBTAINED FROM THE USE OF THE PROGRAM WILL BE ACCURATE OR RELIABLE, (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY THE ADVOCATE THROUGH THE PROGRAM WILL MEET THE ADVOCATE’S EXPECTATIONS, AND (iv) 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 THE ADVOCATE’S OWN DISCRETION AND RISK, AND THE ADVOCATE WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE ADVOCATE’S COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.

G. Limitation of Liability and Indemnification

  1. ADVOCATES EXPRESSLY UNDERSTAND AND AGREE THAT ENSO CONNECT (INCLUDING ANY VENDORS AND SERVICE PROVIDERS ASSOCIATED WITH OR ASSISTING IN PROVIDING THE PROGRAM) SHALL NOT BE LIABLE TO THE ADVOCATE 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 ENSO CONNECT 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 AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE PROGRAM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF THE ADVOCATE’S 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 THE ADVOCATE.
  2. TO THE FULLEST EXTENT POSSIBLE BY LAW, ENSO CONNECT’S (INCLUDING ANY VENDORS AND SERVICE 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), SHALL NOT EXCEED $100 USD.
  3. ADVOCATES SHOULD USE THE PROGRAM AT THEIR OWN RISK.

Publicity

A. Participation in the Program or acceptance of a Reward constitutes permission to Enso Connect to use any Advocate’s first and last name, company name, Enso Connect profile information, statements, biographical information, city and state address, social media activity and/or public online content for any and all promotional or advertising purposes in connection with the program, on a worldwide basis and in all forms of media without review, permission or further compensation of any amount or kind whatsoever, where and to the greatest extent permitted by applicable law.

Conduct

A. If a solution cannot be found to restore the integrity of the Program after the occurrence of Prohibited Conduct (as defined below), Enso Connect reserves the right to cancel, change, or suspend the Program.

B. Prohibited Conduct, Generally

  1. Advocates agree not to use the Program to:
  2. Violate applicable law;
  3. Infringe the intellectual property rights of Enso Connect or any third parties;
  4. Stalk, harass, or harm another individual;
  5. Collect or store personal data about other Advocates;
  6. Impersonate any person or otherwise misrepresent Advocate’s identity;
  7. Interfere with, disrupt or violate the Terms and Conditions or servers or networks connected to the Program; or disobey any requirements, procedures, policies, or regulations of such networks;
  8. Interfere with another Advocate’s use of the Program;
  9. Attempt to gain unauthorized access to the Program, other accounts, computer systems, or networks connected to the Program;
  10. Transmit any file that contains viruses, worms, trojan horses, or any other contaminating or destructive features;
  11. Conduct any illegal activity or solicit the performance of any illegal activity or other activity that infringes the rights of others;
  12. Resell, barter, trade, auction or otherwise generate income by providing access to the Program to others.

C. Bulk Distribution (“Spam”)

  1. If an Advocate provides a Personal Code/Personal Affiliate Code to a Referee by email, the email must be created and distributed in a personal manner that is appropriate and customary for communications with Referees, colleagues and family members.
  2. Bulk email distribution, distribution to strangers, or any other promotion of a Personal Code/Personal Code in a manner that would constitute or appear to constitute unsolicited commercial email or “spam” in Enso Connect’s sole discretion is expressly prohibited and may be grounds for immediate termination of the Advocate’s account and deactivation of the Personal Code. Enso Connect has a no-tolerance spam policy.
  3. Enso Connect has no obligation to monitor the content provided by Advocates; however, Enso Connect may choose to do so and block any email messages, remove any such content, or prohibit any use of the Program.
  4. While Enso Connect is the actual sender of the referral email, each Advocate must nonetheless comply with applicable law. Advocates who do not comply with the law, including antispam laws, are obligated to indemnify Enso Connect and all of the Released Parties against any liabilities, costs and expenses incurred as a results of such violation.

D. Fraudulent and Suspicious Behavior

  1. Enso Connect may prohibit an Advocate from participating in the Program or receiving a Credit or Reward, in Enso Connect’s sole discretion, if Enso Connect determines that such Advocate is attempting to undermine the fairness, integrity or legitimate operation of the Program in any way by cheating, hacking, deception, or any other unfair playing practices of intending to annoy, abuse, threaten or harass any other Advocates or any representatives of Enso Connect.
  2. Use of any affiliate website, affiliate network properties, automated systems, script, or macro to participate is strictly prohibited and will result in disqualification.
  3. Advocates may not enter with multiple or fake emails addresses or accounts, use fictitious identities or use any system, bot or other device or artifice to participate in the Program or receive a Reward.
  4. Enso Connect reserves the right to disqualify any Advocate and/or cancel any Reward(s) if Enso Connect finds an Advocate to be tampering with the entry process or the operation of the Program or violating these Terms and Conditions in any way.
  5. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE PROGRAM. SHOULD SUCH AN ATTEMPT BE MADE, ENSO CONNECT RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

Suggestions and Submissions

A. Enso Connect appreciates hearing from users and welcomes Advocates’ comments regarding the Program. Please be advised, however, that Enso Connect does not accept or consider creative ideas, suggestions, inventions, or materials (“Creative Ideas”) other than those which Enso Connect have specifically requested. While Enso Connect values Advocates’ feedback on the program, please make comments and do not submit Creative Ideas. If, despite this request, The Advocate sends Enso Connect Creative Ideas, Enso Connect:

  1. Shall own, exclusively, all now known or later discovered rights to the Creative Ideas;
  2. Shall not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any Creative Ideas; and
  3. Shall be entitled to unrestricted use of the Creative Ideas for any purpose whatsoever, commercial or otherwise, without compensation to The Advocateor any other person.

Applicable Law; Arbitration; Class Waiver; and Waiver of Jury Trial.

A. Any and all disputes, claims and causes of action arising out of or related to the Program or any Reward or other prize awarded pursuant to the Program or to this agreement shall be resolved under Ontario law (without reference to its conflicts of laws principles).

B. Advocates and Enso Connect agree to submit to the personal and exclusive arbitration of any disputes relating to the use of Enso Connect’s online platform or the Program under the laws of Ontario and the laws of Canada. Any such arbitration, to the extent necessary, shall be conducted within the province of Ontario. Advocates covenant not to sue or otherwise bring a claim against Enso Connect in any other forum.

C. Advocates also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to Advocates’ use of the Program or this agreement:

  1. ADVOCATES ARE GIVING UP THEIR RIGHT TO HAVE A TRIAL BY JURY; and
  2. ADVOCATES ARE GIVING UP THEIR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.

General Terms

A. These terms constitute the entire agreement between Advocates and Enso Connect concerning Advocates’ use of the Program. The failure of Enso Connect 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, Enso Connect and Advocates nevertheless agree that the court should endeavor to give effect to the intentions reflected in the provision, and that the other provisions of these terms shall 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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