OFFICIAL RULES
Program Details
The CAN Capital Customer Referral Program (the “Program”) offers eligible customers of CAN Capital, Inc. (“CAN Capital”, “we” or “us”) an opportunity to earn a $500.00 USD gift card (the “Incentive”) in return for providing us with an eligible small business referral that results in a funding of working capital to that referred business through CAN Capital.
Eligibility of Referring Party
The Program is available only to past and current customers of CAN Capital who are in good standing (i.e., not in default, current with payments and not in breach of any agreement with CAN Capital) and who have been invited to participate in the Program (hereinafter referred to as a “Referrer” or “you”).
Eligibility of Referral
Not every contact that you refer to us (each a “Referral”) will be deemed an eligible Referral that will result in you earning the Incentive payment under the Program. When we receive a Referral from you, we will first check that the Referral is eligible under the Program by confirming that the business is not already a CAN Capital customer or active prospect, has not already been referred to CAN Capital through some other means, is not on our email or telephone opt-out lists, does not operate in a territory where CAN Capital does not do business and does not otherwise fail to qualify for working capital provided through CAN Capital (e.g., insufficient time in business, operates a business within a non-qualifying industry, previously in default on working capital through CAN Capital). You will earn the Incentive only if the small business you referred actually obtains working capital through CAN Capital within ninety (90) days of the date you provided the Referral and both you and the Referral (including the business) qualify as eligible under these Official Rules. In addition, Referrers will not receive the Incentive for referring themselves, their affiliates and/or their subsidiaries (including for a renewal of their existing funding). CAN Capital reserves the right to disqualify anyone from this Program at any time. Anyone who violates these Official Rules is ineligible for payment of the Incentive.
Submitting a Referral
Each Referral must be submitted through your CAN Capital Sales Agent or through the online form found at the following URL: https://info.cancapital.com/customer-referral-program. All requested information (i.e., business and owner name and phone number) must be provided. All information provided must be as accurate as possible to the best of your knowledge. You must only submit contact information for small businesses or small business owners that you know (friends, colleagues, family members, and direct acquaintances) and who you have a good faith belief are eligible and in need of working capital. Referrers are limited to submitting five (5) Referrals per month.
How We Handle Referrals
If CAN Capital determines that the Referral might qualify for a funding product, which will be determined within our sole discretion, we may contact the referred business owner (by email or telephone) to inquire into its needs for working capital. You agree that we may use your name and the name of your business as the source of our lead. For confidentiality reasons, we cannot disclose any information to you regarding any business we may conduct with your Referral. However, we will track you as the source of any Referral and pay you the Incentive if you and your Referral are eligible and the Referral obtains working capital through CAN Capital within ninety (90) days of the date you provided the Referral. Participation in this Program requires a one-time waiver of privacy rights by both parties, because each party may become aware of the presence of an account relationship with CAN Capital. You so waive your right to privacy regarding whether you have an account through CAN Capital.
Incentive
The Incentive will be paid to you for each eligible Referral that you provide us which leads to a funding through CAN Capital. Any earned Incentive(s) will be paid monthly, in arrears. Incentives are considered miscellaneous income, and may be reportable to you and the IRS on Form 1099-MISC. If the cumulative Incentive payments paid to you in a one calendar year exceed $599 USD, then form W-9 may be required to be completed prior to the triggering payment. You risk forfeiting any payments that are not claimed within 180 days of the date the funds are made available in the event that your email address or required tax information have not been properly provided to us. Risk of loss passes to recipient upon dispatch of the Incentive. CAN Capital will not be liable for any delays in paying the Incentive.
Non-solicitation
By participating in the Program, you agree not to solicit applications for working capital. You agree not to compensate, or accept any compensation from, the businesses whom you refer to CAN Capital through the Program. You agree that your activities will be limited to informing your Referrals about CAN Capital and providing your Referrals’ information to CAN Capital so that we may reach out to your Referrals. You may not collect information from your Referrals in connection with the Program or assist with filling out a funding application or discuss specific funding products or terms with your Referrals.
Independent Contractor
Your participation in the Program is solely as an independent contractor. Neither you nor CAN Capital intend to establish an employment relationship and you are not entitled to any benefits from CAN Capital.
Discontinuation
CAN Capital reserves the right to temporarily or permanently modify or discontinue the Program at any time, for any reason, at our sole discretion, and without notice to you.
Miscellaneous
The Program and any dispute arising under or related thereto (whether for breach of contract, tortious conduct or otherwise) will be governed by the laws of the State of Georgia, without reference to its conflicts of laws principles. Any legal actions, suits or proceedings related to the Program (whether for breach of contract, tortious conduct or otherwise) will be brought exclusively in the state or federal courts located in Atlanta, Georgia. By submitting a Referral, you agree, to the extent permitted by applicable law: (1) TO ACCEPT AND SUBMIT TO THE PERSONAL JURISDICTION OF THE COURTS OF GEORGIA, BOTH FEDERAL AND STATE, FOR RESOLUTION OF ANY DISPUTES IN CONNECTION WITH THE PROGRAM; (2) to be fully and unconditionally bound by, and to waive any right to claim ambiguity in, these Official Rules; (3) that the decisions of CAN Capital are final and binding on all matters relating to the Program, including interpretation of these Official Rules and payment of the incentive; (4) that any and all disputes that cannot be resolved between you and us, claims and causes of action arising out of or connected with the Program, shall be resolved individually, without resort to any form of class action; and (5) that in the event of any dispute between you and CAN Capital: (a) you will not be permitted to obtain awards for, and hereby waives all rights to claim, punitive, incidental, consequential or special damages, lost profits and/or any other damages, including attorneys’ fees, other than entrant’s actual out-of-pocket expenses (if any), not to exceed one hundred dollars ($100); (b) you further waive all rights to have damages multiplied or otherwise increased; and (c) your remedies are limited to a claim for money damages (if any) and you irrevocably waive any right to seek injunctive or equitable relief. If any provision of these Official Rules shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Official Rules and shall not affect the validity and enforceability of any remaining provisions. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules will otherwise remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. CAN Capital’s failure to insist upon or enforce strict performance of any provision of these Official Rules shall not be construed as a waiver of any provision or right. No waiver of any term or condition of these Official Rules shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Personal information submitted for this Program will be subject to the Privacy Policy posted at https://www.cancapital.com/Policy/can-capital-privacy-policy/. In the event of an alleged or actual ambiguity, discrepancy or inconsistency between disclosures or other statements contained in any Program materials or CAN Capital’s website Terms of Use or Privacy Policy and the terms and conditions of these Official Rules, it will be resolved in CAN Capital’s sole discretion.