Referral Program Terms and Conditions
Hubly Inc. ("Hubly" or “We”) offer participating subscribers (“Referrer” or “You”) the opportunity to participate in our referral program more fully described at https://www.myhubly.com/referral-program (the “Program”). We reserve the right to amend or terminate the Program at any time, for any reason. The Program is administered by Hubly.
Referrers are bound by these Terms and Conditions by participating in the Program. By participating in the Program, Referrers agree to use the Program in the manner specified in these Terms and Conditions. If you do not agree to these Terms and Conditions in their entirety, you are not authorized to register as a Referrer or to participate in the Program in any other manner. Referrers may not participate in the Program where doing so would be prohibited by any applicable law or regulations.
We reserve the right to modify or amend at any time these Terms and Conditions and/or the methods through which rewards are earned. We reserve the right to disqualify any Referrers from participation in the Program at any time at our sole discretion, including without limitation if he/she 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 applicable law or otherwise required by Hubly).
No part of the program is directed to persons under the age of 18. IF YOU ARE UNDER 18 YEARS OF AGE, YOU MAY NOT USE, ACCESS OR PARTICIPATE IN THE PROGRAM AT ANY TIME OR IN ANY MANNER.
- HOW THE PROGRAM WORKS
1.1. Program Participation
- To participate in the Program, Referrers should visit myhubly.com/referral-program and follow the on-screen instructions to refer friends or colleagues to the program by entering their contact information in the relevant fields.
- Individuals who receive a referral via a Referrer are "Friends" (or, singly, a “Friend”). An "Eligible" Referrer 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).
- By participating in the Program, a Referrer represents that he or she has her Friends’ prior consent to provide their contact information.
1.2. Eligible Referrer. To be "Eligible," a Referrer must:
- Be a legal resident of the United States of America or Canada (excluding Quebec);
- A current customer of Hubly; and
- Be at least 18 years old.
1.3. Making a Referral
- A Referrer must register at myhubly.com/referral-program to make a referral. If a resident of the United States or Canada, Referrer must be an existing subscriber to Hubly. Once a Referrer refers a Friend, he/she will be contacted if a Qualified Referral is made by the referred Friend and that Qualified Referral satisfies all the conditions set out in section 1.4 below.
- Referrers must respect the spirit of the Program by only referring real individuals who meet the requirements of these Terms and Conditions. Referrers cannot refer themselves. For example, a Referrer may not create multiple or fake accounts with Hubly or participate in the Program using multiple or fake email addresses or identities. Referrers should only submit details of Friends who they genuinely believe wish to subscribe for the Hubly service.
1.4. Qualified Referrals. A “Qualified Referral” means that all the following conditions are met:
- The Friend represents a financial advisory firm that is not currently subscribed to the Hubly platform,
- The Friend’s financial advisory firm subscribes for a paid subscription to the Hubly platform and maintains that paid subscription for a period of not less than 60 days after completion of implementation and training on the Hubly platform;
- The Friend is a) a legal resident of the United States of America or Canada (excluding Quebec) and b) at least 18 years old; and
- Only one Qualified Referral can be earned for each Friend and for each financial advisory firm. Any additional or subsequent purchases made by a Friend or their financial advisory firm will not be considered Qualified Referrals and thus not be entitled to the benefits of Qualified Referrals.
1.5. Earning Rewards
Referrer shall receive one (1) reward (each, a “Reward”) in the form and value determined by Hubly for each verified Qualified Referral generated by Referrer, as further described in the Program. If the Reward is in the form of a gift card, gift certificate or voucher, it may be subject to the issuer's terms and conditions that are binding on Referrer when using such gift card and which are outside of Hubly’s control.
1.6. Verified Qualified Referrals
Rewards are subject to verification. Hubly may delay a Reward for the purposes of investigation. Hubly may also refuse to verify and process any transaction Hubly deems, in its sole discretion, to be fraudulent, suspicious, in violation of these Terms and Conditions, or believes will impose potential liability on Hubly, its subsidiaries, affiliates or any of their respective officers, directors, employees, representatives and agents. All of Hubly's decisions are final and binding, including decisions as to whether a Qualified Referral, or Reward is verified.
1.7. Transfer and Value of Rewards
Rewards have no monetary value and 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, any unredeemed Rewards that have not yet been delivered to Referrer are forfeited.
