Referral Program
Terms and Conditions

Progress Software Corporation ("we," "us" the "Company", "Progress") offers you the opportunity to earn rewards by referring friends and colleagues to buy eligible Progress Telerik® developer tooling and test studio software products further detailed in appendix A (The "Telerik Products"). Your participation in the Progress Referral Program ("Progress Referral Program" or "Program") can earn you and your Referred Person a $50 (or local currency equivalent) Amazon gift card (or such other reward of equal value as determined by Progress from time to time) (the "Reward"). We reserve the right to terminate the Program at any time for any reason. The Program is administered by Progress, which may, outsource certain elements of administration to third parties (collectively "Administrator").

These terms ("Terms") apply to a user's participation in the Program. By participating in the Program, users agree to use the Program as outlined herein, and consistent with any other terms we may apply to the Program. If you do not agree to these Terms in their entirety, then you cannot register and participate in the Program. Users also cannot participate where in so doing, they would violate any applicable law or regulation, or any of their employer's policies.

Eligibility

This Program is void where such referral programs are prohibited. Users who refer others to the program are "Referrers"; those who are referred are a "Referred Person" or "Referred People" Referrers are may be eligible to receive a Reward for every qualified referral. Referrers must be legally able to participate in the Program and must be 1) at least the age of majority where they reside, 2) be in good standing with regard to their dealings with Progress.

Participation in the Program represents an ongoing relationship with you, for privacy purposes. So long as you remain in the Program, you will be considered an active member of the Program and of the Progress Community. Please see Progress's privacy policy for further details on your privacy rights.

Participation in the Program represents an ongoing relationship with you, for privacy purposes. So long as you remain in the Program, you will be considered an active member of the Program and of the Progress Community. Please see Progress's privacy policy for further details on your privacy rights.

Companies and employees of Progress, its subsidiaries, affiliates, Partners or promotional agencies, including immediate family and household members, are not eligible. For the avoidance of doubt, "Partners" in this case means any individual or company that is part of the Global Progress Partner Program, Progress Accelerate further detailed at https://www.progress.com/partners or which otherwise has entered into a partnership agreement with Progress or any Progress Affiliate in relation to the resale, referral or embedding of any Progress software product or service.

Employees of any Government entity are not eligible for participation the Referral Program.

Referrers and Referred People should check their own employer's policies in relation to the acceptance of rewards or incentives and must not accept the Reward from Progress if prohibited by such policies.

How It Works

To participate, visit https://www.telerik.com/referral-program and follow the on-screen instructions to start referring. You can refer up to three people in a single submission (multiple for submissions are permitted) and must complete all required fields. Please do not provide personal information that is not requested. Once submitted, you and the Referred person will receive an email confirming the submission. The Referred person will be asked to click on a link to confirm their interest by completing a form requesting additional information. Submission of the form confirms their interest and consent to use of their information by Progress. These emails will also include a link to allow the recipient to opt out of any further marketing communications from Progress. We may send a reminder email a reasonable time after sending the initial email. If a Referred person does not confirm their interest within 30 days of the initial referral, we will remove their information from our systems and they will not be a Qualified Referral.

Referrers must respect the spirit of the Program by not engaging in spamming or other unfair or otherwise problematic practices, including creating fake accounts or harassing Referred persons.

Qualified Referrals must meet the Conditions for Receiving Reward set out below. Rewards will be sent out to the Referrer and the Referred Person by email within 30 days after completion of a qualifying purchase by the Referred Person. Vouchers will be for the Amazon online store in the location of the Referrer and Referred Person respectively unless we are notified of an alternative preference prior to the Reward being issued.

