Affiliates & Customer Referral Promotion Rules, version 2. Effective from Sunday, November 1, 2020

Affiliates & Customer Referral Promotion Rules

This Customer Referral Promotion (the "Promotion") is sponsored and administered by Telzio, Inc. ("Telzio"), located in Los Angeles, CA. The Promotion is governed by these official rules ("Official Rules"). By participating in the Promotion, each Referrer ("Referrer") accepts and agrees to comply with these Official Rules, including without limitation all eligibility requirements, and understands that the results of the Promotion, as determined by Telzio or its agents, is final in all respects. No purchase is necessary for entry into the Promotion, and a purchase will not increase your chance of receiving a Reward (“Reward”). VOID WHERE PROHIBITED.

  1. Eligibility

    To enter the Promotion you must be a lawful citizen or permanent resident of the United States, 21 years of age or older, and physically located within the United States when you enter the Promotion. The Promotion is void outside of the United States, and any website pages and advertisements relating to the Promotion are intended for viewing only within the United States. In addition, the following persons and entities are ineligible to participate in this Promotion:

    1. Employees, officers, directors, resellers, agents, and representatives of Telzio and other participating partners, including their affiliated companies, parents, subsidiaries and advertising and promotion agencies, (collectively, "Telzio Entities");

    2. The immediate family members and members of the same household as any Telzio Entity; and

    3. Any organization that has entered into an agreement with Telzio for the promotion of Telzio’s products and services to members, franchisees, or other participants in their organization.

  2. How to Refer

    1. Referral Links: Share your personalized Referral Link (“Link”) to a valid new business referral ("Referral") that Telzio may contact to offer Telzio services.

    2. There are no restrictions on how many times you may share your Link. Existing Telzio customers and any Referral previously received from another Referrer shall not be considered a valid Referral. Submissions generated by a script, macro or other automated means will be disqualified. No mechanically reproduced entries accepted. In the event of a dispute regarding who submitted a particular Referral, the Referral will be deemed submitted by the authorized and registered Telzio User associated with the Referral Link.

    3. Telzio is not responsible for (i) lost, late, delayed, damaged, unintelligible, illegible, misdirected, incomplete or garbled Links; (ii) your inability to share your Link through the Internet; (iii) Links not delivered correctly; (iv) any issues associated with hardware, software, telephone, Internet, virus contamination, network, human error, electronic malfunctions, or any other technical problems; or (v) delay, failure or malfunction for any reason. Expired or corrupted Links are void and will not be accepted. Proof of sharing a Link is not automatically proof of receipt.

    4. All Referrals will become the sole and exclusive property of Telzio.

    5. By providing any Referrals’ contact information to Telzio, you (i) represent and warrant that you have received express written consent from the Referral to disclose the Referral’s name and business contact information to Telzio; (ii) represent and warrant that the Referral is a business or representative of a business; (iii) represent and warrant that the contact from the Referral whose contact information you have disclosed to Telzio is over the age of 18; (iv) authorize Telzio to use, analyze, modify, and publish your name and any other information provided by you in Telzio’s sole discretion, including without limitation publication in its marketing and promotional materials or website; and (v) authorize Telzio to contact the Referral regarding Telzio offerings, products and services (collectively, "Referral Warranties"). You hereby agree to indemnify and hold harmless Telzio and all Telzio Entities from any and all losses, liabilities, claims, damages, and expenses (including, without limitation, collection fees, court costs and reasonable attorneys' fees) in the event that you breach any of the Referral Warranties.

    6. You acknowledge and agree that we may inform any Referral that we received their contact information from you.

    7. An Referral not may enter, and is ineligible to receive any Prize for a Referral for any of the following persons (collectively, "Invalid Referrals"):

      • Any person who holds the majority of the voting stock or other equity interests of the Referral;

      • The Referral’s affiliates and subsidiaries; and

      • The Referral’s, its subsidiaries', and its affiliates' employees, officers, directors, agents, contractors, or consultants, or the immediate families and members of the households of any of the foregoing.

