AT&T Refer a Business Program
Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS (“Terms”) VERY CAREFULLY BEFORE REGISTERING FOR THE AT&T Refer a Business Program (“Program”). THESE TERMS CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND AT&T SERVICES, INC. (“AT&T”), ON BEHALF OF ITSELF AND ITS AFFILIATES, REGARDING YOUR PARTICIPATION IN THE PROGRAM. YOU REPRESENT AND WARRANT THAT YOU OF LEGAL AGE AND HAVE THE RIGHT AND AUTHORITY TO ACCEPT THESE TERMS ON YOUR OWN BEHALF. IF YOU ARE ACTING ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS, IN WHICH CASE “YOU” OR “YOUR” REFER TO SUCH ENTITY. EMPLOYEES, REPRESENTATIVES AND AGENTS OF AT&T OR AN AT&T AFFILIATE, AND THEIR IMMEDIATE FAMILY MEMBERS, ARE NOT ELIGIBLE TO PARTICIPATE IN THE PROGRAM. YOUR PARTICIPATION IN THE PROGRAM INDICATES THAT YOU HAVE ACCEPTED THESE TERMS.
I. Definitions
- a. “Affiliate(s)” mean, with respect to any entity, any other entity directly or indirectly controlling or controlled by, or under common control with, such entity. For purposes of these Terms, “control” (including the terms “controlled by” and “under common control with”) means the power to direct or cause the direction of the management or policies of such entity, whether through the ownership of voting securities, by contract or otherwise.
- b. “Immediate Family Member(s)” mean parents, spouse, siblings, children, grandparents, stepparents, stepchildren and step siblings, and their respective spouses, and those living in the same household, whether related.
- c. “Referral” means a completed lead submitted as described by the Program’s terms that includes the following: name of the business, contact name, contact e-mail address, physical address, telephone number and the eligible Qualifying Referral Type that is being considered.
- d. “Qualifying Referral Type(s)” is either the Referral of a Referred Participant or the Referral of a new Business Customer who purchases a Qualifying Service.
- e. “Referred Participant” is an individual or business entity that is Referred by a Participant to enroll in the Program as a new Participant.
- f. “Qualifying Service(s)” mean AT&T Business Fiber, AT&T Switched EthernetSM , AT&T Switched Ethernet with Network on Demand, AT&T Dedicated Internet, and AT&T Virtual Private Network as defined in the applicable AT&T tariffs, guidebooks and catalogs.
- g. “Participant” is an individual or business entity that enrolls and participates in the Program.
- h. “Referred Party” means a Referred Participant, or a new Business wireline customer who purchases an eligible Qualifying Service. However, a Referred Party cannot be:
- i. You or Your Affiliate (i.e., You cannot submit a referral for Qualifying Services that You or an Affiliate purchase);
- ii. Your employer, employee or Immediate Family Member;
- iii. an entity for which You have decision-making authority or influence to purchase Qualifying Services;
- iv. a current or former AT&T customer that has purchased products or services from AT&T or any AT&T Affiliate in the six months immediately preceding the date of the Referral;
- v. an employee, representative and/or agent of AT&T or any AT&T Affiliate or an Immediate Family Members of any of these individuals;
- vi. a local, state, or federal government entity; or,
- vii. an entity eligible to receive services under the E-Rate Program or the Rural Health Care Program.
- i. “Referral Compensation” refers to both:
- i. “Business Customer Referral Compensation” -$100 for Referrals of AT&T Business Fiber, and one month of recurring service charges for Referrals of all other Qualifying Services up to a maximum of $1000 per Referral. There is a $5,000 limit per calendar year on all Referral Compensation that is due to any Referral that leads to the purchase of a Qualifying Service by a new Business customer.
- ii. “Referred Participant Referral Compensation”-$100 for Referred Participants. There is a $5,000 limit per calendar year on all Referral Compensation due to Referred Participants.
- a. “Affiliate(s)” mean, with respect to any entity, any other entity directly or indirectly controlling or controlled by, or under common control with, such entity. For purposes of these Terms, “control” (including the terms “controlled by” and “under common control with”) means the power to direct or cause the direction of the management or policies of such entity, whether through the ownership of voting securities, by contract or otherwise.
