Atera Referral Program Terms of Use

 

1. ACCEPTANCE OF TERMS

 

By agreeing to these Terms and Conditions (the “Terms”), or by otherwise participating in the Program, you are becoming a member of the Program (a “Referrer”), and you are agreeing to be bound by these Terms, which constitute a binding agreement between you and Atera Network Ltd’s (“Atera”, “we”, “us” or “our”). If you do not understand and/or agree to these Terms, you should immediately cease participation in the Program.

 

References herein to “you” and “your” means, either:

 

(a) you in your individual capacity (in which case, you represent and warrant that you are at least 18 years of age, and in any event the age of majority in your jurisdiction); or

 

(b) if authorized to do so, the organization you represent (in which case, you represent and warrant that you have the authority to enter into this agreement on such organization’s behalf).

 

These Terms will continue to apply to you for as long as your Referrer membership remains in effect.

 

Atera has no obligation to monitor the Program or any communications or actions therein; however, Atera may, in its sole discretion, and without notice: (a) choose to monitor the Program, as well as block communications and actions therein; (b) change, cancel, suspend, or modify any aspect of the Program; and (c) remove or disqualify any participants and/or Referrals (defined below) from the Program.

 

We may unilaterally change or add to the terms of these Terms at any time (“Updated Terms”). In the event of a material change, we shall notify you via email or by means of a prominent notice on the Program site available at Atera’s Refer a Friend knowledge base article. The Updated Terms will take effect upon the date specified in a notice given to you (or, if no notice is given, or no date is specified, then ten (10) days after the date such Updated Terms are posted online). Accordingly, please check our Terms periodically to review changes. By continuing to participate in the Program following such modifications, you agree to be bound by such modifications. If you object to the modification(s), then, as your sole remedy, and Atera’s sole liability, you may terminate your membership in the Program.

 

2. PRIVACY POLICY

 

The Atera Privacy Policy, as amended by us from time to time available at https://www.atera.com/privacy/ (“Privacy Policy”) shall be deemed as an integral part of these Terms and shall apply with regard to Atera’s use of your personal information we collect or receive from or about you in connection with the Program.

 

You hereby agree that personal information may be used by Atera (and/or third-party administrators of the Program) to contact you (for example, via email) with regards to participation in the Program.

 

Participation in the Program represents an ongoing relationship with you, for privacy purposes.

 

3. REFERRALS

 

Once Atera issues you a unique referral code link (“Referral Link”), you may message your contacts that you know personally and that you believe might be interested in becoming an Atera customer (each, a “Referred Customer” or “Friend”) and share the Referral Link with them (each such message, a “Referral”). The recipient of your message will only be deemed a “Friend” if (according to our records) he or she is not an existing customer of Atera and if he or she is a first-time user of the Atera service as a result of your Referral.

 

Notwithstanding the foregoing:

 

(a) You must not knowingly send a Referral to: (A) any government or public official, employee, agent, to any government-owned or government-controlled entity, or to any individual acting in an official capacity on behalf of any of the foregoing; (B) any official, employee or agent of a public international organization; (C) any political party or official, employee or agent thereof; and/or (D) any candidate for political office.

 

(b) You must not use any system, script, bot or other device or artifice to send any Referral or to otherwise participate in, or receive any benefit from, the Program.

 

(c) You must not send bulk Referrals or Referrals to strangers.

 

You must not (a) engage in any deceptive, misleading, or unethical practices that are or might be detrimental to Atera or its products or services, (b) make any disparaging statement about Atera or its products or services, (c) misrepresent the nature or scope of your status within the Program or the relationship between you and Atera hereunder, and/or (d) otherwise cause harm to Atera’s good name and business reputation. You further agree not to promote, approach, or submit Referrals, or use distribute, transfer, provide, sub-license, share with, or otherwise offer, any Atera products or services in violation of the United States Foreign Corrupt Practices Act, the UK Bribery Act, and similar anti-corruption laws in all jurisdictions.

 

You (and not Atera) are the sender of your Referrals. You are solely responsible and liable for the content, nature, frequency, method, and recipients of your Referrals. You must ensure that your Referrals do not violate any laws or regulations (such as those relating to privacy, anti-harassment, or anti-spamming), include all disclosures required by applicable laws and regulations, do not breach any contract to which you are bound, and do not violate the property or confidentiality rights of a third party. You hereby represent and warrant that (a) you have all necessary rights, licenses, and/or consents to send Referrals, messages, and/or other communications to Friends and (b) you comply with all applicable laws in connection with your sending of Referrals, messages and/or other communications to Friends.

