Splashtop Referral Program – Terms & Conditions (US & CAN excl. Quebec)
Last Updated: December 5, 2024
The Splashtop Referral Program (the "Program") is sponsored and administered by Splashtop, Inc. and its affiliates ("Splashtop" or “we”). The Program is governed by these terms and conditions ("Referral Terms") and further described on the website located at www.splashtop.com/referral (“Referral Site”).
In addition to the Splashtop Terms of Use (www.splashtop.com/legal/website-terms), Terms of Service (www.splashtop.com/legal/terms-of-service), and Privacy Policy (www.splashtop.com/legal/privacy-policy) (collectively, “Splashtop Terms"), as applicable, your (“you” and “your”) participation in the Program is subject to the terms set forth herein, and by clicking the “Accept” button [ALG1] when presented with these terms and/or otherwise participating in the Program (the date on which such action is first taken, the “Effective Date”), you expressly accept and agree to comply with these Referral Terms (including all Referrer and Award eligibility requirements). By entering these Referral Terms, you further agree to be bound by any decision Splashtop makes regarding the Program, including these Referral Terms, which Splashtop may make at any time, in its sole discretion, and which shall be final and binding in all respects.
Your eligibility to participate in the Program is conditioned upon your acceptance of these Referral Terms. To the extent permitted by applicable law, Splashtop reserves the right, in its sole discretion, to modify, suspend, terminate, or cancel the Program at any time by amending these Referral Terms and publishing the amended Referral Terms on its website or the Referral Site. Following any modification to the Referral Terms, your continued participation in the Program constitutes your acceptance of the amended Referral Terms and the Program as is in full force at the time said change(s) are made.
1. Definitions
A. “Award(s)” means points earned by a Referrer for each valid Confirmed Referral, in the amounts designated in Section 4 below.
B. “Customer” means any entity or individual who (i) has purchased an active subscription(s) to any Splashtop Product, including Qualifying Product (as defined below), (ii) remains in good standing as a Splashtop user (i.e., compliance with all applicable Terms of Use, Terms of Service, Privacy Policy and these Referral Terms, where applicable); and (iii) has made valid payment of all fees due to Splashtop.
C. “Confirmed Referral” means any Referral who, after submitting their contact information[ALG2] to Splashtop using a Referral Link, initiates a free trial for a Qualifying Product, as subsequently offered to them by Splashtop, and becomes a Customer by purchasing a new subscription to the Qualifying Product during the Qualifying Period.
D. “Invalid Referrer” means the following individuals and entities that are ineligible to participate in this Program: (i) employees, officers, directors, resellers, agents, affiliates (a person that directly, or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with you) and representatives of Splashtop and Splashtop’s business partners, including their affiliated companies, parents, subsidiaries, wholesalers, resellers, agents, channel partners, and advertising and promotion agencies, (collectively, “Splashtop Entities”); (ii) the immediate family members and members of the same household as any Splashtop Entity; (iii) any organization that has entered into an agreement with Splashtop for the promotion of Splashtop’s products and services to members, franchisees, or other participants in their organization; (iv) any government officials, government -owned or -controlled entities and any of their employees and affiliates, political parties, and political candidates; and (v) any individual or entity determined by Splashtop to either be in breach of these Referral Terms or are otherwise, in Splashtop’s sole discretion, abusing the Program.
D. “Invoiced Purchases” means a purchase for a new subscription to a Qualifying Product by Confirmed Referrals who separately negotiate their subscription terms with Splashtop and are billed by invoice as opposed to direct online payments.
E. “Online Purchases” means a purchase for a new subscription to a Qualifying Product by Confirmed Referrals who subscribe under Splashtop’s standard terms of sale and make payments directly online.
F. “Qualifying Period” means, as applicable, the period of twenty-one (21) days from the date a Referral starts a free trial for a Qualifying Product, as offered to each Referral who submits their contact information to Splashtop using a Referral Link.
