[Last Modified: January 21, 2021]
These Referral Program Terms and Conditions (“Agreement”) apply to Start.io Inc. (“Start.io” or “Company”) Refer-A-Friend program (“Program”). By referring a publisher or otherwise participating in the Program, the referring publisher (“Referrer”) and the referred party who have engaged with Start.io due to the Referrer (“Referee”), agree to be bound by this Agreement. The Referrer and the Referee shall each be also referred as “you” or “your”.
Start.io created the Program to reward its publisher partners for referring new publishers, and to encourage their publisher friends to sign up for Start.io Services (as defined in Start.io’s Publisher T&C). Defined terms used and not defined herein shall have the meaning assigned to them in the Publisher T&C.
The Program is available online through Start.io publisher portal.
Acceptance of The Terms
By signing up to the Program and submitting your information or otherwise engaging with Start.io through the Program, you acknowledge that you have read, understood and agreed to the Terms. You agree to be bound by these Terms and to comply with all applicable laws and regulations regarding your use of the Program. You further acknowledge that these Terms constitute a binding legal contract between Start.io and you. IF YOU DO NOT AGREE TO ALL OR PART OF THE TERMS HEREIN PLEASE DO NOT SIGN UP OR SUBMIT ANY INFORMATION THROUGH THE PROGRAM OR PARTICIPATE IN ANY MANNER. The Program is available only to Referrers and Referees who are at least eighteen (18) years old and to companies that are appropriately licensed and otherwise legally permitted to conduct business.
In order to be eligible for a Reward or Bonus (as defined below), the following terms must be fulfilled as a whole:
- The Referrer must: (a) have, at all time during this Agreement, an active Start.io Developer Account; (b) have, at all time during this Agreement, at least one (1) active App published on Google Play or iTunes App Store (collectively “App Stores”) at the time of integration with Start.io SDK, which complies with Start.io’s requirements under the Publisher T&C; (c) refer a Referee through the Program and provide the Referee’s valid email address. The Referrer acknowledge and agree that the Company may, under its sole discretion, notify the Referee it was referred by the Referrer, including the Referrer’s identity, and the Referrer’s eligibility for a Reward under these Terms. The Referrer hereby represents and warrants it will not provide the Company with any contact details of a Referee which is under the age of eighteen (18), or otherwise prohibited under applicable law or the terms of this Agreement.
- The Referee must: (a) have at least one (1) active App published on the App Stores at the time of integration with Start.io SDK. The App must comply with Start.io’s requirements under the Publisher T&C, and was never previously integrated with Start.io’s SDK, according to the Company’s records; (b) successfully register and open a Developer Account including providing email address and payment details, and must never have had a previous Developer Account, including under the email or payment detailed provided through registration according to the Company’s records; (c) create the Developer Account through the Refer a Friend link (“Link”) sent by Start.io on behalf of Referrer within a period of up to ninety (90) days as of the date the Link was sent ; (d) within the period of up to ninety (90) days following an approval of a Developer Account (“Initial Period”), earn a minimum of fifty (50) USD in consideration for its use of the Services, according to the Company’s reports and as detailed below;
- Each Referee can only be referred by one Referrer. In the event of multiple referrals, solely the first to be submitted through the Program, will be acknowledge by Start.io.
- Start.io reserves the right, under its sole discretion, to reject any Referee. In no event shall the Company be obligated to engage with any Referee, and any engagement is subject to the Company’s sole discretion. In addition, Start.io reserves the right, under its sole discretion, to void, cancel, suspend or withhold any Rewards or Bonus, and shall be entitled to receive a refunds and deduct such refund from any payments due to the Referrer or Referee, in the event that Start.io deems, under its sole discretion, that the Referrer is not eligible to such Reward under this Program and Terms, including, without limitation, due to a breach or noncompliance with these Terms, applicable law, a fraudulent act or omission, or any misuse of this Program or the Publisher T&C (e.g., account duplication, fake installs, fake impressions, etc.). It is here by clarified a Referrer is prohibited from referring itself, either directly or under a different name, Developer Account, App, email, etc.
- Notwithstanding the above, the Referrer’s or Referee’s eligibility for a Reward or Bonus shall terminate immediately upon termination of Developer Account or its engagement with Start.io, from any reason or for no reason.