  3. Rewards

    1. Referrer shall receive one (1) payout via check for each Referral where the Referral (i) signs up for a Telzio account through a web link sent to the Referral via your personalized Referral Link and (ii) remains in good standing for three (3) consecutive months from the date the Referral became a Telzio customer (the "Initial Period"). Rewards shall be awarded depending on the charges incurred by the Referral on Telzio plans and overages only. Taxes and other fees that do not count towards Rewards include but are not limited to:

      1. 411 Directory Fees

      2. E911 Fees

      3. CNAM Fees

      4. Setup Fees

      5. Porting Fees

      6. Hardware and configuration purchases from the Telzio Shop

    2. For the avoidance of doubt, the Referrer shall not be entitled to a Reward if the Referral does not sign up for a Telzio account through the Referrer’s Link or provides a different email address to a live sales agent from the one indicated in the Referral.

    3. Referrer shall not receive a Reward for any other Referrals, including but not limited to (i) Referrals who terminate their subscription before the end of the Initial Period; or (ii) any Invalid Referral.

    4. Referrers will receive their Rewards by check within sixty (60) days of qualifying for the Reward.

    5. Checks shall have an expiration date to be determined by Telzio in its reasonable discretion.

    6. No alternative gifts, cash equivalent, or other substitutions are permitted except as determined by Telzio in its sole discretion.

    7. To issue a Reward, Telzio may be required to provide certain information about the Referrer to third-parties, including but not limited to the Referrer’s name and address. Referrer hereby authorized Telzio to provide any personal information about Referrer to third-parties to the extent necessary to issue a Reward to the Referrer. Such information shall not be sold or disclosed by such third parties except as necessary to issue and enable the Referrer’s Reward.

  4. Conduct

    By entering this Promotion, you agree to be bound by these Official Rules. Telzio reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the referral process or other factors which may cause unfair advantage in the Promotion or the operation of the Telzio website; to be acting in violation of the Official Rules, Telzio’s Privacy Policy, Telzio’s Website Terms of Use or other service agreement(s); or to be acting in a disruptive manner or with intent to annoy, abuse, threaten or harass any other person.

    ANY ATTEMPT BY A REFERRER OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, TELZIO RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH REFERRER TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION ALL ATTORNEY'S FEES.

    CAN-SPAM Act Compliance. Telzio complies with the federal CAN-SPAM Act and honors requests of consumers and customers who choose to opt out of receiving Telzio marketing emails. Accordingly, if you provide a referral email address that has previously opted out of receiving Telzio marketing emails, you will be advised that the email address is not eligible to be sent a Telzio Refer-a-Friend email.

    FTC 16 CFR Part 255 Compliance. Telzio complies with the Federal Trade Commission's 16 CFR Part 255 "Guides Concerning the Use of Endorsements and Testimonials in Advertising". Accordingly, if you make any post on any social network (such as Facebook, Twitter, Instagram, Pinterest, or LinkedIn) as a part of this Program, you must include, and not delete, any disclosure that the Program website automatically creates for the post you are making. In the event that no such disclosure is automatically generated for your social network, you must, at a minimum include either "This is a paid endorsement" or "#paidad" in any social network posts you make as a part of this program. You are responsible for ensuring that your posts on any social network comply with the terms of use of the site, and any other applicable laws, statutes, and regulations

  5. Taxes

    ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF ANY REWARDS ARE SOLELY THE RESPONSIBILITY OF THE REWARD RECIPIENT. In order to claim Rewards, Referrers may be required to complete an affidavit or declaration of eligibility, liability and publicity release and W-9 tax form. Such forms must be signed and returned to Telzio within seven (7) days of date printed on the notification provided by Telzio or your Reward may be voided at Telzio’s sole discretion. The value of the Reward will be treated as ordinary income to the Reward recipient for income tax purposes, and an IRS Form 1099 for the relevant year will be sent to the Reward recipients if legally required. Incidental expenses and all other costs and expenses which are not specifically listed as part of a Reward in these Official Rules and which may be associated with the award or the acceptance, receipt and use of all or any portion of the awarded Reward are solely the responsibility of the respective Reward recipient.

  6. Privacy Policy

    Personal information submitted for this Promotion will be subject to Telzio’s Privacy Policy, as amended from time to time, posted at https://telzio.com/legal/pricacy

  7. Publicity

    By participating, each Referrer grants Telzio permission to use his/her name, company, voice, hometown, likeness, or comments for publicity purposes in regard to the Promotion without payment of additional consideration, except where prohibited by law.

