Welcome to Referral Pro LLC (“Referral Pro,” “we,” “our,” or “us”). These Terms and Conditions (“Terms”) govern your access to and use of our website, mobile application, and referral platform (collectively, the “Service”).
By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, incorporated herein by reference.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICE.
Referral Pro reserves the right to modify these Terms at any time. We will notify Users of material changes by:
(a) posting the updated Terms on the Service with a revised “Last Updated” date; and
(b) sending notice via email or in-app notification at least seven (7) days prior to the effective date of material changes.
Your continued use of the Service after the effective date of any modifications constitutes your acceptance of the updated Terms. If you do not agree to the modified Terms, you must discontinue use of the Service.
For purposes of these Terms:
“Business User” means a User that registers a business profile to receive or generate customer referrals through the Platform.
“Content” means any text, graphics, images, data, or other materials submitted, posted, or displayed through the Service.
“Individual User” means a natural person using the Service to refer customers or interact with participating businesses.
“Platform” or “Service” means Referral Pro website, mobile application, APIs, and related referral technology.
“Points” means non-cash promotional credits awarded by Referral Pro based on qualifying referrals in accordance with Referral Pro's referral program rules, as updated from time to time.
“Qualifying Transaction” means a completed transaction between a referred customer and a receiving business that meets Referral Pro's validation criteria, including but not limited to: (i) the transaction is not canceled, refunded, or charged back within thirty (30) days; (ii) the referral was properly recorded through the Platform; and (iii) the transaction is not the result of fraud, manipulation, or abuse.
“Referral” means a customer introduction submitted through the Service by a User to a participating business.
“User” means any individual, independent contractor, or business entity that creates an account, accesses, or uses the Service, including individuals acting on behalf of a business.
Users must be at least eighteen (18) years of age to use the Service. By using the Service, you represent and warrant that you meet this age requirement.
Users must provide accurate, current, and complete information during registration and maintain the accuracy of such information. Providing false or misleading information is grounds for immediate account termination.
Business Users must:
(a) be legally authorized to conduct business in their jurisdiction;
(b) provide accurate business profile information, including legal business name, contact information, tax identification (if required), and any documentation requested by Referral Pro;
(c) maintain all licenses and permits required for their business operations.
The Service is designed for and directed to users located in the United States. Users located in the European Union, European Economic Area, United Kingdom, or other jurisdictions with data protection laws materially different from the United States acknowledge that:
(a) the Service is not directed to them;
(b) they access the Service at their own risk;
(c) Referral Pro makes no representations regarding compliance with local laws; and
(d) their personal data will be transferred to and processed in the United States.
Referral Pro provides a referral platform where:
(a) Individual Users may refer customers to participating businesses or service providers; and
(b) Business Users may refer customers to other approved businesses.
Users receive Points for Qualifying Transactions, awarded according to Referral Pro's tiered system, which may be redeemed for payments via third-party processors.
The following industries are prohibited from using or participating in the referral platform:
(a) Legal services (attorneys, law firms, legal document preparers)
(b) Medical and healthcare services (physicians, hospitals, clinics, ambulatory care, home health, hospice, DME suppliers)
(c) Dental services
(d) Mental health and counseling services (psychologists, therapists, counselors, social workers)
(e) Chiropractic services
(f) Physical therapy, occupational therapy, and rehabilitation services
(g) Optometry and ophthalmology
(h) Pharmacy and pharmaceutical services
(i) Veterinary services
(j) Real estate brokerage and sales
(k) Mortgage lending and brokerage
(l) Insurance sales and brokerage
(m) Securities, investment advisory, and financial planning services
(n) Accounting and CPA services
(o) Real estate appraisal services
(p) Architecture and professional engineering services
(q) Immigration services
(r) Bail bond services
(s) Funeral and mortuary services
(t) Cannabis and controlled substances (regardless of state legality)
(u) Adult entertainment and sexually oriented businesses
(v) Gambling, wagering, and fantasy sports (except where expressly legal and licensed)
(w) Firearms and ammunition sales
(x) Multi-level marketing or pyramid schemes
(y) Any other regulated professional service where referral fees to unlicensed persons are prohibited by applicable law, regulation, or professional ethics rules
Referral Pro may update this list at any time in its sole discretion. Users are responsible for ensuring their participation complies with all applicable laws and professional regulations. Users in excluded or restricted industries who attempt to use the Service may have their accounts terminated and Points forfeited without notice. If you are uncertain whether your industry qualifies, contact Referral Pro at info@thereferralpro.com before registering.
Additionally, before using our service, Users must certify that “I certify that my business is not in an industry where paying referral fees to unlicensed individuals is prohibited by law, regulation, or professional ethics rules.”
