Abila CPA Referral Program Terms and Conditions

Terms and Conditions

PLEASE READ THE FOLLOWING CPA REFERAL PROGRAM TERMS AND CONDITIONS CAREFULLY BERFORE PARTICIPATING IN THE CPA REFERRAL PROGRAM (“CPA Referral Program” or “Program”). PARTICIPATION IN THIS PROGRAM CONSTITUTES YOUR ACCEPTANCES OF ALL THE PROGRAM TERMS AND CONDITIONS.

We are excited that you are choosing to participate in the CPA Referral Program. Your participation in and use of the Program is strictly subject to the Program terms and Abila’s terms. If you have any questions, please feel free to contact us at any time.

Participant Acceptance and Termination

We can and will make all determinations regarding participation in the Program. We 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. Any written notices required or permitted to be given Abila hereunder may be delivered by email. By participating in the Program, you consent to delivery of all Program-related notices and information by email to the email address you have registered with and acknowledge that you have the necessary equipment (hardware and software) to receive such emails.

Qualified Referrals and Payment

Qualified referrals must (i) be new customers to Abila: for purposes of the Program, “new customer” does not include either (1) a person who is a current or pending customer (2) a person who was a customer within the 30 days immediately prior to the date a referral email invitation was generated by referral Program to that person; (ii) satisfy all enrollment requirements; (iii) enroll online by linking to the website through the email or personal link generated by the referral Program from your MyAccount (enrollments from emails or links not generated by the Program are not eligible for bill credits); (iv) remain enrolled for at least 90 consecutive days; and (v) have “cookies” enabled on the computer from which the enrollment is executed. Eligible participants will be issued an electronic gift card for each qualified referral. The amount of such prepaid electronic gift card will be determined based upon the current offer at the time of the applicable qualified referral’s enrollment. The electronic gift card amount offered may be changed at any time prior to enrollment of a qualified referral without notice to you or your referrals. The referral Program page in MyAccount will contain up-to-date information regarding the current offered electronic gift card amount. Such electronic gift card will be applied as soon as the qualified referral has met all requirements. By participating in the Program, you agree that we shall make the final determination as to whether any referral meets all requirements to be considered a qualified referral. Participants in the Program whose rewards total $600 or more in a calendar year agree to complete and submit a W-9 tax form upon request.

Program Use

Abila will provide you with access to the Program, which you may use to track your referrals and payment determinations with respect thereto; provided, that your use of the Program is strictly subject to the Program Terms. Abila will update the Program with your account information periodically, including setting forth the email addresses to which you have sent an enrollment request email and whether a particular referral is a qualified referral (indicating that an electronic gift card will be issued). We are not obligated to, and will not release to you the reasons why a particular referral has not been deemed a qualified referral.

CAN-SPAM Act Compliance

Abila complies with the federal CAN-SPAM Act and honors requests of consumers and customers who choose to opt out of receiving marketing emails. Accordingly, if you designate a referral email address that has previously opted out of receiving our marketing emails, you will be advised that the email address is not eligible to be sent our business’s referral Program email.

Confidentiality

In connection with your participation in the Program, you may receive confidential and proprietary information belonging to Abila, 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 comply with the customer confidentiality provisions.

Independent Contractor Relationship

Your participation in the Program does not authorize you to act on our business’s, 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 Abila, 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 Abila is not directing how you perform your obligations hereunder.

Trademarks

Other than with respect to materials provided to 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 Abila or its affiliates.

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.

Warranty Disclaimers; Limitation of Liability

YOU EXPRESSLY AGREE THAT YOUR PARTICIPATION IN THE PROGRAM IS AT YOUR OWN RISK. THE PROGRAM IS MADE AVAILABLE TO YOU ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. NEITHER ABILA, ITS PARENT NOR ANY OF THEIR RESPECTIVE AFFILIATES, THROUGH THESE PROGRAM TERMS, MAKES ANY WARRANTY REGARDING THE PROGRAM, AND EACH EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL OUR BUSINESS, ITS PARENT OR ANY OF THEIR RESPECTIVE AFFILIATES BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA AS A RESULT OF CLAIMS, WHETHER BROUGHT IN CONTRACT OR TORT, ARISING OUT OF OR CONNECTED WITH THESE PROGRAM TERMS OR THE PROGRAM, EVEN IF CLIENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Amendments

These Program Terms may be altered, changed, modified or assigned by Abila 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.

Other Terms and Conditions

These Program Terms are in addition to and do not in any way limit or alter Abila’s MyAccount terms other terms and conditions or agreements pursuant to which our business allows you to participate in the Program and/or use our business’s MyAccount.

Choice of Law and Jurisdiction

These Program Terms shall be governed in all respects in accordance with the laws of the State of Texas without regard to the conflict or choice of law rules thereof. The federal and state courts Texas shall have exclusive jurisdiction over any dispute arising hereunder and by participating in the Program you consent to same.

General

You may not assign the right to participate in the Program to any other party. We may assign these Program Terms or assign or delegate any of its rights or responsibilities hereunder to other third parties in our discretion. We shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and executed by an authorized representative of Abila. No delay or omission by our business in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions. © 2016 Abila LLC. All rights reserved.

FTC 16 CFR Part 255 Compliance

Abila 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 include, and not delete, any disclosure that the Program website automatically creates for the post you are making. In the event that no such disclosure is automatically generated for your social network, 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.