Last updated October 11, 2016
The Program is available to legal entities and individuals that are 18 years of age or older that create an account through the Site. If You are a legal entity, a single account will be created for the entity regardless of the number of users on Your account. You are responsible for maintaining the confidentiality of the password(s) assigned to You and Your representatives, and ensuring that the assigned passwords are not shared or disclosed to anyone. You agree to immediately notify us if a password is lost, stolen, disclosed to an unauthorized person or has otherwise been compromised. You are solely responsible for any and all activities made under the user names made available to you and your representatives. Participation in the Program is prohibited where void by applicable law or regulation.
After Your account is created, Jamf will provide you with a URL link that identified You and must be used to direct individuals or entities, other than You, (collectively “Prospects”) to the Site (the “Referral Link”). To make referrals, You must include the Referral Link in Your website, e-mail, social media post, or other electronic communication. You are responsible for ensuring that the Referral Link points to the Site’s Home Page, and that the Referral Link is correctly formatted. Only Referral Links that point to the Site’s Home Page are eligible to receive a Referral Reward. To receive a Referral Reward, Prospects must click-thru the Referral Link and subscribe to the Jamf Now service during the user session that originated from the Referral Link. Any Prospect that subscribes to the Jamf Now service other than through the Referral Link is ineligible for a Referral Reward and You hereby waive any right to a referral reward from a Prospect that subscribes to the Jamf Now® service other than through the Referral Link. Jamf, in its sole discretion, will determine whether a Prospect is eligible for a Referral Reward.
You will receive 30% of the Net Revenue from the monthly Jamf Now® subscription fee that is received by Jamf for each eligible Prospect that You refer to Jamf (the “Referral Reward”). “Net Revenue” means gross revenue less any refunds or payment chargebacks, including any fees associated with the chargeback, for any reason. Referral Rewards are paid to You by the 15th of the month following the month in which the Referral Reward was earned, and using PayPal only. You must have a valid PayPal account to receive Referral Rewards. You are responsible for paying all taxes associated with any Referral Rewards paid to You. If Jamf has the legal obligation to pay or collect taxes for which You are responsible under this Section, Jamf will invoice You and You will pay that amount unless You provide Jamf with a valid tax exemption certificate authorized by the appropriate taxing authority.
You agree that You are solely responsible for the content of Your communication with Prospects and the consequences thereof. You also agree that:
Jamf will not be held liable for the content of Your communications;
You shall not use the Program to send chain letters, junk mail, spam, or any message or material that is: (i) unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene; (ii) violates the rights of another party; or (iii) may constitute a criminal offense, give rise to civil liability, is otherwise objectionable material of any kind or nature, or that encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law, regulation, or court order;
You will not issue any press release with respect to this Agreement or Your participation in the Program;
You will not in any manner misrepresent or embellish the relationship between Jamf and You, take credit for the Jamf Now® service, represent You are part of Jamf, or express or imply any relationship between Jamf and You other than as a participant in the Program;
Your communications comply with state and federal SPAM laws; and
You will comply with the FTC’s Endorsement Guides, including, but not limited to, the Affiliate and Network Marketing guides, which can be found at https://www.ftc.gov/tips-advice/business-center/guidance/ftcs-endorsement-guides-what-people-are-asking#responsibilities and are expressly incorporated by reference in this Agreement.
Jamf reserves the right to terminate Your participation in the Program for any reason without prior notice if Jamf becomes aware of and determines, in its sole discretion, that You are violating any of the foregoing restrictions.
