Fourth HotSchedules Referral Rewards Program Terms & Conditions

Last Updated: April 23, 2024

Welcome to the Fourth HotSchedules Referral Rewards Program (the “Program”).  Fourth is offering this Program to reward people familiar with our services for referring potential customers of Fourth’s HotSchedules solution by providing the opportunity to earn rewards for successful Qualified Referrals in accordance with these Referral Rewards Program Terms & Conditions (“Terms”).

These Terms govern your participation in the Program.  Your participation in the Program, including the making of referrals and acceptance of any rewards, constitutes your acceptance of these Terms.  Please read these Terms carefully and save a copy of them for your records. THESE TERMS CONTAIN IMPORTANT INFORMATION REGARDING LIMITATIONS OF FOURTH’S LIABILITY, AND THE LAW GOVERNING AND DISPUTE RESOLUTION PROCEDURES RELATED TO THE PROGRAM.

1. Your Rights and Our Obligations with Respect to the Program are Expressly Conditioned on Your Acceptance of These Terms.

When you submit a referral through Fourth’s online referral form at https://www.fourth.com/feature/customer-referral-program, you agree, as of such date (the “Effective Date”), to be bound by these Terms and Fourth’s Privacy Policy (https://www.fourth.com/legal/privacy-policy).

2. Qualified Referrals

Subject to these Terms, for each “Qualified Referral” that meets the following criteria and performs the actions set forth below, you will receive the applicable Referral Reward listed below. A “Qualified Referral” is a restaurant contact that:

• You refer to Fourth through the online referral form here: https://www.fourth.com/feature/customer-referral-program;
• the referral contact must be a person having authority to enter into a contract to receive Fourth’s services on behalf of the restaurant (a “Decision Maker”);
• is not an existing lead in the Fourth system (i.e. that someone else has already referred to Fourth);
• is not an existing Fourth customer; and
• is not a restaurant for which you are a Decision Maker.

All referrals must be submitted through the online referral form listed above; other means of submission (e.g. email or verbal) will not be accepted or properly tracked through Fourth’s system.

3.     Eligibility to Participate

All US-based employees of a current HotSchedules customer are eligible to submit a referral, including managers (excluding Decision Makers), bartenders, servers, hosts, and kitchen staff.

The following persons are not eligible to participate in the Program:

• Employees of Fourth, including their immediate family and household members;
• Restaurant owners, operators, or decision-makers responsible for making scheduling technology purchasing decisions referring their own restaurants;
• Franchisors with respect to referral of their own franchisees;
• Existing Fourth customer owners, operators, or decision makers referring a “new location”; and
• Individuals who are under 18 years old.

4. How Referral Rewards are Determined and Made

Eligibility for Program rewards for a Qualified Referral shall be in accordance with the following criteria:

• If your Qualified Referral takes a sales meeting with Fourth within thirty (30) days of your referral date, you will be eligible to receive a referral reward of a gift card in the amount of $100; and
• If your Qualified Referral becomes a Fourth HotSchedules customer by completing a Qualified HotSchedules Order within six (6) months of your referral date, you will be eligible to receive a referral reward of a gift card in the amount of $750; provided that the referral reward will not be payable until the Qualified Referral has (i) been live with Fourth’s HotSchedules workforce management solution for thirty (30) days, and (ii) paid all applicable subscription fees when due.  As referenced herein, a Qualified HotSchedules Order is an agreement to subscribe to the HotSchedules for a term of at least 12 months.

Your referral reward will be paid to you in the form of a gift card that you select.  For clarity, Program rewards are payable only in the form of gift cards from a selection of gifts cards as made available by Fourth. Subject to these Terms, there is no limit to the number of referrals you may submit or the eligible referral rewards for Qualified Referrals that you may receive while the Program is in effect.

Fourth will determine whether to schedule a meeting with a referral in its sole discretion and has no affirmative obligation to schedule a sales meeting or complete a sales cycle.

5. How We Communicate with You

Once you submit a referral, we will communicate with you as follows:

• We will send you an email acknowledging receipt of the referral (but please note that this communication does not constitute acknowledgement that the referral is a Qualified Referral);
• Once a sales meeting is completed with a Qualified Referral, we will send you an email to notify you and to arrange to pay you the corresponding referral reward; and
• If your referral is a Qualified Referral that becomes a HotSchedules customer and meets the requirements stated above, we will send you an email to notify you that the requirements have been met and to arrange to pay you the corresponding referral reward.

6. You Forfeit Your Right to Referral Rewards if You Fail to Provide Necessary Information; You are Responsible for Taxes on your Rewards

You must provide complete, true, current and accurate tax, payment and other information reasonably requested by for Fourth to in order to receive a reward, including without information necessary to complete a W-9 form for any rewards valued in excess of $600 (“Payment Information”). You are solely responsible for maintaining the accuracy and completeness of such Payment Information by promptly informing Fourth of any change therein. You will not be eligible to receive a reward if you do not provide Payment Information as requested by Fourth or its designee.

