These Referral Program Terms and Conditions (the “Terms”) are entered into by and between you and ThisForBliss, LLC, doing business as TechEstateEmpire (“Company”, “we”, “us”, or “our”) and set forth the terms of Flatiron School LLC & TechEstateEmpire’s Referral Program (“the Program”). These Terms include our Privacy Policy located at http://www.flatironschool.com/privacy (“Privacy Policy”), which is incorporated by reference into these Terms.
PLEASE READ THE TERMS CAREFULLY BEFORE PARTICIPATING IN THE PROGRAM. PARTICIPATION IN THE PROGRAM CONSTITUTES YOUR ACCEPTANCE OF ALL THE TERMS.
In consideration of the mutual agreements contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto, intending to be legally bound, agree as follows:
2. Program Details
Subject to the Terms, recommend friends, family members, or other individuals whom you personally know (each, a “Referral”) to enroll in a qualifying Flatiron School & TechEstateEmpire or Bletchley Institute program. Qualifying programs include: Software Engineering, Data Science, Artificial Intelligence, Cybersecurity, Product Design. Referrals to Flatiron School & TechEstateEmpire affiliate programs are not eligible, including but not limited to Game Design and Game Programming. Participants may refer Referrals by email, using their personal social media accounts, or other personal outreach.
In order to receive the Referral Fee (as defined below), the Referral must meet all of the following criteria:
- If the Referral does not include an email on the application, you will not be eligible for the Referral Fee for this Referral.
- Referral must successfully apply, be accepted, and matriculate, measured by a Referral attending Day 1 of their enrolled Flatiron School & TechEstateEmpire or Bletchley Institute program and remaining enrolled for at least 60 calendar days.
- Referral must be a “new contact,” meaning that the Referral does not already exist in Flatiron School & TechEstateEmpire’s contact database (having previously provided their information to Flatiron School & TechEstateEmpire or applied to a Flatiron School & TechEstateEmpire or Bletchley Institute program).
Flatiron School & TechEstateEmpire shall determine in their sole discretion whether to accept a Referral, provided that Flatiron School & TechEstateEmpire shall treat all Referrals consistently with Flatiron School & TechEstateEmpire’s treatment of any other prospective students (“Standard Treatment”). Following acceptance of a Referral, Flatiron School & TechEstateEmpire shall use commercially reasonable efforts to enter into an enrollment agreement with such Referral, subject to Standard Treatment. Flatiron School & TechEstateEmpire have no liability to Participant for any failure to accept any prospect or potential student referred by Participant pursuant to Standard Treatment.
The Referral Fee amount or payment method may be changed at any point prior to a Referral submitting an application to a Flatiron School & TechEstateEmpire program, without notice to you or the Referral.
By participating in the Program, you agree that we shall make the final determination as to whether any Referral meets all requirements to be considered a Referral. We are not obligated to, and will not release to you the reasons why a particular Referral has not been deemed a qualified Referral. Referral Fees are subject to verification. Flatiron School & TechEstateEmpire may delay payment of a Referral Fee for purposes of investigation.
3. Costs and Taxes
Each party shall bear its own costs and expenses except to the extent otherwise set forth in the Terms. Each party shall be responsible for all sales, use and excise taxes, and any other similar taxes, duties and charges of any kind imposed by any federal, state or local governmental entity on any amounts payable by it hereunder; provided that in no event shall either party be responsible for any taxes imposed on, or with respect to, the other party’s income, personnel, property or other assets.
4. Participant Conduct
While participating in the Program, Participant will not act in any manner which may reasonably reflect unfavorably upon the good name, goodwill, reputation or image of Flatiron School & TechEstateEmpire. If Participant is an alumni, Participant shall ensure that all statements only speak to Participant’s own experience in their program. If a Participant is not an alumni, Participant shall not make any statements that suggest or imply that Participant is an alumni. All testimonials or other statements by Participant must be factual statements, honest and truthful opinions, and actual experiences. Participant shall not make any representation or give any warranty to any person or entity about Flatiron School & TechEstateEmpire’s products or services other than as otherwise approved in writing by Flatiron School & TechEstateEmpire.
