Referral Program Terms & Conditions

 

SouthCare Cremation & Funeral Society (“SouthCare”) Referral Program Terms and Conditions

These terms and conditions (“Program Terms”) govern the SouthCare Cremation & Funeral Society (“SouthCare”) Referral Program (the “Program”) for all participants.

  1. Participation. (a) SouthCare will make all determinations regarding participation in the Program. SouthCare may terminate any participant from the Program or cancel the entire Program at any time for any reason without notice to participants.

(b)  Participation in the Program will constitute acceptance of the Program Terms.

  1. Payment. (a) SouthCare shall pay $10 for each online membership associated with a successful referral.  Once a referral becomes a successful referral (as defined in section 13 of these Program Terms), SouthCare will compensate a participant $10 for each of the memberships registered online.  SouthCare will direct payment to the individual  whose information is submitted with the membership upon checkout at https://www.southcare.us/membership. SouthCare will not pay any participant more than $599 in a calendar year until the participant has provided a completed W-9 form to SouthCare.

(b)    SouthCare shall pay $10 for each qualified referral at its sole discretion via check or gift card.  SouthCare will send payment at its discretion not fewer times than once per month. SouthCare will make the final determination as to whether any referral is a qualified referral.

 

(c)  SouthCare is not required to give specific reasons why a particular referral has not been deemed a qualified or successful referral, or to make these decisions in a specific amount of time.

  1. Independent Contractor. Each participant in the Program is an independent contractor, and no participant is authorized to act on SouthCare’s behalf. The participant hereby acknowledges that SouthCare does not direct it how to perform its obligations. Nothing in these Program Terms will be construed to create a joint venture, employer-employee relationship, partnership, or association between SouthCare and the participant.

  2. Trademarks. The participants shall not use any trademarks, copyrighted materials, patents, names, logos or other intellectual property owned or licensed by SouthCare, except as they may be included in materials provided by SouthCare.

     

  3. Indemnification.  The participant shall indemnify SouthCare and its representatives against any claims arising from its participation in the Program. This obligation includes court costs and attorney’s fees.

  4. Warranty Disclaimers; Limit of Liability. (a) Participation in the Program is at the participant’s own risk. SouthCare provides the program “as is” without warranty of any kind, express or implied.

(b)    In no event will SouthCare be liable for incidental or consequential damages or for loss of profits, revenue, or data as a result of claims arising out of or connected with these program terms or the program, whether brought in contract or tort, even if SouthCare has been advised of the possibility of such damages. This limitation does not apply to amounts owed under section 2 of these Program Terms. 

  1. Amendment. SouthCare may change the Program Terms at any time by providing notice to the participant. Participation in the Program at any time after SouthCare has changed the Program Terms will constitute acceptance of the changes.

  2. Notices. SouthCare may give notice under this agreement in any reasonable manner, including using email or posting to southcare.us/membershipreferral.

     

  3. Governing Law; Jurisdiction. These Program Terms are governed by the laws of the State of Georgia. The parties hereby consent to the exclusive personal jurisdiction of the courts in Georgia and waive any objection as to venue or inconvenient forum.

     

  4. Assignment. SouthCare may assign its rights and obligations under this agreement to any party. The participant shall not assign its rights or obligations under this agreement without SouthCare’s written consent.

  5. Waivers. Failure to enforce a right or provision under this agreement does not constitute a waiver of that right or provision.

  6. Email. In accordance with 15 USC § 7701 et seq. (the CAN-SPAM Act), if a participant designates a referral email address that has previously opted out of receiving marketing emails from SouthCare, the participant will be advised that the email address is not eligible to be sent a Program email.

  7. Definitions. In this agreement, the following definitions apply.​

“qualified referral” means an individual which (1) a participant refers to and completes the purchase of an online membership at https://www.southcare.us/membership; (2) is not a current, or pending member of SouthCare, based on the date the referral is submitted; (3) is willing to discuss purchasing a funded advance-planning agreement. 

“successful referral” means a qualified referral which (1) purchases an online SouthCare membership and has indicated their acceptance that the membership is non-transferrable and non-refundable and who enters the member information for a referral payout to be made.