VDC Referral - Terms & Conditions

Virtual Dining Concepts, LLC (“VDC”) is offering current Market Partners and other individuals (“Referrer” or “You”) the opportunity to participate in its referral program (the “Program”). VDC reserves the right to amend or terminate the Program at any time, for any reason. The Program is administered by VDC.

Referrers are bound by these Terms and Conditions by participating in the Program. By participating in the Program, Referrers agree to use the Program in the manner specified in these Terms and Conditions. If You do not agree to these Terms and Conditions in their entirety, You are not authorized to register as a Referrer or to participate in the Program in any other manner. Referrers may not participate in the Program where doing so would be prohibited by any applicable law or regulations.

VDC reserves the right to modify or amend at any time these Terms and Conditions and/or the methods through which the Referral Award (as defined below) is earned. VDC reserves the right to disqualify any Referrers from participation in the Program at any time at our sole discretion, including without limitation if such Referrer does not comply with any of these Terms and Conditions or otherwise fails to comply with any applicable laws (including, without limitation, through any failure to include any disclosures as required by the FTC or otherwise required by VDC).

Eligibility

Basic qualifications for the Program:

  1. Referrer must be a legal resident of the United States of America and be at least 18 years old.
  2. The company or individual being referred to (the “Referee”) by the Referrer must not be engaged with VDC in any previous, ongoing or prospective business relationship.

How It Works

  1. To participate in the Program, Referrers shall complete and submit the referral form available at www.virtualdiningconcepts.com/refer-a-restaurant/ or print out such form and submit via electronic mail to the following e-mail address: sales@virtualdiningconcepts.com.
  2. The Referee must sign a Market Partner Agreement with VDC within six (6) months of the date of the referral. The Referee must operate in accordance with the Market Partner Agreement, and generate revenue per such Market Partner Agreement for a period of at least forty-five (45) days (“Operations Period”). If Referee successfully operates under the Market Partner Agreement through the Operations Period, VDC shall contact Referrer within two (2) months after the Operations Period in order to provide the Referral Award.
  3. To claim the Referral Award, if requested by VDC, you will be required to provide your full address and a photocopy of your government issued ID/Passport. You may also be required to provide additional documents, including IRS Form W9, required for tax withholding purposes.

VDC, in its sole discretion, reserves the right to reject referrals for any reason, including but not limited to referrals for Referees that are duplicative, or are for existing Market Partners, prospects, or have another prior relationship with VDC. By participating in the Program, a Referrer represents that the Referrer has the Referee's prior consent to provide contact information of the Referee.

The Referral Award

The Referral Award shall be $250 USD which shall be provided to each Referrer. If Referrer is currently an existing Market Partner with VDC, the Referral Award shall be provided in the Referrer's weekly remittance, or separately by check at the request of the Referrer. If the Referrer is not currently an existing Market Partner with VDC, the Referral Award will be provided via check.

If Sisense is unable to deliver the Referral Award to you for any reason, including but not limited to regulatory reasons, then Sisense may in its sole discretion provide a different Referral Award of equivalent value, with or without prior notice to you.

Privacy

Referrers may participate in the Program in order to refer Referees to VDC as potential new Market Partners. To do this, Referrers must necessarily submit personal information about themselves and the Referees, such as name and e-mail address information, so that VDC can send communications to the Referees on the Referrers' behalf. The personal information will be collected, processed and used in accordance with VDC's Privacy Statement, which can be found at https://www.virtualdiningconcepts.com/privacy-policy/. Referrers understand that, in addition to the initial communications to Referees, VDC may also use the personal information to send to Referees additional follow-up communications on behalf of the Referrers in order to encourage Referees to become a Market Partner with VDC. The personal information may also be used by VDC to contact Referrers with regards to their participation in the Program and to send to Referrers additional communications from VDC.

RESTRICTIONS

Referrer is prohibited from using the Program for any purpose that is unlawful or prohibited by these Terms, including, but not limited to: using the Program to send altered, deceptive or false source-identifying information or spam; sending out junk emails with the referral link; infringing on the intellectual property rights of VDC or any third parties; stalking, harassing, or harming another individual; collecting or storing personal data about other Referrers; impersonating any person or otherwise misrepresenting Referrer's identity; interfering with, disrupting or violating the Terms and Conditions or servers or networks connected to the Program; interfering with another Referrer's use of the Program; or conducting any illegal activity or solicit the performance of any illegal activity or other activity that infringes the rights of others.