Total Referral Compensation is limited to $10,000 per calendar year. Referral Compensation will be applied to a reloadable prepaid Visa® Card. Visa Prepaid Cards are issued by Pathward, N.A., Member FDIC, pursuant to a license from VISA U.S.A. Inc. Use of card indicates acceptance of Cardholder Agreement. Fees may apply. Card terms and may also apply, see Cardholder Agreement. NO CASH ACCESS. For details, go to www.MyPrepaidCenter.com
II. Program Details
- Eligibility for Referral Compensation will be determined by AT&T at its sole and exclusive discretion. The Program allows You to submit a Qualifying Referral Type after enrolling within the Program’s online portal. If a Referred Party subscribes to or purchases an eligible Qualifying Service, the Participant and/or Referred Participant will be eligible to receive Referral Compensation. The failure to comply with these Terms, including by engaging in abusive or fraudulent activity, will result in the termination of Your participation in the Program and the denial of Referral Compensation. You will only be eligible for Business Customer Referral Compensation if the Referred Party purchases new Qualifying Service with at least a 12-month service agreement within 120 days of the Referral and has Qualifying Service installed and in good standing for a minimum of 60 days. You will only be eligible for Referred Participant Referral Compensation once the Referred Participant submits their first Referral of Qualifying Services with at least a 12-month service agreement within 120 days of the Referral and has a Qualifying Service installed and in good standing for a minimum of 60 days. AT&T will pay Referral Compensation within six weeks following confirmation of verification eligibility. To receive Referral Compensation, You must complete an electronic W-9 with a valid EIN or social security number.
- Time for Payment. You will only be eligible for Business Customer Referral Compensation if the Referred Party purchases Qualifying Service with at least a 12-month service agreement within 120 days of the Referral and has Qualifying Service installed and in good standing for a minimum of 60 days. You will only be eligible for Referred Participant Referral Compensation once the Referred Participant submits their first referral of Qualifying Services with at least a 12-month service agreement within 120 days of the Referral and has Qualifying Service installed and in good standing for a minimum of 60 days. AT&T will pay Referral Compensation within six weeks following confirmation of eligibility. To receive Referral Compensation, You must complete an electronic W-9 with a valid EIN or social security number.
- a. Tax Responsibility for Participants. You will be solely responsible for all federal, state and local taxes, and any other costs and expenses associated with Referral Compensation. Payments to recipients will be subject to any withholding taxes and reported to the relevant tax authority as required by law. Participants will remain responsible for the reporting and payment of all relevant taxes.
- b. Multiple Payments Prohibited. Only one Referral for each Referred Party can be eligible for Referral Compensation. If multiple Referrals are submitted for the same Referred Party that purchases any of the eligible Qualifying Services, AT&T will only pay Referral Compensation for the Referral that was first received, as determined by AT&T in its sole discretion. By submitting a Referral, You will only be eligible for Referral Compensation which cannot be combined with any other AT&T referral or similar awards program.
- c. Confidentiality. You may not make any public statement regarding these Terms or your participation in the Program. By participating in the Program, You acknowledge and agree that AT&T will not be able to share information about the Referred Party with You, including whether or not the Referred Party agreed to purchase Qualifying Service under the terms of this Program.
- d. Termination. AT&T reserves the right to modify or terminate the Program at any time, with or without notice. AT&T also reserves the right to terminate Your participation in the Program at any time. You will not be entitled to any Referral Compensation following termination of the Program or termination of Your participation in the Program. AT&T may modify or discontinue, temporarily or permanently, or restrict or reject any Referred Party’s order for Qualifying Service.
- e. Marketing Prohibited. You are prohibited from conducting any advertising or marketing campaigns (including, but not limited to, e-mail, telemarketing, fax, radio, television, internet, OOH and print advertising) to solicit Referrals for the Program. You must not use any AT&T trademarks, service marks, trade names, or logos or provide any inaccurate or misleading information about AT&T, or its products or services, in conjunction with the Program. Any loss, damage or claim in any manner arising from Your unauthorized acts or omissions related to this Program is solely Your responsibility.
