Referral and Affiliate Program

DonorDock Referral Program Terms of Service

Please follow these common sense rules for participation in our Referral Program.

Self-referrals are not allowed. Cheating will get you permanently banned from our referral program.
We reserve the right to disqualify rewards earned through fraudulent, illegal, or abusive methods.
As a general rule, We will only count referrals on links that are automatically tracked and reported by our system. Typically, we will not credit a referral if someone says they signed up or someone says they entered a referral code and it was not tracked by our system.
We reserve the right to change the terms of service for our referral program at any time.
You may not use our referral program for any illegal or unauthorized purpose. You must not violate any laws in your jurisdiction.

***Legal Terms***

This Participant Agreement is a separate agreement from the agreement that DonorDock has with its end users. (as may be modified by DonorDock from time to time, "DonorDock End-User License Agreement"). For convenience and consistency, however, the definitions of certain terms related to our products and services (namely Software, Hosted Services, Products, and Authorized Users) will be the same as those in the DonorDock End-User License Agreement.

1.Referral Requirements

The participant will receive a referral link to share referrals. the referral link uses cookies to attempt to track users who have been referred by you.

2. Limited Right to Refer

Subject to this Participant Agreement, we grant you a one-time, non-exclusive, non-transferable right to refer the DonorDock product to the end-users, solely for use by such end user in accordance with the DonorDock End-User License Agreement.

3. Enforcement of DonorDock End-User License Agreement

3.1. End User Terms.  All use of the Products by end users is subject to the DonorDock End-User License Agreement, and you may not purport to impose any other terms pertaining to their use of the Products.

4. Limited Identification as Participant

Subject to this Participant Agreement, you are permitted to identify yourself as a DonorDock "Participant" solely in connection with your referral of Products. You may use any DonorDock trademark, logo or service mark (collectively, the "DonorDock Marks") for the sole and exclusive purpose of promoting the Products and relationship with DonorDock. DonorDock retains all rights, title, and interest in and to all DonorDock Marks. All goodwill arising from your use of DonorDock Marks inures to the benefit of DonorDock. Notwithstanding anything in this Agreement, no party will make any claims, representations or warranties on behalf of the other party or bind the other party, and neither party is authorized to do so by this Agreement. Neither party will have the right, power or authority to bind or create any obligation, express or implied, on behalf of the other party.

5. Feedback

If you provide any feedback, comments, suggestions, ideas, description of processes, or other information to us about or in connection with the Products or our Participant program, including without limitation any ideas, concepts, know-how or techniques contained therein ("Feedback"), then you grant us a worldwide, royalty-free, non-exclusive, perpetual and irrevocable license to use, copy, modify and otherwise exploit the Feedback for any purpose, without any compensation to you or any restriction or obligation on account of intellectual property rights or otherwise. For clarity, no Feedback will be deemed your Confidential Information, and nothing in this Participant Agreement (including without limitation Section 11 (Confidentiality)) limits DonorDock's right to independently use, develop, evaluate, or market products, whether incorporating Feedback or otherwise.

6. No Use Rights

Only the end-user customer of the Products (and its Authorized Users) may use the Products. You are not permitted to use any Products used for referrals under this Participant Agreement for your own benefit or otherwise. To the extent that you nevertheless gain any access to the Products, all license restrictions in the DonorDock Customer Agreement apply to you. You acknowledge that you are obtaining only a limited right to refer the Products to end-users and that irrespective of any use of the words "purchase," "sale" or like terms hereunder, absolutely no ownership rights are being conveyed to you under this Participant Agreement or otherwise.

7. DonorDock Intellectual Property; Ownership of Proprietary Rights

All DonorDock intellectual property, including, but not limited to, the Dashboard, Software, Products, and any developments thereof, shall remain the property of DonorDock. You will comply with any trademark usage guidelines that DonorDock may communicate to you from time to time. You shall acquire no other right, title or interest in DonorDock’s intellectual property as a result of its performance hereunder, and you expressly waive and disclaim all right, title, and interest in DonorDock’s intellectual property. The DonorDock product is and will remain the exclusive property of DonorDock, and its lawful successors and assigns. You acknowledge that DonorDock’s Software, Hosted Services, and Products constitute valuable trade secrets of DonorDock, or its licensor, if any, and hereby agrees not to disclose or use them for any purpose not expressly authorized by this Agreement, and agrees to use best efforts to maintain them in the strictest confidence. You shall not decompile, disassemble, or reverse engineer DonorDock’s Software, Hosted Services, and Products, or any components. Nothing contained in this Agreement shall be deemed to create any exclusive rights in favor of you whatsoever, including, without limitation, with respect to DonorDock’s intellectual property.