Referral Pro does not guarantee that:
(a) any Referral will result in a Qualifying Transaction;
(b) any specific number of Points will be earned;
(c) the Service will be available without interruption; or
(d) participating businesses will perform satisfactorily.
To use certain features of the Service, you must create an account and provide complete and accurate information. You are solely responsible for:
(a) maintaining the confidentiality of your login credentials;
(b) all activities that occur under your account;
(c) notifying Referral Pro immediately of any unauthorized access or security breach.
Each User may maintain only one (1) account. Creating multiple accounts to manipulate the referral system or circumvent these Terms is strictly prohibited and grounds for immediate termination.
Users shall not:
(a) misuse, manipulate, or fraudulently earn referral Points;
(b) create fake referrals or self-referrals;
(c) use automated systems, bots, scripts, or other technology to generate referrals or interact with the Service;
(d) reverse engineer, decompile, disassemble, or attempt to derive the source code of any portion of the Service;
(e) scrape, harvest, or collect data from the Service;
(f) circumvent, disable, or interfere with security features or payment and referral tracking systems;
(g) submit false, inaccurate, misleading, or incomplete information;
(h) impersonate any person or entity;
(i) use the Service for any illegal, fraudulent, or unauthorized purpose;
(j) violate any applicable law, regulation, or third-party rights;
(k) interfere with or disrupt the integrity or performance of the Service;
(l) attempt to gain unauthorized access to the Service or related systems.
Referral Pro may, in its sole discretion and without prior notice, suspend, restrict, or terminate your account and access to the Service for:
(a) misuse of the referral system or Points;
(b) fraud or suspected fraudulent activity;
(c) violation of these Terms or applicable law;
(d) conduct that may expose Referral Pro to liability;
(e) extended periods of inactivity;
(f) business, compliance, or operational reasons.
Upon termination:
(a) your right to access the Service immediately ceases;
(b) unredeemed Points may be forfeited;
(c) Referral Pro may retain your data as required by law or for legitimate business purposes.
Suspended or terminated Users may contact Referral Pro to request reinstatement. Referral Pro is under no obligation to reinstate any account.
Points are awarded based on Referral Pro's tiered referral structure when a Referral results in a Qualifying Transaction. Referral Pro determines, in its sole discretion, whether a Referral qualifies for Points.
(a) Points are promotional rewards only.
(b) Points do not constitute currency, property, or a stored value account.
(c) Points have no cash value until redeemed in accordance with Referral Pro's policies.
(d) Points are non-transferable and may not be sold, bartered, or exchanged.
(e) Points may expire if not redeemed within [TIME PERIOD] of being earned.
Referral Pro reserves the right to modify, suspend, or discontinue the Points program, including the points structure, eligibility criteria, earning rates, and redemption thresholds, at any time with or without notice. Such changes will not affect Points already redeemed prior to the change.
(a) Users may redeem eligible Points for payments processed through third-party processors such as Stripe or PayPal.
(b) Minimum redemption thresholds apply and are set forth in the Referral Pro dashboard.
(c) Referral Pro does not store payment card or bank account data; such data is handled solely by third-party processors.
(d) Payment timing and processing requirements are subject to change.
(e) Users are solely responsible for any taxes arising from earned rewards. Referral Pro does not provide tax advice, and any information reporting by Referral Pro does not relieve Users of their own tax obligations.
(f) Identity Verification. Before processing any redemption or releasing any payment, Referral Pro may require you to verify your identity and your ownership or control of the applicable payment account, including by providing government-issued identification, confirming your taxpayer identification number, completing third-party identity or “know-your-customer” verification, or confirming control of your Stripe or PayPal account. Referral Pro may decline, delay, or reverse any redemption until such verification is satisfactorily completed.
(g) Tax Documentation. As a condition of redemption, U.S. Users may be required to provide a completed IRS Form W-9 (and non-U.S. Users an applicable IRS Form W-8) and to keep their taxpayer information accurate and current. Referral Pro may withhold or delay redemptions until required tax documentation is received and validated.
(h) Information Reporting. Referral Pro may report rewards paid to you to the U.S. Internal Revenue Service and applicable state tax authorities and will issue an IRS Form 1099 (such as Form 1099-NEC or Form 1099-MISC) or other applicable tax form where required by law. You are responsible for providing accurate taxpayer information for this purpose.
(i) Backup Withholding. If you fail to provide a correct taxpayer identification number or required tax documentation, or where otherwise required by law, Referral Pro may apply backup withholding to your payments and remit the withheld amounts to the applicable tax authority.
(j) Payout Holds. Referral Pro may place a hold on, delay, or suspend any payout pending completion of identity or tax verification, fraud or compliance review, dispute or chargeback resolution, or as otherwise reasonably necessary to comply with applicable law or these Terms.
