Comcast Business Customer Referral Program Terms and Conditions

 

1.     These Comcast Business Customer Referral Program Terms and Conditions (these “Terms”) apply to Advocates (as defined below) participating in the Comcast Business Customer Referral Program (the “Program”). These Terms have been revised and are effective as of December 22, 2021.

 

2.     Under the Program, an existing Comcast Business customer (“Advocate”) may be eligible to receive a one-time reward (a “Reward”)  for each referral of a prospective Comcast Business customer (“Referred Customer”) within the Comcast territory, described as Comcast’s serviceable areas (the “Territory”) that subscribes to an Eligible Service (defined below) in accordance with these Terms, up to an annual amount of $10,000 for Rewards, in the aggregate, per Contract Year. A “Contract Year” shall commence on December 22 of a given year and continue until the end of December 21 of the following year. Each Reward, to the extent earned in accordance with these Terms, shall equal the greater of (i) one month’s monthly recurring charge for the Eligible Service that was the subject of the referral for the Referred Customer (such monthly recurring charge shall not include any equipment or installation charges, use fees, surcharges or taxes or any other “pass through” fees associated with the Eligible Services), or (ii) $100. The Reward will be provided as a credit on the Advocate’s Comcast Business account only after the Referred Customer’s Eligible Service (defined below) installation date and corresponding 30-day service period (further described below) has been completed.

 

3.     In order to be eligible to participate in the Program and earn a Reward, the Advocate:

(a)          Must be a current Comcast Business customer and have a Comcast Business account in good standing;

(b)          Must electronically agree to these Terms;

(c)          Must submit all referrals through the Advocate’s Comcast sales representative or the Program’s online referral submission portal located at https://www.comcastbizleads.com/CustomerReferral/CreateCustomerReferral (as the same may be updated by Comcast from time to time) (the “Portal”);

(d)          Must provide all of the required information regarding the Referred Customer, including, but not limited to the Referred Customer’s name and contact information either to the assigned Comcast sales representative or through the Portal;

 

(e)          Shall not have any affiliation with or financial interest in the Referred Customer (including but not limited to being an employee or owner of the Referred Customer or having a family member that is an employee or owner of such Referred Customer);

 

(f)           Shall not have any affiliation, whether familiar or otherwise, with any Comcast employee;

 

(g)          Shall not offer or provide any additional incentive and/or promotion, financial or otherwise, to the Referred Customer to encourage the Referred Customer to subscribe to any Eligible Services;

 

(h)          Shall not be a current participant or beneficiary of any other Comcast referral program or any Comcast indirect sales channel associated with Comcast Business customers, regardless of whether the Advocate is the contracting entity under such other programs or channels or personnel under such contracting entity; and

 

(i)            Shall not accept any referrals or leads for potential Referred Customers (i) from

Comcast sales representatives or other Comcast personnel, and/or (ii) sales lists, lead generation lists, or other referral lists.

 

4.     In order for the Advocate to receive a Reward, the Referred Customer must meet the following requirements:

(a)          The Referred Customer must either (i) not have been a Comcast Business customer within one hundred and twenty (120) days preceding the date that Advocate submits a referral for the Referred Customer (a “New Comcast Business Customer”) or (ii) be an existing Comcast Business customer that completes an Eligible Service Addition (defined below) (an “Eligible Existing Comcast Business Customer”);

(b)          For referrals of a New Comcast Business Customer, the Referred Customer must sign at least a one (1) year minimum term agreement for an Eligible Service. Comcast must install such Eligible Service(s) within twelve (12) months from the date that the Advocate submits the referral to Comcast and the Referred Customer must have an account in good standing;

(c)          For referrals of an Eligible Existing Comcast Business Customer, the Referred Customer must sign at least a one (1) year service agreement with Comcast Business for one or more Eligible Services from a different Line of Service (defined below) than the services that the Eligible Existing Comcast Business Customer was receiving at the time of the referral or add an Eligible Service from an existing Line of Service at a new business location (each referred to as an “Eligible Service Addition”). Comcast must install such Eligible Service(s) within twelve (12) months from the date that the Advocate submits the referral to Comcast and the Referred Customer must have an account in good standing. For purposes of this Section, the following are the Comcast Business “Lines of Service”:

 

•            Basic Voice Line of Service – Comcast Business Voice

•            Advanced Voice Line of Service - Business VoiceEdge, VoiceEdge Select, SIP Trunks and PRI Trunks;

•            Internet Connectivity Line of Service – Comcast Business Internet;

•            Ethernet Line of Service – Comcast Business Ethernet Dedicated Internet and Ethernet Transport Services (including intrastate ethernet transport services); 

•            Mobile Line of Service – Comcast Business Mobile*;

