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Third-Party Referral Program Terms and Conditions

Effective 10/20/2023

  1. Promoter. Billd, LLC, a Delaware limited liability company with its principal place of business at 3800 N. Lamar Blvd., Suite 210, Austin, Texas, 78756 (the “Promoter”), is pleased to announce the Third-Party Referral Program (the “Promotion”). These Third-Party Referral Program Terms and Conditions (these “Terms and Conditions”) shall govern all matters relating to the offering and administration of the Promotion as well as any disputes arising out of or in connection with the Promotion. In the event of any conflict between these Terms and Conditions and any other verbal or written information relating to the Promotion, these Terms and Conditions shall govern and control. Billd, LLC and its affiliate, Billd Exchange, LLC, are collectively referred to herein as “Billd.” “You” and “your” refer to the person or entity participating in the Promotion.
  2. Promotion. The Promotion is intended to incentivize material suppliers, general contractors, vendors, and other persons and entities which otherwise meet the Referring Party Eligibility requirements in Section 5 below (each, a “Referring Party”) to refer new customers to Billd, which Billd thereafter approves to consummate, and which do consummate, a Qualifying Transaction (as defined below), and which otherwise meet the Referred Party Eligibility requirements in Section 6 below (each, a “Referred Party”). For a referral to be considered eligible for the Promotion, the Referring Party shall have validly and completely submitted to Billd the referral form located at https://grow.billd.com/refer-a-sub/ (the “Referral Form”) prior to the consummation of a Qualifying Transaction between Billd and the Referred Party. The date on which a Referral Form is validly and completely submitted to Billd is hereinafter referred to as the “Submission Date.”
  3. Reward. Subject to these Terms and Conditions, following consummation of a Qualifying Transaction, the Referring Party will be eligible for redemption of an American Express gift card in the amount of $500.00 USD (the “Reward”). The nature and amount of the Reward to be provided shall be as stated in these Terms and Conditions as they exist on the applicable Submission Date. Subject to the terms and conditions hereof, the Reward will be made available by Billd within a commercially reasonable time following consummation of the applicable Qualifying Transaction, but in no event more than thirty (30) business days after the Redemption Date (as defined below).
  4. Qualifying Transaction. For the purposes of the Promotion, a “Qualifying Transaction” means the first transaction through the Billd Platform involving the Referred Party and Billd, which is consummated on or after the applicable Submission Date. Each of the Referring Party and the Referred Party acknowledges that (a) approval and consummation of any transaction between Billd and the Referred Party is within Billd’s sole discretion, and (b) Billd may disapprove any transaction at any time for any lawful reason. For the purposes of the Promotion, a Qualifying Transaction will be deemed to have been “consummated” when (x) Billd and the Referred Party have executed a valid and enforceable Purchase Statement corresponding to such transaction, and (y) Billd has initiated the disbursement of funds in connection with such Purchase Statement (with the date of such disbursement being herein referred to as the “Redemption Date”). For the avoidance of doubt, a Referred Party may not be the subject of more than one Qualifying Transaction, and each subsequent transaction between Billd and a Referred Party shall not be deemed a Qualifying Transaction. Additionally, if more than one Referring Party refers a Referred Party, Billd shall be entitled to treat the Referral Form first submitted by a Referring Party as the only referral eligible for the Promotion.
  5. Referring Party Eligibility. In addition to any other requirements set forth herein, the Promotion is available to Referring Parties that have validly submitted to Billd, prior to consummation of the applicable Qualifying Transaction, a complete Referral Form corresponding to the Referred Party.
  6. Referred Party Eligibility. In addition to any other requirements set forth herein, to be considered a Referred Party for the purposes of this Promotion, such party must: (a) not have previously transacted with Billd prior to the applicable Submission Date; (b) not have been previously known to Billd prior to the applicable Submission Date; (c) have executed a valid, enforceable, and subsisting agreement for products or services offered by Billd on or after the Submissions Date; (d) have satisfied all contractual obligations due Billd under all such agreements as of the date on which the Referring Party Award is to be provided in accordance with Section 3 above; (e) have consummated a Qualifying Transaction with Billd on or after the Submission Date; and (f) otherwise be approved to transact business with Billd as of date on which the Reward is to be provided in accordance with Section 3 above. For the purposes of this Section 6, the phrase “approved to transact business with Billd” means that the Referred Party is not breach of default of any obligation owed to Billd, is not on purchase hold with Billd, and is not otherwise the subject of any suspension, termination, cancellation, or revocation of privileges to use the Billd platform.