Referral Pro reserves the right to deny, reverse, adjust, or revoke Points where:
(a) a Qualifying Transaction is canceled, refunded, disputed, or charged back;
(b) the Referral was the result of fraud, abuse, or manipulation;
(c) Points were awarded in error;
(d) the User violated these Terms.
Referral Pro may suspend payments, freeze accounts, and revoke Points if Referral Pro reasonably believes a User has:
(a) created multiple accounts to manipulate referrals;
(b) engaged in automated or bot-driven referral activity;
(c) submitted false, misleading, or fraudulent referrals;
(d) colluded with others to manipulate the referral system;
(e) otherwise attempted to manipulate the reward system.
Referral Pro may refer suspected fraud to law enforcement authorities.
Users may cancel their accounts at any time through the Service or by contacting Referral Pro. Upon cancellation:
(a) access to the Service will terminate;
(b) unredeemed Points may be forfeited;
(c) any pending payments may be processed or forfeited at Referral Pro's discretion.
The Service and all Content therein, including but not limited to text, graphics, logos, icons, images, audio or video clips, software, and the compilation thereof, are owned by or licensed to Referral Pro and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.
Subject to your compliance with these Terms, Referral Pro grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal or internal business purposes. This license does not include the right to:
(a) modify, copy, distribute, transmit, display, perform, reproduce, publish, license, or create derivative works from the Service;
(b) use any data mining, robots, or similar data gathering methods;
(c) use the Service for any commercial purpose not expressly permitted.
The Service may allow Users to submit, upload, transmit, or otherwise provide content, including but not limited to photographs, videos, images, audio, text, testimonials, reviews, or other materials (“User Content”). By submitting, posting, or otherwise making User Content available through the Service, the User grants Referral Pro and its affiliates a worldwide, perpetual, irrevocable, royalty-free, fully paid, transferable, and sublicensable license to use, reproduce, distribute, display, publish, perform, modify, adapt, edit, create derivative works from, and otherwise exploit such User Content in any media now known or later developed.
This license includes the right for Referral Pro to use User Content for marketing, advertising, promotional activities, social media posts, website content, email campaigns, and other commercial or non-commercial purposes related to the Service and Referral Pro’s business.
Referral Pro may display the User Content with or without attribution to the User and may edit or modify the User Content for formatting, promotional, or operational purposes.
Users represent and warrant that:
1. they own or have obtained all necessary rights, permissions, and consents to submit the User Content;
2. the User Content does not violate any intellectual property, privacy, publicity, or other rights of any third party; and
3. Referral Pro’s use of the User Content as permitted under these Terms will not violate any law or third-party rights.
Referral Pro has no obligation to host, display, or maintain any User Content and may remove or disable User Content at any time at its sole discretion.
Any feedback, suggestions, or ideas you provide regarding the Service (“Feedback”) will be deemed non-confidential and non-proprietary. Referral Pro may use Feedback for any purpose without compensation or attribution to you.
“Referral Pro,” “Referral Pro LLC,” and associated logos are trademarks of Referral Pro. You may not use these marks without prior written permission.
The Service integrates with third-party services, including but not limited to:
(a) Payment processors (Stripe, PayPal)
(b) Analytics providers
(c) Cloud hosting services
(d) Communication tools
Your use of third-party services is subject to those parties' own terms of service and privacy policies. Referral Pro is not responsible for the practices, content, or availability of third-party services.
The Service may contain links to third-party websites. Referral Pro does not endorse and is not responsible for the content or practices of linked websites.
Nothing in these Terms creates any partnership, joint venture, employment, agency, or franchise relationship between Referral Pro and any User, or between Users themselves. Referral Pro does not act as a broker, agent, or representative for any User or participating business.
Users are solely responsible for:
(a) their interactions, agreements, and transactions with other Users or referred customers;
(b) the accuracy of information they provide;
(c) compliance with applicable laws in their jurisdiction;
(d) the quality, legality, and delivery of any goods or services they provide.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMITTED BY LAW, Referral Pro DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:
(a) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
(b) WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
(c) WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT OR INFORMATION;
(d) WARRANTIES REGARDING THE CONDUCT, QUALITY, OR PERFORMANCE OF ANY USER, BUSINESS, OR THIRD PARTY.