G. “Qualifying Product” means Splashtop Remote Access (Business Access Pro or higher), Splashtop Remote Support ( SOS+10 or higher), and Splashtop Remote Support for MSPs.
H. “Referral” means an individual or entity who is a potential Customer, and to whom a Referrer has provided their Referral Link for the purpose of purchasing a new subscription to a Qualifying Product.
I. “Referral Link” means a unique Internet link generated by Splashtop that is solely associated with a Referrer’s Splashtop Account and made available on the referral dashboard of the Referrer’s Splashtop Account. Referrers may share their Referral Links with Referrals, who may submit their contact information to Splashtop and initiate a free trial in order to evaluate the potential purchase of a new subscription to a Qualifying Product.
J. “Referrer” means any company or individual that: (i) has registered and activated a Splashtop Account, (ii) accepts the Program’s Referral Terms in addition to Splashtop Terms, wherever applicable; and (iii) whose Splashtop Account, in Splashtop’s sole discretion, remains in good standing. A Referrer does not have to be an existing Customer in order to participate in the Program.
K. “Splashtop Account” means any account created on www.Splashtop.com, subject to Splashtop Terms.
2. Eligibility
To participate in the Program, you must: (A) be a citizen or permanent resident of the United States or Canada (excl. Quebec); (B) be physically located and actively domiciled in the United States or Canada (excl. Quebec); (C) be 18 years of age (or other legal age of majority specified by applicable law) or older; (D) register and activate a Splashtop Account; (E) not be considered an Invalid Referrer, as determined by Splashtop in its sole discretion; and (F) not be in violation or breach of any term(s) among Splashtop Terms or the Referral Terms.
If you are located in Quebec, Canada, you may NOT participate in the Program.
3. Limitations
A. Maximum Single Award: A Referrer can receive up to 2,500 points for each valid Confirmed Referral.
By sharing their Referral Link, a Referrer represents and warrants that they are not actively engaged in any negotiations to enter into any separate agreement with Splashtop for the marketing, sale or promotion of any Splashtop products, including Qualifying Products, and that the Referrer will not accept any Award under this Program during any active negotiations to enter into any separate agreement with Splashtop for the foregoing purposes. Each Confirmed Referral meeting the requirements of these Referral Terms shall be subject to the Invalid Referral exceptions set forth in Section 3(D) below.
To share your Referral Link online, copy your unique Referral Link generated on the referral dashboard of your Splashtop account and send your Referral Link to your Referral through one of the following options: (a) a direct email to the Referral; (b) a direct message to the Referral; (c) a social media post with your Referral Link, subject to the requirements in Section 6(C); or (d) share your Referral Link directly to a Referral.
B. Disclaimer: Splashtop is not responsible for: (i) your inability to share your Referral Link through the Internet or through any other means; (ii) your or a Referral’s entry of incorrect information; (iii) any issues associated with broken Referral Links, hardware, software, telephone, Internet, virus contamination, network, human error, electronic malfunctions, or any other technical problems; or (iv) delay, failure, or malfunction for any reason. Splashtop may refuse any Award it reasonably believes, in its sole discretion, violates applicable laws or regulations, these Referral Terms, or otherwise constitutes an abuse of the Program.
C. Invalid Referrals: The following shall be ineligible for earning Awards under the Program (“Invalid Referrals”): (i) any attempt to refer yourself; (ii) any attempt to refer an existing Customer; (iii) purchases of Qualifying Products made by a Referral after the Qualifying Period has expired; (iv) any attempt to refer a Referral whose prospective business has already been procured by Splashtop directly or through alternative means; (v) any purchase resulting from the efforts of an Invalid Referrer; and (vi) any purchase resulting from a Referrer’s use of a script, macro, or other automated means to share their Referral Link.
