Earn Rewards by sharing Imerso with your peers

1. Introduction

The terms herein define the conditions of your participation in the Imerso Referral Programme (the “Programme”), which was created to reward you (“you”, the “Referrer”, “Affiliate”, or “Participant”) for promoting and recommending our products and services to your peers, who sign up to become Imerso customers (the “Referred Customer”). 

To be a Participant, you must first submit an application and receive written acceptance by us ("us", or "Imerso AS", or "our Company"), confirming your entry in the programme. If you do not receive written reply from us within 30 days of your submission, your application is considered rejected. Becoming a Participant, you hereby agree to the terms contained here. If you do not agree to the terms of this Programme in their entirety, you are not authorised to participate.

2. How the Programme Works

The Programme means to reward you for providing us with qualified customer referrals.
A Qualified Referral occurs when the following three points are met:

1. 1) You write us an email Notification telling us about a new prospective lead to whom you’ve been recommending our products (the “Prospective Customer”), advancing that they may soon get in contact with us to learn more;
   

2. 2) The Prospective Customer engages our team and requests a quote, provided that such Prospective Customer (a) is not yourself or your company (no self-referrals), (b) is not already an existing Imerso customer, (c) is not rejected as a non-qualified lead by Imerso AS at our sole discretion, (d) has not been part of an active sales process by our team independent of your referral in the last 2 months, and (e) has engaged with us distinctly as a result of your referral; 
   

3. 3) The Prospective Customer signs up to a minimum of one annual subscription to Imerso software within 2 months of your Notification, thus becoming a Referred Customer. Purchases of test licenses, or any similar one-off payments, are not eligible.

Each Qualified Referral entitles you to a Referral Reward (the “Reward”): 

You will receive a payment equal to 15% of the price of the subscription that the Referred Customer purchased, limited to the first year of that subscription. If a customer downgrades their subscription, doesn’t pay in full, or fails to pay entirely, your Reward amount will be adjusted accordingly. You do not receive additional Reward if a customer upgrades their initial subscription. At its sole discretion, Imerso AS will pay you the Reward amount on a monthly or quarterly basis, subject to having received the payment from the Customer, and in the currency and conversion rate we deem appropriate (typically, EUR, USD or NOK). Rewards and commissions of other programmes are mutually exclusive and non-cumulative.

3. Duration and Termination

These terms are applicable and valid for as long as you participate in the programme, until participation is terminated. Both parties may terminate with immediate effect, with or without cause, by giving written notice to the other party. Upon receiving a termination notice, your right to receive Rewards or payment for any unpaid Reward amounts, will cease immediately.

4. Participants Conduct

The terms herein constitute the entire agreement between Referrer and Imerso AS. Nothing in this agreement is intended to create an employment or agency or vicarious relationship between Imerso AS and the Referrer. The Referrer acts solely on its own behalf and in its own interest. Referrers shall not falsely represent themselves as acting on behalf of Imerso AS. The Referrer is responsible for complying with all legal and tax requirements and needs to ensure to follow applicable tax rules. Referrers must also not engage in any such activities that can be considered as competing with Imerso AS. This Agreement does not create an exclusivity agreement between Imerso AS and the Referrer, and in no way limit Imerso AS’s right to engage and sell products, directly or indirectly, to any current or prospective customers. Should there be any conflict regarding the source of a referral, Imerso AS shall have full discretion in the attribution and payment of Rewards. Imerso AS reserves the right to withhold and, if necessary, permanently refuse the payments of Rewards until final clarification in case of violations of the terms, or any misconduct. You may not assign or transfer your rights and duties as a Participant to any third-party, including any transfer by reason of merger, reorganisation, change of control or operation of law, without our prior written consent. 

5. Intellectual Property 

The Referrer acknowledges that any and all rights existing in respect to Imerso AS and its products, including any and all intellectual property rights such as copyrights, trademark rights, patents and any and all other protective rights are, and shall remain, exclusive property of Imerso AS or its licensors. Imerso logos and other marks are our trademarks, and you may not use them without our prior written permission. We encourage all customers, Affiliates and partners to provide suggestions for improving our Products. You agree that all such comments and suggestions will be non-confidential and that Imerso AS will own all rights to use and incorporate them into Imerso Products, without payment or assigning ownership to you.

6. Confidentiality

Both Parties agree to keep secret all confidential information of the other Party. The term Confidential Information does not include such information which (i) is or becomes available in the public domain or generally (except by reason of any breach of this Agreement by informed Party or its Representatives); (ii) was already legitimately in the possession of the informed Party and not subject to a duty of confidentiality, before the informed Party received the information from the informing Party or (iii) was received from a third party who was entitled to disclose this information without restriction. Upon termination of the Agreement, the Party which has received Confidential Information of the other Party shall either return or destroy all Confidential Information (including all embodiments, data carriers and copies) immediately and at its own expense, and confirm this to the other Party. The rights and obligations in this clause shall be effective for 2 years after the termination of the Agreement.

7. Modification

We reserve the right to modify this Programme and its terms at any time, at its sole discretion, and without notice to you, including making updates, partial or temporary suspensions, or full cancellation of the Programme. We also reserve the right to disqualify any customers or prospective customers at any time from participation in the Programme. If we update or change these terms, the updated version will become effective at the date it is published online and/or shared with you by email. We encourage you to review the terms periodically, and if you don’t agree to any change, you can choose to terminate your participation. 

8. Disclaimers

You hereby expressly understand and agree that Imerso AS makes no representations or warranties about the suitability, reliability, availability, timeliness, security, or accuracy of our products for any purpose. Imerso AS disclaims all warranties and conditions of any kind with regard to the Imerso products, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.

9. Indemnification

You will indemnify, defend, and hold our company harmless against any third-party claim brought against us if such claim is based upon or arises out of (a) your participation in the Referral Programme, (b) our use of prospect customer data that you provided us, or (c) your noncompliance with the terms of this Programme. You shall not accept any settlement that (i) imposes an obligation on us; (ii) requires us to make an admission; or (iii) imposes liability not covered by these indemnifications or places restrictions on us without our prior written consent. If, notwithstanding the other terms herein, Imerso AS determines to have any liability to you or any third party in relation to your participation in the Programme, the parties hereby agree that our aggregate liability will be limited to the total Rewards amount you have actually earned in the 12-month period preceding the event giving rise to the claim.

10. Severability & Survival

If anything here is determined to be invalid or unenforceable by applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect. The following sections shall survive the termination of this Agreement: “Intellectual Property”, “Confidentiality”, “Disclaimers”, “Indemnification”, and “Severability”.

11. Applicable Law

This Agreement shall be governed by the laws of Norway.