Duda Referral Program for Agency Purchases

Last Updated: August 2022

Duda Inc. (“Duda”, “We”, “Us” or “Our") offers you (“Referrer”, “You”, “Your”) the opportunity to take part in our referral program (the “Program”) and earn awards by referring prospective customers to Duda for the purchase of Duda Agency Plan, described here.
These Terms and Conditions (these “Terms”) apply to Your participation in the Program and may be amended by Duda from time to time with or without notice to You. By participating in the Program You agree to these Terms in their entirety and confirm that Your participation in the Program does not violate or breach any law, regulation, policy or contractual obligation that apply to You. If you do not agree to any and all terms herein, or are otherwise precluded from participating in the Program, do not take part in the Program.

Duda has no obligation to monitor the Program or any communications or actions therein; however, Duda may, in its sole discretion, and without notice: (a) choose to monitor the Program, as well as block communications and actions therein; (b) change, cancel, suspend, or modify any aspect of the Program; and (c) remove or disqualify any participants and/or Referrals from the Program.

Referrals

Once Duda issues you a unique referral code link (“Referral Link”), you may message your contacts that you believe might be interested in becoming a Duda customer (each, a “Referred Customer”) and share the Referral Link with them (each such message, a “Referral”). The recipient of your message will only be deemed a “Referred Customer” if (according to our records) he or she is not an existing customer of Duda and wasn't a customer in the last 60 days. When a Referred Customer was referred by more than one Program participant, only the Referrer who was first to submit the referral for such prospective customer would be eligible for a Reward under the Program.

Eligibility for rewards

For each Referred Customer that purchased an annual account on the Agency Plan and remains on such plan a at least 60 days, Duda shall award You with a $250 Amazon gift card or, at Your choice 2 annual sites for free for the first year (either, a “Reward”). Duda will deliver Your Reward, or provide You with coupons codes to the sites, to the email address provided by You when you register with the Program.
A Referred Customer must register with your Referral Link and purchase an Agency Plan in order to be deemed a Referred Customer. Duda shall, at its sole discretion, determine whether a customer referred by you is deemed a Referred Customer. You may refer multiple Referred Customers and will receive a Reward per each Referred Customer as specified herein.

It is hereby agreed that:

(a) You are not entitled to receive a Reward with regard to a Referred Customer which is not a paying customer on the Agency Plan. For clarity, a user who is under free trial or has purchased a plan other than the Agency Plan is not deemed as a Referred Customer;

(b) the Reward may be subject to Amazon’s terms and conditions;

(c) If there is any tax, duty, governmental charge, or other like charges levied on, or otherwise associated with, any Reward, you are solely responsible for paying it;

(d) Duda may, in Duda’s discretion, deem you ineligible to received Rewards or Participate in the Program if you engage in Fraud Traffic.

• “Fraud Traffic” means any subscription or traffic generated via the your activity through illegal means or in bad faith or with the intent to defraud Duda, regardless of whether or not it actually causes harm to the Company. Fraud Traffic includes but is not limited to spam, false advertising, manipulation of the service, system, offers to share the Reward, self-dealing (using the Program to get discounts and/or cashbacks of any sort for your own subscription to Duda services), and any other unauthorized use of any third party accounts, copyrights or trademarks.

Privacy Policy

The Duda Privacy Policy, as amended by us from time to time available at https://www.duda.co/legal/privacy (“Privacy Policy”) shall be deemed as an integral part of these Terms and shall apply with regard to Duda’s use of your personal information we collect or receive from or about you in connection with the Program.

You hereby agree that personal information may be used by Duda (and/or third-party administrators of the Program) to contact you (for example, via email) with regards to participation in the Program.

Participation in the Program represents an ongoing relationship with you, for privacy purposes.

Limitations of Liability

Duda’s sole liability to you shall be payment of the referral rewards to the extent earned as set forth herein and not otherwise disqualified. In no event shall duda or its affiliates be liable to you for any indirect, special, incidental, consequential or punitive damages of any kind, including lost profits or lost commissions on lost sales (whether or not the parties have been advised of such loss or damage), arising from or relating to this agreement or the conduct of business contemplated herein, by reason of any act or omission in duda’s performance under this agreement.

Governing Law

This Agreement will be governed by laws of the State of California without regard to its choice of law or conflicts of law principles. You hereby consent to the exclusive jurisdiction and venue in the courts in Santa Clara County, California, USA, except that temporary relief to enjoin infringement of intellectual property rights may be sought in any court.(ii) if any provision of these Terms is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and if such provision is determined to be invalid or unenforceable nonetheless, the provision shall be deemed to be severable from the remainder of these Terms and shall not cause the invalidity or unenforceability of the remainder of these Terms; (iii) these Terms are the entire agreement between you and Duda regarding the subject matter herein; (iv) Duda may assign these Terms, in whole or in part, in its sole discretion. You are not entitled to assign or otherwise transfer the Terms, or any of your rights or obligations hereunder, to any third party without the prior written consent of Duda. Any unauthorized assignment will be void and of no force or effect; (v) no provisions of these Terms are intended or shall be construed to confer upon or give to any person or entity other than you and Duda any rights, remedies, or other benefits under or by reason of these Terms; (vi) all waivers must be in writing; (vii) you represent and warrant that you shall comply with all applicable laws; (viii) the relationship between you and Duda is solely that of independent contractors. You will not be considered an representative, partner or employee of the Duda for any purposes whatsoever and you shall not have the right, power or authority to enter into any agreement, grant any promise, provide any warranties, or to commit Duda in any manner whatsoever.

Miscellaneous

Duda offers this Program on an AS IS, WHERE IS basis with nor guarantees or warranties, expressed or implied. This Program is void where such referral programs are prohibited. Duda may, at its sole discretion, revise, amend, change, modify or eliminate this Program and each and any of the terms herein, at any time and in its sole discretion. Your participation in the Program constitutes an acceptance of these Terms and any future modifications that may be made to these Terms.

Contacting us

If you have any further questions or require further clarification, please contact us by sending an email to legal@duda.co.