Referral Program

BOOMTIME REFERRAL BONUS PROGRAM

boomtime has developed a rewards program (“Referral Bonus Program”) with two reward levels and different reward options provided in exchange for the Client’s referral of new business customers to boomtime. boomtime agrees to provide Client a referral fee in exchange for the Client’s referral of a new business customer to boomtime, pursuant to the following terms and conditions:

SECTION 1 - REFERRAL BONUS PROGRAM DETAILS

Referral Level 1: Client must fill out and submit a Referral Form for each new business customer to be referred to boomtime (herein, called a “New Customer”). The Client’s electronic submission to boomtime Sales of the Referral Form identifying the name/contact information of a New Customer will entitle the Client to receive a $50.00 Visa gift card. The gift card will be electronically delivered to Client within thirty (30) days of the Client’s electronic submission of the Referral Form.

Referral Level 2: Should any New Customer referred by the Client sign a contract with boomtime within sixty (60) days of the Client’s referral, the Client will also be eligible to receive an additional fee (“Level 2 Reward”). The Client may elect one of the following two options:

a. Option 1 - Cash Payment: Client may elect to receive a $500.00 payment for each New Customer that signs a contract with boomtime as identified in subpart b above. This payment will be made within thirty (30) days of the date Client provides written notice to boomtime Sales that Client elects this option; OR

b. Option 2 - Charity Donation: Client may elect boomtime make a $600.00 donation to the Client’s choice of charity from boomtime’s approved charity list. Client must notify boomtime of the client’s selection of this option by selecting it and provide a selected charity. boomtime will make the donation to the selected charity within thirty (30) days of Client’s written notice.

SECTION 2 - TERMS AND CONDITIONS

1. Referral Bonus Program Term. boomtime’s Referral Bonus Program identified herein is an optional program implemented by boomtime as a way to say “thank you” to its clients who encourage new clients to join the boomtime family. Accepting the terms and conditions herein will entitle the Client to the bonuses identified above with respect to that individual referral only. The Referral Bonus Program may be revised, modified, or canceled at any time, with or without notice, at boomtime’s sole discretion.

2. Restrictions and Exclusions. The referral bonus(es) identified herein are not available for former boomtime clients, unincorporated entities, and New Customers that are not deemed valid leads for boomtime, which will be assessed at boomtime’s sole discretion. Clients may not use the Program to violate any law, infringe, or violate any rights of any third party, or otherwise act in a manner that is in violation of law. Client shall not assign or transfer any of its rights or obligations under the Program without the prior written consent of boomtime. The prices, terms, and conditions under which boomtime offers or sells any products or services shall be determined by boomtime at its sole discretion. boomtime shall have the authority to control all discussions and negotiations regarding any proposed or actual offering or sale of any products or services. Nothing in the Referral Bonus Program shall obligate boomtime to actually offer or sell any products or services or consummate any transaction with any referred clients. boomtime may terminate any negotiations or discussions at any time and has the right not to proceed with any sale of products or services without any liability or obligation to pay bonus to Client under Referral Level 2. boomtime introduces this Referral Bonus Program in good faith and expects the same good faith in return. boomtime may withhold awards where it reasonably believes the use of the Referral Bonus Program has not been done in good faith or otherwise for a use contrary to the intent of this Program.

3. No Employment or Other Relationship. This Referral Bonus Program is not intended to create an employment association, partnership, joint venture, or agency relationship between Client and boomtime. Client shall be solely responsible for all costs or expenses that it may incur in the performance of any activities under this agreement. Client has no authority (and shall not hold itself out as having authority) to bind boomtime and shall not make any agreements or representations on boomtime’s behalf. boomtime will not be responsible for withholding or paying any income, payroll, Social Security or other federal, state, or local taxes, making any insurance contributions, including unemployment or disability, or obtaining worker’s compensation insurance on Client’s behalf. Client shall be responsible for, and shall indemnify boomtime against, all such taxes or contributions, including penalties and interest, if any.