 

4. ELIGIBILITY FOR REWARDS

 

You shall be eligible to receive a Reward solely for each of your Friend who, via your Referral Link, purchased a subscription to Atera’s IT management software (“Subscription”) within the Engagement Timeframe (as defined below). Such a Referred Customer must register with your Referral Link in order to be deemed a Referred Customer. Atera shall at its sole discretion determine whether a customer referred by you is deemed a Referred Customer. You may refer multiple Referred Customers and will receive a Reward per each Referred Customer as specified herein.

 

For the purpose of these terms:

 

“Engagement Timeframe” means a period of one hundred and twenty days (120) commencing on the date of Referral, during which your Friend must engage with Atera for payment, in order for you to be eligible for a Reward.

 

“One Time Reward” $50 Amazon gift card

 

“Reward” means $200 Amazon gift card

 

It is hereby agreed that:

 

(a) You are not entitled to receive a Reward and/or One Time Reward with regard to a Friend which is not a paying customer. For clarity, a user which is under free trial/evaluation is not deemed as a Friend.

 

(b) the Reward may be subject to Amazon’s terms and conditions.

 

(c) If there is any tax, duty, governmental charge, or other like charges levied on, or otherwise associated with, any Reward, you are solely responsible for paying it.

 

(d) Except with regard to the first Referred Customer for which you will receive the One Time Reward, you are not entitled to more than one Reward (or if applicable, set of Rewards) per the same Friend.

 

(e) Rewards may not be deemed for cash (and have no monetary value, unless stated).

 

(f) Rewards are personal to you, are non-transferable, and must not be auctioned, traded, bartered, or sold.

 

(g) Atera reserves the right to withhold Rewards in the event you have committed a breach under these Terms.

 

With regard to the first Friend who, via your Referral Link, purchased a Subscription you shall receive the One Time Reward. The One Time Reward shall be delivered to you after such first Friend payment of the first payment to Atera.

 

With regard to each of your Friends who, via your Referral Link, purchased a Subscription within the Engagement Timeframe you shall receive the Reward provided that such Friend completed a total of 90 days of paid subscription with Atera. For clarity, in case such a Friend does not meet the above payment requirements you will not receive or be entitled to receive the Reward and One Time Reward, as the case may be.

 

Subject to these Terms, the Reward and/or One Time Reward will be delivered to you via the email address provided by Referrer.

 

5. INTELLECTUAL PROPERTY

 

Atera (and/or its licensors and suppliers, as applicable) is and shall be the sole and exclusive owner of all right, title, and interest (including without limitation all intellectual property rights) in and to (a) the Program (b) the Confidential Information (defined below); and (c) any modifications, derivative works, and/or improvements of or to any of the foregoing (regardless of inventorship or authorship). You shall make, and you hereby irrevocably and unconditionally make, all assignments necessary or reasonably requested by Atera to ensure and/or provide Atera (and/or its designee(s)) the ownership rights set forth in this paragraph. No license or ownership right in or to such Intellectual Property Rights is granted or conveyed under these Terms, all of which are hereby reserved.

 

Any ideas, suggestions, inventions, or materials provided by you or on your behalf regarding the Program shall be deemed part of Atera’s intellectual property rights.

 

6. CONFIDENTIALITY

 

Any and all information disclosed by Atera to you, a Referrer, or obtained by you in respect of Atera or other Atera customers, whether in writing, orally or in any other form (“Confidential Information”), shall be held by you in absolute confidence and you shall take all necessary steps to prevent the disclosure and dissemination of such Confidential Information to any third party. You may only use Confidential Information for your own personal and non-commercial use, and solely in your capacity as a Referrer. Upon termination of these Terms or upon request of Atera, you shall either return to Atera or destroy (at Atera’s option) any information disclosed in any tangible form, and all copies thereof (on whatever physical, electronic, or other media such information may be stored) containing any of the Confidential Information.

 

7. TERMINATION

 

We may terminate these Terms and/or suspend your right to participate in the Program, at our sole discretion without notice.

