Last Updated: 20.11.2024
The parties to these Referral Program Terms and Conditions (the “Referral Terms”) are Redtrack Technologies LTD, registration number HE 397054, with its registered address at 49 Dromos, 41, Kato Polemidia, 4154, Limassol, Cyprus (“RedTrack”) and you, the participant in the RedTrack Referral Program (the “Referral”).
These Referral Terms govern the Referral’s participation in the RedTrack Referral Program (the “Referral Program”) with further details available here.
These Referral Terms constitute an integral part of RedTrack’s Terms of Use, which can be found at https://redtrack.io/terms-of-use/ along with any other terms and conditions applicable and incorporated therein (collectively, the “Terms of Use”). In matters not expressly addressed by these Referral Terms, the provisions of the Terms of Use shall apply. In the event of any inconsistency between these Referral Terms and the Terms of Use, these Referral Terms shall prevail.
By participating in the Referral Program, the Referral (a) confirms that they have read, understood, and agree to be bound by these Referral Terms, and (b) represents and warrants that they meet and will remain in compliance with all requirements set forth under the Referral Terms.
These Referral Terms are effective as of the date on which the Referral registers as a participant at https://app.redtrack.io/signup.
1.1 In accordance with these Referral Terms, the Referral may refer potential users of RedTrack’s services (each, a “Referee” and collectively, “Referees”) to RedTrack. For each Referee that meets the criteria set forth below, RedTrack will pay the Referral a referral commission as detailed in Section 2 below (the “Referral Commission”).
1.2. If the Referee meets all the following conditions, the Referral who referred them will be eligible to receive the Referral Commission.
1.3. To participate in the Referral Program and earn commissions, the Referral must meet the following criteria:
1.4. All conditions listed in Sections 1.2 and 1.3 must be met while the Referral is actively registered with RedTrack and participating in the Referral Program.
1.5. In the event of a serious breach of these Referral Terms by the Referral, including, but not limited to, a breach of Sections 1.3, RedTrack reserves the right to terminate the Referral’s participation in the Referral Program, and any Referral Commission that would have been payable to the Referral will be forfeited.
2.1. The Referral is entitled to receive a 10% Referral Commission on the actual recurring revenue generated by the Referee’s subscription payments for a period of five years from the date of the Referee’s first successful RedTrack subscription payment (the “Referral Period”).
2.2. If the Referee cancels or fails to maintain their subscription during the Referral Period, the Referral’s entitlement to Referral Commissions will cease from the date of the Referee’s subscription cancellation, termination or non-payment.
2.3. Referral Commissions will accrue to the Referral’s account balance in the RedTrack referral portal, accessible through their RedTrack account. The Referral may request a payout to either their bank account or PayPal, with PayPal as the preferred method. Payout requests can be initiated by emailing partnership@redtrack.io with an invoice under the conditions below.
2.4. The Referral must provide RedTrack with an invoice that includes their legal name, address, tax identification number (if subject to tax reporting), and valid PayPal or bank account information, along with the Referral Commission amount due. The Referral is solely responsible for ensuring all information provided is accurate and current. RedTrack will not be liable for payments not received due to incomplete or inaccurate information provided by the Referral.
2.5. Upon verification, the Referral Commission will be paid within 30 days from the invoice date. Verification includes cross-checking the Referral Program records with the invoice to confirm accuracy. Referral Commissions are subject to payout only when the accrued balance is over $100 USD for PayPal and a minimum of $500 USD for bank transfers. RedTrack reserves the right, at its sole discretion, to withhold any Referral Commission if it determines that the Referral’s actions are inconsistent with the terms of the Referral Program.
2.6. All amounts referenced or payable under these Referral Terms are in U.S. Dollars and are gross amounts (i.e., inclusive of all applicable taxes, including VAT). Payments are processed once per month.
2.7. The Referral is responsible for paying all applicable sales, use, transfer, or other taxes, and any duties imposed by any governing authority in relation to the Referral Commissions earned and paid out through the RedTrack Referral Program, excluding income taxes on RedTrack’s profits. The Referral shall reimburse RedTrack for any such taxes or duties that RedTrack may pay directly on behalf of the Referral related to the paid out Referral Commissions.
