Start free trial
Log in

Referral Program Terms and Conditions

Last Updated October 4, 2024

THIS AGREEMENT (“Agreement”) is entered into as of the date the Customer accesses the Services ("Effective Date") by and between Articulate Global, LLC, a Delaware limited liability company (“Articulate”). By accessing or using the Services, Customer agrees to be bound by this Agreement.

1. Introduction

Welcome to the Articulate Global, LLC (“Articulate”) Fall 2024 Customer Referral Program ("Program"). This Program will reward our valued customers with gift cards when they refer new customers to our services through November 16, 2024. By using the Site or participating in the Program, you indicate your agreement with these Terms and Conditions (“Terms”) as well as the Articulate Terms of Use, and are therefore bound thereby. In the event of a conflict between these Terms and the Terms of Use, these Terms control.

2. Eligibility

The Program is open to Articulate 360 customers (i) aged 18 years old or older, (ii) within the U.S. and Canada, (iii) who are in good standing, and (iv) who are expressly invited via email from Articulate to participate in the Program (each a “Referrer” or “you” or “your”). Referrers must have an active subscription at the time of the referral submission(s) and Reward payout. You will have no right to any credit or unfulfilled Reward that remains outstanding at the time your subscription with Articulate terminates. Employees, affiliates, and partners of the company are not eligible to participate. This Program cannot be combined with other reward programs or special offers. Void where prohibited.

3. How to Participate

Participants must submit referrals through the designated online form, providing the business email contact information of the potential new customer. All referrals must be submitted by 11:59 p.m. EST on November 16, 2024. Referrers are welcome to make as many referrals as they wish; however, each Referrer will be eligible for a maximum of three (3) Reward(s) (defined below) from their submitted Qualified Referrals, as defined below and as determined pursuant to the terms and conditions of this Program.

4. Qualified Referrals

A “Qualified Referral” is a referred contact that (i) is aged 18 or over, (ii) is located in the United States or Canada, (iii) has never signed up for an Articulate 360 trial and is not a current subscriber of Articulate Services, (iv) is referred via a business entity email domain, and (v) successfully enters into a trial within seven (7) days of the referral contact submission using the same business email address submitted by the Referrer. A referred contact must meet all of the above requirements to be deemed a Qualified Referral.  

Each Qualified Referral will only be credited to a single Referrer. In the event of duplicate referral contact submissions, the Reward will be granted to the individual who submitted the referral contact first, as determined by the timestamp on the online form submission. By participating in this Program, you agree that we will make the final determination whether anyone you refer to us meets all requirements to be considered a Qualified Referral. Each Qualified Referral’s trial will be subject to the Articulate Terms of Service. 

5. Rewards

Articulate will reward Referrers for Qualified Referrals through the issuance of an e-gift card in the amount of $100 USD delivered by email for each Qualified Referral (up to a maximum of $300 USD during the Program period, provided that no Referrer may exceed a total reward amount of $500 in their local currency per calendar year) (“Reward”). If you do not reside in the United States, you may be able to redeem your e-gift card in your local currency, provided it is offered by Tremendous. If your local currency is not offered by Tremendous, then your gift card(s) will be issued in United States Dollars (USD). The Reward will be delivered via email. Please allow up to 2-3 months for processing following the Qualified Referrals applicable signup. Reward issuance will begin in January 2025.

The e-gift cards are issued by Tremendous and will be sent via email from [email protected]. A valid email address is required to receive the e-gift card. E-Gift cards will not have cash access. We encourage you to redeem your Reward as soon as possible. Rewards may expire within no more than five (5)  years; however you acknowledge and agree that in all instances your Reward redemption shall be subject to the Tremendous Recipient Terms of Service. For any questions about your e-gift card after receipt, please contact the Tremendous support team at [email protected]. The listed merchants for any e-gift card are in no way affiliated with Articulate nor are the listed merchants to be considered sponsors or co‐sponsors of this Program. Use of merchant names and/or logos is by the permission of each respective merchant and all trademarks are the property of their respective owners. Please see the applicable merchant e-gift card for any applicable terms and conditions, which are subject to change at the merchant’s sole discretion. Articulate will share your name and email address with Tremendous for Reward fulfillment only and we advise you to review their Privacy Notice. Rewards are subject to availability and may be subject to change.

