Mobrium Referral Program Terms
These Mobrium Partnership Program Terms (these "Terms") govern your participation in the Mobrium Partnership Program (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
- "Mobrium Client" means any business with a current paid Mobrium subscription.
- "Participant" means you and anyone else who makes a Referral or otherwise participates in the Mobrium Partnership Program.
- "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 may include, but are not limited to: a former Mobrium client, a referral previously referred, or an organization Mobrium has previously had sales conversations with independent of the referral.
- "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 a Mobrium employee or a Mobrium channel or other business partner. Owners, operators, and employees of a business may not refer their own businesses as Referrals.
Please allow 7 business days for processing to receive confirmation if your application is approved. Mobrium can approve or deny any application in its sole discretion. Only approved Participants are eligible to participate in the Mobrium Partner Program.
Program application is available at the bottom of this page.
Referral Submission Program Overview
The Partnership Program provides Participants the opportunity to earn commission payments as described below as part of their participation in the Partnership Program. The Partnership Program 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 that signs up for a paid Mobrium subscription, Mobrium shall pay commission(s) to the Participant as outlined in the Commission Table below. Commission payments 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. 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
| # of Subscription-Enrolled Employees | Bronze | Silver | Gold |
|---|---|---|---|
| 1–4 activated referrals | 5–9 activated referrals | 10+ activated referrals | |
| 0 – 500 | $100 | $200 | $300 |
| 501 – 2,000 | $200 | $300 | $400 |
| 2,001 – 5,000 | $300 | $400 | $800 |
| 5,001 – 10,000 | $400 | $800 | $1,200 |
| 10,001 – 30,000 | $800 | $1,200 | $1,600 |
| 30,001 – 50,000 | $1,200 | $1,600 | $3,000 |
| 50,001 – 100,000 | $1,600 | $3,000 | $4,000 |
| 100,001 – 250,000 | $3,000 | $4,000 | $6,000 |
| 250,001 – 500,000 | $4,000 | $6,000 | $8,000 |
| 500,001+ | $6,000 | $8,000 | $10,000 |
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. 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. To learn more about Mobrium's giving back initiatives, visit: mobrium.com/smiles.
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. 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 not to use the Referral Program to:
- Violate the intellectual property rights of Mobrium or any other third party.
- Engage in any actions that are designed to disrupt or undermine the Referral Program.
- Make attempts to gain unauthorized access to Mobrium products, services, or the Referral Program.
- Transmit files that contain bots, viruses, worms, Trojan horses, or any other file that could contaminate or destroy Mobrium intellectual property or stop the function of Mobrium products or services.
- Engage in behavior designed to annoy or harass others.
- Engage in actions that disparage, malign, or call into question Mobrium's reputation.
- Engage in spam or violate applicable law. You represent and warrant that you will only send a text or email invitation to individuals who have provided the necessary consent to receive such communications.
The following specific activities are also prohibited:
- Mass emailing and messaging people you do not personally know.
- Use of automated systems or bots through any channel to generate Referrals.
- Use of scripts or similar programmed dialers to generate Referrals.
- Soliciting Referrals on event or venue pages without express permission from the event or venue owner.
You agree not to engage in misrepresentation. In particular, you will not:
- Impersonate any person or entity.
- Create fake accounts, blogs, webpages, profiles, websites, links, or messages.
- Misrepresent your relationship with Mobrium or any other third party, including by creating content that could lead a consumer to believe it is an official communication from Mobrium.
- Suggest that an affiliation or partnership exists with a third party where none exists.
- Make misrepresentations with respect to the characteristics or qualification requirements for any Commissions and/or Donations.
Disclaimer
Limitation of Liability
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.