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HubSpot Referral Program Terms and Conditions

Last Modified: February 20th, 2020

The HubSpot Referral Program (“Program”) is offered by HubSpot to reward you, our customers (“Referrers”), for recommending HubSpot to your colleagues, friends, business partners, and customers who sign up to be HubSpot customers (“Referred”), and to reward them for becoming our customers. These HubSpot Referral Program Terms and Conditions apply to all Participants and contain important information about the Program, so please read them carefully. They are a binding agreement between you and HubSpot and will govern your participation in any and all Program offers. These terms are so important that we cannot permit you to participate in the Program unless you agree to them. By participating in the Program you are agreeing to these terms.  

HubSpot reserves the right to modify these terms and conditions at any time, at its sole discretion, and without notice to you. Participation in the Program is considered acceptance of these terms and conditions and any modifications which might be made. HubSpot may also, in its sole discretion, change, cancel, suspend, or modify any aspect of the Program without notice. HubSpot also reserves the right to disqualify anyone at any time from participation in the Program.

1. Definitions

“Agreement” or “Program Terms and Conditions” means these HubSpot Referral Program Terms and Conditions and all materials referred or linked to in here.

"HubSpot", "we", "us" or “our” means HubSpot, Inc. and our affiliates.

“Participant”, “you” or “your” means you, the individual or entity participating in the Program as either a Referrer or Referred.

“Program Period” means the applicable period of time stated on the Program Site.

“Program Site” means the Program webpage located at  https://offers.hubspot.com/referral-program.

“Qualifying Purchase” means HubSpot’s acceptance of an actual purchase of HubSpot product(s) in at least the amount(s) and duration(s) specified on the Program Site by a Qualifying Referral pursuant to our Terms of Service, including, but not limited to, verification of certain bank account and identification information.

"Qualifying Referral" means an entity or individual that (a) does not currently have a HubSpot account; (b) has not initiated a Qualifying Purchase prior to clicking on your Referral Link; and (c) uses your Referral Link to complete a Qualifying Purchase.

“Referral Award” means the applicable award(s) described on the Program Site, subject to availability.

“Referral Link” means a hyperlink, text link, badge, button, or other code provided by HubSpot via email, text message, social media platform, or other format that contains a unique referral ID.

“Terms of Service” means the HubSpot Customer Terms of Service located at https://legal.hubspot.com/terms-of-service.

2. Eligibility

In order to participate in the Program, you must (a) be a legal resident of Australia or New Zealand, (b) be eighteen (18) years of age or older, and (c) if you are a Referrer, you must have and maintain a HubSpot account in good standing. HubSpot employees and partners are not eligible to participate in the Program. You are responsible for determining that participation in the Program and receipt of the Referral Award is in compliance with all policies and requirements of your company. Your participation in the Program will be considered confirmation of your full compliance with any such policies and requirements.

3. Earning Awards

a. Referring Customers.  When you enroll into the Program and accept these Program Terms and Conditions you’ll receive your unique Referral Link. You can share your link with your contacts. Subject to these terms and conditions, within 30 days after one of your Qualifying Referrals makes a Qualifying Purchase using your Referral Link, we will send you an email about the Qualifying Purchase and information on how to redeem your Referral Award. In order to receive a Referral Award, your Qualifying Referral must be accepted by HubSpot and complete a Qualifying Purchase within the applicable Program Period. Referrers can receive up to ten(10) Referral Awards via the Program. Referrers and Referred customers cannot be the same person.

b. Referred Customers.  Each Referred candidate that is accepted by HubSpot as a Qualifying Referral and completes a Qualifying Purchase within the applicable Program Period will be eligible to receive one (1) Referral Award. We will send you an email with information on how to redeem your Referral Award within 30 days after you complete your Qualifying Purchase.

c. General.  Only one Referrer and one Referred can earn a Referral Award for a single referral. In the event that multiple customers claim credit for a particular referral, HubSpot has full discretion to determine which customer(s) earned such referral according to HubSpot’s systems. HubSpot will determine, in our sole discretion, whether a Qualifying Referral completes a Qualifying Purchase in accordance with these Program Terms and Conditions, and whether anyone is eligible to receive a Referral Award. HubSpot reserves the right to reject referrals including but not limited to referrals for companies that are duplicative, or are for existing customers, prospects or partners of HubSpot. You may not refer your company or current employer or any company that has been engaged with HubSpot in any previous, ongoing or prospective business relationship. HubSpot owns all rights in and to any Referral Links provided to you. You acknowledge and agree that: (a) HubSpot may limit the number of Referral Links made available to you, (b) you have no ownership rights in any form over the Referral Links, (c) HubSpot may reclaim, deactivate, invalidate, or terminate your Referral Links at any time at its discretion without notice to you, and (d) Referral Links have no monetary or other value.