- g. The Program is void where prohibited
III. Miscellaneous- a. Limitation of Liability. NEITHER AT&T NOR AT&T AFFILIATES WILL BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, RELIANCE, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR REVENUES, AS A RESULT OF ANY (1) DEFAULT OR BREACH OF THESE TERMS, (2) THE TERMINATION OR EXPIRATION OF THE PROGRAM OR (3) ANY OTHER EVENT, CONDUCT, ACT OR OMISSION ARISING OUT OF OR RELATED TO THE PROGRAM. THIS LIMITATION OF LIABILITY APPLIES TO ALL CLAIMS, WHETHER BASED ON CONTRACT, TORT, OR STATUTORY. THIS LIMITATION OF LIABILITY IS MADE KNOWINGLY, INTENTIONALLY, VOLUNTARILY, AND WITH FULL KNOWLEDGE THAT YOU MAY BE GIVING UP YOUR RIGHT TO SEEK DAMAGES THAT YOU OTHERWISE MAY BE ENTITLED TO PURSUE.
- b. Indemnification. You must defend, hold harmless and indemnify AT&T and AT&T Affiliates, and all of their employees and agents from all liability, damages, punitive damages, fines, expenses, including reasonable attorneys’ fees and disbursements, claims, demands, or suits arising from Your breach of these Terms or non-compliance with law, the negligent, willful, or fraudulent acts, or for the failure to act, with respect to the performance of Your obligations under these Terms and the Program.
- c. Waiver. A waiver by AT&T of any breach or violation of these Terms will not operate as a waiver of any subsequent breach or violation or a relinquishment of any rights contained in these Terms.
- d. Severability. If any portion of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect without such portions and will be interpreted to reflect the original intent of the parties.
- e. Cancellation and Modification. AT&T reserves the right to modify or cancel the Program at any time, with or without notice. AT&T reserves the right to modify or discontinue, temporarily or permanently, or restrict or reject any Referred Party’s order for service.
- f. Independent Contractor. Nothing in these Terms will create a relationship of agent, joint venture, partner or employer/employee between You and AT&T. For the purposes of the Program, You are an independent contractor, and You are solely responsible for any expenses incurred as a result of Your participation in the Program, including, but not limited to, taxes, insurance, wages and employee benefits.
- g. Third Party Beneficiaries. These Terms are for the benefit of You, AT&T and AT&T Affiliates and do not provide any third party (including a Referred Party) the right to enforce or bring an action for any remedy, claim, liability, reimbursement or cause of action or any other right or privilege.
- h. Compliance with Laws. You must comply with all local, state and federal laws applicable to You and Your business under these Terms and the Program.
- i. Jurisdiction and Venue. These Terms shall be governed by the laws of the State of Texas, except conflict of law rules. Any suit to enforce these Terms or any provision within must be brough exclusively in the state or federal courts located in Dallas, Texas, except for claims seeking injunctive or other equitable relief, which may be brought in any court of competent jurisdiction.
- j. Entire Agreement. These Terms constitute the entire agreement between You and AT&T regarding the covered subject matter and cancel any previous agreements, understandings or negotiations, whether oral or written between You and AT&T relating to the subject matter of these Terms. These Terms cannot be modified or supplemented by any written or oral statements, proposals, representations, or advertisements.
- Eligibility for Referral Compensation will be determined by AT&T at its sole and exclusive discretion. The Program allows You to submit Qualifying Referral Types after enrolling within the Program’s online portal. If a Referred Party subscribes to or purchases an eligible Qualifying Service, the Participant and/or Referred Participant will be eligible to receive Referral Compensation. The failure to comply with these Terms, including by engaging in abusive or fraudulent activity, will result in the termination of Your participation in the Program and the denial of Referral Compensation. You will only be eligible for Business Customer Referral Compensation if the Referred Party purchases new Qualifying Service with at least a 12-month service agreement within 120 days of the Referral and has Qualifying Service installed and in good standing for a minimum of 60 days. You will only be eligible for Referred Participant Referral Compensation if the Referred Participant specifies your name on their enrollment form, submits their first Referral of Qualifying Services with at least a 12-month service agreement within 120 days of the Referral, and has a Qualifying Service installed and in good standing for a minimum of 60 days. AT&T will pay Referral Compensation within six weeks following confirmation of verification eligibility. To receive Referral Compensation, You must complete an electronic W-9 with a valid EIN or social security number.
- © 2024 AT&T Intellectual Property. AT&T, Globe logo, are registered trademarks and service marks of AT&T Intellectual Property and/or AT&T affiliated companies. All other marks are the property of their respective owners.