REFERRAL PRO DOES NOT WARRANT THAT ANY REFERRAL WILL RESULT IN A COMPLETED TRANSACTION OR THAT ANY SPECIFIC AMOUNT OF POINTS OR REWARDS WILL BE EARNED.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
REFERRAL PRO DOES NOT PROVIDE LEGAL ADVICE REGARDING THE LEGALITY OF REFERRAL FEE ARRANGEMENTS IN ANY PARTICULAR INDUSTRY OR JURISDICTION. USERS ARE SOLELY RESPONSIBLE FOR ENSURING THEIR PARTICIPATION IN THE REFERRAL PROGRAM COMPLIES WITH ALL APPLICABLE LAWS, REGULATIONS, and PROFESSIONAL ETHICS RULES.
TO THE FULLEST EXTENT PERMITTED BY LAW, Referral Pro LLC, ITS PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY:
(a) INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES;
(b) LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES;
(c) DAMAGES RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE;
(d) DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR DATA;
(e) DAMAGES ARISING FROM THE CONDUCT OF ANY USER OR THIRD PARTY;
WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Referral Pro HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL REFERRAL PRO'S TOTAL AGGREGATE LIABILITY TO ANY USER EXCEED THE GREATER OF:
(a) ONE HUNDRED DOLLARS ($100); OR
(b) THE TOTAL AMOUNT OF REFERRAL REWARDS ACTUALLY PAID TO THE USER BY REFERRAL PRO DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
THE LIMITATIONS IN THIS SECTION APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow limitations on implied warranties or exclusion of liability for certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply, and you may have additional rights.
Because Referral Pro provides only a platform connecting Users, you agree that Referral Pro is not responsible for and shall not be liable for any disputes between Users, between Users and businesses, or between Users and referred customers.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE, REMISE, AND FOREVER DISCHARGE Referral Pro LLC, ITS PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS FROM ANY AND ALL CLAIMS, DEMANDS, ACTIONS, CAUSES OF ACTION, AND DAMAGES (ACTUAL AND CONSEQUENTIAL), KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY DISPUTE WITH ANOTHER USER OR THIRD PARTY.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
You agree to indemnify, defend, and hold harmless Referral Pro LLC, its parent, subsidiaries, affiliates, officers, directors, employees, contractors, agents, licensors, and service providers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating:
Referral Pro reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification, and you agree to cooperate with Referral Pro's defense of such claims.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.
Before initiating any arbitration or court proceeding, you agree to first contact Referral Pro at info@thereferralpro.com and attempt to resolve the dispute informally for at least thirty (30) days. If Referral Pro initiates a dispute, Referral Pro will contact you at your registered email address.
If the dispute cannot be resolved informally, any dispute, claim, or controversy arising out of or relating to these Terms, the Service, or the relationship between you and Referral Pro shall be resolved exclusively through final and binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (or Commercial Arbitration Rules for Business Users), as modified by these Terms.
Each party shall bear its own costs and attorneys' fees, unless the arbitrator determines that a claim or defense was frivolous or brought in bad faith, in which case the arbitrator may award fees and costs to the prevailing party.
YOU AND REFERRAL PRO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, OR CONSOLIDATED ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. IF THIS CLASS ACTION WAIVER IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS ARBITRATION PROVISION SHALL BE NULL AND VOID.
YOU HEREBY WAIVE ANY RIGHT TO A JURY TRIAL IN ANY PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE.
Notwithstanding the foregoing, either party may bring an individual action in small claims court for disputes within the court's jurisdictional limits.
You may opt out of this arbitration agreement by sending written notice to [Referral Pro ADDRESS] within thirty (30) days of first accepting these Terms. The notice must include your name, address, email, and a clear statement that you wish to opt out of arbitration.
This arbitration agreement shall survive termination of your account and these Terms.
These Terms and any dispute arising hereunder shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions.
For any disputes not subject to arbitration, you consent to the exclusive jurisdiction and venue of the state and federal courts located in Texas.
These Terms, together with the Privacy Policy and any other policies incorporated by reference, constitute the entire agreement between you and Referral Pro regarding the Service and supersede all prior agreements, understandings, and communications.
If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its intent.
The failure of Referral Pro to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by Referral Pro.
You may not assign or transfer your rights or obligations under these Terms without Referral Pro's prior written consent. Referral Pro may assign its rights and obligations without restriction. Any attempted assignment in violation of these Terms is void.
Referral Pro shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, government actions, power failures, internet or telecommunications failures, or cyberattacks.
By using the Service, you consent to receive electronic communications from Referral Pro, including emails, push notifications, and in-app messages. You agree that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communications be in writing.
Section headings are for convenience only and shall not affect the interpretation of these Terms.
Sections that by their nature should survive termination shall survive, including but not limited to: Definitions, Intellectual Property, Disclaimers, Limitation of Liability, Release, Indemnification, Dispute Resolution, Governing Law, and General Provisions.
For questions about these Terms, please contact:
Referral Pro LLC
Email: info@thereferralpro.com
BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
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