Conditions for Receiving Reward

Rewards will be sent to the Referrer and the Referred Person for Qualified Referrals who meet the following conditions:

1. The Referred Person must click on the confirmation link in the email from Progress and complete the submission form in order to be registered for the Reward.
2. If a Referred Person is referred by more than one Referrer, Progress will provide the Reward to the first Referrer to nominate the Referred Person unless the Referred Person a) opts out of being contacted by Progress following receipt of the email triggered by that referral or b) does not click on the link relating to that referral within 30 days of receipt. If either a) or b) apply and a second referral is made by a different Referrer, that Referrer will be eligible to receive the Reward if a Qualifying Purchase is made.
3. The Referrer may not offer any additional monetary or other incentive to the Referred Person to participate in the Program.
4. The Referred Person must complete the purchase of a minimum value of USD$600 (exclusive of applicable taxes) of Eligible Products within 30 days of confirming their interest via the email link (a "Qualifying Purchase").
5. The Referred Person must not be an existing customer (that is, they may not have existing licenses in their name or registered to the same email address) of Progress Telerik products ("Existing Customer"), and must not have been an Existing Customer under any email address or alias for at least 12 months prior to the date they confirm interest via the email link;
6. The Referred Person must be eligible to create a Progress account.
7. The Referred Person must place an order for Eligible Products using a valid and current email address that has not been used to purchase Eligible Products within the last 12 months.
8. All purchases are subject to US export controls and other legal and regulatory requirements, any orders which do need meet these requirements will be rejected and will not constitute a Qualified Purchase.

How Rewards Work

Referrers are permitted to receive a maximum of $500 in Rewards in any 12-month period.

Rewards are subject to verification and will generally be awarded within 30 days of verification. Progress may withhold a Reward if it reasonably believes additional verification is required. Progress may also withhold or invalidate any potential Reward it deems fraudulent, suspect, or in violation of these Terms, or if a Qualified Purchase is cancelled or refunded in accordance with the terms of the applicable license agreement. Progress may reject a Referral or refuse a Reward if Progress in its sole discretion believes awarding a Reward or verifying and approving a transaction will impose liability on Progress, its subsidiaries, affiliates or any of their respective officers, directors, employees, representatives and agents.

All Progress Entities' decisions are final and binding, except where prohibited, including decisions as to whether a Qualified Referral or Qualified Purchase is valid, when and if to terminate the Program, and whether, if at all, to change the program. Any changes to the program will be sent via email to registered Referrer's and Referred People who have confirmed their interest, and except where prohibited, will become effective as of the date the email is sent. If a Referrer has referrals pending qualification at the time that updates are sent, those pending referrals shall be validated and Rewards given under the terms that were valid at the time the Referred Person confirmed their participation in the Program.

Use of Rewards

Amazon gift cards are subject to the terms set out by the issuer from time to time. Recipients are responsible for compliance with the terms set out by the issuer.

Liability Release

Except where prohibited, Users agree that by participating in the Program, they agree: (1) to be bound by these Terms the decisions of Progress, its Administrators (if any) and/or their designees, and applicable privacy policies; (2) to release and hold harmless Progress, its affiliates and subsidiaries, together with their respective employees, directors, officers, licensees, licensors, shareholders, attorneys and agents including, without limitation, their respective advertising and promotion entities and any person or entity associated with the production, operation or administration of the Program (collectively, the "Released Parties"), from any and all claims, demands, damages, losses, liabilities, costs or expenses caused by, arising out of, in connection with, or related to their participation in the Program (including, without limitation, any property loss, damage, personal injury or death caused to any person(s) and/or the awarding, receipt and/or use or misuse of the Program or any Credit); and (3) to be contacted by Progress via e-mail.

Except where prohibited by law, the Released Parties shall not be liable for: (i) late, lost, delayed, stolen, misdirected, incomplete unreadable, inaccurate, garbled or unintelligible entries, communications or affidavits, regardless of the method of transmission; (ii) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iv) any injuries, losses or damages of any kind resulting from acceptance, possession or use of a Reward, or from participation in the Program; or (v) any printing, typographical, administrative or technological errors in any websites or materials associated with the Program. Progress disclaims any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with this Program, and reserves the right, in its sole discretion, to cancel, modify or suspend the Program should a virus, bug, computer problem, unauthorized intervention or other causes beyond Progress' control, corrupt the administration, security or proper play of the Program.