  8. ASSUMPTION OF RISK, INDEMNIFICATION, LIMITATION OF LIABILITY

    BY INTENDING TO ENTER AND/OR ENTERING THE PROMOTION, EACH REFERRER (ON BEHALF OF REFERRER AND REFERRER’S FAMILY MEMBERS, HEIRS, ADMINISTRATORS, AFFILIATES AND SUCCESSORS) ASSUMES ALL RISK ASSOCIATED WITH THE PROMOTION AND/OR REWARDS AND HEREBY AGREES TO INDEMNIFY, RELEASE AND HOLD HARMLESS TELZIO, TELZIO ENTITIES AND THEIR RESPECTIVE PARTNERS, AFFILIATES AND SUBSIDIARY COMPANIES, ADMINISTRATOR, ADVERTISING AND PROMOTIONAL AGENCIES, AND ALL THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS FROM ANY LIABILITY, DAMAGES, CAUSES OF ACTION, THREATS, LOSSES, DEATH, INJURY, ACTUAL, INCIDENTAL OR CONSEQUENTIAL CLAIMS AND DEMANDS WHATSOEVER IN LAW OR EQUITY, INCLUDING WITHOUT LIMITATION ALL COSTS AND ATTORNEYS' FEES, RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM REFERRER’S PARTICIPATION IN THE PROMOTION, TAXES OWED AND DUE BY THE PARTICIPANT IN CONNECTION WITH THE PROMOTION, BREACH OF THE REFERRAL WARRANTIES, AND THE ACCEPTANCE, USE OR MISUSE OF ANY REWARD THAT MAY BE WON. TELZIO AND ITS SUBSIDIARIES, AFFILIATES, SUBSIDIARIES, ADVERTISING AND PROMOTIONAL AGENCIES, AND ALL THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS DISCLAIM ANY LIABILITY FOR DAMAGE TO ANY COMPUTER SYSTEM RESULTING FROM ACCESS TO OR THE DOWNLOAD OF INFORMATION OR MATERIALS CONNECTED WITH THE PROMOTION.

    IN NO EVENT SHALL TELZIO OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHETHER ARISING UNDER CONTRACT, WARRANTY, OR TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR ANY OTHER THEORY OF LIABILITY. TELZIO’S TOTAL LIABILITY FOR ANY AND ALL DAMAGES, REGARDLESS OF THE FORM OF THE ACTION, SHALL BE LIMITED AND CAPPED IN ITS ENTIRETY AT US$50. THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY IN ANY AND ALL CIRCUMSTANCES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO CERTAIN OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

  9. General

    Any and all decisions related to the Promotion, these Official Rules, Promotion administration, verification and the like will be supervised by Telzio, whose decisions are absolute, final and binding on all Referrers. Telzio reserves the right in its sole and absolute discretion to terminate, cancel, or modify the Promotion at any time by amending these Official Rules and publishing them on its website. Telzio and the Telzio Entities shall not be responsible for technical, pictorial, typographical or editorial errors or omissions in any marketing materials or these Official Rules. All information provided by Referrer for the Promotion is provided solely to Telzio for Telzio’s benefit and is not provided to any other entity.

  10. Governing Law and Venue

    This Promotion and Official Rules shall be governed by the laws of California without giving effect to its rules on conflicts of laws. Venue for all disputes and actions arising under or relating to this Promotion (an "Action") shall be exclusively in the state and federal courts of Los Angeles, California. All Referrers agree to bring all Actions only in such courts and not to contend that venue in such courts is improper or inconvenient.

  11. Severability

    If any provision of this Promotion or Official Rules is deemed to violate any law, rule or regulation, it shall be amended to conform to such law, rule or regulation and all other provisions shall remain in full force and effect.

  12. Intellectual Property

    This document contains the trademarks and service marks of Telzio and third parties. Such trademarks and service marks are the sole and exclusive property of their respective owners. The use of certain products and services as prizes or Rewards does not imply participation in, or approval of, this Promotion by their respective companies. This Promotion is sponsored and administered exclusively by Telzio and is in no way sponsored, endorsed, administered by or associated with any other company.