4. Awards
A. Awards points will be loaded directly onto a Referrer’s Splashtop Account. Points may be used to purchase gift cards through the third-party redemption platform identified below. Points for each Confirmed Referral are calculated in accordance with the following:
Online Purchases: the Referrer will receive points in an amount equal to fifty percent (50%) of the dollar value of the first online payment made by the Confirmed Referral. Referrers can earn up to 2,500 points per Confirmed Referral (e.g., a maximum of 2,500 points will be awarded for each Confirmed Referral where the first payment on the new subscription is $5,000 USD or greater).
Invoiced Purchases: the Referrer will receive points in an amount equal to twenty percent (20%) of the dollar value of the first invoiced payment made by a Confirmed Referral. Referrers can earn up to 2,500 points per Confirmed Referral (e.g., a maximum of 2,500 points will be awarded for each Confirmed Referral where the first payment on the new subscription is $12,500 USD or greater).
Accumulated points may be redeemed for a gift card using the following third-party platform:Reward Exchange (https://ak7jffzr8airc.saasquatch.app/login )
B. Award Disqualifications: An Award will be disqualified if: (i) the Referral purchases a Qualifying Product through a third party reseller, or through a method other than the conversion of a free trial (offered in connection with their submission of contact information to a Referral link) to a paid, new subscription; (ii) the Referral purchases a Qualifying Product during the Qualifying Period using an email address other than the one submitted to a Referrer’s Referral link; (iii) the Referral purchases a Qualifying Product after the Qualifying Period has expired; (iv) the Referral has browser settings that corrupt or block Splashtop’s purchase tracking; (v) the Referral is already an existing Customer; (vi) the product ultimately purchased by the Referral is not a Qualifying Product (such as Splashtop Enterprise, Splashtop Classroom, Mirroring360, Anywhere Access, Productivity Pack, Enterprise for Remote Support, etc. do not qualify for this Program); (vii) Splashtop has reason to believe the Referral is engaged in or is making a purchase in connection with an actual or suspected act of fraud or abuse; (viii) the first payment on a new subscription receives a chargeback or is otherwise refunded; (ix) the new subscription was purchased on a domain other than my.splashtop.com. All disqualified Awards will be deducted from a Referrer’s balance. Splashtop reserves the right to disqualify a Referrer from participating in the Program if their point balance goes negative.
C. Award Conditions: Subject to the Limitations set forth in Section 3 above, Splashtop will load Awards points on to a Referrer’s Splashtop Account between forty-five (45) and up to ninety (90) days from the date a Confirmed Referral is verified by Splashtop. Award(s) are non-transferable, have no cash redemption value, and may not be applied retroactively. Splashtop provides no warranty whatsoever for theft, loss, or any other circumstances preventing or impeding the use of any Award(s) on the third-party redemption platform, including issues pertaining to overall accessibility and/or functionality. Awards are subject to the third-party redemption platform’s separate terms and conditions, as well as the terms and conditions of any chosen third-party retailer(s) for whom you have redeemed a gift card.
If a Referrer is located in a country where they cannot receive or otherwise redeem Awards, Splashtop is not, under any circumstances, obligated to provide an alternative award. In such circumstances, the Referrer may be required to forfeit any or all accumulated Awards, with no liability or obligation whatsoever by Splashtop to otherwise compensate the Referrer.
To the extent permitted by applicable law, you acknowledge that Splashtop may change Awards under this Program at any time, at its sole discretion, without notice to you or any third party. Splashtop is not affiliated with or endorsed by the third-party redemption platform from whom Referrers may redeem gift cards using Awards. The third-party issuer’s gift card availability and separate terms and conditions apply and may differ based on location, subject to availability.
You expressly agree and acknowledge that by participating in the Program, you consent to Splashtop providing your contact information, such as your email, to the third-party redemption platform for the purpose of redeeming your Awards points, and that you may further receive emails or text messages from the third-party platform solely in connection with any redemption of your Awards points.
