Terms of Service (Customer Referral)

Customer Referral Fee Terms

Introduced: 19 May 2020

These Terms supplement and are additional to Fergus’ Terms of Service.

Fergus may terminate, update, or modify these Terms from time to time in its sole discretion. All updates and modifications to these Terms will take effect upon being published on Fergus’ website. All updates and modifications will also communicated via email to the email address on record at that time.

Prerequisites

To be eligible for a Referral Fee, you must:

  • be a current paying Fergus customer;
  • be in compliance with Fergus’ Terms of Service; and
  • have personally received an operational Customer Referral Code from Fergus.
PAYMENT TERMS

For each person that purchases Software from Fergus under a Purchase Agreement using your Customer Referral Code (“New Customer”), Fergus shall pay you a one off Referral Fee in accordance with the following terms.

There are no limits on the number of New Customer you may refer to Fergus, provided referrals are made in good faith and within the spirit of Fergus’ Customer Referral Program.

Referral Fee.

“Referral Fee” means a one-off fee of any amount decided by Fergus and communicated to the Partner from time to time through the Fergus website or other communication. An alternative referral fee may be agreed to be the parties in writing from time to time.

Except as expressly agreed in writing, you shall not be entitled to any others fees or payments by Fergus with respect to any referrals.

Each Referral Fee cannot be used with any other offer.

Payment Terms.

The Referral Fee will be payable by Fergus to you only after the New Customer has paid three (3) successive subscription invoices, and no later than the 20th day of the following month after the relevant New Customer has paid three (3) successive subscription invoices.

All Referral Fees shall be paid in New Zealand Dollars.

If this Agreement is terminated by Fergus following a material breach of this Agreement by you, no Referral Fees will be payable following that material breach.

Exceptions.

Fergus will not be obliged to pay any Referral Fees and may terminate its obligation to pay any outstanding Referral Fees, and/or disable any Customer Referral Code immediately if you are suspected by Fergus (acting reasonably) to have:

  1. been fraudulent or engaged in a scam; or
  2. intentionally provided to Fergus any incorrect or misleading information about a New Customer or acted dishonestly in any other way; or
  3. been in breach of the Agreement or Fergus’ Terms of Service.

Fergus will not be obliged to pay Referral Fees if:

  1. the New Customer is a current customer or was previously a customer of Fergus or its affiliates, distributors, or resellers;
  2. Fergus or its affiliates, distributors, or resellers has had substantive contact with the New Customer prior to it becoming a New Customer;
  3. the correct Customer Referral Code is not used; or
  4. the provision of any services or products other than the Software results from the referral.
Multiple Referrals.

In the event that two or more people claim a referral fee for the same New Customer, Fergus reserves the right to:

  1. award a referral fee to only one of them; or
  2. divide the referral fee among them in such manner as Fergus determines is equitable.

Such determination shall be final and binding on all parties involved.