1. Program Overview

The TELAIR Affiliate Program (the “Affiliate Program” or the “Program”) is offered by TELAIR.NET LTD. (“TELAIR”) and provides the opportunity to refer your friends, colleagues and associates to TELAIR and receive compensation. You do not have to be a TELAIR customer to participate in the Affiliate Program.

2. Program Details

TELAIR will award cash or a TELAIR account credit (for current TELAIR customers)(the “Reward”) to any Eligible Affiliate (as defined below) who refers an Eligible New Customer (as defined below) in compliance with these Affiliate Program Rules (the “Rules”). Rewards will be calculated based on the TELAIR Eligible Product(s) selected by the Eligible New Customer for activation or installation. The Reward will be issued to the Eligible Affiliate following the third consecutive month for which TELAIR receives full payment from the Eligible New Customer provided that the Eligible New Customer’s account has been active and in good standing for at least ninety (90) consecutive days. The Program is valid only in Canada and cannot be combined with any other offers. TELAIR reserves the right to add, modify and/or delete any Rewards and/or requirements to receive any Rewards. TELAIR’s decision with respect to all aspects of the Affiliate Program is final and binding.

3. Definition of an Eligible Affiliate

To qualify as an “Eligible Affiliate”:

1. you must be: 
2. 1. a Canadian citizen, who is 18 years of age or older; or 
   2. a business operating in Canada; and 
3. for TELAIR customers, your existing account(s) must be in good standing at the time of the referral. Reseller or wholesale customers (and/or similar parent/child business relationships) that are part of a larger agreement containing its own special discounted pricing shall be excluded from consideration as an “Eligible Affiliate”.

Existing TELAIR customers, as well as former TELAIR customers and former TELAIR Business customers, are prohibited from referring themselves. TELAIR Partner Program participants are ineligible to receive a Reward pursuant to this Affiliate Program. Business owners, employees or agents are prohibited from referring their respective business(es) or employer(s) (or any affiliates thereof) and are ineligible to receive a Reward. Notwithstanding the foregoing, consultants, contractors and others who are not “employees” are eligible should they refer companies for which they are contracted to work. TELAIR reserves the right to validate that the Affiliate is/was not an employee at the time of referral. Affiliates cannot refer immediate family members living within the same household nor may they resell TELAIR services, as doing so may result in immediate disqualification.

4. Definition of an Eligible New Customer

An “Eligible New Customer” is an individual or business that 

1. is not currently, and has never previously been, a TELAIR customer; 
2. is not already registered as a TELAIR Business lead or contact in TELAIR Business’ records; 
3. signs up for TELAIR Eligible Products while this Affiliate Program is still active; and 
4. maintains an active TELAIR account in good standing for at least ninety (90) days after activation of Eligible New Customer’s account in compliance with the relevant Terms of Service for TELAIR Small Business and/or TELAIR Mid-Market/Enterprise, as applicable. Former TELAIR customers are prohibited from qualifying as an Eligible New Customer. Eligible Products shall be defined as TELAIR Business services with one or more lines, hosted seats, priced at $18 or greater per line. For avoidance of doubt, lines, seats and/or extensions priced at less than $18 each (e.g., phone numbers, addons, etc.) shall be excluded from the definition of Eligible Products.

You agree not to abuse any TELAIR resource, online registration mechanism or the tools in the Referral / Rewards Website by conduct which is, or can be, interpreted to be detrimental to the brand, trademark or interests of TELAIR, including without limitation, attempting to make referrals or receive rewards in a manner inconsistent with these Rules or the intent of these Rules, attempting to earn rewards through illegitimate channels, participating in fraud, or tampering with Affiliate Program or its tools.

5. How to Earn Rewards

Registration for the Affiliate Program can be made at  https://www.telair.net/forms/affiliate (the “Affiliate Form”).

Registration via the Affiliate Form (https://www.telair.net/forms/affiliate)

After you have completed the Affiliate Form, your application will be reviewed by TELAIR at which point it will either be "Approved" or "Denied" based on the eligibility criteria.  If your application is approved, you will then have the option of making referrals by either: 

1. 1. submitting your referrals directly to TELAIR via the "Referral Form" provided, or 
   2. using the tools provided to create a personal link that you can then share via social media. If a potential new TELAIR customer clicks on your personal link and follows the instructions to sign up for a TELAIR plan, and if that referred business ultimately qualifies as an Eligible New Customer, you may be eligible for a Reward subject to the eligibility guidelines and Program Rules.

6. Online Invitations to Potential Referrals

If you choose to invite businesses to sign up for TELAIR via social media, then 

1. you must include the personalized link provided to you in your post, 
2. you must state in your post that you are participating in this Affiliate Program and are eligible to receive Rewards, and 
3. your post must be created and distributed in a personal manner that is appropriate and customary for communications with friends, colleagues, family members and business associates.

