Salesforce User Research Program Terms and Conditions
The Salesforce User Research Program is brought to you by salesforce.com, inc. ("Salesforce").
These Terms and Conditions (“Terms”) govern your participation in the Salesforce User Research Program (“Program”). You automatically agree to these Terms and affirm that you have reviewed the Salesforce Privacy Statement simply by participating in the Program. Please read these Terms carefully because they constitute a legally binding agreement between you (“you” or “your”) and Salesforce. These terms govern your participation in the Program.
IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT PARTICIPATE IN THE PROGRAM.
Participation in the Program is only available to individuals who are at least 18 years of age, or who have reached the age of majority in their jurisdiction of residence as of their date of participation. Further eligibility criteria may be added at Salesforce’s discretion.
Participation in the referral portion of the Program (the “Referral Program”) is available only to existing Program participants in good standing. You may only refer individuals (“Referee”) who i) reside in the United States or Canada, excluding Quebec and Manitoba (collectively “Eligibility Area”); ii) are at least 18 years of age or who have reached the age of majority in their jurisdiction of residence at the time they are referred; and iii) are eligible to participate in the Program under these Terms. If the Referee is a personal referral, you agree to only send a referral email to known friends and family members with whom you have a relationship, with whom you’ve had a voluntary two-way direct communication with outside of the Program, and who have confirmed to you that they want to receive this communication. If the Referee is a referral in the context of your business, you agree to only send a referral email to business contacts who you know, with whom you’ve had voluntary two-way direct communication with outside of the Program, and who have consented to receive this communication from you. You must not send referral emails to people you do not know.
All referral emails sent by you must include the unique code (“Unique Code”) provided by Salesforce. For each Referee that completes the Program sign-up form using the Unique Code, you will receive one (1) point, subject to eligibility verification. Referees must not be existing participants in the Program.
You will receive one (1) $50 Tango e-gift card for every five (5) points awarded by Salesforce within a single calendar year, up to a lifetime maximum of $300 in e-gift cards. Points will not roll over year-to-year. Tango e-gift cards are subject to the Tango terms and conditions available at https://www.tangocard.com. All values listed in USD. Upon validation of eligibility, you will receive your e-gift card within thirty (30) days of the end of each Salesforce fiscal quarter (April 30, July 31, October 31 and January 31, or the following business day if the quarter end date falls on a weekend). E-gift cards may be reported as income and you are responsible for all taxes that may result from your receipt of the gift card. You may be required to complete required tax forms or other documents requested within the time period stipulated by Salesforce. Points are not your personal property, and your only recourse for redeeming your points is for an e-gift card, provided you have the minimum number of points required under these Terms. As of the effective date of your participation in the Program being cancelled or terminated, you will forfeit your points if you have insufficient points to receive an e-gift card. Please note that Salesforce may change the point and rating system at any time, however, any such changes will not decrease the total value of your unexpired points. In the event of a technological or system error where your point balance is affected, Salesforce reserves the right to adjust your point balance. Moreover, Salesforce may cancel, suspend or otherwise limit your access to your points balance if we reasonably suspect fraudulent, abusive or unlawful activity with respect to your account.
The Program and these Terms may be modified, suspended or cancelled in whole or in part, or otherwise terminated without prior notice.
By participating in the Program you expressly agree to receive communications from Salesforce about your participation in the Program, including but not limited to any feedback provided about Salesforce products or services.
Your privacy is important to us. Please read the Salesforce Privacy Statement here to understand how we collect, use and share information about you. We recommend that you review the Privacy Statement on a regular basis to ensure that you are aware of the latest changes.
You are an independent contractor and are not an agent or employee of, and have no authority to bind Salesforce by contract or otherwise.
You may terminate this agreement at any time, for any or no reason at all, by sending an email to email@example.com. Without altering any other provision of these Terms, Salesforce may terminate this Agreement without notice or liability. Salesforce may also deny, suspend, cancel, or terminate your participation in the Program and use of the Sites (defined below) at any time, including without limitation, for convenience, breach or suspected breach of these Terms, or of any applicable law, rule or regulation.
Subject to the provisions of the Privacy Statement, you agree that by participating in the Program, Salesforce may use your name and email address and disclose the fact of your referral of the Referee. You are not to use any false email addresses, mailing addresses or names.
Salesforce (and/or others on behalf of Salesforce) will be, from time to time, photographing, transcribing, recording (both
audio and video), webcasting and podcasting (collectively “Recording”) your participation in
the Program. By agreeing to these terms and participating in the Program:
• You agree that your image, likeness, voice, statements and other identifying characteristics (your "Image") may be recorded, and you consent to the use of your Image in connection with the use of the Recordings.
• You irrevocably grant Salesforce and its agents, contractors, licensees and designees and their respective successors and assigns (the "Salesforce Parties") a non-exclusive, worldwide, royalty-free and fully paid-up, perpetual license to use, reproduce, distribute, prepare derivative works of, translate, display, perform and otherwise exploit the Recordings and your Image therein, in whole or in part, in any and all media formats and through any and all media channels, in any manner and for any purpose in connection with Salesforce, its business and/or Event (including any future reoccurrence of the Event or a similar event), and for any other lawful purpose.