4. Redeeming Awards  

You are solely responsible for redeeming your Referral Award with HubSpot’s award vendor(s), and waive any claims against HubSpot that the Referral Award has not been received or was not able to be delivered. If HubSpot or its award vendor(s) is unable to ship and deliver the Referral Award to you for whatever reason, including but not limited to regulatory reasons, then HubSpot may at its sole discretion provide different Referral Award of equivalent value, with or without prior notice to you. Please note, HubSpot is not responsible for any service or product defects or product warranty relating to the Referral Award items, which shall be governed solely by the terms offered by the manufacturer or direct provider of such item. HubSpot also is not responsible for any taxes, customs, or duties relating to the issuing of any Referral Award, or for payment of any amounts required in order to allow the delivery and shipment to you. Any such payment is your sole responsibility. If and to the extent HubSpot is required by an authorized tax authority to withhold any taxes on the Referral Award, HubSpot shall provide all required reporting and withhold any such amounts as required by law.

5. Restrictions and Limitations

a. No Inappropriate Activity. We reserve the right to investigate any suspicious or inappropriate activity relating to the Program. Notwithstanding any provision of this Agreement, we are not  obligated to pay any Referral Awards if we determine, in our sole discretion, that (a) the Qualifying Purchase completed by a Qualifying Referral is not a bona fide transaction, including, without limitation, if you engage or have engaged in any fraudulent or deceitful behavior in connection with the Program or if you directly or indirectly offer any person a financial or other incentive to apply using your Referral Link or attempt to redirect traffic from, or divert Referral Awards from, any other participant in the Program. We reserve the right, in our sole discretion, to delay payment of any Referral Awards while we investigate your participation in the Program or any use of your Referral Links.

b. No SPAM.  You must comply with all up-to-date “SPAM” laws. Any distribution of your Referral Link 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 the Program. HubSpot reserves the right, at its sole discretion, to prohibit any participant from participating in any aspect of the Program if HubSpot deems or suspects that such participant 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 Program website; c) acting with intent to annoy, harass, or abuse any other person; d) any inappropriate, uncooperative, disruptive, fraudulent, potentially fraudulent, or unusual behavior or activity; or e) activity deemed in the sole discretion of HubSpot to be generally inconsistent with the intended operation of the Program. HubSpot 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.

6. Your Release

By participating in the Program, you release HubSpot, its parent company, subsidiaries, affiliates, suppliers, advertising, and promotions agencies 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 any Referral Awards.

7. Indemnification

You agree to indemnify, defend, and hold HubSpot 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 you of applicable law.

8. Disclaimers; Limitations of Liability

a. Disclaimer of Warranties. THE PROGRAM AND THE REFERRAL AWARD IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OR COVENANTS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, AS TO THE OPERATION OF THE PROGRAM, ANY MATERIALS OR ANY SERVICES OR PRODUCTS AVAILABLE IN CONNECTION WITH THE PROGRAM, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, COMPLETENESS, RELIABILITY, AND NON-INFRINGEMENT.

b. No Indirect Damages. IN NO EVENT SHALL HUBSPOT BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, REGARDLESS OF THE TYPE OF CLAIM OR LEGAL THEORY ASSERTED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) THE PARTICIPATION IN THE PROGRAM, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE PROGRAM OR ANY REFERRAL AWARD, EVEN IF HUBSPOT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

c. Limitation of Liability. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF HUBSPOT  (WHETHER IN CONTRACT, WARRANTY, TORT, STRICT LIABILITY, OR OTHER THEORY), ARISING OUT OF OR RELATING TO THE PROGRAM, ANY PROGRAM RELATED MATERIALS OR SERVICES, OR ANY REFERRAL AWARDS, EXCEED $50.00.

9. General

a. Applicable Law. This Agreement shall be governed by the laws of the state of New South Wales, without regard to the conflict of laws provisions thereof. In the event either of us initiates an action in connection with this Agreement or any other dispute between the parties, the exclusive venue and jurisdiction of such action shall be in the state and federal courts in Sydney, New South Wales.

b. Force Majeure. Neither party will be responsible for failure or delay of performance if caused by: an act of war, hostility, or sabotage; act of God; electrical, internet, or telecommunication outage that is not caused by the obligated party; government restrictions; or other event outside the reasonable control of the obligated party. Each party will use reasonable efforts to mitigate the effect of a force majeure event.

c. Relationship of the Parties; No 3rd Party Beneficiaries. Both you and we agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement. A person who is not a party to these Program Terms and Conditions shall have no right to enforce or receive the benefit of any of these Program Terms and Conditions.

d. Entire Agreement; No Waiver; Severability. These Program Terms and Conditions constitute the entire agreement between you and HubSpot concerning the Program. The failure of HubSpot to exercise or enforce any right or provision of these Program Terms and Conditions shall not constitute a waiver of such right or provision. If any part of this Agreement is determined to be invalid or unenforceable by applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect.