SOURCE REFERRAL INC. ("SOURCEREFERRAL") IS WILLING TO GRANT YOU RIGHTS TO ESTABLISH AN ACCOUNT AND TO USE THE SERVICES PROVIDED BY THIS SITE ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS AGREEMENT. PLEASE READ THE TERMS CAREFULLY. BY CLICKING ON "I ACCEPT", YOU WILL INDICATE YOUR AGREEMENT WITH THEM. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY OR PERSON, YOUR ACCEPTANCE REPRESENTS THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY OR PERSON TO THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, OR IF YOU DO NOT HAVE THE AUTHORITY TO BIND YOUR ENTITY OR PERSON, THEN SOURCE REFERRAL INC. IS UNWILLING TO GRANT YOU RIGHTS TO ESTABLISH AN ACCOUNT AND TO USE THE SERVICES PROVIDED BY THIS SITE.

SUBSCRIPTION AGREEMENT

Effective Date: June 1, 2021

To review material modifications and their effective dates scroll to the bottom of the page.

1. Parties. The parties to this legal Agreement are you, and Source Referral Inc., a website business, SourceReferral.com. If you are not acting on behalf of yourself as an individual, then "you", "your", and "yourself" means your company or organization or the person you are representing. All references to "we", "us", "our", "this website" or "this site" shall be construed to mean this sourcereferral.com website business and Source Referral Inc.  

2. Agreement. The legal Agreement between you and Source Referral Inc. consists of this SUBSCRIPTION AGREEMENT and our Privacy Policy which are incorporated herein and accessible on this site's home page. If there is any conflict between this SUBSCRIPTION AGREEMENT and the Terms of Use, this SUBSCRIPTION AGREEMENT shall take precedence.

Parties. The parties to these Terms of Use are you (Business), and Source Referral Inc. (Owner), the owner of SourceReferral.com, a Marketing and Referral Platform. This agreement includes, but is not limited to, all websites and brands owned by Source Referral Inc. including SourceReferral.com and others that may be created under this brand in the future. All references to “we”, “us”, “our”, this “website”,“site” or this “platform”, shall be construed to mean Source Referral Inc. and SourceReferral.com.

Use And Restrictions. Subject to these Terms of Use and our Privacy Policy, as a subscribing business at SourceReferral.com, you will have a Landing Page on our platform. Your Landing Page will include features designed to improve your SEO ranking and to allow you to be referred via the referral function built into the Landing Page. In the event that the Landing Page features change, you will be notified of these changes by email. The current features and pricing are available at SourceReferral.com/businesssign-up.

External Access. You agree not to access (or attempt to access) this site through any automated means (including use of scripts or web crawlers), and you agree to comply with the instructions set out in any robots.txt file present on this site. You are not authorized to (i) resell, sublicense, transfer, assign, or distribute the site, its services or content; (ii) modify or make derivative works based on the site, its services or content; or (iii) “frame” or “mirror” the site, its services or content on any other server or Internet-enabled device. All rights not expressly granted in this Agreement are reserved by us and our licensors.

Modification. We reserve the right to modify these Terms of Use at any time, and without prior notice, by posting an amended Terms of Use that is always accessible through the Terms of Use link on this site’s home page. You should scroll to the bottom of this page periodically to review material modifications and their effective dates. Your CONTINUED USE OF THIS PLATFORM FOLLOWING OUR POSTING OF A MODIFICATION NOTICE OR NEW TERMS OF USE ON THIS SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE MODIFICATION OR NEW TERMS OF USE.

FEES AND FUNDING

SourceReferral.com is a subscription service. In exchange for a fee, we agree to provide you with a Landing Page on our platform and to provide the services corresponding to your subscription level. We reserve the right to modify these services and the pricing thereof. You will be notified of such modifications via email and they will be updated on the platform as well. Unless otherwise specified in your Onboarding Agreement, your pricing may change as services are updated.

Billings Your subscription will be billed to the credit card you provided per the terms specified at the time of your initial payment. Your subscription is continuous and will continue until you cancel it. 

Cancellations Due to the time involved in onboarding your account, a $300 cancellation fee will apply if your account is canceled within the first 120 days. If you have paid for three billing cycles (or a total of $1000 or more), no calcellation fee will be applied. Only the initial payment in a subscription is refundable, and only if you cancel prior to the onboarding of your account. To cancel your subscription, send an email to [email protected] or call 877-733-3745 and your subscription will be cancelled immediately. You will not be charged for any future payments, unless the cancellation fee is to be applied.

Promotional Discounts SourceReferral.com is a marketing platform with an Offer Function included with each Landing Page. You agree to make two offers available to users who visit your Landing Page. Any discount or promotional discount will be honored by you at the time the sale is made. All discounts will be paid by you and NOT by SourceReferral.com

Referral Rewards SourceReferral.com is a marketing platform with an Referral Function included with each Landing Page. You agree to make two referral rewards which correspond to your two offers available to Affiliates who refer your business or your offer when they visit your Landing Page. All Referral Rewards be paid by you and NOT by SourceReferral.com. Referral Rewards SourceReferral.com is a marketing platform with an Referral Function included with each Landing Page. You agree pay a referral incentive to Affiliates who refer your business or your offer. The referral incentives will be paid only after you have verified that all requirements to earn the incentive have been fulfilled. All Referral Rewards be paid by you and NOT by SourceReferral.com. 

Reward Verification You will have an opportunity to review the Reward Verification Report prior to your account being charged for your Reward Payout. Reference our policies and procedures for the current procudures.

Errors or Non-validation If there are errors on your Reward Verification Report, notify us of the error within 5 business days. SourceReferral will use due diligence to remedy the error prior to Reward Payout Date. In the event the error cannot be resolved prior to the Reward Payout Date, the reward payout will be withheld until the issue can be resolved. If you fail to validate your Reward Verification Report prior to the Reward Payout Date, your rewards will be held over to the following month. This is discouraged as it will reduce the credibility of your business and compound the payout amount due the following month. Reference our policies and procedures for the current procudures.

Paying your Rewards Rewards will be paid out monthly to Affiliates. Rewards will be issued to the Affiliate’s email address via electronic gift card. Affiliates may choose gift cards and demoniations of their choice from participating businesses on the rewards platform. Your business will provide a credit card number or e-check authorization to SourceReferral Inc. for payment of the rewards. A 3.5% transaction fee will be added to all credit card payments and a $1.00 charge will be added to all e-check authorizations. Referral Rewards must be paid to SourceReferral Inc. prior to the Reward Payout Date. Reference our policies and procedures for the current procudures.

 Non-payment of rewards If you fail to remit reward payments prior to the Reward Payment Due Date, your account will be assessed a $50 penalty and your “Refer Offer” amounts will be set to Zero until your referral reward payouts have been brought current. 

NOTE TO GARY: The following was copied from https://groovedigital.com/legal and there is a copywrite notice at the end of the document.

Question? Do we need all of this and are there legal SOP templates that this information can be drawn from?

Events of Default and Remedies

Events of Default: The parties acknowledge and agree that the following shall constitute events of default (“Events of Default”) and that the occurrence of one (1) or more of such Events of Default shall constitute a material breach of this Agreement, which shall allow a party, as applicable, to seek the rights and remedies set forth below:

(i)  Your failure to timely pay any undisputed amount owed to Source Referral Inc., provided that such failure is not cured within fifteen (15) calendar days following receipt of written notice of such failure;

(ii)  Your or your Customer Affiliate’s breach of this Agreement, without cure, or if you or your Customer Affiliate otherwise misuse the Software in contravention of this Agreement.

Source Referral Inc.’s Rights and Remedies: Upon the occurrence of an Event of Default by you or your Customer Affiliate or with respect to you or your Customer Affiliate, Source Referral Inc. shall be entitled to any or all of the following remedies: (i) terminate this Agreement in whole or in part; or (ii) seek to recover damages from You.

Your Rights and Remedies: You have the right to Terminate this Agreement at any time with prior written notice to Source Referral Inc.. In the event of any breach of the warranties set forth in this Agreement by Source Referral Inc., Your sole and exclusive remedy shall be for Source Referral Inc. to correct or replace, at no additional charge to you, any portion of the Software or Services found to be defective.

NOTE TO GARY: We will be controlling all business information that goes on the site. I don’t think we need all of this.

How We Treat Postings To This Site (Blog, Forum, or Chat Room).

 5.1 We will not treat information that you post to areas of this site that are viewable by others (for example, to a blog, forum or chat-room) as proprietary, private, or confidential. We have no obligation to monitor posts to this site or to exercise any editorial control over such posts; however, we reserve the right to review such posts and to remove any material that, in our judgment, is not appropriate. Posting, transmitting, promoting, using, distributing or storing content that could subject us to any legal liability, whether in tort or otherwise, or that is in violation of any applicable law or regulation, or otherwise contrary to commonly accepted community standards, is prohibited, including without limitation information and material protected by copyright, trademark, trade secret, nondisclosure or confidentiality agreements, or other intellectual property rights, and material that violates export control laws.

 5.2 We, in our sole discretion and without notice, reserve the right, but undertake no duty, to review, edit, remove or delete any material submitted as a comment to blog, forum or chat-room provided for display or placed on this site. Specifically, we reserve the right to delete or decline to post content that contains profanity; sexual content; overly graphic, disturbing or offensive material; vulgar or abusive language; hate speech, defamatory comments, or offensive language targeting any specific demographic; personal attacks of any kind; spam; promotions for commercial products or services.

 5.3 By submitting a comment for posting, you agree that we are not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including defamatory, offensive or illicit material, even material that violates this Agreement.

6 Defamation; Communications Decency Act Notice. 

6.1 This site is a provider of “interactive computer services” under the Communications Decency Act, 47 U.S.C. Section 230, and as such, our liability for defamation and other claims arising out of any postings to this site by third parties is limited as described therein. We are not responsible for content or any other information posted to this site by third parties. We neither warrant the accuracy of such postings or exercise any editorial control over such posts, nor do we assume any legal obligation for editorial control of content posted by third parties or liability in connection with such postings, including any responsibility or liability for investigating or verifying the accuracy of any content or any other information contained in such postings.

6.2 Monitoring. We reserve the right, but not the obligation, to monitor your access and use of this site without notification to you. We may record or log your use in a manner as set out in our Privacy Policy that is accessible through the Privacy Policy link on this site’s home page.

7 Separate Agreements. You may acquire products, services and/or content from this site. We reserve the right to require that you agree to separate agreements as a condition of your use and/or purchase of such products, services and/or content.

8 Ownership. The material provided on this site is protected by law, including, but not limited to, United States copyright law and international treaties. The copyrights and other intellectual property in the content of this site is owned by us and/or others. Except for the limited rights granted herein, all other rights are reserved.

10. Links to This Site. We grant to you a limited, revocable, and nonexclusive right to create a hyperlink to this site provided that the link does not portray us or our products or services in a false, misleading, derogatory, or offensive matter. You may not use any logo, trademark, or tradename that may be displayed on this site or other proprietary graphic image in the link without our prior written consent.

11. Links to Third Party Websites. We do not review or control third party websites that link to or from this site, and we are not responsible for their content, and do not represent that their content is accurate or appropriate. Your use of any third party site is on your own initiative and at your own risk, and may be subject to the other sites’ terms of use and privacy policy.

12. Participation In Promotions of Advertisers. You may enter into correspondence with or participate in promotions of advertisers promoting their products, services or content on this site. Any such correspondence or participation, including the delivery of and the payment for products, services or content, are solely between you and each such advertiser.

13. Arbitration. Except for actions to protect intellectual property rights and to enforce an arbitrator’s decision hereunder, all disputes, controversies, or claims arising out of or relating to this Agreement or a breach thereof shall be submitted to and finally resolved by arbitration under the rules of the American Arbitration Association (“AAA”) then in effect. There shall be one arbitrator, and such arbitrator shall be chosen by mutual agreement of the parties in accordance with AAA rules. The arbitration shall take place in Riverside, California, USA, and may be conducted by telephone or online. The arbitrator shall apply the laws of the Riverside, California, USA to all issues in dispute. The controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The findings of the arbitrator shall be final and binding on the parties, and may be entered in any court of competent jurisdiction for enforcement. Enforcements of any award or judgment shall be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Should either party file an action contrary to this provision, the other party may recover attorney’s fees and costs up to $1000.00.

14. Jurisdiction And Venue. The courts of Riverside County in the State of California, USA and the nearest U.S. District Court in the State of California shall be the exclusive jurisdiction and venue for all legal proceedings that are not arbitrated under these Terms of Use.

15. Controlling Law. This Agreement shall be construed under the laws of the State of California, USA, excluding rules regarding conflicts of law. The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.

16. Severability. If any provision of these terms is declared invalid or unenforceable, such provision shall be deemed modified to the extent necessary and possible to render it valid and enforceable. In any event, the unenforceability or invalidity of any provision shall not affect any other provision of these terms, and these terms shall continue in full force and effect, and be construed and enforced, as if such provision had not been included, or had been modified as above provided, as the case may be.

17. Force Majeure. We shall not be liable for damages for any delay or failure of delivery arising out of causes beyond our reasonable control and without our fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures.

18. Privacy. Please review this site’s Privacy Policy which also governs your visit to this site. Our Privacy Policy is always accessible on our site’s home page.

Notice: This document is Copyright © Chip Cooper of the law firm of Jones & Haley, P.C., and licensed for use by the owner of this website under distribution rights granted to FTCGuardian.com. All rights reserved worldwide. No part of this document may be copied, reprinted, reproduced, or transmitted in any form or by any means without the prior written permission of the copyright owner.

 DMCA NOTICE

 DMCA Notice. This site is an Internet “service provider” under the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (“DMCA”). As Required by the DMCA, this site maintains specific contact information provided below, including an e-mail address, for notifications of claimed infringement regarding materials posted to this site. All notices should be addressed to the contact person specified below (our agent for notice of claimed infringement):

Notification of Claimed Infringement:

Source Referral Inc. Digital, Inc.

330 Alabama St., Suite F

Redlands, CA 92373

  Agent’s Name/Email Address: Support Referral Inc. / [email protected]

  Telephone: 877-733-3745

You may contact our agent for notice of claimed infringement specified above with complaints regarding allegedly infringing posted material and we will investigate those complaints. If the posted material is believed in good faith by us to violate any applicable law, we will remove or disable access to any such material, and we will notify the posting party that the material has been blocked or removed.

In notifying us of alleged copyright infringement, the DMCA requires that you include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or e-mail address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.10.Limitation of Liability. IN NO EVENT SHALL THIS SITE AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SITE, ITS PRODUCTS, SERVICES, AND/OR CONTENT, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE, EVEN IF THIS SITE OR OUR LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

You shall comply with the CAN-SPAM Act or other applicable international SPAM laws for all campaigns, if Your Customer Affiliates are sending emails, then the Customer Affiliate must comply with the CAN- SPAM Act and other applicable International SPAM laws when sending such emails with Source Referral Inc. code in the email. If You or Your Customer Affiliates are not in compliance as determined by Source Referral Inc. in its sole discretion, Source Referral Inc. may terminate this Agreement immediately, without liability to Source Referral Inc.. Source Referral Inc. does not permit violations of the CAN-SPAM Act or other international laws governing SPAM. If Your domain becomes ”blacklisted” and adversely affects Source Referral Inc. and Source Referral Inc.’s ability to serve its customers, Source Referral Inc. will take appropriate steps to assist You in resolving the matter. If the SPAM agency will not remove Your domain from the “blacklist” or if a reasonable resolution cannot be reached, Your domain may be removed from Source Referral Inc.’s IP space (including your use of the Site and/or Services) at Source Referral Inc.’s sole discretion, without liability to Source Referral Inc...

NOTE TO GARY: The following was copied from https://linktrust.com/privac. We pay this company a monthly fee to provide the backend workings of our platform. Data is stored on their servers as well as ours.

Data Storage and Ownership

Data Storage: The Software and Your Data will be hosted on Source Referral Inc. servers, unless otherwise agreed to in writing. Source Referral Inc. does not warrant that Your use of the Services will be error-free or secure. In addition, the security mechanisms implemented by Source Referral Inc. have inherent limitations that are out of the control of Source Referral Inc., and You must independently determine whether the Services sufficiently meet Your requirements. While Source Referral Inc. shall make reasonable efforts to protect and backup Your and Source Referral Inc.’s Data on a regular basis, other than the confidentiality obligations with respect to Your Confidential Information under the Agreement, Source Referral Inc. is not responsible for Your Data residing on Source Referral Inc. servers. Source Referral Inc. is responsible for making and keeping current copies of Customer Affiliates and their related information. Source Referral Inc. is responsible for all use of Customer Affiliate accounts and confidentiality of Customer Affiliate’s passwords and information.

Your Data: “Your Data” consists of the following: (i) information input into the Source Referral Inc. interface by you or a Customer Affiliate; and (ii) user behavior on your web site captured by the Source Referral Inc. Service system on the your behalf. Source Referral Inc. agrees that you will own all your data. Source Referral Inc. shall not use your data except directly in furtherance of the purposes of this Agreement. Source Referral Inc. shall not disclose your data to any third-party unless directed by you, except: (a) when such disclosure is made by Source Referral Inc. in response to a court order (provided Source Referral Inc. has given you reasonable notice of such court order); or (b) when involving aggregate non-personally identifiable data. Upon your request, you are entitled to, and Source Referral Inc. will provide you, at your sole expense, all your Data, in a format reasonably determined by Source Referral Inc..

Term and Termination

Term. This Agreement commences on the effective date specified in the Service Order and continues for the term specified in the Service Order, unless this Agreement is terminated earlier in accordance with the terms and conditions of this Agreement. This Agreement automatically renews for additional successive terms as outlined in the original Service Order unless at least 30 days before the end of the then-current Term either party provides written notice to the other party that it does not intend to renew. During any renewal Term, Source Referral Inc. may adjust the annual fees.

Termination by Source Referral Inc.: Upon written notice to you, Source Referral Inc. shall have the right to terminate this Agreement for an Event of Default (as defined below) in accordance with the terms and conditions of this Agreement. Source Referral Inc. shall have the right to immediately terminate your account if you engage in improper activity such as sending or encouraging emails in violation of CAN SPAM, Adult Content, or DDOS. Source Referral Inc. reserves the right to manage and monitor you and your Customer Affiliates’ activities through various mechanisms both internal and through third-parties to ensure network and service safety and compliance.

Termination by You: Upon written notice to Source Referral Inc., you shall have the right to terminate this Agreement at any time. In such event, Source Referral Inc. shall discontinue its services with respect to this Agreement. You shall remain obligated to pay Source Referral Inc. for any outstanding invoices as outlined in the original Service Order.

Termination of Customer Affiliate: Upon written notice from Source Referral Inc. of a Customer Affiliate’s improper activity, you will immediately suspend said Customer Affiliate’s ability to use the Source Referral Inc. Service and work with said Customer Affiliate to correct the improper activity. You acknowledge that maintaining its network connection is of the utmost importance to Source Referral Inc., and you agree that if you or your Customer Affiliate jeopardizes Source Referral Inc.’s network connection, and/or jeopardizes Source Referral Inc.’s business activities in any way, that your account may be immediately terminated by Source Referral Inc.. Source Referral Inc. will assist you in resolving issues with your Customer Affiliates prior to terminating your account. Notwithstanding, anything to the contrary herein, Source Referral Inc. reserves the right to immediately suspend and/or terminate the Site login of any Customer Affiliate that violates the CAN-SPAM Act or any other applicable International SPAM laws, and to discontinue providing advertisements to such Customer Affiliate, as determined by Source Referral Inc. in its sole discretion. If Source Referral Inc. decides to take such action, Source Referral Inc. shall promptly notify you of its decision in writing.