• You waive any right you may have to inspect and/or approve the use of the Recordings or any reproductions thereof, and you agree that Salesforce is not obligated to make any use of your Image or exercise any of the rights granted to it.
• You understand that your Image may appear in Recordings made available to you, other attendees, or the public, and that third-parties may retain and distribute those Recordings.
• You agree that Salesforce exclusively owns all rights (including without limitation, intellectual property rights) in the Recordings and all results and proceeds derived from the use of the Recordings and your Image therein, and that no portion of such proceeds will be shared with you.
• You waive and release any and all rights of privacy and publicity, and any and all claims to compensation or damages or of violation of intellectual property rights, in connection with the use of the Recordings and your Image therein and/or any advertising or publicity relating thereto.
• You represent that you are of full legal age and have read this release and fully understand its contents.
You grant to Salesforce, its subsidiaries and affiliates a worldwide, perpetual, irrevocable, royalty free license to use and incorporate into their products, services and events any suggestion, enhancement request, recommendation, correction or other feedback you provide while participating in the Program.
While participating in the Program, you should never share any confidential or proprietary information owned by yourself, by your current employer, or any third party. Keep in mind that if you send or share with Salesforce any information, ideas, suggestions, or other communications, those communications will not be confidential. Moreover, unless we tell you otherwise, we reserve the right to reproduce, use, disclose, and distribute such communications without any obligation to you. You agree to indemnify, release, and hold Salesforce harmless from any and all liability, claims, actions, loss, harm, damage, injury, cost or expense arising out of any information you provide as a participant in the Program.
During your participation in the Program, you may be exposed to features and functions of Salesforce products or services that are not generally available and other confidential information as designated by Salesforce (collectively, "Confidential Information"). You agree not to use Confidential Information or disclose it to anyone else (including other employees of your company) except with Salesforce’s prior written consent. You agree to use reasonable care to maintain the confidentiality of the Confidential Information and, upon becoming aware of any unauthorized use or disclosure of the Confidential Information, to promptly notify Salesforce of, and provide reasonable assistance to Salesforce in remedying, any such unauthorized use or disclosure.
You will not receive compensation for participating in the Program unless otherwise informed, in writing, by Salesforce or its authorized agents. It is your responsibility to notify Salesforce concerning any policies your organization may have that limit your ability to receive gifts or compensation for participating in the Program. Additional restrictions may apply to employees of any governmental agency.
You represent and warrant that you are at least 18 years of age and that you have the capacity, right and authority to enter into this agreement and abide by its terms and conditions. You represent and warrant that you will comply with all applicable laws, rules, regulations and ordinances (including intellectual property laws) in connection with your participation in the Program. You also represent and warrant that you will not use the Program or the Sites (as defined below) for any unlawful or unauthorized purposes. You represent and warrant that your participation in the Program does not and will not violate any agreement between you and any third party.
We provide the Program and Sites using a commercially reasonable level of care and promise to do our best to make sure you enjoy the Program. But there are certain things that we don’t promise about the Program.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS, NEITHER SALESFORCE NOR ITS AGENTS OR SERVICE PROVIDERS (THE “ENTITIES”) MAKE ANY SPECIFIC PROMISES ABOUT THE PROGRAM. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE PROGRAM WEBSITES (“SITES”), THE SPECIFIC FUNCTION OF THE PROGRAM OR THE SITES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE PROGRAM AND SITES “AS IS”.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
EXCEPT WHERE PROHIBITED, UNDER NO EVENT WILL SALESFORCE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS, OR SERVICE PROVIDERS (“THE PROGRAM ENTITIES”) BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR PARTICIPATION IN THE PROGRAM OR USE OF THE SITES, OR ANY THIRD PARTY’S USE OF THE SITES. THESE EXCLUSIONS INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, COMPUTER FAILURE, OR THE VIOLATION OF YOUR RIGHTS BY ANY THIRD PARTY, EVEN IF THE ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED.
You agree to indemnify and hold the Program Entities harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorneys' fees (collectively, “Claims”), arising out of or in connection with: (1) Your participation in the Program and use of the Sites; (2) any violation of these Terms; and (3) Your violation of any applicable law, the intellectual property rights of any third party, or confidentiality obligations due to any third party. You may not settle any Claims without the prior written consent of Salesforce.
If you do not comply with these Terms and we don’t take action right away, this doesn’t mean we’re OK with what you did, or that we are giving up any rights that we may have (such as taking action in the future). We reserve the right to seek remedies and damages from anyone who violates these Terms to the fullest extent permitted by law, including without limitation criminal prosecution.
These Terms are governed by and construed in accordance with the laws of California, without regard to its conflict of laws rules. You expressly agree that the exclusive jurisdiction for any claim or dispute under these Terms and or your participation in the Program resides in the courts located in San Francisco, California, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action. If it turns out that a particular provision in these Terms is not enforceable, that will not affect any other provision.
Terms current as of October 2, 2019.