If you choose to share via email, the personalized link must be used in your email message. Your email must expressly state that you are participating in this Program. Your email must be created and distributed in a personal manner that is appropriate and customary for communications with friends, colleagues and family members. Note: You can only refer any friend, colleague or family member via email one-time during any calendar year. Sending mass email messages (to multiple recipients at the same time), distribution to strangers, or any other promotion of a personal link in a manner that would constitute or appear to constitute unsolicited commercial email or “spam”, is expressly prohibited and may be (in TELAIR’s sole discretion) grounds for termination from the Program. Moreover, you may not issue marketing communications regarding the TELAIR products and services through any other online means, including texting, emails, on websites, or through any automated email, online or texting marketing method or program, or through telemarketing means, without TELAIR’s prior written consent, which may be withheld in its sole discretion. Further, any invitation to a potential new TELAIR customer must comply with all applicable laws including, but not limited to, CAN-SPAM.

If you choose to display a digital banner on your website or blog, TELAIR will provide you with a downloadable banner graphic. All referrals directly resulting from the banner on your website or blog will be tracked to you.

Regardless of how the Affiliate has registered to participate in the Affiliate Program, should an Eligible New Customer be referred by more than one Eligible Affiliate, only the original Eligible Affiliate validated by TELAIR shall be entitled to be considered to receive all or any portion of the Reward. Referrals are considered active for two (2) years and shall expire after such time. If a prospective TELAIR customer has neither activated nor installed TELAIR products or services within two (2) years after the Eligible Affiliate submits a referral, said referral shall expire and the requisite Eligible Affiliate shall not be entitled to a Reward if the prospective TELAIR customer subsequently purchases TELAIR products or services.

7. Reward Issuance

The Reward will be issued in Canadian Dollars to Eligible Affiliates via a Paypal transfer. In the event the Eligible Affiliate’s account has a past due balance (in the case where the Eligible Affiliate is a TELAIR customer), TELAIR may elect to offset the Reward against any such past due balance. In any case, Rewards are considered taxable income and are subject to local, provincial and federal taxes. If the Eligible Affiliate is eligible to participate in a Rewards program and potential earnings are in excess of thirty thousand dollars ($30,000), a HST number will be required to continue eligibility and an invoice will be generated on your behalf and emailed to you for tax reporting purposes upon rewards withdrawl / transfer. TELAIR recommends that you keep all statements and documents for record keeping purposes. The reward will be issued up to ninety (90) days after a new customer has been deemed eligible under these Affiliate Program rules. The reward amount will be based on the number of active Eligible Products after the ninety (90) day eligibility time frame as set forth below

Reward is $60 per eligible seat paid out after 90 days of eligibility criteria being met.

8.Additional Perks

For Eligible Affiliate's who are continually promoting TELAIR services to Eligible Customers on a regular basis, such as Managed Service Providers (MSPs), can be eligible for;

1. a complimentary PBX with up to 5 user licenses on our 'Professional Series Plan' for their operating business. This can be used as a production PBX system (See section 8. Terms of Service), as long as the Eligible Affiliate who is in receipt of their complimentary phone system is referring a minimum of 5 user licenses of the same plan tier on a monthly basis or can be subject for a year end evaluation of the same. 
2. 1. Eligible Affiliate's who do not meet minimum requirements at evaluation reviews may be transitioned into paid account.
   2. Eligible Affiliate's can submit their complimentary Affiliate PBX via https://www.telair.net/forms/affiliate
      

Eligible Affiliate's and rewards status are typically reviewed on a yearly basis. In some cases TELAIR may schedule for an earlier review date within a calendar year at TELAIR's discretion.

9. General Conditions

By participating in the Affiliate Program, you agree to release, discharge, indemnify and hold harmless TELAIR, its parent, subsidiaries, affiliates, retailers, and advertising and promotion agencies, and all of their respective officers, directors, shareholders, employees and agents (collectively, “Released Parties”) from any liability or damages which may arise out of participation in the Affiliate Program or out of the acceptance, use, misuse or possession of any Reward or products attained through this Affiliate Program. You further agree not to: 

1. 1. bind, create any obligation (express or implied) or negotiate prices or other terms and conditions on TELAIR’s behalf (nor represent to any person, including any prospective TELAIR customer or New Eligible Customer, that you have authority to do so); or 
   2. make any claims regarding the TELAIR services beyond those made by TELAIR in the documentation relating to TELAIR services available at https://www.telair.net/resources/knowledge-base/. Moreover, you also agree that any promotion methods that you use to promote TELAIR products and services to prospective TELAIR customers shall be in accordance with all applicable laws and regulations. All applicable federal, provincial, and local laws and regulations apply.