Bulk referrals, distribution to strangers, or any other promotion of a Program in a manner that would constitute or appear to constitute unsolicited commercial email or “spam” in VDC's sole discretion is expressly prohibited and may be grounds for immediate termination of the Referrer's participation in the Program. VDC has a no-tolerance spam policy.

VDC may prohibit a Referrer from participating in the Program or receiving the Referral Reward, in VDC's sole discretion, if VDC determines that such Referrer is attempting to undermine the fairness, integrity or legitimate operation of the Program in any way by cheating, hacking, deception, or any other unfair playing practices of intending to annoy, abuse, threaten or harass any other Referrers or any representatives of VDC.

Previous and current VDC employees are not eligible to participate in this program. Referrer is responsible for determining that participation in the Program and receipt of the Referral Award is in compliance with all policies and requirements of Referrer's business and/or operation. Referrer's participation in the Program will be considered confirmation of Referrer's full compliance with any such policies and requirements.

Liability

Referrer agrees to defend, indemnify, release and hold harmless VDC, its parent companies, affiliates and subsidiaries, together with their respective employees, directors, officers, licensees, licensors, shareholders, attorneys and agents including, without limitation, their respective advertising and promotion entities and any person or entity associated with the production, operation or administration of the Program (collectively, the “Released Parties”), from any and all claims, actions, demands, damages, losses, liabilities, costs or expenses caused by, arising out of, in connection with, or related to Referrer's participation in the Program (including, without limitation, any property loss, damage, personal injury or death caused to any person(s) and/or the awarding, receipt and/or use or misuse of the Program or any Referral Reward).

VDC shall not be liable for late, lost, delayed, stolen, misdirected, incomplete, unreadable, inaccurate, unreliable, garbled or unintelligible entries, communications or affidavits, regardless of the method of transmission; telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; any printing, typographical, administrative or technological errors in any websites or materials associated with the Program; or claims, demands, and damages in disputes among Referrers or between Referrers and Referees; or any other injuries, losses or damages of any kind resulting from acceptance, possession or use of a reward, or from participation in the Program, that were not reasonably foreseeable to VDC at the relevant time.

VDC disclaims any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with the Program, and reserves the right, in its sole discretion, to cancel, modify or suspend the Program should a virus, bug, computer problem, unauthorized intervention or other cause beyond VDC's control corrupt the administration, security or proper operation of the Program.

VDC shall not be liable to any Referrer for failure to supply any Referral Reward or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasigovernmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, tornado, tsunami, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slowdown, civil disturbance, insurrection, riot, or any other similar or dissimilar cause beyond any of the Released Parties' control.

VDC reserves the right to cancel or suspend the Program should VDC determine, in its sole discretion, that the administration, security or fairness of the Program has been compromised in any way.

THE PROGRAM AND THE REFERRAL AWARD IS PROVIDED ON AN “AS IS” AND “AS AVAILBLE” BASIS WITHOUT WARRANTIES OR COVENANTS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, AS TO THE OPERATION OF THE PROGRAM OR ANY REFERRAL AWARD PROVIDED IN CONNECTION WITH THE PROGRAM, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, COMPLETENESS, RELIABILITY, AND NON-INFRINGEMENT.

IN NO EVENT SHALL VDC BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, REGARDLESS OF THE TYPE OF CLAIM OR LEGAL THEORY ASSERTED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) PARTICIPATION IN THE PROGRAM, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE PROGRAM OR ANY REFERRAL AWARD, EVEN IF VDC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF VDC (WHETHER IN CONTRACT, WARRANTY, TORT, STRICT LIABILITY, OR OTHER THEORY), ARISING OUT OF OR RELATING TO THE PROGRAM OR ANY REFERRAL AWARD EXCEED $100 USD.

Taxes

VDC is not responsible for any taxes, duties or other obligations relating to the issuing of this Referral Award. Any payment of tax or duty is your sole responsibility.

If and to the extent VDC is required by an authorized tax authority to withhold any taxes on the Referral Award, VDC shall provide all required reporting and withhold any such amounts as required by law and the Referral Award issued to you will be net of any such withheld amount. VDC shall make no payments other than withholding payments, if required, and shall not be responsible for any payment of any other amount required in order to allow the delivery of the Referral Award to you.

Termination

VDC reserves the right to modify or terminate the Program at any time at its sole discretion. VDC also reserves the right to modify, substitute or terminate any Referral Award at its reasonable discretion.

Governing Law

These Program Terms and Conditions are governed by and will be enforced under the laws of the State of Florida.