Referral Program Terms and Conditions

1. Definitions

The terms used in this Agreement are as follows:

1. “Agreement” means this Referral Program Agreement and all materials referred or linked to in here.
2. “Bio-ITech” means Bio-ITech B.V. with a business address at Kieler Bocht 9e, Groningen, The Netherlands.
3. “Contact Form” means the form made available to the Referee which can be accessed via link.
4. “Customer” means the party referred by the Referee whose information was submitted via the Contact Form.
5. “Program Policies” means the policies we make available to you from time to time.
6. “Successful Referral” means the Customer who contracts with Bio-ITech for services.
7. “Referee Program” means the Bio-ITech program as described in this Agreement.
8. “Referral Reward” means the reward offered to the Referee upon completion of a Successful Referral as described in this Agreement.
9. “We,” “us,” and “our” means Bio-ITech B.V.
10. “You” and “Referee” means the party entering into this Agreement and participating in the Referral Program.

2. Eligibility

To be eligible for a Referral Reward, a Referee must (1) complete a Contact Form with Customer information and (2) a Successful Referral must have occurred. You are not eligible to receive a Referral Reward or any other compensation from us if: (1) such Referral Reward is disallowed or limited by federal, state, or local law, or regulation in the United States, Canada, or the laws or regulations of your jurisdiction; (2) the applicable Customer objects to or prohibits such reward; (3) the referral was obtained by fraudulent means, in violation of the terms of this Referral Program, or by any other means that we may determine conflict with the values of the Referral Program at our discretion. There are no limits to the amount of Customers a Referee may refer.

3. Acceptance and Validity

A Referee is only eligible for a Referral Reward upon a Successful Referral. A Successful Referral will be accepted if we determine that the Customer is (1) a new potential customer of ours and (2) not a pre-existing customer. Notwithstanding the foregoing, we may choose not to accept a referral at our reasonable discretion. We shall not pay more than one Referral Reward on any given Successful Referral for a single Customer. The Referee must refer a new customer for each eligible Referral.

4. Referral Reward

To receive a Referral Reward under this Agreement, you must have agreed to the terms of this Agreement and completed the Contact Form with Customer information.

1. Payment Type. Bio-ITech shall determine the amount and type of Referral Reward offered to the Referee. The Referee shall receive (1) a gift card from a supplier chosen by Bio-ITech in an amount to be determined by us in an amount not to exceed $100.00 US Dollars subject to availability, and (2) a donation to a charity chosen by us in an amount not to exceed $100.00 US Dollars. Referee shall be responsible for confirming expiration dates of gift card, if any.
2. Payment Method. The Referral Reward shall be paid within seven business days of a Successful Referral. The Referee can choose to receive a gift card, if available, via electronic delivery, mail, or any other method as determined by Bio-ITech.

5. Term and Termination

1. Term. This Agreement will apply for as long as you participate in the Referral Program, until terminated.
2. Termination. Bio-ITech reserves the right to terminate this Agreement at any time in its sole discretion without cause. Referee shall be paid for any Successful Referral through the date of termination. You agree that Bio-ITech will not be liable to you or any third party for any such termination.

6. Representations and Warranties

You represent and warrant that you have (1) the consent of the Customer to submit a Contact Form with their information, (2) your participation in the Referral Program will not conflict with any existing agreement.

7. Indemnification

You agree to indemnify Bio-ITech its directors, officers, employees and agents against any and all liabilities, damages, claims, expenses and losses that arise as a result of (a) your participation in the Referral Program, (b) our use of the Customer information on the Contact Form, and (c) your breach of this Agreement.

8. Disclaimers

1. Disclaimer of Warranties. Bio-ITech makes no representation or warranties about the suitability, reliability, availability, timeliness, security or accuracy of the Referral Program, Contact Form, and related information. The Referral Program is offered “AS IS” without warranty of any kind either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, and non-infringement.
2. Damages and Limitation of Liability. You agree that Bio-ITech, its affiliates and any of their respective officers, directors, employees, or agents will not be liable, whether in contract, tort, strict liability or otherwise, for any indirect, punitive, special, consequential, incidental, or indirect damages arising out of your participation in the Referral Program. Bio-ITech aggregate liability will be limited to the total Referral Reward that the Referee has earned upon a Successful Referral for the applicable Customer in the twelve month preceding the event giving rise to a claim.

9. General

1. Referral Program Policies. Bio-ITech may change the Program Policies at their sole discretion at any time in their sole discretion.
2. Amendment. This Agreement may not be amended without the written consent of Bio-ITech.
3. Applicable Law. This Agreement shall be governed by the laws of the [United States of America] and applicable federal law without regard to conflicts of laws principles. Any dispute arising out of or in connection with this Agreement shall be referred to the exclusive jurisdiction of [the United States of America].
4. Exclusivity. This Agreement does not create an exclusive agreement between the Referee and Bio-ITech.
5. Relationship Parties. Both parties agree that no joint venture, partnership, employment, or agency relationship exists between you and Bio-ITech as a result of this Agreement.
6. Severability. If any one or more of the provisions contained in this Agreement is, for any reason, held to be invalid, illegal, or unenforceable in any respect, that invalidity, illegality, or unenforceability will not affect any other provisions of this Agreement, but this Agreement will be construed as if those invalid, illegal, or unenforceable provisions had never been contained in, unless the deletion of those provisions would result in such a material change so as to cause completion of the transactions contemplated by this Agreement to be unreasonable.
7. Assignment. This Agreement cannot be assigned without the written consent of Bio-ITech.
8. Entire Agreement. This Agreement together with Bio-ITech’s Terms and Conditions and Privacy Policy shall make up the entire agreement between the parties.
9. Data Processing. Bio-ITech will comply, and cause all Referees to comply with applicable international, federal, state, provincial and local laws, rules. Regulations, directives and governmental requirements currently in effect and as they become effective relating in any way to the privacy, confidentiality, or security of personal information in accordance with ISO27001 as described in Bio-ITech’s privacy policy.