•            Software-Defined Networking Line of Service Delivered on Active Core SDN Platform – Comcast Business SD-WAN;

•            Video Line of Service – Comcast Business Video Service, excluding Hospitality Video Service and enhancements/additions to existing Comcast Business Video Services;

•            Video Monitoring Line of Service – Comcast Business SmartOffice™**; and

•            Ancillary Services Line of Service – Type 2 Access (Off-Net shared connectivity service) and SecurityEdge***

 

*This service is not eligible for referrals of Referred Customers with Service Locations in the following states: California, Texas, Oregon, Washington, Minnesota, Kansas, Wisconsin, Arizona, Colorado, Idaho, New Mexico and Utah.

 

** This service is subject to heightened regulatory requirements.  It is not a security service and does not include professional monitoring.  Advocate is prohibited from (i) conducting any advertising or marketing campaigns (including, but not limited to, telemarketing, e-mail, radio, television or print advertising, for the Eligible Services) related to any Comcast services, and (ii) using the “Comcast” name or any Comcast service or trademark, including without limitation, the “SmartOffice™” name or mark.

 

*** These Ancillary Services may be included in a referral submission only in the following circumstances: (i) when simultaneously referring other new Eligible Services, which must include, at a minimum, either the Internet Connectivity Line of Service or the Ethernet Line of Service, for a New Comcast Business Customer, (ii) when simultaneously referring other Eligible Service Additions for an Eligible Existing Comcast Business Customer that currently is receiving either an Internet Connectivity Line of Service or Ethernet Line of Service, or (iii) as a separate, standalone referral for an Eligible Existing Comcast Business Customer that is currently receiving either an Internet Connectivity Line of Service or Ethernet Line of Service.  For the avoidance of doubt, an Ancillary Service may not be submitted as a standalone referral for a New Comcast Business Customer.

(d)          The Eligible Service(s) must be installed and active within one hundred eighty (180) days from the first time that Comcast Business contacts the Referred Customer regarding the referral, and must continue receiving such Eligible Service(s) for at least thirty (30) consecutive days following the date of installation and activation. For purposes of these Terms, the following Comcast Business Services shall be eligible for Rewards: Comcast Business Voice (including basic and full featured voice lines); Business VoiceEdge; VoiceEdge Select; SIP Trunks; PRI Trunks; Comcast Business Internet; Ethernet Dedicated Internet (EDI); Comcast Business Ethernet Transport Services (including intrastate ethernet transport services); Comcast Business Mobile*; Comcast Business SD-WAN; Comcast Business Video Service, excluding Hospitality Video Service and enhancements/additions to existing Comcast Business Video Services; Comcast Business SmartOffice™**; Type 2 Access (Off-Net shared connectivity service) and Security Edge*** (each an “Eligible Service” and collectively, the “Eligible Services”);

 

(e)          The Service Location (as defined below) must be within the Territory;

 

(f)           The Referred Customer must be accepted by Comcast (i.e., meet applicable credit, serviceability, and equipment requirements); and

 

(g)          The Referred Customer must not have terminated (i.e., “deactivated”) any Comcast Business Service on more than two (2) previous occasions.

 

5.     No Reward shall be payable for any transfers of current Comcast Business customer accounts and/or existing Comcast Business Lines of Service from one or more existing Service Locations to one or more new Service Locations or Upgrades to existing Comcast Business services. For purposes of these Terms, “Service Location” means the Referred Customer location receiving the Eligible Services and “Upgrades” shall mean changing from one Eligible Service within a Comcast Business Line of Service to another Eligible Service within the same Comcast Business Line of Service (e.g., changing the type of Comcast Business Internet service for another type of Comcast Business Internet service) or upgrading a performance tier of an Eligible Service.

 

6.     In order to be eligible for a Reward, the Eligible Service must be installed at all Service Locations, with equipment meeting Comcast’s specifications, and under Comcast’s standard service agreement(s), and the Referred Customer must satisfy the requirements set forth herein.

 

7.     No Reward shall be payable for any restarts of customer accounts less than thirty (30) days from the date that the account was disconnected.

 

8.     No Reward shall be payable to the Advocate if a Comcast sales representative that is a family member of the Advocate is also entitled to a commission or other similar form of compensation related to the sale of the Eligible Service to the Referred Customer. For purposes of the Program, “family member” includes, among other familial relationships, spouse, domestic partner, parent, step-parent, grandparent, step-grandparent, sibling, step- sibling, step-parent of a spouse or domestic partner, child, step-child, grandchild, step- grandchild, guardian, niece, nephew, cousin, uncle, aunt or in-law of any of the above.

