Terms and Conditions

DESIGN BY BAY
REFERRAL REWARDS PROGRAM AGREEMENT

PLEASE READ THE FOLLOWING TERMS OF USE AGREEMENT CAREFULLY. BY REGISTERING AND/OR PARTICIPATING IN THIS PROGRAM, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT PARTICIPATE IN THIS PROGRAM. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF 04/13/2015.

1. ACCEPTANCE OF TERMS
The following REFFERAL REWARDS PROGRAM AGREEMENT (the “Agreement”) is a legally binding agreement that shall govern the relationship between participants of Design By Bay’s Referral Rewards Program (the “Program”) and Design By Bay, located at 245 Lullwater Drive, Panama City Beach, Florida 32413, and our subsidiaries and affiliates. By registering for and/or participating in the Program, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.

2. DEFINITIONS
The PROGRAM refers to Design By Bay’s Referral Rewards Program.
The AGREEMENT refers to the terms and conditions set forth in this document.
A CLIENT is any individual, person, organization, or other entity that retains the services of Design By Bay through a legally binding service agreement.
A NEW CLIENT is any client that retains the services of Design By Bay for the first time.
A PARTICIPANT is any individual, client, organization, or other entity that registers for or otherwise seeks enrollment in the Program.
The DATE OF REGISTRATION refers to the date a person’s enrollment in the program is confirmed by Design By Bay.
GOOD STANDING is the label given to clients (current and/or former) of Design By Bay whose accounts do not have past-due balances.
WE, US, and the COMPANY refer to Design By Bay.

3. PARTICIPANT ELIGIBILITY
To be eligible to register for and/or participate in the Program, you must:
• be eighteen (18) years of age or older at the time of registration,
• be legally allowed to enter into an agreement such as this,
• AND accept all the terms and conditions as described in this agreement.
Additionally, if you are a client (or employee/representative of a client) your account (or the account of the client you are employed by or represent) must be in good standing.

4. REGISTRATION
To participate in the program, eligible individuals must first seek registration/enrollment into the program via www.DesignByBay.com. The registration/enrollment form for the Program is currently at: https://www.designbybay.com/referral-program/enroll/. This URL is current as of the date the Agreement was prepared and is subject to change without notice.
The date of registration will be recorded as the date in which the participant’s application for program enrollment is processed by Design By Bay. We will typically (but are not obligated to) provide confirmation of program enrollment via email.
We reserve the right to accept or reject participant applications at our sole discretion, as allowed by law.
Current and new clients are automatically eligible to participate and are not required to register separately.

5. EARNING REFERRAL REWARDS
The process of earning referral rewards begins with eligibility and program registration. Once enrollment is confirmed by us, a participant has the opportunity to begin receiving credit for referrals. Referral credit will only be conferred after a new client enters into an agreement with Design By Bay to receive eligible services at the standard, advertised rate.

5.1 – CREDIT ELIGIBILITY
To receive credit for a referral, a participant must refer to Design By Bay (either verbally, in writing, or otherwise) a person, organization, or other entity that becomes a new client by purchasing one of our custom WEBSITE PACKAGES (currently listed at https://www.designbybay.com/services/web-design/website-packages/).
The new client must indicate they were referred by a single registered participant on or before the date in which they agree to purchase a new website package from Design By Bay. In all cases, the authority to decide whether to confer credit for a referral rests exclusively with Design By Bay.

5.2 – RESTRICTIONS AND EXCEPTIONS
We reserve the right to refuse to grant credit for a referral if:
• the participant is employed by, related to, or sharing a residence with the new client or any of the new client’s owners, shareholders, investors, or employees;
• the new client does not identify the participant as the sole referrer on or before the date they agree to purchase a new website package;
• the participant was not registered or enrolled in the program;
• the participant was not eligible for participation in the program;
• the new client or any of its principal owners, managers, or shareholders had previously retained the services of Design By Bay;
• or there exists any other reasonable conflict of interest between the new client and the participant.
We also reserve the right to refuse to grant credit for a referral if the participant and/or new client are found to have engaged in fraudulent or otherwise deceitful behavior with respect to the program. Such behavior includes the participant offering the new client an incentive (financial or otherwise) to identify the participant as the entity they were referred to us by.
Our reasonable determination is final.