8. Participant Benefits

For any subscriptions attributed to you as a Participant, you will earn a 10% commission of the total monthly subscription price for each month that the customer maintains an active subscription for a period not to exceed 12 months. For clarity and removal of doubt, you may earn commissions on a referral for up to 12 months. If this Agreement is terminated pursuant to Section 10, you will no longer earn, and will no longer be paid, commissions.

Commissions will be calculated based on the net subscription price. Commissions are paid quarterly via check or ACH from DonorDock to the Participant.

Only sales originating from a registered vanity URL that is provided by DonorDock will be eligible for commissions. In other words, you must use the registered vanity URL from DonorDock in order to earn commissions.

9. Participant Obligations and Liability

9.1. End User Relationships; Business Practices. You agree not to represent yourself as an agent or employee of DonorDock and agree that we will have primary control over any end user communication regarding the Products upon activation of a subscription. You will not make any representations regarding DonorDock, on DonorDock’s behalf, or about any Products. You agree not to engage in any deceptive, misleading, illegal, or unethical practices that may be detrimental to DonorDock or its products and agree to comply with all applicable federal, state and local laws and regulations while operating under this Participant Agreement, including without limitation the U.S. Foreign Corrupt Practices Act and any similar laws or regulations in any applicable jurisdiction. You further agree to comply with all applicable export and import laws and regulations, including U.S. embargo and sanctions regulations and prohibitions on export for certain end uses or to certain users.

9.2. Indemnity. You are fully responsible for all liabilities and expenses of any type whatsoever that may arise on account of your referral of Products. You will indemnify, hold harmless and (at DonorDock’s option) defend DonorDock from and against any claim, loss, cost, liability or damage, including attorneys’ fees, for which DonorDock becomes liable arising from or relating to: (a) any breach or alleged by you of any term of this Participant Agreement, (b) the issuance by you of any warranty or representation regarding DonorDock or its products or services not specified in the DonorDock End-User License Agreement, or (c) any of your other acts or omissions in connection with the marketing or referral of the Products under this Participant Agreement.

10. Termination

10.1. Termination. We may terminate this Participant Agreement if you materially breach any provision in this Participant Agreement and fail to cure such breach within five (5) days of written notice of such breach. In addition, either party may terminate this Participant Agreement for any reason or no reason upon thirty (30) days’ written notice to the other party. DonorDock may also terminate this Participant Agreement immediately upon notice to you if (a) it ceases to offer the current Participant program or (b) it reasonably believes that continuing hereunder could result in business or legal liability for DonorDock or otherwise harm DonorDock or its end users.

10.2. Effect of Termination. You expressly agree that DonorDock will have no obligation or liability to you resulting from termination or expiration of this Participant Agreement in accordance with its terms. Upon termination or expiration of this Participant Agreement: (a) you must immediately cease identifying yourself as an DonorDock Participant and using DonorDock Marks in connection with your referral activities hereunder, (b) you must destroy all Confidential Information in your possession and certify destruction (unless we request that you return such materials to us) and (c) Sections 5 (Feedback) and 6 (No Use Rights) through 16 (General) of this Agreement will survive termination.

11. Changes to Agreement

From time to time, we may modify this Participant Agreement. The version of this Participant Agreement in place at the time you submit each referral is the version that will govern such referral. We will use reasonable efforts to notify you of these changes through communications through our website or other forms of communication.

12. Confidentiality

Except as otherwise set forth in this Participant Agreement, each party agrees that all code, inventions, know-how, business, technical and financial information it obtains (as "Receiving Party") from the disclosing party ("Disclosing Party") constitute the confidential property of the Disclosing Party ("Confidential Information"), provided that it is identified as confidential at the time of disclosure or should be reasonably known by the Receiving Party to be Confidential Information due to the nature of the information disclosed and the circumstances surrounding the disclosure. Any DonorDock Technology and any performance information relating to the Products shall be deemed Confidential Information of DonorDock without any marking or further designation. Except as expressly authorized herein, the Receiving Party will hold in confidence and not use or disclose any Confidential Information. The Receiving Party’s nondisclosure obligation shall not apply to information which the Receiving Party can document: (i) was rightfully in its possession or known to it prior to receipt of the Confidential Information; (ii) is or has become public knowledge through no fault of the Receiving Party; (iii) is rightfully obtained by the Receiving Party from a third party without breach of any confidentiality obligation; (iv) is independently developed by employees of the Receiving Party who had no access to such information; or (v) is required to be disclosed pursuant to a regulation, law or court order (but only to the minimum extent required to comply with such regulation or order and with advance notice to the Disclosing Party). The Receiving Party acknowledges that disclosure of Confidential Information would cause substantial harm for which damages alone would not be a sufficient remedy, and therefore that upon any such disclosure by the Receiving Party the Disclosing Party shall be entitled to appropriate injunctive and equitable relief in addition to whatever other remedies it might have at law.