4. Tax Implications. The value of this Program may result in miscellaneous income received from boomtime and boomtime may be required to send Client, and file with the IRS, a Form 1099-MISC and/or 1099-NEC for the year in which Client participates and is awarded the benefits of the Program. Client is solely responsible for any and all tax liability related to participating in the Program. Please consult your personal tax advisor if you have any questions about how this could affect your taxes.

5. No Exclusivity. This Referral Bonus Program shall not be construed to be a commitment by either of the parties to work exclusively with one another regrading referrals of potential new business or any other business activities.

6. Disclaimer of Warranties, Limit of Liability, and Indemnification. Client understands and agrees use of the Referral Bonus Program is at Client’s own risk, is provided on an “as is” and “as available” basis and boomtime expressly disclaims all warranties, conditions, and terms of any kind, whether express or implied by statute, common law or custom, including but not limited to warranties as to products or services, implied warranties of merchantability, satisfactory quality, fitness for a particular purpose and non-infringement. Client agrees Client shall indemnify, hold harmless, and defend boomtime, and any of its directors, officers, and shareholders, against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kinds, including reasonable attorney fees, fees and costs of enforcing any right to indemnifications under this Referral Bonus Program awarded against boomtime arising out or resulting from any claim of a third party related to its obligations under the Referral Bonus Program. boomtime shall not be liable for any indirect, special, consequential, or punitive damages (including lost profits) arising out of or relating to the Referral Bonus Program or the transactions it contemplates (whether for breach of contract, tort, negligence, or other form of action) and irrespective of whether boomtime has been advised of the possibility of any such damage, to the fullest extent provided by applicable law. In no event shall boomtime be liable for damages exceeding $500.00.

7. Privacy. Client understands and agrees that the non-sensitive information about the Client may be shared with the referred client as a result of the Client’s use of the Referral Bonus Program.

9. Entire Agreement. This document constitutes the entire understanding and agreement between the parties with respect to the Referral Bonus Program terms and conditions herein, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter.

10. Severability. If any provision of this Referral Bonus Program is, to any extent, ruled invalid or enforceable by a court of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions (or the application of such term, provision or condition to persons or circumstances other than those that are invalid or unenforceable) shall not, in any way, be affected or impaired and each and every other term, provision and condition shall remain enforceable to the fullest extent permitted by law.

11. Governing Law and Jurisdiction. To the extent permitted by applicable law, all matters arising out of or relating to the Referral Bonus Program are governed by, and construed in accordance with, the laws of the State of New Mexico without giving effect to any choice or conflict of law provision or rule (whether of the State of New Mexico or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of New Mexico.

12. Dispute Resolution. To the extent permitted by applicable law, Client agrees that all disputes between Client and boomtime arising out of or relating to the Referral Bonus Program will be resolved as follows.
a. If a dispute arises out of or related to the Referral Bonus Program, Client must notify boomtime in writing of the same within thirty (30) days of the same. Written notice must be provided by email to sales@boomtime.com.
b. Upon such written notice, the parties will confer in good faith to resolve the dispute.
c. If the dispute cannot be settled through informal negotiation, the parties shall try in good faith to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to binding arbitration.
d. Any unresolved controversy or claim arising out of or relating to the Referral Bonus Program shall be ultimately settled by mandatory, binding arbitration. Unless otherwise mutually agreed by the Parties in writing, the mandatory, binding arbitration shall be administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
e. The prevailing party in the mandatory, binding arbitration described herein shall be entitled to recover its costs and reasonable attorney’s fees from the other party. The parties agree Bernalillo County, New Mexico is the proper venue for any litigation, claim, or proceeding arising out of or relating to this Referral Bonus Program in accord with the foregoing provisions.

13. Electronic Signatures. It is agreed that electronic signatures, whether digital or encrypted, of the parties included in the Referral Bonus Program are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic signature means any electronic sound, symbol, or process attached to or logically associated with a record and executed and adopted by a party with the intent to sign such record, including facsimile or email electronic signatures.