We reserve the right to withhold, deny or cancel any Reward and/or terminate your participation in the Program if Articulate, in its sole discretion, deems any such participation, referral or use of the Reward as fraudulent, abusive, unethical, suspicious or otherwise inconsistent with these Terms or any other applicable law or regulation. Our decisions are final. Rewards are not transferable and may not be auctioned, traded, bartered, or sold.

Participants are solely responsible for any tax implications in their local jurisdiction resulting from receiving a reward.

The Program is subject to all federal, state, provincial, and local laws and regulations and is void where prohibited by law. The Program is exclusively available to residents of the U.S. and Canada. No Referrers or referral contact submissions are permitted to or from any other regions. Participants agree to comply with all applicable laws, including all applicable anti-spam legislation, including but not the federal CAN‐SPAM Act and Canada’s Anti-Spam Legislation. The tools we have provided allow Referrers to submit the referral while including the information required under the appropriate legislation. You understand and agree that you are not permitted under the Program to send out referral emails (i) in conflict with these Terms, or (ii) outside of the tools provided by us.

Referrers are solely responsible for complying with the requirements of this section, and Articulate disclaims all liability and responsibility for any Referrer’s failure to do so. Failure to comply with these requirements will result in immediate termination of any Referrer’s Program participation and forfeiture of any remaining Program Rewards. In addition, Referrers will be responsible for any resulting damages.

7. Privacy and Personal Data

a. Participation in the Program may require a Referrer to submit personal data about themselves and/or a referral contact. Personal data that is collected as part of the Program will be used to:

  1. operate and maintain the Program, including providing referral rewards to qualified participants,
  2. evaluate and improve the effectiveness of the Program,
  3. provide tailored communication and marketing,
  4. provide the Services and support to any Qualified Referrals
  5. monitor compliance with these Terms, and
  6. comply with our legal obligations.

b. By submitting the referral form, you (1) represent and warrant that you and your contact both live in the United States or Canada and are not subject to any other regional privacy laws including the GDPR (2) give Articulate permission to retain the provided personal information for the purpose of any subsequent reward fulfillment. Submitting the above form does not subscribe you to marketing emails from Articulate. In the spirit of transparency and privacy, Articulate will use information collected through this form in the following ways: 

  1. Articulate will send a maximum of one email for each form submitted by a Referrer.
  2. Articulate will retain records of the referral prospect’s email address and the associated Referrer’s name and email address, for as long as reasonably necessary according to the applicable law and Articulate’s internal business practices. This personally identifiable data will only be visible to Program administrators and will only be used for this purpose. Articulate will comply with any written request from a prospect or referrer to delete their own personal information when such a request is sent to [email protected].
  3. If the prospect subsequently enters into a trial, Articulate will also continue to retain the associated referrer name and associated referrer email for the purpose of (i) providing the Articulate services and (ii) fulfilling any subsequent reward for the Referrer. This information will only be visible to Articulate personnel necessary to the Program and to the provision and support of the Articulate services. Information submitted through this form will be subject to Articulate’s Privacy Notice and Terms of Use. 

8. Restrictions

You may only participate in the Program in good faith and for lawful purposes. The following uses are prohibited and, in your participation in the Program, you agree not to do any of the following:

  1. Submit referral contacts for persons under the age of eighteen (18), or participate in the Program while being under the age of eighteen (18);
  2. Submit referral contacts for persons in any other country outside of the U.S. and Canada;
  3. Share the Program invite email or form link with others;
  4. Create multiple, duplicate, or fake accounts, or use alternative contact information in order to refer yourself;
  5. Invite others who have created multiple, duplicate, or fake accounts to gain access to an Articulate trial
  6. Submit duplicate entries for the same referral contact, even if using different contact information;
  7. Invite members that you do not know personally;
  8. Use the Program in a way that, in Articulate’s sole and absolute discretion, constitutes spam or other undesirable or unsolicited communications.
  9. Do anything that damages Articulate’s brand, goodwill, or reputation;
  10. Using any automated system, script, or macro to participate in the Program;
  11. Resell, barter, trade, auction, or otherwise generate income by providing access to the Program or Reward to others; or
  12. Use the Program in any way that breaches any applicable local, national, or international law or regulation, or that is in any way unlawful, fraudulent, or wrongful, or has any unlawful, fraudulent, or wrongful purpose or effect.

