Terms and Conditions

By Clicking on “I Agree”, you are entering into an agreement (the “Agreement”) with Amplifinity (hereinafter referred to as “Amplifinity”) as of today’s date (the “Effective Date”). During the term of this Agreement, Amplifinity will provide certain Programs specified and approved by Amplifinity and ADT LLC (as applicable, “ADT”) in advance in writing in consideration for which Amplifinity will pay you Referral Fees under the terms and conditions of this Agreement which are as follows:

• "Referral Fee(s)" shall mean the amount payable to the Referring ADT Customer (excluding any taxes), which may be in the form of a rewards card, and payable by Amplifinity, or, in the case of a rewards card fulfilled by the applicable vendor, for each Closed Sale based on a response to a Promotional Offer under this Agreement. The Referring ADT Customers shall deliver or authorize Amplifinity or ADT to deliver the Promotional Offer, which shall contain a designated ADT telephone number and other contact channel information plus an Access Code where applicable. The Referring ADT Customer is obligated to pay their own federal and/or state income or other tax on any moneys earned pursuant to this Agreement. Any Referral Fees due to the Referring ADT Customer hereunder shall be payable by Amplifinity within thirty (30) days of the Closed Sale. Under the ADT refer-a-friend program, no Referral Fees shall be payable to the Referring ADT Customer hereunder if a Referred ADT Prospect does not call the designated ADT telephone number through Amplifinity or directly to ADT.
• "Closed Sale(s)" shall mean a Referred ADT Prospect’s purchase and payment in full of installed security alarm equipment, the execution of an alarm services monitoring contract, and expiration of the three (3) day right of rescission.
• "Programs" shall mean the advertising campaigns, approved in advance in writing by ADT and that Amplifinity will perform, and deliverables, if any, which Amplifinity will deliver.
• "Promotional Offer" shall mean the discount or rebate, if any, provided by ADT for the specific ADT product or service being sold by ADT.
• "Referred ADT Prospects" shall mean consumers that are not current ADT customers responding to a Promotional Offer from Programs by calling a designated ADT telephone number in the Promotional Offer, or in any way responding to a Promotional Offer from Amplifinity emails and who becomes an ADT Customer.
• "Referring ADT Customer" shall mean the ADT Customer who has registered / enrolled with Amplifinity.

• Definition. The Amplifinity Referral Program is available for ADT Customers whom Amplifinity and ADT, in their sole discretion, have accepted in writing via online enrollment, into the Amplifinity Referral Program. The Amplifinity Referral Program Referral Fee is paid to the ADT Referring Customer for Closed Sales resulting directly from sales to Referred ADT Prospects as a result of referrals by ADT Customers registered with Amplifinity; provided, that ADT Customer becomes a Referring ADT Customer bound by the terms of this Agreement.
• Terms. In order to be eligible for this Program and the Referral Fee, the Referring ADT Customer must be registered under this Agreement.
• Referral Fees. The Referring ADT Customer understands and agrees that the fee paid by Amplifinity is not earned until a sale of ADT equipment and services to the Referred ADT Prospect is a Closed Sale. Upon a Closed Sale, the Referring ADT Customer shall be paid a Referral Fee issued by Amplifinity and paid within 30 days of the Closed Sale.
• Termination. Upon termination of this Program or this Agreement by Amplifinity or ADT with or without cause, Referring ADT Customer shall not be eligible for a Referral Fee for any Closed Sales, resulting from any Referred ADT Prospect occurring after the date of termination of this Agreement.
• ADT Property. All ADT promotional materials containing the Promotional Offers on the www.adtreferafriend.com and www.adtreferral.com websites, remain the property of ADT. Referring ADT Customer shall cease use of and remove the ADT Promotional Offer or any materials upon demand by Amplifinity or ADT or upon expiration or termination of this Agreement by Amplifinity, with or without cause.
• Reporting. Amplifinity will be responsible for notifying the Referring ADT Customer that their Referred ADT Prospect has completed a sale (Closed Sale) by the payment of the Referral Fee.
• Approval. ADT or ADT’s agent will approve Referring ADT Customer’s online application by verifying that the applicant is an active ADT Customer. ADT or ADT’s agent will also verify a Closed Sale and authorize Referral Fee payment by Amplifinity to each Referring ADT Customer and Referred ADT Prospect.
• Tax Information. For the Referring ADT Customer to receive the Referral Fee, they must complete all applicable tax forms through the Amplifinity platform.  The Referring ADT Customer must represent and warrant that the information they provide is accurate, and that they agree to timely file with the appropriate federal, state, local, foreign or other tax authorities all income and other tax returns required to be filed including, but not limited to, a Form 1099 provided by Amplifinity for any Referral Fees received during a calendar year in excess of Six Hundred Dollars ($600). Referring ADT Customer must agree to indemnify, defend and hold harmless ADT and Amplifinity, its members, managers, officers, agents, employees, successors and assigns from and against any losses, liabilities, damages, costs or expenses, including interest, penalties and attorneys' fees, based upon, arising out of or otherwise resulting from any inaccuracy or breach of any representations, warranties or obligations set forth herein, including, but not limited to, the foregoing representation and warranty.
• Authority: Referring ADT Customer agrees that Referring ADT Customer’s authority under this Agreement shall be strictly limited to the advertisement and promotion of ADT Offers for ADT Equipment and Services set forth in the Promotional Offer in the manner specifically described in this Agreement. Referring ADT Customer will not have the authority to change any offer or provisions of any offer Referring ADT Customer is not engaged in and shall not represent Referring ADT Customer as being engaged in the sale of ADT Products and Services, only the promotion of ADT Products and Services as specifically set forth herein.