2.8. All activities related to the calculation and payment of Referral Commissions will be managed via the RedTrack referral portal.
2.9. Referral Commissions accrued in the Referral’s account under the Referral Program are available for payout for one year from the calculation date, provided the Referral logs into their RedTrack Referral Portal within this period. If the Referral does not log in during this period, all accrued Referral Commissions in the account may be forfeited.
2.10. If a chargeback or refund occurs on a transaction made by a Referee, 10% of the refunded or chargeback amount will be deducted from the Referral’s accrued Referral Commission balance. This deduction is intended to offset the impact of any chargebacks or refunds initiated by the Referee.
Referees who purchase subscription plans through the Referral Program are considered clients of RedTrack. Prices and availability of RedTrack’s products may vary periodically without prior notice, which may in turn affect the Referral Commissions payable under the Referral Program. The Referral acknowledges and agrees to these potential changes in pricing and availability.
Both the Referral and RedTrack enter into the agreement under these Referral Terms as independent contractors, not as partners or joint venturers. The Referral has no authority to represent RedTrack, make or discuss offers on its behalf, or act as a representative of RedTrack in any capacity.
5.1. Any breach of the terms and conditions of the Referral Program, including but not limited to fraudulent referrals, failure to comply with the program’s policies, or any violation of applicable laws, may result in immediate termination of the Referral’s participation in the Referral Program. In such cases, any unpaid Referral Commissions may be forfeited.
5.2. RedTrack reserves the right to terminate the Referral’s participation in the Referral Program at any time, with or without cause, by providing written notice to the Referral. Such termination will take effect immediately unless otherwise stated in the notice. In the absence of any breaches outlined above, the Referral will be entitled to receive Referral Commissions earned up to the effective date of termination.
5.3. The Referral may terminate their participation in the Referral Program at any time by sending an email to partnership@redtrack.io or by deleting their account.
6.1. REDTRACK DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION FOR NON-INFRINGEMENT, SATISFACTORY QUALITY, MERCHANT-ABILITY, AND FITNESS FOR ANY PURPOSE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE REFERRAL PROGRAM IS PROVIDED “AS IS” AND AT REFERRAL’S DISCRETION AND RISK, AND REDTRACK MAKES NO GUARANTEES REGARDING EXPECTED RESULTS.
6.2. THE REFERRAL ASSUMES ALL RESPONSIBILITY AND RISK FOR THEIR PARTICIPATION IN THE REFERRAL PROGRAM. IN NO EVENT SHALL REDTRACK OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, LICENSORS, OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE REFERRAL TERMS OR THE REFERRAL PROGRAM, INCLUDING WITHOUT LIMITATION THE REFERRAL’S USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THE REFERRAL PROGRAM, OR ANY RIGHTS GRANTED TO THE REFERRAL HEREUNDER, EVEN IF THE REFERRAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE. IN ANY EVENT, REDTRACK’S TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE REFERRAL TERMS OR IN RESPECT OF THE USE OR EXPLOITATION OF ANY OR ALL PART OF THE REFERRAL PROGRAM IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO $50 USD.
6.3. THE REFERRAL AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS REDTRACK, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEY’S FEES) ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) THE REFERRAL’S BREACH OF THESE REFERRAL TERMS; (II) THE REFERRAL’S MISUSE OF THE REFERRAL PROGRAM; (III) ANY VIOLATION OF APPLICABLE LAWS OR REGULATIONS BY THE REFERRAL; OR (IV) ANY CLAIMS MADE BY THIRD PARTIES RESULTING FROM THE REFERRAL’S ACTIONS IN CONNECTION WITH THE REFERRAL PROGRAM.
7.1. These Referral Terms are subject to and incorporate by reference RedTrack’s Privacy Policy (available at https://redtrack.io/privacy-policy/). In areas not covered by Section 7.1 of the Referral Terms, provisions of RedTrack’s Privacy Policy shall be applicable. Redtrack complies with data protection laws in the United States, including the General Data Protection Regulation (EU) 2016/679 (the “GDPR”) in the European Union.