5.3 – Referral Reward Status
Once a referral credit is conferred to a participant, the referral reward will be given “Pending” status. While a referral reward is “Pending,” the participant is not eligible to receive any rewards for that referral. Referral rewards have a status of “Pending” until the new website project is completed and any invoices relating to the new website project are paid by the new client. Once these conditions are met, the referral reward status will become “Approved” and any qualifying referral rewards will be processed.
We reserve the right to refuse approval for a referral reward if:
• the new website project is never completed;
• the new client prematurely terminates or otherwise fails to uphold their service agreement with Design By Bay;
• or the new client accepts a full or partial refund for the new website project for any reason.
We also reserve the right to refuse to approve any referral rewards if the participant and/or new client are found to have engaged in fraudulent or otherwise deceitful behavior with respect to the program. Such behavior includes the participant offering the new client an incentive (financial or otherwise) to identify the participant as the entity they were referred to us by.
Our reasonable determination is final.

5.4 – Reward Amounts and Payments
Registered participants whose referral credit has been granted and referral reward approved will be provided with a check for $100 from Design By Bay. The check will be mailed to the address provided at registration.
Current clients have the option to instead receive their reward in the form of a $200 account credit to be applied to a current invoice or retained for future services. Such credit is non-transferrable and cannot be exchanged for any cash value, except where required by law.

5.5 – Taxes
Reward recipients agree to pay any and all taxes arising from their receipt of referral rewards through this program. You may be required to complete certain tax documents at Design By Bay’s request.

5.6 – Reward Timeline
Typically, rewards will be distributed within three (3) to six (6) weeks from the date a referral reward is approved.

5.7 – Right To Know
A participant may at any time during the operation of this program contact Design By Bay via email at referrals@designbybay.com to inquire as to the status of their account and the status of any referral credits or referral rewards they might have. The email must be sent from the email address the participant registered with or we will not reply.

5.8 – Limitations
All participants are limited to receiving a maximum of two referral rewards each month.

6. PERSONAL INFORMATION
As a participant in this program, you agree to keep your contact information current and updated with Design By Bay. You also grant Design By Bay the right to record and store your personal information for the purposes of participating in this program, verifying your identity, and providing you with any rewards you may be eligible to receive during this program’s operation.

7. PRIVACY POLICY
Every member’s registration data and various other personal information are strictly protected by the Design By Bay Online Privacy Policy (see the full Privacy Policy at https://www.designbybay.com/privacy-policy/). As a member, you herein consent to the collection and use of the information provided, including the transfer of information within the United States and/or other countries for storage, processing or use by Design By Bay and/or our subsidiaries and affiliates.

8. INDEMNITY
All participants herein agree to insure and hold Design By Bay, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party, which may arise from your participation in Design By Bay’s Referral Rewards Program, your use of our website (www.designbybay.com), your violations of the Terms of Service and/or your violation of any such rights of another person.

9. MODIFICATIONS
Design By Bay shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, the Program, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of the Program, or any part thereof.

10. LIMITATION OF LIABILITY
YOU EXPLICITY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT DESIGN BY BAY AND OUR SUBISDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTIAL, SPECIAL, CONSEQUENIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGILBE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:

a) THE USE OR INABILITY TO USE THIS PROGRAM OR OUR SERVICES;

b) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;

c) AND ANY OTHER MATTER WHICH MAY BE RELATED TO THIS PROGRAM.

11. NOTICE
Design By Bay may furnish you with notices, including those with regards to any changes to the Agreement, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the Agreement by participating in our Program in an unauthorized manner. Your acceptance of this Agreement constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.

CONTACT INFORMATION
Questions regarding the status of your account, the Program, or this Agreement should be directed to:

Mailing Address:
Design By Bay
Attn: Referral Program
245 Lullwater Drive
Panama City Beach, Florida 32413

Telephone: 850-387-3468
Email: referrals@designbybay.com