If (i) six (6) months after your right to a referral reward has accrued, Fourth is rightfully withholding any referral rewards pursuant to this Section, (ii) any referral rewards are returned due to incorrect Payment Information, or (iii) you fail to provide Payment Information necessary for Fourth to remit any referral reward in compliance with applicable laws, such referral rewards are deemed forfeited and you hereby irrevocably waive any and all right, title, interest or claim you may have in or to such referral rewards.

You are solely responsible for calculating taxes on your income (if any) arising out of the payment of any referral reward and for remitting such taxes to any applicable authority.

7. You Must Comply with Applicable Laws

You must abide by and comply with all applicable laws in your performance of these Terms.  Moreover, Fourth may, in addition to any other available rights or remedies, reject or revoke your eligibility for any unpaid referral rewards immediately upon notice after determining, at Fourth’s sole discretion, that you are not in compliance with any applicable federal, state and local laws, rules, regulations, guidelines and ordinances Fourth deems relevant.

8. Term and Termination

These Terms are effective as of the Effective Date and continue in effect until terminated by Fourth, as determined in its sole discretion.  Fourth may modify these Terms at any time without notice, and your continued participation in the Program constitutes your acceptance of any modified Terms. Fourth may change, suspend or terminate the Program at any time without notice.

The following provisions will survive any expiration or termination of these Terms: Sections 1 and 6–15.

9. WARRANTY DISCLAIMER.

EXCEPT AS EXPRESSLY PROVIDED HEREIN, FOURTH MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND HEREUNDER AND FOURTH EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, NON-INFRINGEMENT AND TITLE, IN EACH CASE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, FOURTH DOES NOT WARRANT OR REPRESENT THAT YOUR PARTICIPATION IN THE PROGRAM WILL RESULT IN THE ACCRUAL OR PAYMENT OF ANY REWARDS.

10. Limitation of Liability

IN NO EVENT WILL FOURTH BE LIABLE TO YOU FOR INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOST PROFITS, WHETHER FORESEEABLE OR UNFORESEEABLE, ARISING IN CONNECTION WITH THESE TERMS OR THE PROGRAM, WHETHER SUCH CLAIMS ARE BASED IN CONTRACT, TORT OR OTHER LEGAL THEORY. UNDER NO CIRCUMSTANCES WILL FOURTH’S TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO THESE TERMS OR THE PROGRAM, REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, INDEMNITY OR OTHERWISE, EXCEED THE TOTAL AMOUNT PAID TO YOU BY FOURTH UNDER THESE TERMS IN THE SIX (6) MONTHS PRECEDING THE APPLICABLE CLAIM.

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THESE TERMS BETWEEN THE PARTIES AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES.

11. Fourth is Not Responsible for Things it Cannot Control

Fourth is not responsible nor liable for any delays or failures in performance from any cause beyond Fourth’s control, including, but not limited to acts of God, changes to law or regulations, embargoes, war, terrorist acts, acts or omissions of third party technology providers, riots, fires, earthquakes, floods, power outages, strikes, weather conditions or acts of hackers, internet service providers or any other third party, or your acts or omissions.

12. These Terms are Governed by the Laws of the State of Texas

To the maximum extent permitted by law, these Terms, and all disputes or claims in connection with these Terms (whether arising in contract, tort or otherwise) are governed by the laws of the State of Texas and the United States of America, and, subject to Section 13, the parties hereby consent to Travis County, Texas being the exclusive jurisdiction and venue of courts for all disputes or claims in connection with these Terms.

13. Disputes Relating to the Program Will Be Resolved Through Binding Arbitration

Any dispute arising out of or relating to the Program or these Terms, or its subject matter, shall be resolved exclusively by binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). The arbitration will be conducted in Austin, Texas by a single arbitrator. The arbitrator will provide detailed written explanations to the parties to support his/her award and regardless of outcome, each party shall pay its own costs and expenses (including attorneys’ fees) associated with the arbitration proceeding and fifty percent (50%) of the fees of the arbitrator and the AAA.

14. Assigning These Terms

You may not assign these Terms or any license set forth herein, in whole or in part, without Fourth’s prior written consent. Fourth may assign these Terms without your consent, including to an affiliate or in connection with any merger, acquisition, corporate reorganization, or sale of all or substantially all of Fourth’s assets. Any purported assignment in violation of this section shall be null and void. These Terms shall be binding on all permitted assignees.

15. Miscellaneous Terms

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Fourth as a result of these Terms or your participation in the Program. Neither party will have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent, other than as provided herein. If Fourth decides not to enforce its rights under these Terms in one situation, Fourth is not waiving its right to enforce such rights or other rights under these Terms in a later situation.

These Terms, together with the Privacy Policy, constitute the entire and fully integrated agreement between the parties regarding your participation in the Program. Fourth’s failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms operate to the fullest extent permissible under applicable laws. If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.