Rewards and Bonuses
- Subject to fulfillment of the terms under this Agreement, the Referrer shall be entitled to a reward, based on the Referee’s earnings actually generated directly from the Services, excluding (a) any bonuses, promotions, and other considerations due under any programs; (b) taxes, VAT, commissions or other fees; (c) refunds or chargebacks – all solely according to the Company’s reports (“Earnings”), as follows (“Reward”):
|Referee’s Total Earnings||Reward|
|Initial Period||Second Period: a period of 90 days as of the Initial period||Third Period: a period of 181 days- 365 days as of the Initial Period|
- Referrer’s eligibility for a Reward shall be limited to a period of twelve (12) month as of the Initial Period, or the Rewards total sum of $10,000 US, according to the Company’s records and reports.
- As the Reward is based on Referee’s earning, by joining the Program, the Referee acknowledge and agree information regarding its earning shall be provided to the Referrer.
- Subject to fulfillment of the terms under this Agreement, in the event the Referee’s Earnings on the Initial Period shall exceed the total amount of $250 US, the Referee shall be entitled to a bonus in the total amount of $50 US (“Bonus”)
- Payments of Rewards and Bonuses shall be made on a NET+30 basis following the end of the applicable period (i.e., Initial Period, Second Period and Third Period).
- Payments shall be made in the currency and via the payment method agreed under the Publisher T&C.
- The Company will not be required to pay Rewards until the amount owed equals or exceeds $50 US, otherwise the payment will be carried over to the following payment term.
- Bonuses and Rewards are not transferable.
- The Referrer and Referee shall bear any and all taxes in connection with any payments made pursuant to this Agreement.
Except as expressly provided in the Agreement and to the fullest extent allowable by law, the Program is provided “AS-IS”, the Company makes no other warranty of any kind, whether express, implied, statutory or otherwise, including, without limitation, warranties of merchantability, and fitness for a particular use or non-infringement or those arising in the course of or connected to its performance hereunder, and disclaims any such warranties. In addition, Company does not represent or warrant that the Program will be error free or that any errors will be corrected, or that the Referrer or Referee will profit or derive any economic benefit from it use of the Program.
These Terms and Conditions are a supplement and do not replace the terms and conditions of the Publisher T&C, which its applicable provisions shall apply herein. Independent Contractors: Both parties are independent contractors under this Agreement. Nothing herein contained shall be deemed to create an employment, agency, joint venture or partnership relationship between the parties hereto or any of their agents or employees, or any other legal arrangement that would impose liability upon one party for the act or failure to act of the other party. Neither party shall have any express or implied power to enter into any contracts or commitments or to incur any liabilities in the name of, or on behalf of, the other party, or to bind the other party in any respect whatsoever. Assignment: Referrer or Referee may not assign any of its rights, duties or obligations under this Agreement to any person or entity. Company may assign this agreement at all time. Waiver: No waiver of any provision hereof or of any right or remedy hereunder shall be effective unless in writing and signed by the party against whom such waiver is sought to be enforced. No delay in exercising, no course of dealing with respect to, or no partial exercise of any right or remedy hereunder shall constitute a waiver of any other right or remedy, or future exercise thereof. Entire Agreement: This Agreement sets forth the entire understanding between the parties with respect to the subject matter herein and supersedes all prior and contemporaneous written agreements and discussions concerning the subject matter of this Agreement. In the event any clause of this Agreement is determined to be void or unenforceable by a court of competent jurisdiction, such clause shall be interpreted as necessary to give maximum force to the provisions thereof, and the validity and enforceability of the remainder of this Agreement shall not be affected. Severability: If any provision of this Agreement or any part of any provision shall be determined to be partially void or unenforceable by any court or body of competent jurisdiction or by virtue of any legislation to which it is subject or by virtue of any other reason whatsoever, it shall be void or unenforceable to that extent only and no further and the validity and enforceability of any of the other provisions or the remainder of any such provision shall not be affected by such determination.
Changes to the Program and this Agreement
The Company reserves the right to modify, correct, amend, the Program or these Terms at any time. We will notify you regarding substantial changes of the Terms on the homepage or we will make best efforts to send you an e-mail regarding such material changes to the e-mail address that you provided in the registration form. Such substantial changes will take effect seven (7) days after such notice was provided. Otherwise, all other changes to these Terms are effective as of the stated “Last Modified” date and your continued use of the Program after the Last Modified date will constitute acceptance of, and agreement to be bound by, those changes.
If you have any questions or comments concerning this Agreement, you are welcome to send us an e-mail at: Support@start.io or at: Start.io Inc. 584 Broadway St. 12th Floor Suite 1206 New York, NY, 10012.