Terms & Conditions - AT&T Refer a Business

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 (“Participant” 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 ARE 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 “PARTICIPANT” REFERS 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 the following as defined in the applicable AT&T tariffs, guidebooks and catalogs:
  - Connectivity
    - AT&T Business Fiber, AT&T Dedicated Internet, AT&T Dedicated Internet and Voice Bundle, AT&T Switched EthernetSM , AT&T Switched Ethernet with Network on Demand
  - Wireless Connectivity
    - AT&T wireless plans with new phone or tablet line(s), AT&T Wireless Broadband, AT&T Internet Air for Business, AT&T Fleet Complete, AT&T Fleet Management (Geotab)
  - Business Voice and Collaboration (Non-Wireless)
    - AT&T Office at Hand
    - AT&T Phone for Business
    - AT&T Phone for Business Advanced
  - Cybersecurity Solutions
    - AT&T Dynamic Defense
    - Cisco Meraki
- 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 customer who purchases an eligible Qualifying Service. However, a Referred Party cannot be:
  - i. An active Participant or their Affiliate (i.e., You cannot submit a referral for Qualifying Services that You or an Affiliate purchase);
  - ii. A Participant’s employer, employee or Immediate Family Member;
  - iii. an entity for which a Participant has 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”
    - 1. $25/line up to $1000 per referral for qualifying AT&T Business Wireless solutions:
      - a. AT&T Business Wireless Plan with new Phone Line(s)
      - b. AT&T Business Wireless Plan with new Tablet Line(s)
      - c. AT&T Wireless Broadband
      - d. AT&T Internet Air for Business
      - e. Fleet Complete
      - f. AT&T Fleet Management
    - 2. One month of recurring service charges (MRC) for Referrals of all other Qualifying Services up to a maximum of $1000 per Referral
      - a. Internet Connectivity
        i. AT&T Business Fiber
        ii. AT&T Dedicated Fiber
        iii. AT&T Dedicated Fiber and Voice Bundle
        iv. AT&T Switched Ethernet
        v. AT&T Switched Ethernet on Demand
      - b. Voice and Collaboration
        i. AT&T Office @ Hand
        ii. AT&T Phone for Business
        iii. AT&T Phone for Business Advanced
      - c. Cybersecurity
        i. AT&T Dynamic Defense
        ii. Cisco Meraki
        iii. Fleet SolutionsAT&T Fleet Complete
        iv. AT&T Fleet Management (GeoTab)
      - ii. “Referred Participant Referral Compensation”
        $100 for Referring a new participant to the Program
        a. New Participant must complete their first verified referral in order for the referring Participant to receive Compensation.
      - iii. 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 Participants 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 a Participant’s activity in the Program and the denial of Referral Compensation. Participants will only be eligible for Business Customer Referral Compensation if the Referred Party purchases new Qualifying Service that in has been active for a minimum of 60 days. A Participant will only be eligible for Referred Participant Referral Compensation if the newly Referred Participant specifies his/her name on their enrollment form, and submits their first Referral of Qualifying Services within 120 days of the Referral, that is successfully activated and maintains in good standing for a minimum of 60 days. AT&T will pay Referral Compensation within 10 days of the referral being verified as valid. To receive Referral Compensation, a Participant must complete an electronic W-9 with a valid EIN or social security number.
- a. Tax Responsibility for Participants. Participants 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, Participants will only be eligible for Referral Compensation which cannot be combined with any other AT&T referral or similar awards program.
- c. Confidentiality. Participants may not make any public statements regarding these Terms or their participation in the Program. By participating in the Program, Participants acknowledge and agree that AT&T will not be able to share information about the Referred Party with the Participants, 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 a Participant’s participation in the Program at any time. Particpants will not be entitled to any Referral Compensation following termination of the Program or termination of a Participant’s 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. Partcipants 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. Participants 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 a Participant’s unauthorized acts or omissions related to this Program is solely the Participant’s responsibility.
- f. The Program is void where prohibited.

III. Miscellaneous
- a. Limitation of Liability. NEITHER AT&T NOR AT&T AFFILIATES WILL BE LIABLE TO PARTICIPANTS 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 AS A PARTICIPANT, YOU MAY BE GIVING UP YOUR RIGHT TO SEEK DAMAGES THAT YOU OTHERWISE MAY BE ENTITLED TO PURSUE.
- b. Indemnification. Participants 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 a Participant’s 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 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 Participants and AT&T. For the purposes of the Program, Participants are independent contractors, and are solely responsible for any expenses incurred as a result of their 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 the Participants, 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. Participants must comply with all local, state and federal laws applicable to them and their 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 Participants and AT&T regarding the covered subject matter and cancel any previous agreements, understandings or negotiations, whether oral or written between Participants 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.

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