10. TELAIR Marks

You acknowledge that TELAIR’s names, logos, trademarks, service marks and other intellectual property (and the names of certain products and packages that are provided by TELAIR) (collectively, “TELAIR Marks”) are the exclusive property of TELAIR and that you do not have any proprietary rights therein. You may only use and display TELAIR Marks to the extent specifically designated or authorized in advance by TELAIR. Any marketing materials, communications and displays produced by you shall: 

1. be produced at your sole cost and expense; 
2. comport with reasonable standards of good taste; 
3. comply with TELAIR’s then-current marketing and legal compliance guidelines and rules, which may be updated from time to time; and 
4. comply with applicable laws. For the avoidance of doubt, all publications or public displays using TELAIR Marks must be reviewed and approved in advance by TELAIR prior to first use. All TELAIR Marks are and will remain the sole property of TELAIR. The permissions to TELAIR Marks are revocable by TELAIR at any time in TELAIR’s sole discretion upon thirty (30) days’ notice and immediately without opportunity to cure if, in our sole discretion, you infringe or improperly use or publish any of our Marks. For avoidance of doubt, all applicable federal, provincial and local laws and regulations apply.

Released Parties are not responsible for late, lost, incomplete, delayed, inaccurate, garbled, undelivered, misdirected referrals or Rewards or other errors or problems of any kind relating to or in connection with the Affiliate Program, whether printing, typographical, technical, computer, network, human, mechanical, electronic or otherwise, including, without limitation, errors or problems which may occur in connection with the administration of the Affiliate Program, the verification of Eligible New Customers, the tracking of referrals and Eligible New Customers, the announcement of the Rewards or in any Affiliate Program-related materials. Persons found tampering with or abusing any aspect of this Affiliate Program, who are acting in a disruptive or unsportsmanlike manner or who are otherwise not in compliance with these terms as solely determined by TELAIR will be disqualified from the Affiliate Program and all points and/or Rewards will immediately be deemed void. Released Parties are not responsible for injury or damage to participants’ or to any other person’s computer related to or resulting from participating in this Affiliate Program or downloading materials from or use of the Referral Website or https://www.Telair.net.

TELAIR reserves the right at any time to modify, suspend or cancel the Affiliate Program or the Rules at any time. Any changes TELAIR makes will be effective immediately on notice, which it may give either by posting on the Referral Website, TELAIR.com or via e-mail. Your participation in the Affiliate Program after such notice will be deemed acceptance of such changes. You should review these Rules periodically to ensure familiarity with the most current version. You will always be able to tell when the version was last updated by checking the "Last Revised" date at the top of these Rules. All questions or disputes regarding the Affiliate Program, including without limitation, those involving eligibility, participation, fraud and abuse will be resolved by TELAIR.

TELAIR also reserves the right to disqualify and deregister any Affiliate in the event that TELAIR determines that Affiliate has violated any of these Rules, which determination shall be final. In the event of such disqualification or deregistration, Affiliate forfeits the rights to receive, and TELAIR is not obligated to honor or pay any Rewards which vest on or after the date of such effective disqualification or deregistration.

Your participation in the Affiliate Program constitutes permission for TELAIR and its designees to use your name, biographical information, image, likeness and/or statements about the Affiliate Program in accordance with the TELAIR privacy policy (set forth below) for advertising, trade, promotional and other purposes, in any manner, in any and all media now or hereafter devised, worldwide, in perpetuity, without additional compensation, notification or permission, unless prohibited by law.

11. Warranty

TELAIR MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO ANY SERVICES OR PRODUCTS CONTEMPLATED BY THIS AGREEMENT. TELAIR DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE AND MERCHANTABILITY.

By participating in the Affiliate Program, you agree, affirm, and represent that you have read and understand these Rules. In addition, you affirm and represent that you have complied with all the Rules, as well as TELAIR’s Terms of Service (as applicable), and have not committed any fraud or deception in entering the Affiliate Program.

12. Limitation of Liability

NEITHER TELAIR, NOR ITS AFFILIATES, SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF REVENUE, EVEN IF TELAIR HAS BEEN INFORMED IN ADVANCE OF SUCH DAMAGES OR SUCH DAMAGES COULD HAVE REASONABLY BEEN FORESEEN BY TELAIR. THE PARTIES ACKNOWLEDGE AND ACCEPT THE REASONABLENESS OF THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH IN THIS PROVISION.

13. Terms of Service

The TELAIR Terms of Service is available at https://www.telair.net/legal/tos. 

14. Personal Information

Your personal information collected in connection with this Program will be used in accordance with TELAIR’s Privacy Policy, available for TELAIR Small Business at https://www.Telair.net/legal/privacy.