5. Taxes
REFERRER IS SOLELY RESPONSIBLE FOR ALL APPLICABLE TAXES ASSOCIATED WITH ANY AWARD AND PAYMENT THEREOF. Referrer agrees to cooperate with Splashtop upon reasonable requests for purposes of Splashtop’s compliance with applicable tax law(s). Additionally, Referrer is solely responsible for all incidental expenses and all other costs and expenses Referrer incurs in relation to or arising out of participation in the Program.
6. Conditions, Representations, and Warranties
A. Representations and Warranties: You represent and warrant that: (i) your Referrals are located in the US; (ii) by submitting a Referral, you have all of the necessary rights, given all necessary notices, and received explicit, informed, written consent from the Referral to send a Referral Link to the Referral, as applicable; (iii) that your Referral contacts are eighteen (18) years of age (or other legal age of majority specified by applicable law) or older; (iv) unless otherwise prohibited by applicable law, Splashtop shall be authorized to use, analyze, modify and publish your name and any other information provided by you in Splashtop's sole discretion, including without limitation publication in its marketing and promotional materials or website; (v) you will not submit to your Referral Link any personal and/or contact information of any person or entity without their express knowledge and consent; notwithstanding the foregoing, if you are located in Canada (excluding Quebec), you expressly agree that you will not submit the personal and/or contact information of any other person, regardless of their consent for you to do so; (vi) Splashtop is authorized to contact you and your Referrals regarding Splashtop offerings, products, and services; (vii) Splashtop is authorized to contact you regarding the status of your Referrals; and (viii) your participation and activities in the Program and acceptance and use of Awards does not violate any applicable laws, your employer’s policies, or any other duties or obligations you owe to your employer.
B. Prohibited Uses of the Program: You may only use the Program in good faith and in compliance with these referral Terms, as well as all applicable laws and regulations. You must not participate in the Program if it is prohibited in the jurisdiction where you reside. You agree not to do any of the following in connection with the Program: (i) creating for yourself, or assisting others in the creation of multiple, duplicate, fake and/or fraudulent Splashtop Accounts with the intent of submitting chargebacks and/or other attempts to obtain a refund from Splashtop after earning Awards; (ii) entering the information of any other person or entity into your own Referral Link without their consent (excluding those located in Canada, where in such case entering the information of any other person is prohibited regardless of whether you have obtained consent to do so) or referring contacts or sending your Referral Link to persons that you do not know personally in a manner that Splashtop believes, in its sole discretion, constitutes spam or unsolicited or otherwise undesirous communications, which may disqualify you from participation in the Program; (iii) bulk email distribution of Referral Link(s) to persons you do not know, including sharing Referral Link(s) on websites or on social media with recipient(s) you do not know, or any other sharing or promotion of a Referral Link in a manner that (in Splashtop’s sole and absolute discretion) may constitute or appear to constitute unsolicited commercial communications or “spam”; (iv) impersonating any person or otherwise misrepresenting your relationship to or with Splashtop; (v) sending Referral Links to persons under the age of eighteen (18) (or other legal age of majority specified by applicable law) to participate in the Program, or attempting to participate in the Program while being under the age of eighteen (18) (or other legal age of majority specified by applicable law); (vi) transmitting any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (e.g. “spamming”); (vii) interfering with or disrupting any servers, networks, or systems connected to the Program; (viii) doing anything that harms or damages, or may harm or damage, the brand, goodwill, or reputation of Splashtop or any service providers that assist Splashtop with providing the Program; (ix) transmitting any file that contains viruses, worms, Trojan horses, or any other contaminating or destructive features; (x) using any automated system, script, or macro to participate in the Program; (xi) infringing the intellectual property rights of Splashtop, its service providers, or any third parties; (xii) stalking, harassing, or harming any other individual; (xiii) referring to yourself, or any company you represent, or referring a company that has hired you or a company you represent, to provide consulting, systems integration, or advice regarding any Qualifying Product or other similar service; (xiv) using the Program in any way that Splashtop (in its sole and absolute discretion) considers to be unreasonable, excessive, or in bad faith; or (xv) using the Program in any way that breaches any applicable local, national, or international law or regulation, or that is in any way unlawful, fraudulent, or wrongful, or has any unlawful, fraudulent, or wrongful purpose or effect.
