Last Updated: December 15, 2022

This Peek Pro Referral Program Agreement (“Agreement”) governs your participation in our customer referral program titled, “Peek Pro Referral Program” (the “Program”). By submitting an application or otherwise participating in the Program, you agree to be bound to the terms of this Agreement.

Program Overview. The Program allows members to refer potential customers to Peek Pro via a portal to be made available by Peek Travel, Inc. (Peek). To become a Program member, you must (a) have a Peek Pro or higher subscription plan; and (b) submit an application to Peek through the Program’s online portal. Peek will inform you via email if you have been selected as a Program member. Peek reserves the right to determine Program membership in its sole discretion. Peek employees are not eligible to participate in this program

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Referral Process

To refer a customer, you must provide the prospective customer’s email, generate an email through the Program portal and comply with any additional instructions set forth in the Program portal. Each properly submitted email shall constitute a “Referral”. Any referral that does not comply with the foregoing requirements (including any email sent outside of the Program portal) shall be deemed invalid and will not create any obligations on the part of Peek.

After you submit a Referral, you will be deemed to have acquired a customer (each, a “Qualified Customer”) where:

• the customer purchases a Peek Pro or higher tier subscription within 30 days after the date of the Referral.
• the customer enters into an agreement for a Peek Pro Enterprise subscription within 3 months after the date of the Referral.
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Exclusions

‍Notwithstanding the above, no Qualified Customer will result from: (a) entities that were, within 90 days before the date of the Referral, an existing Peek Pro customer or were in active discussions with Peek to become a customer; (b) customers who signed up for free-trial offers only (unless and until such customers become paying subscribers); (c) customers who became subscribers pursuant to a Peek Pro discount offer, bundle, or gift offer (i.e., gift with purchase) separate from the Program; or (d) entities that you have repeatedly referred. 

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Multiple Referrals

‍In cases where multiple referrals are made for the same customer by different members, Peek shall have the right to determine which referring member shall receive credit for the customer or whether to split the referral fee.

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No obligation to Contract. Peek shall have no obligation to contract with any potential customer that you refer. 

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Additional Definitions. As used herein: (a) a “self-serve subscription” means a subscription to a PeekPro software-as-a-service product wherein the customer transacts directly with Peek through online means only; and (b) an “enterprise subscription” means a subscription to a Peek software-as-a-service product wherein the customer enters into a contract through a process involving a Peek salesperson. 

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Economics
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Referral Fees

‍Peek will pay you a referral fee in the form of a PayPal payout as follows: 

• $100 for each Qualified Customer who is in tier 1 of online reviews;
• $200 for each Qualified Customer who is in tier 2 of online reviews; 
• $1000 for each Qualified Customer who is in tier 3 of online reviews.
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Determinations

‍Peek shall have the right to make all determinations concerning Referrals, Qualified Customers, and the earning of referral fees, and all such determinations shall be binding on you. Peek shall have no obligation to pay a referral fee for any purchased product or service that is not described above or where you have violated any term of this Agreement.

Payment Terms

‍Peek will release the referral fees within 90 days after each Qualified Customer becomes a Peek Pro customer. No fee shall be payable if, during the foregoing 90-day period, the customer receives a refund (whether partial or in full), the transaction is subject to a credit card chargeback, or the account is terminated due to non-payment. All amounts are stated in U.S. dollars. 

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Restrictions

‍In connection with your participation in the Program, you must comply with the restrictions below. Any failure to do so will void any obligation by Peek to pay a referral fee. In addition, you agree to indemnify and defend Peek from any losses arising out of your breach of the restrictions below. 

You must comply with the terms hereof, any additional requirements posted by Peek in the Program portal, and all laws. 

You may not:

• represent that you are employed by, affiliated with, endorsed by, or an authorized reseller of Peek, provided that you may refer to yourself as a member of the Program; 
• make any false or misleading statement about Peek, the Program, or Peek’s Service
• use any fraudulent or deceptive practices; 
• modify any of Peek marketing materials made available to you;
• use any Peek marketing materials to sell non-Peek goods or services; or 
• use Peek’s name and logo except as permitted hereunder. 
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Modification; Termination‍

Peek may, at any time and in its sole discretion, modify or discontinue the Program (including by changing referral fee structure), provided that such modifications will take place on a go-forward basis only. Peek shall have the right to immediately suspend or terminate your participation in this Program if you violate the terms hereof.

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Nature of relationship

‍You and Peek are independent contractors of one another. The Program and your membership in the Program does not, and will not, create any partnership, joint venture, employer-employee, or franchisor-franchisee relationship  between the parties.  You may not assign this Agreement; any such assignment will be void.

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Other Terms

‍This Agreement incorporates by reference the following provisions of Peek’s Terms of Service, available at peek.com/terms.

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