13. DonorDock Commitments; DISCLAIMER OF WARRANTIES

For the avoidance of doubt, any and all commitments, indemnities and other terms and conditions offered by DonorDock with respect to use of the Products are made directly by DonorDock to the end user in accordance with the DonorDock End-User License Agreement and do not extend to you as a Participant. We make NO WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, TO you as a PARTNER, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR TITLE AND NON-INFRINGEMENT.

14 LIMITATION OF LIABILITY

14.1. Waiver of Consequential Damages. TO THE FULLEST EXTENT ALLOWED BY LAW, NEITHER DONORDOCK NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY LOSS OF USE, LOST DATA, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.

14.2. Liability Cap. TO THE FULLEST EXTENT ALLOWED BY LAW, DONORDOCK’S AND ITS THIRD-PARTY SUPPLIERS’ ENTIRE LIABILITY UNDER THIS PARTNER AGREEMENT SHALL NOT EXCEED THE AMOUNTS ACTUALLY PAID BY PARTNER TO DONORDOCK IN RESPECT OF THE PARTNER ORDER THAT IS THE SUBJECT OF THIS PARTNER AGREEMENT.

15. Dispute Resolution; Governing Law

15.1. Dispute Resolution; Mediation. In the event of any controversy or claim arising out of or relating to this Participant Agreement, the parties hereto shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a solution satisfactory to both parties. If the parties do not reach a settlement within a period of 60 days, any unresolved controversy or claim arising out of or relating to this Participant Agreement shall proceed to binding mediation. Mediation will take place in Fargo, ND. All negotiations and mediation proceedings pursuant to this Section 15.1 will be confidential and treated as compromise and settlement negotiations for purposes of all similar rules and codes of evidence of applicable legislation and jurisdictions.

15.2. Governing Law; Jurisdiction. This Participant Agreement will be governed by and construed in accordance with the applicable laws of the State of North Dakota, without giving effect to the principles of that state relating to conflicts of laws. Each party irrevocably agrees that any legal action, suit or proceeding that is not otherwise subject to the arbitration provisions of Section 15.1 (Dispute Resolution; Arbitration) must be brought solely and exclusively in, and will be subject to the service of process and other applicable procedural rules of, the state or federal court in Fargo, North Dakota, and each party irrevocably submits to the sole and exclusive personal jurisdiction of the courts in Fargo, North Dakota, generally and unconditionally, with respect to any action, suit or proceeding brought by it or against it by the other party. Notwithstanding the foregoing, DonorDock may bring a claim for injunctive and equitable relief in any court with proper jurisdiction.

15.3. Injunctive Relief; Enforcement. Notwithstanding the provisions of this Section 15, nothing in this Participant Agreement shall prevent either party from seeking injunctive relief with respect to a violation of intellectual property rights, confidentiality obligations or enforcement or recognition of any award or order in any appropriate jurisdiction.

16. General

This Participant Agreement is the entire agreement between you and DonorDock relating to the referral of DonorDock products as described in this Participant Agreement and supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the Products or any other subject matter covered by this Participant Agreement. If any provision of this Participant Agreement is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect. This Participant Agreement may not be modified or amended except as described in Section 11 (Changes to Agreement) or otherwise with the written agreement of DonorDock (which may be withheld in its complete discretion without any requirement to provide reasons). As used herein, "including" (and its variants) means "including without limitation" (and its variants). If either party to this Participant Agreement breaches any provision of this Participant Agreement relating to Confidential Information or intellectual property rights, there may not be an adequate remedy available solely at law; therefore, an injunction, specific performance or other form of equitable relief or monetary damages or any combination thereof may be sought by the injured party to this Participant Agreement. No failure or delay by the injured party to this Participant Agreement in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any right, power or privilege hereunder at law or equity. The parties are independent contractors. This Participant Agreement shall not be construed as constituting either party as a partner of the other or to create any other form of legal association that would give on party the express or implied right, power or authority to create any duty or obligation of the other party.