Last Updated: 2/24/2022

The Nrby.io Referral Program (the “Program”) details provided in this agreement governs your participation in the program. The program is in addition to any agreements between you and Nrby.io, including as applicable by law the Nrby.io Privacy Policy and Nrby.io Terms and Conditions. The Nrby.io general Terms and Conditions are incorporated by reference and shall apply to your participation in the program, including, if necessary, to resolve any disputes between you and Nrby.io related to or arising out of the program.

The program is offered by Nrby.io, Inc. and its affiliates (together referred to as “Nrby.io”) and provides Users who are interested in referring eligible Event Creators and Venues to join the Nrby.io community as new users on the platform. The program applies to both referrers and referred Users, so please read carefully to understand your respective rights and obligations.

You, by participating in this program, are considered the “Referrer” or “Participant” and any eligible Event Creators or Venues you sign up are considered the “Referee” or “Referral.”

Nrby.io and the Referrer in this agreement (the “Parties”), through the referrer’s own participation, acknowledges that the Referrer is an independent contractor and acts as an independent contractor. Under no circumstances shall the Referrer be considered an employee and this agreement does not constitute any other partnership between the Parties.

1.0 PARTICIPANT/REFERRER ELIGIBILITY

To be eligible to participate in the Nrby.io Referral Program as a referrer, you must meet the following requirements:

• be a legal resident of your country;
• be the age of majority in your territory of residence;
• maintain a Nrby.io account in good standing.

Referrers may be Event Creators, Venues, or interest party under this program. If you violate this agreement or any applicable Terms of Service, Nrby.io may suspend or terminate your ability to participate in the program under any or all your accounts.

2.0 REFERRAL ELIGIBILITY

To be considered an eligible referee (the referral), the individual or company must meet the following requirements:

• have never previously held an account with Nrby.io or started an application to join;
• meet all eligibility requirements and be approved by Nrby.io to join;
• satisfy the reward criteria and maintain your account in good standing.

Eligibility and approval is determined by Nrby.io at its sole discretion, and is not guaranteed.

3.0 PAYMENT AND FEES

The Parties agree that the Referrer will receive commission per referral so long as the reward criteria is met. The Parties agree that the means of payment will be via ACH direct deposit or PayPal. The Parties agree that no late fees or other consideration will be granted. Payments will be paid out within 30 days of the 3-month window period.

Fee Structure

• Free Events – At least 50 tickets over 3 months from registration date: $100 per referral
• Paid Events – At least 50 tickets over 3 months from registration date: $100 per referral
• Paid Events – At least 125 tickets over 3 months from registration date: $500 per referral
• Paid Events – At least 250 tickets over 3 months from registration date: $1,000 per referral

The Participant is responsible for their own fees incurred with participation in the Program.

4.0 REWARD CRITERIA

The Participant agrees that the following is the reward criteria, and it must be met to be eligible for payment under the fee structure.

• Rules in Section 1: Participant/Referrer Eligibility are met
• Rules in Section 2: Referral Eligibility are met
• Rules in Section 3: Payment and Fees are met, specifically the minimum thresholds for ticket quantities for each payment threshold
• Rules in this Section are met, specifically;
  • Referral must host an event(s) within three months that reach the ticket threshold requirements
  • Referral must maintain an account in good standing during that period
  • Accurate tax information and forms must be in possession of Nrby

 5.0 CONFIDENTIALITY

All terms and conditions of this Agreement and any materials provided during the term of the Agreement must be kept confidential by the Referrer unless the disclosure is required pursuant to the process of law. The Referrer will not be entitled to use any information provided to him/her even after the conclusion of the Agreement for a period of 3 years. Disclosing or using this information for any purpose beyond the scope of this Agreement, or beyond the exceptions set forth above, is expressly forbidden without the prior consent of Nrby.io. This section will remain in force regardless of the fact in case the Agreement is terminated. The Referrer is not to use the Nrby.io’s information for advertisements or any other promotional activity without written consent.

The Referrer is not to use any intellectual property provided to him/her by the Nrby.io without the written consent of the Nrby.io.

6.0 LIMITATION OF LIABILITY 

Under no circumstances will either party be liable for any indirect, special, consequential, or punitive damages (including lost profits) arising out of or relating to this Agreement or the transactions it contemplates (whether for breach of contract, tort, negligence, or other form of action) in case such is not related to the direct result of one party’s negligence or breach.

7.0 INDEMNITY

The Participant agrees to indemnify and hold Nrby.io harmless to any claims or liabilities. This also applies to their affiliates, agents, officers, employees, and/or successors. The Participant in this Agreement is responsible for any claims, liabilities, damages, losses, penalties, punitive damages, expenses, any reasonable legal fees and/or costs of any kind or any amount that may arise. This includes, but is not limited to, any amount which may result from the negligence of or the breach of this Agreement by the party that is indemnified, its successors and assigns that occurs in terms of this Agreement.

This section will remain in full force and tact as well as effect even upon the termination of the Agreement naturally or the early termination by either of the Parties.

8.0 DISPUTE RESOLUTION

Any dispute or difference whatsoever arising out of or in connection with this Agreement shall be submitted to mediation in accordance with, and subject to the laws of, Minnesota.

9.0 GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of Minnesota

10.0 SEVERABILITY

In an event where any provision of this Agreement is found to be void and unenforceable by a court of competent jurisdiction, then the remaining provisions will remain to be enforced in accordance with the Parties’ intention.

11.0 ENTIRE AGREEMENT

This Agreement, and the Privacy Policy, Cookie Policy, and Terms and Conditions for using the application contains the entire Agreement and understanding among the Parties hereto with respect to the subject matter hereof, and supersedes all prior agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. The express terms hereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof. This agreement may be modified at any time without notice.

12.0 AMENDMENTS

The Parties agree that any amendments made to this Agreement must be in writing where they must be signed by both Parties to this Agreement.

As such, any amendments made by the Parties will be applied to this Agreement.

13.0 ACCEPTANCE

The Parties hereby agree to the terms and conditions set forth in this Agreement. Actively participating in this Program constitutes an acceptance and acknowledgement of these terms.