7.2. The controller of the Referral’s personal data for Referral Program purposes is: Redtrack Technologies Ltd., registration number HE 397054, with its address 49 Dromos, 41, Kato Polemidia, 4154, Limassol, Cyprus, email: privacy@redtrack.io.
7.3. With regard to the Referral Program, personal data of the Referral is processed by RedTrack to complete purposes of this Referral Program, including the participation of the Referral in the Referral Program, performing the contract concluded between parties on this basis, responding to Referral’s inquiries regarding the Referral Program and conducting necessary tax and accounting operations, and to monitor and improve the Referral Program, including creating statistics.
7.4. The legal basis for the processing of personal data in the field of the Referral Program is mainly entering into a contract with the Referral as well as the performance of a contract concluded with the Referral in connection with Referral’s participation in the Referral Program (article 6.1. point b of the GDPR).
7.5. Personal data of the Referrals will be processed by RedTrack. RedTrack may engage third parties that support the operation of RedTrack services (acting on its behalf). Redtrack may transfer your personal data to countries outside the European Union and the European Economic Area where we engage with external service providers. In such a case, we transfer your personal data only to a country that is considered to have an adequate level of protection in accordance with the EU Commission's decision or there are appropriate safeguards in place to protect your personal data, such as standard contract clauses or binding internal company rules. Regardless of the country in which your personal data is processed, the Controller takes reasonable technical, legal and organizational measures to ensure that the level of protection is the same as in the European Union and the European Economic Area.
7.6. If we are involved in a merger, acquisition or other reorganization, your information may be transferred as part of that deal. We will notify you (for example, via a message to the email address associated with your account) of any such deal and outline your choices in that event.
7.7. RedTrack stores Referral’s personal data for a period of time required for the purposes for which it was collected (i.e., participation of the Referral in the Referral Program or for as long as required to meet tax and accounting obligations), and as determined by our Privacy Policy.
7.8. The rights outlined in the Privacy Policy apply to the Referral when they are in Europe under the GDPR in connection with the processing of personal data for the Referral Program purposes.
8.1 The Referral hereby agrees that RedTrack is entitled to assign any of its rights and obligations under these Referral Terms to any third party and at any time, without requiring the Referral’s separate consent.
8.2 The Referral may not assign their rights and obligations under these Referral Terms without the prior consent of RedTrack.
9.1. These Referral Terms shall be governed by and construed in accordance with the laws of Cyprus. Any disputes arising out of or in connection with these Referral Terms shall be subject to the exclusive jurisdiction of the courts of Cyprus.
9.2. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY AGREES TO WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THESE REFERRAL TERMS, THE REFERRAL PROGRAM, OR THE RELATIONSHIP BETWEEN THE PARTIES. THIS WAIVER APPLIES TO ANY ACTION, CLAIM, OR LAWSUIT, WHETHER SOUNDING IN CONTRACT, TORT, OR OTHERWISE.
9.3. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY AGREES THAT ANY DISPUTES, CLAIMS, OR CONTROVERSIES ARISING OUT OF OR RELATING TO THESE REFERRAL TERMS, THE REFERRAL PROGRAM, OR THE RELATIONSHIP BETWEEN THE PARTIES MUST BE BROUGHT ON AN INDIVIDUAL BASIS ONLY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE PARTIES EXPRESSLY WAIVE ANY RIGHT TO PURSUE OR PARTICIPATE IN ANY CLASS OR REPRESENTATIVE ACTION RELATED TO SUCH DISPUTES.
10.1. RedTrack reserves the right, at its sole discretion, to modify, suspend, or terminate any part of the Referral Program or these Referral Terms at any time. Such changes will not apply retroactively and will take effect no sooner than 14 days after they are posted. The Referral’s continued participation in the Referral Program after the effective date of any changes constitutes binding acceptance of the updated terms and conditions.
For any questions regarding the Referral Program, please contact us at partnership@redtrack.io