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Bevi Partner Spiff Program

These Terms and Conditions (“Program Terms”) apply to Bevi’s Partner Spiff Program (the “Program”) offered by Hydration Labs, Inc., dba Bevi (“Bevi”) and set forth the legally binding terms and conditions for participation in the Program as a Referrer (as defined below). Please read these Program Terms carefully before participating in the Program.

 

By participating in the Program in any manner, You (“You”) agree to be bound by the following Program Terms as applicable. The Program is subject to the Bevi Terms and Conditions (“Terms and Conditions”), Bevi Trademark Policy (“Trademark Policy”), and Bevi Privacy Policy (“Privacy Policy”), which are incorporated herein by this reference. Except as otherwise defined herein, all capitalized terms used herein have the respective meanings given to them in the Terms and Conditions, Trademark Policy and/or Privacy Policy.

 

In all matters relating to the administration of the Program, the decisions of Bevi will be final. Bevi may modify, update or discontinue the Program, in whole or in part, with or without notice, and will not be liable You in the event of any modification, suspension or discontinuance of the Program.

Referrer Eligibility

Only an eligible Referrer (“Refferer”) is allowed to participate in the Program. Bevi employees are not eligible to be a Referrer. Additionally, A Referrer must be:

1. a U.S. or Canadian legal resident;
2. at least 18 years old; and
3. an employee of a company that was i) targeted by Bevi for this Program and ii) that sells or leases Bevi machines.

 

Eligible Leads

During the window of the Program Timing, as defined below, a Referrer may submit an Eligible Lead (“Eligible Lead”) for an opportunity to receive the Redemption, as also described below. An Eligible Lead must be a customer purchasing or leasing a Bevi machine Standup 2.0, where:

 

1. the customer does not have any other Bevi machine in an office space within the same building as the Eligible Lead placement;

2. the Eligible Lead did not originate from Bevi, be currently pursued by Bevi, or be within the pipeline of a Bevi sales representative; and

3. the customer of the Eligible Lead has consented to be contacted by the Referrer.

 

Program Timing

The Program Timing (“Program Timing”) is as follows: The Program will begin October 1, 2023, at 12:01 am EST and end at 11:59 pm EST on January 31, 2024. Each Eligible Lead must be received by Bevi by 11:59 pm EST on January 31, 2024, and any applicable installation of a Bevi Machine must be installed by 11:59 pm EST on February 29, 2024.

 

Redemptions

If within the Program Timing window, a Referrer i) orders a Bevi machine from Bevi for an Eligible Lead; ii) completely fills in the redemption form (“Form”), found at https://bevi.wpengine.com/partner-referral, and must include the applicable sales order number received by Bevi when ordering the Bevi machine; and iii) installs the Bevi Machine for the Eligible Lead, then the Referrer will be eligible for a $150 gift card per machine for each Bevi machine ordered for an Eligible Lead (“Redemption”);
Bevi will decide the source and type of the gift card in the Redemption. Bevi will provide the Referrer its Redemption by the 30th day after installation Fof the Eligible Lead’s Bevi machine.

 

Additional Program Terms

Bevi expressly reserves the right to disqualify any Eligible Leads it believes in its sole discretion are generated by scripts, macros or other automated or fraudulent means or violation of these Program Terms and to take action and seek damages to the fullest extent permitted by law against any user it finds to be tampering with the operation of the Program or otherwise acting in violation of these Program Terms, which may include, without limitation, terminating Your contract with Bevi or participation in the Program, or delaying or canceling the rewarding of Redemptions.

 

Disclaimer of Warranties

PROGRAM PARTICIPANTS EXPRESSLY UNDERSTAND AND AGREE THAT THE PROGRAM IS PROVIDED “AS IS”, AND BEVI MAKES NO, AND HEREBY DISCLAIMS ALL, WARRANTIES, WHETHER EXPRESSED, IMPLIED, OR STATUTORY, ABOUT THE PROGRAM AND THE BEVI MACHINES AND ANY OTHER PRODUCTS OR SERVICES OBTAINED THROUGH THE PROGRAM, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN TRADE.

 

Limitation of Liability; Release

TO THE FULLEST EXTENT PERMITTED BY LAW, BEVI, AND ITS VENDORS AND SERVICE PROVIDERS, SHALL NOT BE LIABLE TO YOU OR ANY OF YOUR REFERRERS, ELIGIBLE LEADS, AND YOU HEREBY RELEASE BEVI AND ITS VENDORS AND SERVICE PROVIDERS FROM, ANY CLAIMS, ACTIONS, INJURY, LOSS OR DAMAGE OF ANY KIND RELATED TO THE PROGRAM, THESE PROGRAM TERMS, OR THE SUBJECT MATTER HEREOF, INCLUDING WITHOUT LIMITATION, CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES, OR ANY LOSS OF PROFIT OR INCOME, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, WARRANTY, OR OTHER LEGAL OR EQUITABLE THEORY, EVEN IF BEVI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL BEVI, OR ANY VENDORS’ OR SERVICE PROVIDERS’, MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM EXCEED $50.

 

Miscellaneous

These Program Terms, together with the Terms and Conditions, Trademark Policy, Privacy Policy, and other policies and guidelines provided by Bevi, set forth the entire agreement, and supersede any and all prior agreements, of the parties with respect to the subject matter hereof. In the event of a dispute about the party receiving a Redemption, all redemptions and referrals will be deemed to have been made by the owner of the e-mail account that is associated with the account used to fill out the Form. Bevi is not responsible for any communication errors, any technical issues, including any failures to provide Redemptions resulting therefrom, or any other matters beyond Bevi’s reasonable control. Bevi’s failure to enforce any term of these Program Terms will not constitute a waiver of that provision. If any provision of these Program Terms is held to be invalid, illegal or unenforceable in any respect, that provision shall be limited or eliminated to the minimum extent necessary so that these Program Terms otherwise remain in full force and effect and enforceable.

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