- Referrers may participate in the Program made available by Hubly in order to refer their Friends to Hubly as potential new Hubly customers. To do this, Referrers must necessarily submit personal information about themselves and their Friends, such as name and e-mail address information, so that Hubly can send communications to the Friends. Such communications will disclose the full name of Referrer as being the person who made the referral and state that the message is sent as a result of the referral.
- The personal information will be collected, processed and used in accordance with Hubly’s Privacy Statement, which can be found at https://www.myhubly.com/privacy-policy. Referrers understand that, in addition to the initial communications to Friends and to the extent permitted by applicable laws, Hubly may also use the personal information to send to Friends additional follow-up communications in order to encourage or remind the Friends to complete a purchase. The personal information may also be used by Hubly to contact Referrers with regards to their participation in the Program and to send to Referrers additional communications from Hubly.
3.1. By participating in the Program, Referrers agree to defend, indemnify, release and hold harmless Hubly, 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 Referrers’ 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)
3.2. REFERRERS EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE PROGRAM IS AT YOUR SOLE RISK; THE PROGRAM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND Hubly 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) Hubly MAKES AND GIVES NO WARRANTY THAT (i) THE PROGRAM WILL MEET YOUR 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 YOU THROUGH THE PROGRAM WILL MEET YOUR 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 YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
3.3. REFERRERS EXPRESSLY UNDERSTAND AND AGREE THAT HUBLY (INCLUDING ANY VENDORS AND SERVICE PROVIDERS ASSOCIATED WITH OR ASSISTING IN PROVIDING THE PROGRAM) SHALL NOT BE LIABLE TO YOU 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 HUBLY 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 YOUR 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 YOU. TO THE FULLEST EXTENT POSSIBLE BY LAW, HUBLY'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. REFERRERS SHOULD USE THE PROGRAM AT THEIR OWN RISK.
A. If a solution cannot be found to restore the integrity of the Program after the occurrence of Prohibited Conduct (as defined below), Hubly reserves the right to cancel, change, or suspend the Program.
4.1. Prohibited Conduct, Generally. Referrers agree not to use the Program to:
- Violate applicable law;
- Infringe the intellectual property rights of Hubly or any third parties;
- Stalk, harass, or harm another individual;
- Collect or store personal data about other Referrers;
- Impersonate any person or otherwise misrepresent Referrer's identity;
- 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;
- Interfere with another Referrer's use of the Program;
- Attempt to gain unauthorized access to the Program, other accounts, computer systems, or networks connected to the Program;
- Transmit any file that contains viruses, worms, trojan horses, or any other contaminating or destructive features;
- Conduct any illegal activity or solicit the performance of any illegal activity or other activity that infringes the rights of others;
- Resell, barter, trade, auction or otherwise generate income by providing access to the Program to others.
4.2. Bulk Distribution ("Spam")
- Bulk referrals, distribution to strangers, or any other promotion of a Program in a manner that would constitute or appear to constitute unsolicited commercial email or "spam" in Hubly’s sole discretion is expressly prohibited and may be grounds for immediate termination of the Referrer's participation in the Program. Hubly has a no-tolerance spam policy.
- Hubly has no obligation to monitor the content provided by Referrers; however, Hubly may choose to do so and block any email messages, remove any such content, or prohibit any use of the Program.
- While Hubly is the actual sender of the referral email, each Referrer must nonetheless comply with applicable law. Referrers who do not comply with the law, including antispam laws, are obligated to indemnify Hubly and all of the Released Parties against any liabilities, costs and expenses incurred as a results of such violation.
4.3. Fraudulent and Suspicious Behavior
- Hubly may prohibit a Referrer from participating in the Program or receiving a Reward, in Hubly’s sole discretion, if Hubly determines that such Referrer 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 Referrers or any representatives of Hubly.
- Use of any affiliate website, affiliate network properties, automated systems, script, or macro to participate is strictly prohibited and will result in disqualification.
- Referrers 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.
- Hubly reserves the right to disqualify any Referrer and/or cancel any Reward(s) if Hubly finds a Referrer to be tampering with the entry process or the operation of the Program or violating these Terms and Conditions in any way.
- 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, Hubly RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
- Applicable Law; 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 the laws of British Colmbia, Canada, in the courts of Vancouver (without reference to its conflicts of laws principles).
C. Referrers also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to Referrers' use of the Program or this agreement:
- REFERRERS ARE GIVING UP THEIR RIGHT TO HAVE A TRIAL BY JURY; and
- REFERRERS 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.
These terms constitute the entire agreement between Referrers and Hubly concerning Referrers' use of the Program. The failure of Hubly 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, Hubly and Referrers 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.