 

You agree that your sole remedy, and Atera’s sole liability, for your dissatisfaction with the Program and/or these Terms, is for you to terminate your Program membership.

 

Upon termination of the Program (or, if earlier, your participation in the Program): (i) you shall immediately cease participation in the Program and engaging in any Program activities (such as sending Referrals); (ii) any unredeemed Rewards that have not yet been delivered to you shall be deemed forfeited(iii) this agreement automatically terminates between you and Atera, and (iv) you must immediately cease all access to and use of any Confidential Information, and, as directed by Atera, you must return, destroy, and/or permanently erase all Confidential Information in your possession or control. The following Sections herein shall survive termination of this Agreement: (i) any provision that ought by its nature to survive; and (ii) 5 – 9.

 

8. DISCLAIMERS AND LIABILITY LIMITATIONS

 

Except for obligations expressly undertaken by Atera under these Terms, Atera has no obligations under these Terms or otherwise in connection with the Program. ANYTHING PROVIDED OR MADE AVAILABLE BY ATERA
UNDER, OR OTHERWISE IN CONNECTION WITH, THESE TERMS OR THE PROGRAM (SUCH AS REWARDS, REFERRAL LINKS, ETC.), ARE PROVIDED AND MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, OR THAT OTHERWISE ARISE FROM A COURSE OF PERFORMANCE OR DEALING, OR USAGE OF TRADE, ALL OF WHICH ARE HEREBY DISCLAIMED. NEITHER ATERA NOR ANY OF ITS LICENSORS OR SUPPLIERS SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND WHATSOEVER (SUCH AS DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES; SUCH AS LOST PROFITS, BUSINESS, OPPORTUNITY, SAVINGS; SUCH AS LOSS OF, OR DAMAGE TO, DATA, REPUTATION OR GOODWILL) UNDER, OR OTHERWISE IN CONNECTION WITH, THESE TERMS OR THE PROGRAM. THE FOREGOING EXCLUSIONS AND LIMITATIONS SHALL APPLY: (A) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW; (B) EVEN IF ATERA HAS BEEN ADVISED, OR SHOULD HAVE BEEN AWARE, OF THE POSSIBILITY OF LOSSES OR DAMAGES; (C) EVEN IF ANY REMEDY IN THESE TERMS FAILS OF ITS ESSENTIAL PURPOSE, AND (D) REGARDLESS OF THE THEORY OR BASIS OF LIABILITY, AND WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION FOR NEGLIGENCE OR BREACH OF STATUTORY DUTY), MISREPRESENTATION, RESTITUTION, OR OTHERWISE.

 

WITHOUT DEROGATING FROM THE ABOVE, ATERA’S AGGREGATE LIABILITY UNDER, OR OTHERWISE IN CONNECTION WITH, THESE TERMS OR THE PROGRAM, SHALL BE CAPPED AT FIVE US DOLLARS (USD $5).

 

9. GENERAL

 

These Terms shall be governed by and construed in accordance with the laws of Israel, without regard to the principles of conflict of law therein. The parties consent to the exclusive jurisdiction of the courts of Tel-Aviv; (ii) if any provision of these Terms is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and if such provision is determined to be invalid or unenforceable nonetheless, the provision shall be deemed to be severable from the remainder of these Terms and shall not cause the invalidity or unenforceability of the remainder of these Terms; (iii) these Terms are the entire agreement between you and Atera regarding the subject matter herein; (iv) Atera may assign these Terms, in whole or in part, in its sole discretion. You are not entitled to assign or otherwise transfer the Terms, or any of your rights or obligations hereunder, to any third party without the prior written consent of Atera. Any unauthorized assignment will be void and of no force or effect; (v) no provisions of these Terms are intended or shall be construed to confer upon or give to any person or entity other than you and Atera any rights, remedies, or other benefits under or by reason of these Terms; (vi) all waivers must be in writing; (vii) you represent and warrant that you shall comply with all applicable laws; (viii) the relationship between you and Atera is solely that of independent contractors. You will not be considered an agent, representative, partner or employee of the Atera for any purposes whatsoever and you shall not have the right, power or authority to enter into any agreement, grant any promise, provide any warranties, or to commit Atera in any manner whatsoever.

 

If you have any further questions or require further clarification, please contact us by sending an email to support@atera.com.