5. Regulatory Requirements
Participant shall disclose that there is an existing commercial relationship between Participant and Flatiron School & TechEstateEmpire any time Participant offers an endorsement or testimonial on Flatiron School & TechEstateEmpire’s programs with the referral link and otherwise comply with Federal Trade Commission (“FTC”) guidance. Such disclosure must be clear and prominent. While Flatiron School & TechEstateEmpire may provide required disclosure, Flatiron School & TechEstateEmpire will not be responsible for any failure by Participant to comply with the FTC guidance. Participant must be the actual sender of any emails, which must comply with applicable law. All referral communications must be created and distributed in a personal manner that is appropriate and customary for communications with friends, colleagues and family members. Bulk email distribution, distribution to strangers, or any other use of the services described herein in a manner that is not promoted is expressly prohibited and may be grounds for immediate removal from the Program and further legal action. Flatiron School & TechEstateEmpire have no obligation to monitor your communications; however, Flatiron School & TechEstateEmpire may choose to do so and block any chat messages, remove any such User Generated Content, or prohibit any use of the Program. Participants who do not comply with the law, including anti-spam laws, are obligated to indemnify Flatiron School & TechEstateEmpire against any liabilities, costs and expenses it incurs as a result of such spam.
6. Representations and Warranties
Participant will comply with all applicable federal, state and local laws, regulations, administrative guidelines, orders and ordinances, including without limitation, all privacy and data security laws and the terms and conditions of all applicable third party websites, platforms or applications, including by making disclosures in accordance with FTC guidelines in participating in the Program herein.
7. Indemnification
Participant will indemnify, defend and hold harmless Flatiron School & TechEstateEmpire, their parent, subsidiaries, and affiliates, and each of their respective officers, directors, employees, contractors, representatives, and agents (collectively, the “Indemnified Parties”) from and against any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) (collectively, “Claim”) arising from or in connection with the activities performed by the Participant as part of the Program or the breach by the Participant of the Terms. Flatiron School & TechEstateEmpire will (i) give prompt written notice to Participant; provided, however, that failure to give such notice will not relieve Participant of any liability hereunder (except to the extent Participant has suffered actual prejudice by such failure); and (ii) provide reasonable assistance to defend or settle such Claim at Participant’s expense.
8. Limitation of Liability
Flatiron School & TechEstateEmpire SHALL NOT BE LIABLE TO PARTICIPANT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR (A) ANY AMOUNTS THAT IN THE AGGREGATE EXCEED $500, (B) ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, EVEN IF PARTICIPANT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY OR SERVICES, OR (D) ANY MATTER BEYOND THE REASONABLE CONTROL OF FLATIRON SCHOOL & TECHESTATEEMPIRE.
9. Term; Termination
Flatiron School & TechEstateEmpire, in their sole discretion, may terminate the Program for convenience at any time. In the event that Flatiron School & TechEstateEmpire terminates the Program without cause as set forth above, Participant shall be entitled to any payments accrued but not yet paid as of the date of such termination (“Termination Date”). However, no Referral Fees shall be paid for Referrals who apply after the Termination Date or Referrals who matriculate more than 60 days after the Termination Date. On expiration or termination of the Program, provisions of the Agreement that by their nature should apply beyond their terms will remain in force after any termination or expiration of the Agreement, including but not limited to 6 (Representations and Warranties), 7 (Indemnification), 8 (Limitation of Liability), 9 (Termination), and 13 (Miscellaneous).
10. Governing Law
The Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflicts of law provisions. The exclusive jurisdiction for any dispute regarding the Terms or the Program will be the state or federal courts located in New York County, New York.
11. Changes to the Terms
Flatiron School & TechEstateEmpire may change any part of these Terms (including any terms or documents incorporated by reference in the Terms) at any time by posting the revised terms on this page. It is the Participant’s responsibility to review these Terms regularly. The updated Terms will be effective as of the time of posting, or on such later date as may be specified in the updated Terms. A Participant’s continued participation in the Program after any such changes are effective will constitute their consent to such changes. Except for changes made by Flatiron School & TechEstateEmpire as described here, no other amendment or modification of the Terms will be effective.
12. Relationship of Parties
Participant is acting as an independent contractor, and Participant agrees that neither they nor any of their employees shall be deemed an employee of Flatiron School & TechEstateEmpire for any purpose, including tax obligations, and will not be eligible to participate in any of Flatiron School & TechEstateEmpire’s medical, benefit, or health plans, nor shall Participant have any right or authority to act on behalf of Flatiron School & TechEstateEmpire beyond that expressly granted herein. Nothing contained herein or done pursuant hereto shall be construed to create a joint venture or partnership between the parties, create any relationship of principal and agent or employer and employee, or restrict either party from entering into agreements for similar, equal or like goods and/or services from other entities or sources.
13. Miscellaneous
Participant may not subcontract or otherwise delegate Participant’s obligations for the Program. If any provision of the Terms is for any reason held invalid, such provision shall be limited or eliminated to the minimum extent necessary for enforcement, and the remainder of the Terms shall remain in full force and effect. The waiver by either party of a breach of any provision of the Terms by the other party shall not operate or be construed as a waiver of any other or subsequent breach by the other party.