Except where prohibited, the Released Parties shall not be liable to any Users for failure to supply any Reward or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, tornado, tsunami, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other similar or dissimilar cause beyond any of the Released Parties' control.

As a condition of entering the Program, and unless prohibited by law, Users agree that under no circumstances will Users be entitled to any awards for any losses or damages, and Users hereby waive all rights to claim punitive, incidental, consequential and any other damages, and waives any and all rights to have damages multiplied or otherwise increased. A waiver of rights may not apply to you in your jurisdiction of residence. Additional rights may be available to you.

Progress reserves the right to cancel or suspend this Program should it determine, in its sole discretion, that the administration, security or fairness of this Program has been compromised in any way.

Applicable Law

Except where prohibited, disputes, claims and causes of action arising out of or related to this Program or any prize awarded shall be resolved under the laws of the United States, and except where prohibited, the Commonwealth of Massachusetts (without reference to its conflicts of laws principles), and participant agrees to submit any dispute to the exclusive jurisdiction of the state and federal courts located in the Commonwealth of Massachusetts.

Referrer's Code of Conduct

Referrer's agree that they will not violate any of these Terms, or otherwise engage in activity that could be considered harassment toward other users. Users agree not to use the Program to:

• Violate the intellectual property rights of Progress
• Spam or otherwise create bulk distributions of referral emails.
• Collect or attempting to collect personal data about users or potential Referred People.
• Engage in any actions that are designed to disrupt or undermine the Program
• Make attempts to gain unauthorized access to Progress software products or the Program for any reason
• Transmit files that contain bots, viruses, works, Trojan horses, or any other file that could contaminate or otherwise destroy Progress intellectual property or stop the function of the Progress services
• Engage in illegal or unsportsmanlike activities
• Engage in behavior designed to annoy or harass others
• Engage in actions that disparage or malign or call into question the reputation of Progress, in Progress's sole discretion

Inappropriate Behavior

Progress may prohibit anyone from participating in the Program or receiving a Reward if they determine such Participant is attempting to undermine the fairness, integrity or legitimate operation of the Program in any way by cheating, hacking, deception, or any other unfair playing practices of intending to annoy, abuse, threaten or harass any other person, or representatives of Progress. Use of any automated system to participate is strictly prohibited, and if discovered, and will result in disqualification of both the Referrer and any Referred Person referred by them. Referrers are prohibited from referring themselves (for example by using a different email address to one already provided.). Progress reserves the right to disqualify anyone if it should discover a Participant is tampering with the entry or referral process or the operation of the Program or violating these Terms. Referrals generated by a script, macro or other automated means will be disqualified. If a solution cannot be found to restore the integrity of the Program, we reserve the right to cancel, change, or suspend the Program.

Privacy

Participation in the Program requires a Referrer and the Referred Person to submit personal information about themselves. The Referrer will also be required to provide limited personal information about the people they refer and consideration should be given by the Referrer as to the appropriateness of providing such information based on their knowledge of the person they are referring. Personal information will be collected, processed and used in accordance with Progress's Privacy Policy which can be found at https://www.progress.com/legal/privacy-policy. By participating in the Program Referrers and Referred People agree that their Personal information may be used by Progress to contact them with regards to participation in the Program and to receive communications from Progress or third party administrators of the Program (if applicable). You may opt out of marketing communications from Progress at any time by following the applicable links in any Progress email or in our Privacy Policy.

Reservations of Rights

We reserve the right to modify or amend at any time these Terms and the methods through which Credit are earned. We reserve the right to disqualify any User at any time from participation in the Program if he/she does not comply with any of these Terms. Progress Entities' failure to enforce any term of these Terms shall not constitute a waiver of that provision.

CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE PROGRAM. SHOULD SUCH AN ATTEMPT BE MADE, PROGRAM ENTITIES RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION

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