These terms and conditions (“Terms”) are between Welbi Technologies Inc. (“Welbi”) and each Referrer participating in the Program. The Terms apply to any existing Welbi customer eligible and wishing to participate in the Program (“Referrer”) and govern the Welbi Champion Club (“Program”) pursuant to which Referrers may earn rewards for referring prospective Welbi customers (each, a “Prospect”) to Welbi. These Terms shall become binding on Referrer on the date that Referrer begins to participate in the Program and shall be in effect for the duration of Referrer’s participation in the Program.
To participate in the Program, Referrers must be (a) at least 18 years old; (b) not an employee of Welbi; and (c) not prohibited from participating in the Program by any applicable law or contractual agreement with Welbi or a third party. The Program is not offered to Referrers in the Province of Quebec. Welbi reserves the right to restrict anyone from enrolling in the Program or from becoming a Customer, or to terminate anyone’s participation in the Program, at any time and in its sole discretion. Welbi may disqualify any Prospect, Demo Customer or New Customer (collectively, “Customers”) or Referrer for any reason and at its sole discretion, including but not limited to fraudulent activities, attempting to abuse the Program in any way, or breach of these Terms (as applicable).
Eligible Referrers may participate in the Program by referring Prospects to book a Welbi product or service demonstration (“Demo”) with Welbi. Referrers wishing to refer a Prospect are to complete the unique form located on the Welbi website. After receiving a Prospect’s referral form, Welbi will follow up with both Prospect and Referrer to begin the Prospect’s qualification process. Welbi reserves the right, at its sole discretion, to (a) determine whether a Prospect is eligible for a Demo or to enter into an agreement for Welbi products and services; and (b) book a Demo and/or enter into any agreements with Customers on terms and conditions acceptable to Welbi.
Referrer will receive a CAD $25 Amazon gift card for each Prospect for whom Welbi schedules a Demo and who attends the Demo with Welbi (“Demo Prospect”). In addition, Referrer will receive a CAD $500 Amazon gift card for each Demo Prospect: (a) who enters into an agreement for Welbi products or services on terms and conditions acceptable to Welbi within 90 days of attending their respective Demo; and (b) for whom Welbi receives first payment for Welbi products and services (“New Customer”). For clarity: (i) Referrer’s maximum Program reward entitlement for a given Prospect is CAD $525; and (ii) Prospects who have had previous business dealings or communication with Welbi within 12 months of the date they are referred by Referrer to Welbi via the Program shall not be considered a Demo Prospect or a New Customer.
Referrers eligible for rewards under the Program shall receive their applicable Amazon gift card code via email. For Demo Prospects, Amazon gift card codes will be sent to Referrer within 30 days after the date a Demo Prospect completes their Demo. For New Customers, Amazon gift card codes will be sent to Referrer within 30 days after Welbi receives New Customer’s first payment for the applicable Welbi products and services. The Amazon gift card value is non-transferable and cannot be redeemed for cash or any other form of credit.
Referrer acknowledges that it has no expectation of rewards by virtue of participation in the Program. Welbi shall not be liable for any compensation, reimbursement, or damages for loss of prospective rewards or for expenditures or commitments made or incurred by Referrer in connection with the Program.
The trademarks, logos, service marks and trade names under which Welbi markets its products and services (“Marks”) shall remain the exclusive property of Welbi and its licensors. During the course of Referrer’s participation in the Program, Welbi grants to Referrer a restricted, non-transferable, non-exclusive, non-sublicensable and revocable license to use the Marks solely to promote Welbi’s products and services to Customers in connection with the Program. On termination of these Terms, the license to Marks granted to Referrer hereunder shall terminate.
Referrer represents and warrants that: (a) it meets the eligibility criteria set out in Section 1; (b) it shall comply with all of its obligations under its existing agreements with Welbi while participating in the Program; (c) the Prospect information it provides Welbi is accurate and it has obtained all consents from Prospects required for Welbi to contact Prospects as contemplated by the Program; (d) it shall not make, and Welbi shall not be bound by, any offer, acceptance, representation, or warranty whatsoever to any Customers or a third party regarding Welbi or the Welbi products or services; (e) it has not paid, and is not aware of any payments, to any Customers or third parties with a view to secure Program rewards contemplated hereunder or affecting a Customer’s decision to use Welbi products or services; (f) it will use reasonable efforts to ensure that any Prospect referred to Welbi is genuinely interested in a business relationship with Welbi; and (g) it shall comply with all applicable laws while participating in the Program and with any documents and/or guidelines governing use of Marks as may be provided by Welbi from time to time.
Referrer shall indemnify, defend and hold Welbi harmless against any and all third party proceedings, causes of action, suits, damages, losses, liability, costs and expenses (including reasonable legal fees) whatsoever that may arise, either directly or indirectly, in connection with: (a) Referrer’s breach of the representations and warranties in Section 7; (b) any misuse, unauthorized use or violation of the Marks; and (c) Referrer’s gross negligence and wilful misconduct while participating in the Program. Welbi shall not be liable for any indirect, incidental, special, or consequential damages (including but not limited to lost profits) whether based in contract or in tort (including but not limited to negligence) or otherwise, arising out of or relating to these Terms or the Program.
Welbi reserve the right to discontinue the Program or to modify these Terms, at any time and in its sole discretion. For any material modifications to the Terms, Welbi will provide at least thirty (30) days’ prior notice through its website or via email before such changes take effect. All such changes will be effective thirty (30) days following the date of the notice. Acceptance of the revised Terms or Referrer’s decision to continue Program participation thereafter (as applicable) shall constitute acceptance of the revised Terms.
These Terms constitute the entire agreement of the parties as to the subject matter hereof and supersedes any and all prior understandings and agreements as to such subject matter. Referrer is not an agent or employee of Welbi nor is it authorized or permitted to make any representations or warranties on behalf of Welbi. Referrer and Welbi are independent contractors and any use of the term “Referrer” is used only to the spirit of cooperation between the parties and does not describe or create the legal status of partners or joint venturers. If any provision of these Terms is held invalid by any law, rule, order, or regulation, or by the final determination of a court of competent jurisdiction, such invalidity will not affect the enforceability of any other provisions not held to be invalid. These Terms shall be governed by the laws of the Province of Ontario, Canada, without giving effect to the principles of conflicts of law. Any disputes shall be resolved exclusively by the courts in Ottawa, Ontario. Sections 1, 4, 5, 7, 8, and 10 shall survive termination.
Last Updated: August 11, 2023