Last updated: 3/13/2025

These Mobrium Partnership Program Terms (these “Terms”) govern your participation in the Mobrium Partnership Program, as more fully described below (the “Partnership Program”). By submitting a Referral or otherwise participating in the Partnership Program, you agree to these Terms, which are an agreement between you and Almost Five Star LLC (dba Mobrium), a Utah limited liability company (“Mobrium“). Mobrium reserves the right to amend the Terms and modify (including terminating) the Partnership Program from time to time at its discretion.

You will not have the authority, expressed or implied, to make any commitment or incur any obligation(s) on behalf of Mobrium other than those expressly set forth in these Terms.

Definitions

1. "Mobrium Client" means any business with a current paid Mobrium subscription.
2. "Participant" means you and anyone else who makes a Referral or otherwise participates in the Mobrium Partnership Program.
3. "Referral" means a business entity referred to Mobrium by you directly as a prospective Mobrium Client in accordance with the processes set forth in these Terms. Mobrium reserves the right to determine in its sole discretion whether a business entity is deemed a Referral. Refusals of a referral may include, but is not limited to, the following: A former Mobrium client, a referral previously referred, an organization Mobrium has previously had sales conversations with independent of the referral.
4. "Referral Portal" means the portal through which Participants submit the contact information for Referrals.

Referral Program Eligibility

To be eligible for participation in the Referral Program, you must (a) be located in the US, (b) agree to comply with these Terms, and (c) not be an Mobrium employee or a Mobrium channel or other business partner. Owner, operators, and employees of a business may not refer their own businesses as Referrals.

Apply for participation in the program HERE.

Please allow 7 business days for processing to receive confirmation if the application is approved or not. Mobrium can approve or not approve an application, in its sole discretion. Only approved Participants are eligible to participate in the Mobrium Partner Program.

Referral Submission Program Overview

The Partnership Program is offered by Mobrium and, subject to these Terms, provides Participants the opportunity to participate in earning commission payments as described below (collectively “Commissions”) as part of their participation in the Partnership Program. These Terms apply to all Participants, so please read carefully to understand your respective rights and obligations. The Partnership lProgram is available to Participants located in the United States only.

To provide a Referral, a Participant must submit a form online via the Referral Portal provided directly to approved Participants or by otherwise submitting a Referral to Mobrium in a manner that Mobrium deems sufficient, in its sole discretion.

For each Referral made by Participants that signs up for paid Mobrium subscription services, Mobrium shall pay commission(s) to the Participant as outlined below in the Commission Table. Commission payments to Participants are awarded after the Referral completes 3 months of paid services. Commission amount is determined by two factors: 1. The total number of employees the Referral enrolls in Mobrium subscription services at the time of enrollment, and 2. The total number of activated Referrals made by the Participant as listed in the Commission Table. Commissions are one-time payments per activated referral. Participants may elect to forfeit commissions at their sole discretion and have no claim on commissions after electing to forfeit commission payment(s).

Commission Table

Charitable Donations

For each Referral that results in an attended sales call made by Participants, Mobrium, at its sole discretion, may make a charitable donation of its choosing (each, a “Donation”) or elect, at its sole discretion, to allow the Participant to choose a charitable donation from provided options. Descriptions of the types of Donations that Mobrium is currently making are available at mobrium.com/giveback. Mobrium may provide Participants with notice of any Donation made as a result of their Referrals. Participants do not receive any tax benefit from any Donation.

Participant Discounts

Program participants will have exclusive access to offer discounts for Mobrium services and products at the sole discretion of Mobrium. Mobrium may change the characteristics of these discounts at any time and for any reason at its sole discretion. Currently available discounts will be communicated directly to program participants from Mobrium. Mobrium will honor past approved discounts extended by Participants to Referrals until new information has been delivered via email to the Participant’s primary contact. Mobrium will not honor any unauthorized discount(s) extended by a Participant to a Referral.

Participant’s Code of Conduct

To participate in the Referral Program, Participants must not engage in any activity that could be considered harassment toward other users. Participants agree to not use the Referral Program to:

1. Violate the intellectual property rights of Mobrium or any other third party;
2. Engage in any actions that are designed to disrupt or undermine the Referral Program;
3. Make attempts to gain unauthorized access to Mobrium products or services or the Referral Program for any reason;
4. Transmit files that contain bots, viruses, works, Trojan horses, or any other file that could contaminate or otherwise destroy Mobrium intellectual property or stop the function of Mobrium products or services;
5. Engage in behavior designed to annoy or harass others;
6. Engage in actions that disparage or malign or call into question Mobrium's reputation;
7. Engage in spam or violate the law. You agree that you will at all times remain compliant with all applicable laws. In particular, you represent and warrant that you will only send a text or email invitation to individuals who have provided you the necessary consent to receive such texts and or emails.
   In particular, the following specific activities are prohibited:
   7.1 Mass emailing and messaging people you do not personally know;
   7.2 Use of automated systems or bots through any channel to generate Referrals;
   7.3 Use of scripts, or similar programmed dialers to generate Referrals; and
   7.4 Solicit Referrals on event or venue pages without express permission from the event or venue owner.
8. Engage in misrepresentation. You will not attempt to mislead anyone in connection with the Referral Program, either by affirmative representation, implication, or omission. In particular, you agree that you will not:
   8.1 Impersonate any person or entity;
   8.2 Create fake accounts, blogs, webpages, profiles, websites, links, or messages;
   8.3 Misrepresent your relationship with Mobrium or any other third party, including without limitation by creating content or communications that could have the effect of leading a consumer to believe that it is an official communication from Mobrium;
   8.4 Suggest that an affiliation or partnership exists with a third party where none exists.
   8.5 Make misrepresentations with respect to the characteristics or qualification requirements for any Donations. You acknowledge that Mobrium may change the characteristics or qualification requirements for any Donations in its discretion, and therefore you shall not represent any fixed characteristics.

Disclaimer

MOBRIUM WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THESE TERMS UNDER ANY CIRCUMSTANCE. 

MOBRIUM MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING MOBRIUM OR ITS PRODUCTS AND SERVICES. ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED.

Limitation of Liability

MOBRIUM WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THESE TERMS UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, IN NO EVENT SHALL MOBRIUM’S CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THESE TERMS, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED $100.

Indemnification

By participating in the Referral Program, you agree to indemnify, defend, and hold harmless Mobrium and its officers, directors, employees, consultants, affiliates, subsidiaries, and agents from and against all taxes, losses, damages, liabilities, costs, and expenses, including attorneys’ fees and other legal expenses, arising directly or indirectly from or in connection with: (a) any failure by you to comply with these Terms or any applicable laws, rules, and regulations during your participation in the Referral Program, (b) any violation or claimed violation of a third party’s rights resulting from your participation in the Referral Program; or (c) any negligence or willful misconduct arising out of your participation in the Referral Program.

Miscellaneous

Each party shall be deemed to be independent contractors with respect to the subject matter of these Terms, and nothing contained in these Terms shall be deemed or construed in any manner as creating any partnership, joint venture, employment, agency, fiduciary, or other similar relationship. These Terms shall be governed by and construed in accordance with the laws of the State of Utah, excluding its conflicts of law rules, and any dispute between the parties related to the subject matter of these Terms will be resolved by binding arbitration in the English language in Salt Lake City, UT under the rules of JAMS; the decision of the arbitrator will be enforceable in any court. These Terms represent the entire agreement between Mobrium and you, and shall supersede all prior agreements and communications of the parties, oral or written. If any provision of these Terms is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of these Terms shall have full force and effect.

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