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Webfleet General Terms and Conditions for the Referral Program

These general terms & conditions for the referral program ("General Terms & Conditions") may be amended from time to time, the latest version of these terms is available at https://www.webfleet.com/en_us/webfleet/lp/referral/1-month-free/. These general terms & conditions are applicable to the referral program ("Program") between TT Telematics USA Inc., established at De Ruyterkade 154, Amsterdam, The Netherlands ("TomTom") who is offering the Program and you who are participating in the Program as a referring party for Referrals ("You").

Only those companies established in South Africa, Chile, Mexico, United States, Australia, New Zealand, Germany, Austria, Switzerland, the Netherlands, Luxembourg, Italy, France, United Kingdom, Ireland, Spain, Sweden, Belgium, Denmark, Poland, and Portugal (mainland and islands) who are existing customers of Webfleet and who are referring active leads of business contacts to Webfleet ("Referrals") are entitled to participate in the Program subject to these General Terms & Conditions.
Webfleet will give You a discount for each Referral made that meets the below Conditions equivalent to the value of 1 (one) month of the total Webfleet subscriptions of the Referral, but which shall not be higher than 1 (one) month of the total of Your own Webfleet subscriptions at the time of the referral ("Referral Discount"). The Referral Discount will be set off against the invoice of Your current Webfleet subscription three months after the Referral's subscription has been activated subject to these General Terms & Conditions.
The Referral Discount will be given to the TomTom customer, and not to individuals within this company and will only be made when the following additional conditions have been satisfied ("Conditions"):
- The Referral has been submitted correctly and completely by filling in the form on the Webfleet website ("Online Referral Form") by 12/31/2023; and
- The Referral has not yet been registered in the Webfleet CRM system and may not be viewed as an existing lead or an opportunity for growth; and
- The Referral must sign and submit the contract for his Webfleet subscription(s) to Webfleet by 12/31/2023.
You will be informed about the status of Your Referrals.
Once You submit a Referral Webfleet will check whether the Conditions in article 3 have been satisfied.
Irrespective of whether the Referral satisfies the Conditions, Webfleet reserves the right to withhold any Referral Discount in the event that You do not satisfy the provisions in these General Terms & Conditions.
By providing the personal information of any Referral, You warrant that You have obtained the necessary valid consent from that Referral to provide that personal information to Webfleet.
Webfleet and You are bound to strict confidentiality and You should not in any way disclose or communicate any confidential information from one of the parties that has been received in accordance with the General Terms & Conditions ("Information") to any third party except for Webfleet' distributor. Both parties should take the necessary measures to safeguard Information that is of a confidential nature. With this purpose in mind both parties should only communicate Information to the member(s) of staff who need to be made aware of it and who need to be able to use this Information in relation to the Program.
Webfleet's rights pursuant to these General Terms & Conditions do not in any way affect any other rights or legal redress available or affect Webfleet's ability to exercise any rights without omission or delay.
Webfleet is entitled to immediately terminate the Program at any point in time should it no longer be of a commercial value to Webfleet.
Webfleet is not responsible or liable for incomplete Online Referral Forms and/or Online Referral Forms with incorrect referrals.
Both parties are entitled to immediately terminate this Agreement by written notice should one of the parties: (I) significantly infringe one of the obligations pursuant to these General Terms & Conditions and (in the event that the infringement cannot be restored) is not able to restore the negligence within thirty (30) days of a written request by the other party to do so, (II) admit in writing it is not able to satisfy its debts at the point at which these need to be satisfied, (III) settles a general claim to the benefit of its creditors, (IV) initiates proceedings to declare voluntary bankruptcy or provides permission for a bankruptcy application to be submitted against that party, (V) is declared insolvent or bankrupt by a competent court, (VI) initiates a reorganization pursuant to bankruptcy law or agrees to an application for such a reorganization to be made, or (VII) the company is dissolved.
Webfleet reserves the right to alter its Program offerings and benefits, as well as its pricing and commission structure, at any time without notice and at its sole discretion. Please refer to our website to read our Webfleet General Sales Terms and Conditions and its Schedules which always apply to all our quotations and contracts.
You acknowledge and agree that the participation in the Program shall not render You (or any officer, worker, employee, consultant or agent of You [together "Your Staff"]) an employee or worker of Webfleet. You shall not (and nor shall Your Staff) be entitled to participate in and will not be covered by any benefits or policies or procedures granted to or applicable to employees of Webfleet.
You shall indemnify Webfleet in respect of any liability (including reasonable costs and expenses) incurred by Webfleet in connection with any of Your Staff against Webfleet arising out of or in connection with Your participation in the Program or the provision of related or ancillary services.
No partnership or agency between the parties. Nothing in this Agreement is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, or authorize any party to make or enter into any commitments for or on behalf of any other party except as expressly provided in this Agreement.
This Agreement and all disputes and claims arising out of or in connection with, shall be governed by the laws of England and Wales. The Parties irrevocably and unconditionally agree that the relevant courts of England and Wales shall have exclusive jurisdiction over all such disputes and claims. In the case of legal action being taken against Webfleet by You, it will result in You being excluded from the Program.

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