  7. Ineligibility; Exclusions; Reservations. Neither a Referring Party nor any of its owners, principals, or affiliates may have any relationship with or ownership or other financial interest in any Referred Party or any of its affiliates (other than a commercial, arms-length relationship maintained in the ordinary course of business). No owner or principal of a Referring Party or its affiliates may be related by blood or marriage to any of the owners or principals of any Referred Party or its affiliates. Any transactions arising from the submission of a Referral Form which do not satisfy the requirements hereof shall not be considered a Qualifying Transaction and will be ineligible for the Promotion. Neither the Promotion nor anything herein shall alter or be construed to alter any of the terms or conditions of any agreement between Billd and any Referring Party or between Billd and any Referred Party. Billd reserves the sole and exclusive right to disqualify and render ineligible anyone that tampers or attempts to tamper with the Billd website, the Referral Form, the referral submission process, and/or the administration of the Promotion. Billd shall have the sole and exclusive right to maintain the integrity of the Promotion and to void referrals for any and all lawful reasons, including, but not limited to: (a) multiple or duplicate referral submissions, (b) referral entries from the same user from different IP addresses, (c) multiple entries from the same computer, and/or (d) the use of bots, macros, scripts and/or other technical means for submitting referrals. Billd’s records shall be conclusive in all matters relating to the Promotion, including, without limitation, with respect to: (w) whether a Referral Form was properly, completely, timely, and validly submitted in each instance; (x) the identification of a Referred Party; (y) the eligibility of the Referred Party and the Referring Party, (z) the consummation of a Qualifying Transaction and the eligibility for and redemption of Rewards. No representations are made with respect to the eligibility for the Promotion or the odds of earning a Reward whatsoever. Billd reserves the right to report fraudulent or suspicious activity to the appropriate authorities. The actual or appraised value of Rewards may differ from that which is stated herein or on the Reward itself. Rewards may not be redeemed or substituted for cash or other property and are non-transferrable and non-assignable. Any and all Reward-related costs, expenses, fees, and liabilities, including, without limitation, any and all federal, state, and/or local taxes are the sole responsibility of and shall be paid by the Referring Party in accordance with applicable law.
  8. Limitation of Liability; Indemnity. By participating in the Promotion, you also agree that the collective liability of Billd and its affiliates with respect to any claim or dispute arising out of or in connection with the Promotion and/or these Terms and Conditions shall be limited, in each instance, to the actual damages which you have directly sustained as a result of Billd’s conduct and which have been awarded to you in a final, non-appealable judgment of an arbitrator, court, or other tribunal having jurisdiction over the matter in question. You therefore waive any right to claim, pursue, or recover any indirect, special, consequential, exemplary, or punitive damages from Billd or any of its affiliates in connection with any such clam or dispute. You further release and agree to hold Billd and each of its members, managers, officers, directors, shareholders, representatives, employees, agents, affiliates, legal representatives, insurers, advertising and promotion agencies, predecessors, successors, and assigns harmless from any claim, injury, cost, expense, damage, or other liability of any kind or character that may occur or arise, directly or indirectly, from (a) your participation in the Promotion; (b) your acceptance, use, or misuse of any Reward; (c) technical failures or breaches of any kind, including, without limitation, the malfunctioning of any computer, cable, network, hardware or software, or with the Reward itself; (d) the disruption, unavailability, or inaccessibility of any internet or other utility service which may be required to participate in the Promotion or to redeem any Reward hereunder; and (e) human error or unauthorized intervention in any part of the Promotion. BY PARTICIPATING IN THE PROMOTION, YOU WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THE PROMOTION AND/OR THESE TERM AND CONDITIONS.
  9. Disputes; Mandatory Arbitration. You agree that these Terms and Conditions shall be governed by and interpreted under the laws of the State of Texas, without respect to conflict of law principles. You agree that any and all disputes relating to or arising out of these these Terms and Conditions and/or the Promotion shall be resolved individually, without resort to any form of class action, and exclusively before a state court in Travis County, Texas. You further agree that the state courts in Travis County, Texas shall have exclusive jurisdiction over any such matter and waive any right or grounds on which to object to such jurisdiction. Notwithstanding the foregoing, on our election, you agree that any dispute, controversy, or claim between Billd and you arising out of or in any way related to the Terms and Conditions, including but not limited to contract claims, negligence claims, tort claims, deceptive trade practices claims, breach of duty claims and all other common law, statutory, and other claims of any kind or character between you and Billd, shall be fully and finally determined by submission of the dispute to mandatory binding arbitration pursuant to the Commercial Rules of the American Arbitration Association in front of one (1) arbitrator selected pursuant to such rules. You further agree that with respect to any proceeding initiated pursuant to this provision: (a) any claim or claims a party may bring pursuant to this provision may not be consolidated with the claims of any other person or entity, and you waive any right to the consolidation of claims; (b) any hearing conducted shall be held in Austin, Texas, or in such place as Billd may otherwise agree in writing; and (c) the non-prevailing party will be liable for the costs of any such proceeding, including attorneys’ fees, forum and arbitrator fees.
  10. No Affiliation. This Promotion is in no way sponsored, endorsed, administered by, or associated with American Express or any of its affiliates, nor is Billd in any way affiliated with American Express or any of its affiliates.
  11. Agreement; Incorporation. By participating in the Promotion, you represent and warrant that you meet the eligibility requirements set forth herein and that the individual acknowledging these Terms and Conditions and/or redeeming any Reward hereunder is authorized to unconditionally bind the party for whom it acts or purports to act to these Terms and Conditions. By participating in the Promotion, you also agree to be bound by the Billd’s Terms of Use and Privacy Policy, as the same may be modified from time to time and posted on Billd’s website, each of which is incorporated by reference herein. These Terms and Conditions, together with Billd’s Terms of Use and Privacy Policy, constitute the entire agreement between you and Billd with respect to the subject matter hereof.
  12. Amendment; Modification; Invalidity. The Promotion will run and be available until such time as the Referral Form is no longer visible at https://grow.billd.com/refer-a-sub/. Billd reserves the right to modify, suspend, cancel, and/or discontinue the Promotion at any time or from time to time, for any reason or no reason, and without notice to you. Any modifications to these Terms and Conditions shall take effect immediately upon posting to the link above. Following cancellation of the Promotion, any and all Rewards which have been earned in accordance with the provisions hereof will be provided in accordance with the provisions hereof.
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