The trademarks, service marks, brand names and logos appearing on the Site and in the Referral Link are owned by Jamf. Nothing herein shall be construed as granting any license or right to use any trademarks, service marks, brand names, or logos appearing on the Site and in the Referral Link, without Jamf’s express written permission. You may not frame or utilize framing techniques to enclose any trademarks, brand names, service marks, logos, or use any meta tags or any other “hidden text” utilizing Jamf’s trademarks, brand names, or service marks without Jamf’s express written consent.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT SHALL JAMF OR ITS AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, OR AFFILIATES BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES, WHATSOEVER, ARISING OUT OF OR RELATED TO YOUR PARTICIPATION IN THE PROGRAM, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (TORT, CONTRACT OR OTHERWISE) AND EVEN IF JAMF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY. IN NO EVENT SHALL JAMF'S TOTAL LIABILITY FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF REFERRAL REWARDS PAID TO YOU IN THE PRECEDING 12 MONTHS. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
You agree to indemnify, defend, and hold harmless Jamf and its agents, members, managers, employees, successors, assigns, and affiliates (collectively the “Indemnified Parties”) from and against any claims and any and all liabilities, obligations, loss, damage, injury, penalty, cost, expense, or disbursement of any kind (collectively “Indemnified Loss”) that may be threatened, imposed on, incurred by, or served against them by any person or entity arising out of or related to Your communications to any Prospect, including, but not limited to, a violation of the FTC Endorsement Guide. Such indemnification shall include, without limitation, indemnification for attorneys’ fees and other costs, including, but not limited to, the costs of any appeal, that may be incurred by the Indemnified Parties with respect to any Indemnified Loss, including such fees and costs for investigation and consultation regarding any threatened claim, whether or not any legal action is ultimately commenced against the Indemnified Parties.
You may terminate this Agreement by contacting us. By terminating this Agreement, You acknowledge and agree that You forfeit any accrued but not paid Referral Rewards and hereby waive Your right to receive payment for the same. Jamf may terminate this Agreement at any time and for any reason by providing notice to You.
This Agreement shall be construed and enforced in accordance with the laws of the State of Minnesota. All actions, claims or disputes arising under or relating to this Agreement shall be brought as individual, not a class-wide or consolidated, actions in the federal or state courts in the State of Minnesota. The Parties irrevocably submit and consent to the exercise of subject matter jurisdiction and personal jurisdiction over each Party by the federal and/or state courts in the State of Minnesota. The Parties hereby irrevocably waive any and all objections which any Party may now or hereafter have to the exercise of personal and subject matter jurisdiction by the federal or state courts in the State of Minnesota and to the venue of any such suit, action, or proceeding brought in any such federal or state court in the State of Minnesota. Should You breach any of the terms of this Agreement, You hereby agree to pay all the reasonable attorneys’ fees incurred by Jamf in enforcing the terms of this Agreement. The attorneys’ fees shall be paid by You irrespective of any damages recovered or any relief afforded to Jamf.
This Agreement states the Parties' entire agreement and understanding of the subject hereof. This Agreement supersedes all prior understanding and agreements. Any prior agreement or understandings between the Parties is null and void.
You do not have the right to modify this Agreement without Jamf’s consent.
There are no intended third-party beneficiaries of this Agreement.
No waiver of any term, provision, or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.
If any provision or clause of this Agreement as applied to either Party or to any circumstances, shall be adjudged by a court of competent jurisdiction to be invalid or unenforceable, said adjudication shall in no way affect any other provision of this Agreement, the application of such provision in any other circumstances, or the validity or enforceability of this Agreement.
You may not assign Your rights or delegate Your duties under this Agreement without Jamf’s written consent. Any attempted assignment or delegation by You without the required consent is void. Notwithstanding the foregoing, Jamf may assign this Agreement to, without limitation, an affiliate, subsidiary, third party, or successor without Your prior consent.
Notwithstanding the termination of this Agreement, the Parties shall be required to carry out any provision hereof that contemplates performance subsequent to such termination, and such termination shall not affect any liability or other obligation that have accrued prior to such termination, including, but not limited to, any liability for loss or damage on account of a prior breach. Without limiting the generality of the foregoing, the Parties specifically agree that the rights and duties contemplated in Sections 5(a), 6, 7, and 8 shall survive termination of this Agreement for any reason.