The Driven Financial Technologies Corporation (“we”, “us” or “Driven”) referral program (the “Program”) is available to individuals (“you” or “Referror) who refer to Driven one or more referrees interested in a Driven product (the “Referree(s)”), in accordance with these Program Terms (each such referral, a “Referral”).
A “Qualifying Referree” means an individual Referree who (i) is not an existing customer, lead or previous applicant at Driven at the time of Referral, (ii) is a Canadian resident at the time of the Referral; (iii) is of the age of majority in the province or territory in which they currently reside at the time of the Referral; (iv) enters into a Driven customer funding agreement under the terms set out by Driven within sixty (60) days following the Referral; and (v) borrows a minimum amount from Driven under such funding agreement within sixty (60) days of signature of the funding agreement (“Funded Amount”).
To participate in the Program, you must accept these Program Terms. You must make all Referrals as directed by the referral system available on our website or as otherwise directed by us, to the satisfaction of Driven. In order to be eligible for any Compensation, you must be at arm’s length of the Referree and Referree business, and must not have an interest in the Referree or Referree business, as assessed by Driven. Driven reserves the right to refuse Compensation for any Referral made which does not meet these or other criteria (including fraud-related) set out by Driven, in our sole discretion.
For each eligible Referral you make for a Qualifying Referree in compliance with these Program Terms, you will receive, for the first Funded Amount only taken by the Qualifying Referree, a one-time payment (“Compensation”) in the amount set out by the following table:
Should you be entitled to Compensation according to these Program Terms, the Compensation will be limited to a one-time payment per Referral for the amount set out in the above table. You will not receive any additional compensation for a given Referral, including relating to: (i) any amounts funded beyond the first Funded Amount or (ii) any other products or services taken by the Referree. The Compensation set forth above is in Canadian dollars ($CAD) and shall be the only consideration payable to you. All applicable taxes levied or otherwise owing in relation to the Compensation (“Taxes”) are your responsibility. The Compensation paid hereunder is inclusive of all Taxes.
By submitting a Referral, you warrant and represent to us that:
You also acknowledge and agree that:
You further acknowledge and agree that you are not the representative of Driven for any purpose except as expressly set forth herein, and have therefore no power or authority (and shall not hold yourself out as having authority or power) as agent, employee, representative or in any other capacity to represent, act for, bind, or otherwise create or assume any obligation on behalf of Driven for any purpose whatsoever.
The relationship between you and Driven is that of independent contractors, and these Program Terms shall not be construed to create any association, partnership, joint venture, employee or agency relationship between you and Driven for any purpose. You have no equity interest, ownership or other rights in any of the Referrees or any agreement between a Referree and Driven, including any goodwill you created in respect of such Referrees.
These Program Terms are effective as of January 20, 2021 and replace any previous referral programs set out on the Driven website. However, they do not supersede any formal referral agreement duly entered by Driven and a referral partner (as defined by Driven in its sole discretion) (“Referral Agreement”). Under no circumstance will a Referror be entitled to receive compensation for a referral both under these Program Terms and a Referral Agreement or any other form of agreement between Driven and the Referror.
We may amend, suspend or cancel these Program Terms at any time, in our sole discretion, without notice or obligation to award any future Compensation. When such a change is made, we will post a revised version on our website. It is your responsibility to review these Program Terms from time to time to be aware of any such changes.
You agree to abide by these Program terms and the decisions of the Driven team, which are final. This Program is subject to all applicable laws and regulations. The submission of false or fictitious referral information will result in forfeiture or disqualification of any Compensation under this Program.
Driven referral partners (as defined by Driven), as well as employees or contractors of Driven, of Driven affiliates or of Driven’s referral partners, are not eligible to participate in the Program.
These Program Terms are governed by and subject to the laws of the Province of Ontario and the federal laws applicable therein without regard to choice of conflicts of law principles. To the extent permitted by applicable law, any claims arising out of or relating to these Program Terms shall be brought exclusively in the courts of competent jurisdiction in the City of Toronto, and you consent to the personal jurisdiction of these courts.
DRIVEN MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ITS PRODUCTS OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, UNDER THIS PROGRAM, SHALL BE LIMITED TO THE MAXIMUM COMPENSATION AMOUNT AVAILABLE UNDER THESE PROGRAM TERMS FOR ONE ELIGIBLE REFERRAL MADE FOR A QUALIFYING REFERREE. DRIVEN SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL OR INCIDENTAL DAMAGES UNDER ANY PROVISIONS OF THESE PROGRAM TERMS OR FOR ANY CONSEQUENTIAL, INDIRECT, PENAL, SPECIAL OR INCIDENTAL DAMAGES ARISING OUT OF ANY ACT OR FAILURE TO ACT HEREUNDER, EVEN IF IT HAS BEEN ADVISED OF OR HAS FORESEEN THE POSSIBILITY OF SUCH DAMAGES.
You acknowledge that a French version of these Program Terms is available to you. Vous reconnaissez qu’une version française de ces termes est disponible.