MDU Terms and Conditions [Residential]

Connected Communities Residential Referral Program

Effective September 22, 2023, as revised


Terms and Conditions


Eligible Participants who participate (“Participant” or “you”) in the Connected Communities Residential Referral Program (“CCRP” and/or the “Program”) are required to read, understand, and accept this Agreement. The affiliate of Lumen Technologies, Inc. providing services and equipment to Mass Market residential customers, including all branded CenturyLink and Quantum Fiber services (described herein as “Company”) reserves the right to revise the Program, these Terms and Conditions, Service eligibility, Participant eligibility, rewards, or cancel the Program at any time, without notice, and without any liability or obligation to any Participant.
General Provisions and Definitions

This agreement (“Agreement”) is made between Company and the Participant who completes the enrollment process to participate in the Program (“Enrollment”). This Agreement establishes the non-exclusive terms and conditions under which the Participant shall submit Referrals for consideration as a Qualified Referral (as defined in the Qualified Referral Section below) to Company for Referral award (“Rewards”). As used herein, a “Referral” shall refer to a sales lead for a Mass Market residential, not business, potential customer provided by you to the Connected Communities Referral Program Sales Team (the “Sales Team”) which you submit to Company via the Referral creation methods designated by Company, identifying a prospective Mass Market residential customer (“Customer”) who has provided clear consent to be contacted by a member of the Sales Team (a “Sales Agent”) and interested in receiving Services from Company. Company has no obligation to pursue or take any action on any Referral submitted by you or directly to the Sales Team. All Rewards are subject to audit by Program Management for accuracy and compliance with the Agreement prior to payout. “Program Management” is defined as the Company team responsible for managing the program and its audit resource.
Participant Requirements
  1. Participants must complete the enrollment process and meet the following criteria:
  2. To the extent that Participant is enrolled as a business entity or owner (“Business Participant”) and intends to enter Referrals by virtue of its access to residents of a multiple dwelling unit property (“MDU”), the MDU may not be the subject of a marketing or promotional agreement with Company or any other provider of voice, video, and data services (i.e., a MDU with such an agreement in place can only have their employees enroll as individual Participants).
  3. Individual Participants are solely responsible, and shall be liable to Company for failing, to obtain employer consent for participation in the Program before enrolling in the Program.
  4. Individual Participants and those entering Referrals on behalf of a Business Participant will avoid any conduct or action that conflicts or appears to conflict with honest, ethical conduct, will not engage in any activity that may be detrimental to Company’s interest, reputation, or goodwill, and must act in accordance with and not violate this Agreement or Company policies or rules.
  5. Company may declare any Participant ineligible at any time and terminate the Participant’s enrollment in the Program.
  6. Master agent, subagent, or indirect sales representatives of Company are excluded from eligibility.
  7. Residents of a Company employee’s household or immediate family members (meaning spouses, parents, siblings and children) of Company employees are excluded.
  8. Past Company employees within ninety (90) days of last day of employment are excluded from eligibility.

Enrollment Process
  1. Participants must enroll online at refer.quantumfiber.com
  2. Eligible Participants must provide complete and accurate information on the Enrollment form including: Authorized/Sponsoring Company Representative, name (of authorized individual to whom communications are to be directed), address (of where Rewards are to be mailed), with Unit # where applicable, phone number, email address, or Property Name (where applicable).
  3. Business Participants must also provide the business name (which must exactly match the business name on Tax ID to which the Reward will be paid), accurate description of the entity (sole proprietor, partnership, trust, corporation, etc.), and provide the name of the individual authorized by a Business Participant to act on its behalf in connection with the Program and to whom communications about the Program may be directed. That individual and others entering Referrals on behalf of a Business Participant must be over the age of 18.
  4. Rewards totaling over $600 will be withheld until a W–9 form is completed. A valid W–9 form must be completed within the calendar year of participation or Rewards earned during this period will be forfeited. Business Participants W–9 form will require an accurate identification number (the identification number is the Federal ID Number used to file federal income tax returns for the business). A Business Participant’s business name used in the Program must exactly match the Business Participant’s Tax ID business name. Individual Participants will complete a W–9 form with an accurate Social Security Number used to file federal income tax returns for the individual. Individual Participant’s name used to enroll must exactly match the individual’s name tied to the Social Security Number. See “Rewards and Redemption” section for more details on award type and tax implications.
  5. Participants may only have one active account at a time. Participants may change their enrollment type (i.e., from an individual Participant to a Business Participant or from a Business Participant to an individual Participant) during the calendar year only if the Participant has not yet received any Reward payouts in that calendar year. Participants are responsible for enrolling under the correct enrollment type and a Participant forfeits all associated Rewards for Referrals created under the incorrect enrollment type. Incorrect enrollment account will be closed by Referral Program Management.
  6. Upon Enrollment completion, the Participant will be assigned a unique Referral ID. The Referral ID will be used to identify Referrals back to the Participant.