9. Changes

Articulate reserves the right to modify or terminate the Program at any time without notice. All previous Program offers will no longer be valid with respect to any Qualified Referrals made after the date of such change. Referral Rewards or other payment amounts are subject to change at any time, and such changes will apply to Qualified Referrals made after the date of such change. Additional restrictions may apply. Articulate reserves the right to disqualify any participant at any time from participation in the Program if we have a good faith belief that they have violated any of these Terms.

10. Liability and Disclaimers

ARTICULATE IS NOT RESPONSIBLE FOR FALSE, INCORRECT, OR FRAUDULENT INFORMATION SUPPLIED BY THE REFERRER OR REFERRED PARTIES. 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 ARTICULATE NOR ANY OF ITS AFFILIATES, THROUGH THESE TERMS & CONDITIONS, MAKES ANY WARRANTY REGARDING THE PROGRAM, AND WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL ARTICULATE OR ITS 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 TERMS OR THIS PROGRAM, EVEN IF PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

ARTICULATE’S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL LOSSES ASSOCIATED WITH YOUR PARTICIPATION IN THE PROGRAM IS LIMITED TO THE GREATER OF (I) THE EQUIVALENT MONETARY VALUE OF REWARDS EARNED OR RECEIVED UNDER THE REFERRAL PROGRAM AND (II) USD 100. NOTHING IN THESE TERMS LIMITS OR EXCLUDES EITHER PARTY’S LIABILITY CAUSED BY GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

11. Indemnification

Referrers agree to indemnify, defend, and hold Articulate and its representatives and agents harmless from and against any and all claims, demands, liabilities, rulings, costs, or expenses, including attorney’s fees and costs, arising from, or related to (i) Referrer’s negligence, fraud, or willful misconduct, (ii) any breach by the participant of any of these Terms, or (iii) any violation by the participant of applicable law.

12. Governing Law and Disputes

These Terms are governed by the laws of the State of New York, without respect to conflict of law doctrines. These Terms shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, which is expressly excluded from applying.  Any disputes arising from this Program will be resolved exclusively in the state or federal courts in New York County, New York, USA. No claim may be brought against Articulate in relation to your participation in the Program more than twelve (12) months following the conclusion of the Program.

In the event of any dispute regarding the Program or these Terms, please contact support as set forth below within thirty (30) days of the event giving rise to the dispute. Referrers agree to allow thirty (30) days for Articulate to address any complaint prior to filing any further formal legal claim. Neither party will participate in a class action or class-wide arbitration for any claims covered by these Terms.

13. Independent Contractor; Ownership

Your participation in the Program does not authorize you to act on Articulate’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 Articulate, 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.

Your participation in the Program does not entitle you to use any trademarks, copyrighted materials, patents, names, logos or other intellectual property owned or licensed by Articulate or its respective affiliates.

14. General Conditions

By participating in the Program, you agree that you have read, understand, and will abide, and be bound, by these Terms. You may not assign the right to participate in this Program to any other party. We may assign these Terms or assign or delegate any of our rights or responsibilities hereunder to independent contractors or other third parties. We shall not be deemed to have waived any of our rights or remedies hereunder unless such waiver is in writing and executed by our authorized representative. No delay or omission by us in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. If at any time any provision of these Terms is or becomes illegal, invalid, or unenforceable in any respect under the law of any jurisdiction, neither the legality, validity, or enforceability of the remaining provisions hereof nor the legality, validity, or enforceability of such provision under the law of any other jurisdiction will in any way be affected or impaired thereby, and the remainder of the provisions of this Agreement will remain in full force and effect. Articulate and Referrer agree to endeavor in good faith negotiations to replace any illegal, invalid, or unenforceable provision with a valid, legal, and enforceable provision, the economic effect of which comes as close as possible to the illegal, invalid, or unenforceable provision. These Terms constitute the entire agreement with respect to your participation in the Program. 

15. Contact Information

For questions or support regarding the Program, please contact us at [email protected]