C. Social Media: You are responsible for ensuring that your posts on any social network comply with this Program, the terms of use of that network, and any other applicable laws, statutes, and regulations. If you post your Referral Link on any social network (such as Facebook, Twitter, Instagram, Tik Tok, Pinterest, LinkedIn, or similar platforms), you must disclose that the link is a “referral” and that the post is not directly sponsored by Splashtop. For example, the following language is recommended:
"This post contains a referral link but is not directly sponsored by Splashtop. I am NOT an agent or employee of Splashtop. Any and all statements or opinions made in reference to any Splashtop product(s) are my own.”
D. Splashtop Account Management: Referrers are responsible for maintaining the confidentiality of their sign-in credentials and are fully responsible for all activities that occur in connection with their account or their Referral Link. Referrer agrees to notify Splashtop immediately if it believes the confidentiality of their sign-in credentials has been compromised or if they suspect unauthorized use of their Splashtop Account. Splashtop is not responsible for Referrer’s failure to comply with this clause, or for any delay in shutting down a Splashtop Account after it has been reported for breach of security.
E. Regulatory Compliance: You represent and warrant that you shall (i) comply with all applicable laws relating to anti-bribery and anti-corruption (“Bribery Laws”), including but not limited to the United States Foreign Corrupt Practices Act (“FCPA”); (ii) not engage in any activity, practice, or conduct which would constitute an offense under the FCPA regardless of where such activity, practice, or conduct has been carried out; (iii) immediately notify Splashtop in writing if you learn or suspect that you are being investigated by any law enforcement agency in relation to corrupt practices or any breach of Bribery Laws in connection with your activities hereunder; and (iv) not do, or omit to do, any act that will cause or lead Splashtop to be in breach of any Bribery Laws. Without limiting the generality of the foregoing, you will not share your Referral Link with any entity or person for whom you have been retained to provide consulting, systems integration, or business advice to a governmental entity or a prime or subcontractor under a governmental contract. You shall make all required disclosures to any actual or potential customers or consumers, including government (including local government) customers, education end users, and customers purchasing products or services that will be reimbursed under a government program or grant, in each case, describing all potential Awards you may claim under the Program. You certify that (a) you are not a government entity, (b) you have not accepted any Awards under the Program to the extent that they relate to your performance of a government contract requiring you to provide neutral or unbiased advice to the government with respect to the types of technology products and solutions provided by Splashtop, and (c) your acceptance of Awards under the Program shall not violate any government rules or regulations, including those relating to conflicts of interest or kickbacks. You further acknowledge and agree that Splashtop may elect to withhold or delay any Award to which you may be otherwise entitled hereunder (1) if Splashtop develops a reasonable suspicion that any part of this certification was or has become inaccurate, (2) if you or Splashtop becomes the target of any government action or investigation in any way relating to the Program, or (3) Splashtop decides in its sole discretion to discontinue the Program due to a change in the regulatory environment.
F. Indemnification: You hereby agree to release, indemnify and hold harmless Splashtop and all Splashtop affiliated entities from any and all losses, liabilities, claims, damages, and expenses (including, without limitation, collection fees, court costs, and reasonable attorneys' fees) in the event that you breach this Section 6, or otherwise violate these Referral Terms.
7. Conduct; Compliance
A. Disqualifiers: Splashtop reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the Program, or suspects of fraud, abuse, or breach of the Referral Terms of this Program (“Disqualifier”). Splashtop reserves the right to seek any and all damages for any Disqualifier attempted by you to the fullest extent permitted by law, including without limitation all attorney’s fees.