Qualified Referrals
  1. The referred Customer must be the individual or entity responsible for the account, and/or decision maker.
  2. Participant is responsible for attaining the referred Customer’s express consent for the Participant to submit the Referral to Company and consent to be contacted by a Sales Agent.
  3. Only the Participant who receives the referred Customer’s express consent may submit the Referral. Referrals may not be split between or among Participants.
  4. A “Qualified Referral” is further defined to mean a Referral of a Qualifying Product or Service as defined by Company, in its sole discretion and:
    1. Is not otherwise included on the referred customer’s Company account at the time of the Referral creation;
    2. Referral of a current customer transferring existing service resulting in no increase to net monthly revenue;
    3. Results in a net monthly revenue increase to Company;
    4. Has not been ordered and cancelled prior to full order completion;
    5. Is active and bills on the referred Customer’s account at the time of the accuracy check. Upon review of the Referral by Program Management, the order for Company Qualifying service must not be removed from the Customer’s account within 30 days from the order date and the account must be in good standing; and
    6. Results from an order placed by an authorized Sales Agent.

Invalid Referrals Any of the following are not Qualified Referrals and will not be eligible for Rewards:
  1. The referred Customer is or was a customer of the qualifying Service within 90 days of the date of the Referral;
  2. The Referral results in a decrease of the amount due on the Customer’s monthly Company invoice;
  3. Another Referral for the same Customer was already awarded out to Participant in the past 90 days;
  4. Service is to be retained for less than 30 days;
  5. Billing corrections, corrections to Service orders, requests for repair, or any other contact or assistance that does not involve the provision and sale of a new or additional Service;
  6. Referrals of: business entities of any type, official company service (OCS) orders for Company owned and operated facilities, political campaigns, parties or organizations, and Company employees or others where the Services are provided by Company under a bulk billing service agreement, company concession or promotional plan, or gratis services;
  7. Results from an order placed outside of the Sales Team; or
  8. Other Referrals as deemed invalid by Company, in its sole discretion.

Referral Process Requirements (MDU Participants only – Residential Referrals)
  1. Participant is responsible for choosing the most appropriate way to have a Referral worked within the existing creation options. Participant should choose only one (1) of the following submission methods per Customer:
    1. Submitting a Referral at refer.quantumfiber.com;
    2. Sharing the unique ordering link provided to participant by an authorized Company Representative.
    3. Instructing customer to visit refer.quantumfiber.com and providing participants unique referral ID in the referral field during the order flow.
    4. Calling the Referral Sales Team (at the number provided by the local assigned Company Representative); or
    5. Providing the referred Customer with a Company approved referral flyer with the Participant’s Referral ID. The referred Customer must reference the referral ID when placing an Order with an authorized Sales Agent for the referral to be associated with the order.
  2. In cases where option A above is used, the Customer will be contacted by a Sales Agent to finalize each and every sale of a Service by explaining, as appropriate, the functions, features, price, etc., to the Customer prior to issuing the order. The Sales Agent will make up to two (2) attempts to contact the customer. The Customer must provide consent to the Sales Agent for the order and agree to all terms and conditions associated with the Service, and provide all other information and approvals required by Company to complete the order and sale of Service. All orders associated with Qualified Referrals must be written by the authorized Sales Agent.
  3. Participants who create a Qualified Referral are eligible for Rewards once the referred Customer has placed an order for qualified services through the authorized Sales Agent and the referred Customer has received Service(s) and the account is active and in good standing at the time the referral is reviewed for completion by Program Management.
  4. Referral must be closed as sold by a Sales Agent within thirty (30) calendar days of the order application date. Referrals closed as sold after the thirty (30) calendar days of the order application date will not be eligible for Rewards and will be closed as “no Reward.”

Marketing
  1. Outbound telemarketing and door-to-door sales by Participants are strictly prohibited. Company reserves the right to add other tactics to this restricted list at any time in its sole discretion. If Company adds other tactics, it will make reasonable efforts to notify Participants of such changes and will have no liability or obligation to provide rewards for any Referrals after the effective date of such changes.
  2. Only Company-approved promotional collateral and information (collectively, “Approved Collateral”) may be used in creating a Referral. Participants shall make no representations or warranties relating to the Services, availability, or pricing except as set forth in the Approved Collateral.
  3. Participants may generally discuss Services, but may never make representations, claims, offers or otherwise characterize any Service, term, condition, tariff, price list, discounts or other matters, except as expressly described and stated in Approved Collateral.
  4. Prospective Customers must be advised by a Sales Agent prior to an order being placed about the actual performance, price or other matters affecting a Service.