  Referring ADT Customer shall not have the right or authority whatsoever to make any verbal or written representations, promises, conditions, inducements or warranties, express or implied, with regard to ADT Products or Services. Referring ADT Customer shall not have the right or authority to create any obligation of any kind on behalf of ADT. In particular, Referring ADT Customer shall not have the right or authority to enter into or modify any materials provided by ADT under this Agreement, nor include pages from ADT website for use on Referring ADT Customer’s website (if such website use is specifically permitted), including but not limited to framing or outlining such pages with Referring ADT Customer’s logo, site name or other material. Referring ADT Customer may not otherwise include or adopt the look and feel of the ADT website.

  Referring ADT Customer will not include any material on their Web Sites (if such website use is specifically permitted) or other marketing materials that is obscene, pornographic, libelous, slanderous or defamatory.

  Referring ADT Customer will not make payments or gifts (monetary or otherwise) to anyone for the purpose of wrongfully influencing decisions in favor of ADT, directly or indirectly. Referring ADT Customer shall not compensate or charge in any manner end users on the basis of visits to the Referring ADT Customer’s websites (if such website use is specifically permitted).

  Nothing contained in this Agreement shall be construed as creating a joint venture, partnership or employment or franchise relationship between AMPLIFINITY/ ADT and Referring ADT Customer. Referring ADT Customer understands and agrees that Referring ADT Customer’s status under this Agreement is that of an independent contractor of AMPLIFINITY and that Referring ADT Customer’s status shall in no way be deemed to be that of a employee of AMPLIFINITY or ADT. Therefore, in dealing with the public, Referring ADT Customer shall at all times identify Referring ADT Customer’s capacity as an independent contractor of AMPLIFINITY authorized only to present the ADT Promotional Offer to customers. At no time shall Referring ADT Customer hold itself out as ADT or represent, in any fashion or nature whatsoever, that Referring ADT Customer is AMPLIFINITY or ADT.

  Referring ADT Customer shall be solely responsible any acts, negligence and omissions that may occur during the term of this Agreement.

• Indemnification. AMPLIFINITY agrees to indemnify, defend and hold harmless ADT Referring Customer, from any damages, claims, costs and expenses, including attorneys’ fees and other legal costs, in connection with any claims or actions arising in any way out of AMPLIFINITY’s duties or obligations set forth in this Agreement or with respect to any of ADT’s Products or Services, whether or not included in the Promotional Offers, including, but not limited to, consumer complaints or product liability claims. ADT Referring Customer agrees to indemnify, defend and hold harmless AMPLIFINITY and ADT from any damages, claims, costs and expenses, including attorneys’ fees and other legal costs, in connection with any claims or actions arising in any way out of ADT Referring Customer duties or obligations set forth in this Agreement.
• Creative Materials: ADT shall be responsible for supplying AMPLIFINITY with creative artwork and promotional offers to be sent as e-mails (“Creative Materials”). AMPLIFINITY retains control over the creative execution of any marketing communications containing a Promotional Offer, subject to approval by ADT.
• Limited License: ADT has granted AMPLIFINITY a limited, non-exclusive, non-transferable license, through permission granted from ADT U.S. Holdings, Inc., the owner and licensor of the trademarks, to use and for Amplifinity’ Referring ADT Customer to use the trademarks of ADT (collectively, “ADT Property”) solely as contained in the ADT Creative Materials that promote the Program during the Term of and solely for the purpose of participating in this Agreement. Referring ADT Customer shall not in any way modify ADT Property. ADT shall have the right to terminate Referring ADT Customer’s right to use this limited license immediately for any or no reason and with or without cause and AMPLIFINITY or ADT shall immediately enforce such termination by way of seeking an injunction, if necessary, against Referring ADT Customer and Referring ADT Customer expressly agrees to this right of termination. 
• Keyword Search Engines: Referring ADT Customer will not use pay per click or any other financial purchase of Search Engine keyword placement. 
• Publicity: Referring ADT Customer may not issue or release any press release, promotional material, announcement or other statement relating to this Agreement or the terms of this Agreement without the prior written consent of AMPLIFINITY and ADT, which consent shall be given or withheld by the exercise of AMPLIFINITY’ and ADT’S sole discretion.
• No Telemarketing Services: The Programs contemplated in this Agreement do not include any telemarketing services, which includes the sending of text messages. ADT Referring Customer will not make any outbound telemarketing calls or send text messages, directly or indirectly, on behalf of ADT, and ADT Referring Customer will not reference ADT in any of ADT Referring Customer’s Programs or those of ADT Referring Customer products or services or use any trademark, service mark, or trade name of ADT in any outbound telemarketing campaigns or outbound telemarketing activities.