B. Compliance: Splashtop complies with the Federal Trade Commission's 16 CFR Part 255 "Guides Concerning the Use of Endorsements and Testimonials in Advertising", the Privacy and Electronic Communications (EC Directive) Regulations 2003, and other applicable law. Splashtop reserves the right to terminate your Splashtop Account, deactivate any relevant Referral Link(s), and to require you to stop sharing the Referral Link(s) in any manner not permitted by applicable law.
C. Verification of Compliance: You agree to provide all reasonable information, cooperation, and assistance that Splashtop requests in connection with any review or assessment of your compliance with these Referral Terms.
8. LIMITATIONS OF LIABILITY
A. DISCLAIMER: TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, SPLASHTOP AND ITS AFFILIATES DISCLAIM ALL GUARANTEES AND/OR WARRANTIES, EXPRESS OR IMPLIED WITH RESPECT TO THE PROGRAM OR THIRD-PARTY GIFT CARDS, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
B. EXCLUDED DAMAGES: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SPLASHTOP OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES WHETHER ARISING UNDER CONTRACT, WARRANTY, OR TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR ANY OTHER THEORY OF LIABILITY EVEN IF SUCH PARTY HAS BEEN INFORMED IN ADVANCE OF SUCH DAMAGES OR SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN. SPLASHTOP'S TOTAL CUMULATIVE LIABILITY UNDER THIS AGREEMENT FOR ANY AND ALL DAMAGES, REGARDLESS OF THE FORM OF THE ACTION, SHALL BE LIMITED AND CAPPED IN ITS ENTIRETY AT ONE HUNDRED DOLLARS (USD $100.00).
9. Term; Termination
A. Term: The term of this agreement between Splashtop and you will commence on the Effective Date and will remain in effect until terminated under this Section 9. Any notice of termination of this agreement by either party to the other must include an effective date of termination ("Termination Date") that complies with the notice periods in this Section 9.
B. Termination: You may terminate this agreement for any reason by providing us notice and closing your Splashtop Account. We may terminate this agreement with you, as well as your right to participate in the Program, at any time, for any reason, with or without cause, and without providing any additional benefit equivalent to the points value you have or would have earned in Awards. We may also terminate this Program with no obligation to provide notice to you (i) if our relationship with a third-party partner who provides products, software, or other technology we use to run the Program expires, terminates, or requires us to change the way we run the Program or (ii) in order to comply with the law or requests of governmental entities.
C. Effect of Termination: Upon the Termination Date, (i) all your rights under this agreement immediately terminate; and (ii) Sections 1, 3(B), 5, 6(D), 6(F), 8, 9(C), and 10 will continue to apply in accordance with their terms.
10. General
A. Governing Law and Venue: This Program and Referral Terms shall be governed by the laws of California without giving effect to its rules on conflicts of laws, and the parties to this agreement consent to the exclusive jurisdiction of the state and federal courts of Santa Clara County, California.
B. Severability: If any provision of this Program or Referral Terms is deemed to violate any law, rule, or regulation, it shall be amended to conform to such law, rule, or regulation or, if it is not capable of being amended to conform, stricken, and all other provisions shall remain in full force and effect.
C. Intellectual Property: The use of certain third-party products and services as Awards does not imply participation in, or approval of, this Program by such third-party product or service providers. This Program is sponsored and administered exclusively by Splashtop and is in no way sponsored, endorsed, administered by, or associated with Facebook®, Instagram®, Tik Tok®, LinkedIn®, Twitter®, Pinterest® or any other social media platform referenced herein, or which may be used by any Referrer to share a Referral Link.
D. Privacy Policy: Personal information submitted for this Program will be subject to Splashtop's Privacy Policy, as amended from time to time. You acknowledge that Splashtop may provide relevant personal information, including your name and address, about you to third parties solely to the extent necessary for you to redeem Award points on the designated third-party platform. Personal information submitted to this Program by you, or any other party, will be processed in accordance with Splashtop’s Privacy Policy.
E. Contact Us: If you have any questions, you may contact us at referral@splashtop.com.