Program Guidelines and Interpretation
  1. Questions regarding this Agreement and its interpretation or any Program disputes should be directed to ccrp.support@centurylink.com.
  2. Company reserves the right to limit the maximum Reward issued to any Participant in the Program.
  3. Two open Referrals for the same account or telephone number and for the same Service will be considered Duplicate Referrals. In the case of a Duplicate Referral, the first-received Referral will receive the Reward, if applicable.
  4. Referrals cannot be split between or among Participants.
  5. The actions, resolutions, and determinations of Company are final and cannot be appealed.

Rewards and Redemption
  1. Company agrees to pay Participants for a Qualified Referral accepted by a designated Sales Agent, after a sales agreement is made between the Customer and the Referral Team Sales Agent and Service(s) are installed and operational, with the account in good credit standing, at the time the Referral is reviewed for completion by Program Management. Reward amounts will be determined by Company in its sole discretion and are subject to change without notice.
  2. Individual Participants will be mailed a VISA Reward card upon their first Reward payout. Subsequent Rewards will be automatically added to the VISA card in accordance with the payout timeline listed below. The VISA card is issued in the individual Participant’s name which must match the individual’s social security number provided at the time of Enrollment.
  3. Business Participants will receive rewards via a Visa reward card. The reward card will be mailed within 4-6 weeks and processed after the first successful closed sale. Subsequent rewards will be automatically added to the Visa card in accordance with the payout timeline listed below. The reward card will be registered in the name of the business account update.
  4. All Participants are responsible for notifying their assigned Company representative or by using the Quick Connect form on refer.quantumfiber.com to report any address changes during the duration of their participation and prior to Reward distribution. Program Management is not responsible for any lost Rewards cards or checks.
  5. Rewards are distributed twice a month, generally on or around the 1st and 15th of the month. Generally, Qualified Referral orders which complete review from the 1st to the 15th of a month are paid on or about the 5th of the following month. Qualified Referral orders that complete review on the 16th to the end of a month are paid on or about the 20th of the following month.
  6. Participant’s use of funds or other consideration loaded onto the VISA Rewards card is subject to all terms and conditions of the applicable cardholder agreement that applies to the Reward card. Refer to that Cardholder Agreement or the Program website for the applicable terms and conditions. Should Reward cards become lost or stolen, Participant should contact Cardholder Customer Service at 1 (877) 227–0956 immediately. Participants who do not have Referral activity within the twelve months preceding the expiration date on the front of the card or leave the Program must spend the balance on their Rewards cards by the expiration date on the front of the card. Company and its affiliated companies are not liable for products or services acquired using the Rewards card. By receipt of any awarded merchandise or travel, the Participant agrees to release and hold harmless Company and its affiliated companies from liability and damage resulting from malfunction, injury, death, loss or any other liability that may arise from that Participant’s use of merchandise or travel awards purchased using the Rewards card. For each Participant, a transaction summary is generated and available online at the card holder website during which Qualified Referral activity occurs that describes how much value has been added to the Rewards card.
  7. The value of a Reward made pursuant to the Program may be subject to federal and state income taxes. Participants are responsible for all applicable taxes. A 1099-MISC will be issued to all Participants earning an annual, cumulative amount of $600 or more through this Program.
  8. Company, acting through Program Management, will make all decisions regarding Reward eligibility and issuance. Program Management is the sole judge in interpreting all provisions, rules, qualifications, awards and any disputes that may arise in the operation of the Program. All of these decisions are final and cannot be appealed. No contract rights are created by the existence of or participation in the Program.
  9. All Approved Collateral provided by Company, and Company’s (or the appropriate Company affiliate’s) name, trademarks, service marks, label designs, product identifications, artwork, and other symbols and devices associated with this Agreement (collectively, the “Company Marks”) are and will remain the property of Company. You are authorized to use the Approved Collateral and Company Marks as described by Company and only with Company’s prior written approval. Your use of the Approval Collateral and the Company Marks is non-exclusive, non-sublicensable, non-assignable, and non-transferable. Your uses of the Approved Collateral and the Company Marks inure solely to the benefit of Company, and no other use is permitted. Company will have the right to use the name, marks, and trade designations for any Business Participant in the Program for the duration of that Business Participant’s participation in the Program in order to communicate its association with the Business Participant. You shall not issue any press release or make any other public announcement regarding this Agreement or any relation between you and Company.

