Referral Terms & Conditions
Your participation in and use of the Opensense Referral Program is strictly subject to the following terms:
1. General. We can and will make all determinations regarding participation in the program and reserve the right to terminate your participation in the program at any time for any reason or no reason, to the extent permitted by law, upon written notice to you; and all written notices required or permitted to be given by Opensense hereunder may be delivered by email;
2. Referrals must be “New Customers” to Opensense, which includes the referred company and must not be (a) any company or organization who is a current or pending customer; (b) a company or organization who was a customer within the last 120 days immediately prior to the date the referrer form was submitted and satisfy all enrollment requirements; and (c) be submitted online by filling out a form located at www.opensense.com/partnerships page before June 30, 2024;
3. Qualified Referrals that meet the aforementioned criteria will be eligible for payment after 60 days from New Customer start date and will be eligible to earn either a $500 referral fee for annual Opensense subscriptions (“Order”) by New Customer with less than $10,000 in value or $1,000 for those above that threshold.
4. Qualified Persons will be eligible to receive payments if (a) they enter valid information on the submission form; (b) it matches the Qualified Referral information and (c) submit all appropriate information required for payment and tax purposes (e.g., W9 for US residents or W8BEN for non-US residents);
5. Payments for Qualified Referrals to Qualified Persons will be made at least 30 days after payment is received by Opensense from New Customer, but no later than 90 days after the start date of the New Customer order;
6. CAN-SPAM Act. Opensense complies with the federal CAN-SPAM Act and honors requests of consumers and customers who choose to opt out of receiving Opensense marketing emails; however, if you designate a referral email address that has previously opted out of receiving our marketing emails, then (a) that email address is not yet subject to Our privacy, marketing and other opt-in policies and (b) you are certifying that they have not opted out of communications from you previously. For clarity, Opensense will honor all privacy and opt-out requests from the Opensense Referral Program via privacy@opensense.com.
7. Privacy. By submitting information on our www.opensense.com/partnerships page, you (a) certify that you and your contact both live in the United States and are not subject to European Union privacy laws, and (b) give Opensense permission to retain your name and email address for the purpose of any subsequent reward fulfillment, but does not subscribe you to marketing emails from Opensense. Opensense will use information collected through this form in the following ways: (a) Opensense will send a maximum of one email to any referral (“Prospect”) referred through the above form on behalf of the person who submits the form (the “Referrer”); (b) will retain records of the Prospect name, Prospect email, associated Referrer name and email, and other submitted information until June 30, 2024, then will permanently delete these records; and (c) this personally identifiable data will only be visible to program administrators and will only be used for this purpose. For all privacy related requests, Opensense will comply with any request from a Prospect or Referrer to delete their own personal information prior to that date sent to privacy@opensense.com or via written mail to the address listed on the main www.opensense.com page. If the Prospect subsequently submits information before June 30, 2024, Opensense will also continue to retain the associated Referrer name and associated Referrer email for the purpose of fulfilling any subsequent reward for the Referrer. This information may be visible to any member of Opensense staff.
8. Confidentiality. In connection with your participation in the program, you may receive confidential and proprietary information belonging to Opensense, including sensitive customer data (“Information”). You will maintain all of such Information in strict confidence and use the Information only in connection with your participation in the program. Notwithstanding anything to the contrary contained herein, you agree that you will not disclose any sensitive, confidential, or other information provided to you without our permission.
9. Independent Contractors. Your participation in the program does not authorize you to act on our businesses, its parent’s or their respective affiliates’ behalf. Nothing herein is intended or will be construed to constitute or imply a joint venture, employer-employee relationship, partnership or association between you and Opensense, its parent or their respective affiliates. By participating in the program, you acknowledge that you do so at your own risk and as an independent contractor and that Opensense is not directing how you perform your obligations hereunder.
10. Trademarks. Other than with respect to materials provided in connection with your participation in the program, your status as a participant in the program does not entitle you to use any trademarks, copyrighted materials, patents, names, logos or other intellectual property owned or licensed by Opensense or its respective affiliates.
11. Indemnification. By participating in the program, you agree to and will indemnify and hold our business, its parent and their respective affiliates harmless from and against any and all damages, costs, expenses, claims or liabilities of any kind, including third party claims, whether pending or threatened, including without limitation, attorneys’ fees and court costs, incurred by any of them arising out of or related to your participation in the program or breach of these Program Terms.
12. Changes. The Opensense Referral Program (a) may be altered, changed, modified or assigned by Opensense at any time by providing notice to you. Your participation in the program at any time after our business provides you such notice of changes will constitute your agreement to such changes and (b) is in addition to and do not in any way limit or alter Opensense’s other terms and conditions or agreements pursuant to which our business allows you to participate in the program. By participating in the program, you agree that you have read, understand and will abide, and be bound, by these Program Terms. These Program Terms shall be governed in all respects in accordance with the laws of the State of California without regard to the conflict or choice of law rules thereof. The federal and state courts California shall have exclusive jurisdiction over any dispute arising hereunder and by participating in the program, you consent to the same.
13. Promotion. Opensense complies with the Federal Trade Commission’s 16 CFR Part 255 “Guides Concerning the Use of Endorsements and Testimonials in Advertising”. Accordingly, if you make any post on any social network (such as Facebook, Twitter, Instagram, Pinterest, or LinkedIn) as a part of this program, you must at a minimum include either “This is a paid endorsement” or “#paidad” in any social network posts you make as a part of this program. You are responsible for ensuring that your posts on any social network comply with the terms of use of the site, and any other applicable laws, statutes, and regulations.