Term and Termination

The Agreement term will begin on the date you complete the registration process for the Program and will continue until either you or Company terminates the relationship as described in this Agreement. Company reserves the right, in its sole discretion and without notice, at any time and for any reason, to: (a) remove or disable access to all or any portion of the Program; (b) modify or discontinue the Program; (c) suspend your access to use of all or any portion of the Program; and (d) terminate this Agreement.
Limitation of Liability

Company shall have no liability to you for rewards, payments, or commissions that might have been earned hereunder but for the inability or failure of Company to provide Services to any Customer or in the event of discontinuation or modification of the Services. COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES IN ANY CAUSE OF ACTION, WHETHER IN CONTRACT OR TORT, AND WHETHER OR NOT THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR PARTICIPATION IN THE PROGRAM AND TERMINATE THIS AGREEMENT.
Indemnification

You agree to defend, indemnify and hold harmless Company, its parent, subsidiaries, and affiliates and their respective directors, officers, employees, agents and their successors from all third-party claims, losses, liabilities, costs, or expenses, including reasonable attorneys’ fees, arising from or related to (a) this Agreement and (b) your participation in the Program.
Representations and Warranties

You represent and warrant to Company that: (a) you are over the age of eighteen (18) and have the power and authority to enter into and perform your obligations under this Agreement, including authority to act on behalf of a Business Participant, if applicable; (b) entering into this Agreement will not place you in breach or default of any other agreement to which you are a party; (c) you shall comply with all terms and conditions of this Agreement; (d) you will conduct yourself in a professional manner and will not make any false, misleading or disparaging statements regarding any Company competitor or any other individual or organization as it relates to any activity associated with the Program; and (e) you have provided accurate and complete registration information, including your legal name, address and telephone number.
Confidentiality

During the term of this Agreement and after termination or expiration of this Agreement, you shall not disclose information concerning the terms of this Agreement, Company technology, business affairs, trade secrets, price lists, business plans, data, research, and marketing or sales plans, or any other information related to Company (collectively, “Company Confidential Information”). Company Confidential Information is the exclusive property of Company and may be used by you solely in the performance of your obligations under this Agreement. You agree that if monetary damages for breach of this Section are not adequate, Company shall be entitled to injunctive relief with respect to such breach, and you will not raise the defense of an adequate remedy at law. This Section and all obligations contained therein shall survive any termination of the Agreement.
Miscellaneous

You and Company agree that there is no employer-employee relationship, joint venture, partnership or agency created by this Agreement. You have no authority to act for, or on behalf of Company and are not authorized to bind Company in any manner whatsoever. Neither you nor Company shall be liable for loss or damage or deemed to be in breach of this Agreement if the failure to perform an obligation results from (a) compliance with any law, ruling, order, regulation, requirement of any federal, state or municipal government or department or agency thereof or court of competent jurisdiction; (b) acts of God or any other cause beyond that party’s reasonable control including a nationwide/worldwide pandemic; (c) acts or omissions of the other party; or (d) fires, strikes, war, terrorism, labor disputes, insurrection or riot. The terms and conditions of this Agreement are applicable to the Program only and do not supersede the terms and conditions in any Master Representative Agreement, or similar agreement between you and Company. No provision of this Agreement which may be deemed unenforceable shall in any way invalidate any other provisions of this Agreement, all of which shall remain in full force and effect. You may not assign this Agreement without the written consent of Company, and the Agreement only may be amended by a writing signed by both parties.
Dispute Resolution
  1. This Agreement shall be governed by the laws of the State of Colorado, regardless of its conflict of law’s provisions, and constitutes the entire Agreement between you and Company with respect to the subject matter hereof.
  2. Before filing or commencing any lawsuit, claim, or action in any court, you must first present any claim or dispute to Company in writing in a manner reasonably sufficient to allow Company a fair and adequate opportunity to resolve the dispute without litigation (“Notice of Claim”) that must include your applicable Program account information; a reasonable description of the facts underlying the claim or dispute, including relevant dates; an estimate of any damages and how they were calculated; description of any other relief sought,; and all supporting documentation related to the claim. Any Notice of Claim must be on your own behalf and shall not be made on a class, representative, mass, collective, consolidated, or coordinated basis. Any Notice of Claim shall be emailed to legalaffairs@lumen.com or mailed to Lumen Technologies, Attn: Litigation Department, 931 14th Street, Suite 900, Denver, CO 80202. THESE PRE-FILING REQUIREMENTS ARE MATERIAL TERMS OF THIS AGREEMENT PROVIDING YOU AND COMPANY WITH SUBSTANTIVE, NOT MERELY PROCEDURAL, RIGHTS. YOUR FAILURE TO ABIDE BY THEM MAY BE GROUNDS FOR DISMISSAL OF ANY LAWSUIT.
  3. If the parties are unable to resolve a dispute through informal means, you and Company agree to waive any right to pursue any disputes and claims on a class, representative, mass, collective, consolidated, or coordinated basis. Both you and Company waive the right to a jury trial on your individual claims.