 

9.     The referral for the Referred Customer must be submitted by Advocate prior to any sales activity by any Comcast Sales Representative or other referral source with regard to the Eligible Services for such Referred Customer. Only one (1) Reward will be issued for a qualified Referred Customer who activate(s) and/or installs multiple Eligible Services at one (1) or more locations as a result of a referral. If multiple referrals are received for the same Referred Customer, whether through the Program or another Comcast Business referral program, only one (1) Reward may be provided for the Referred Customer based on the party that first provided the referral, as determined by Comcast in its sole discretion.

 

10.  Advocate and Advocate’s employees and agents shall not be a party to, nor a business contact on, any customer agreement that Comcast may enter into with a Referred Customer or represent itself as the Referred Customer contact in any referral. In the event that Advocate or any of Advocate’s employees or agents: (i) submits a referral that lists Advocate or any of Advocate’s employees or agents as the contracting party or business contact, (ii) is listed as a business contact on a Comcast customer agreement with a Referred Customer or (iii) executes a Comcast customer agreement with a Referred Customer on behalf of such Referred Customer, Comcast may, in its sole and absolute discretion, (A) reject the referral submitted by such Advocate, thereby forfeiting any Reward and/or (B) remove Advocate from the Program.

 

11.  Advocate agrees to provide written notification of all disputes it may have regarding unpaid Rewards within thirty (30) days of the date such Reward is earned or claimed to be earned and any dispute for which Advocate does not provide such notification shall be deemed waived. Reasonable delay in paying Rewards disputed in good faith, shall not constitute a breach of these Terms.

 

12.  Advocate shall have no right or obligation to bill or collect from any Comcast customer or Referred Customer any fees or charges for the Eligible Services. Advocate understands and agrees that Comcast will set the terms, conditions and prices for the Services and that Advocate shall not imply or represent anything to the contrary to any person or entity, including, but not limited to, any Referred Customer. Advocate shall not make any representations or warranties or use any materials or provide any information regarding the Services that have not been provided by or expressly approved in writing by Comcast.

 

13.  Advocate shall comply with all applicable federal, state, county, and local laws, rules and regulations. Advocate shall indemnify, defend and hold harmless Comcast and its parents, affiliates and subsidiaries, and its and their directors, officers, employees, agents and/or assignees against any liability from any third-party claims, actions, causes of actions or demands arising out of (i) the conduct of Advocate’s business, including without limitation, with respect to any disputes between customer(s) or Referred Customers; and (ii) Advocate’s breach or violation of any representation, warranty, covenant or any other terms of these Terms.

 

14.  Confidentiality.

 

(a)          Confidential Information means all business and technical information, including but not limited to technical, marketing, financial, employee, business customers, planning, vendor information, business or product plans, network information of Comcast which is non- public, confidential or proprietary. Confidential Information may be written, oral, expressed in electronic media or otherwise disclosed, and may be tangible or intangible. Advocate will hold in confidence and not disclose to others any Confidential Information of Comcast without the prior written consent of a duly authorized representative of Comcast. Confidential Information disclosed under this Agreement will be used only by Advocate to perform its obligations hereunder. Advocate agrees that during and after the term of this Agreement, neither Advocate receiving Confidential Information hereunder nor any person, firm, corporation or other entity affiliated with, owned in whole or in part by, employed by or otherwise connected with Advocate, shall directly or indirectly, without the express written consent of Comcast, divulge, use, sell, exchange, furnish, give away, or transfer in any way any Confidential Information (as hereinafter defined) of Comcast. The provisions of this Section shall survive the expiration or termination of this Agreement.

(b)          The obligations of confidentiality contained in this Section shall not apply to  any information that: (i) was already known to Advocate, other than under any obligation of confidentiality, at the time of disclosure by the other party; (ii) was or becomes generally available to the public or otherwise part of the public domain other than through any act or omission of Advocate in breach of this Agreement; (iii) was disclosed to Advocate, other than under an obligation of confidentiality, by a third party who had no obligation to the other party not to disclose such information to others; (iv) is independently developed by Advocate; or (v) is required to be disclosed under operation of law or governmental process. In the event Advocate is required to disclose Comcast’s Confidential Information under operation of law or government process, Advocate shall provide Comcast with reasonable advance notice prior to such disclosure.

(c)          Advocate will adhere to any retention limits set and communicated by Comcast, unless required to do otherwise by applicable law or legal obligation and in such instances, Advocate will not use or disclose the information for any other purpose.

 

15.  Notwithstanding anything in this Agreement to the contrary, Advocate hereby acknowledges that personal information (“PI”) relating to Referred Customers of the Services is subject to the subscriber privacy protections set forth in Section 631 of the Cable Communications Policy Act of 1984, as amended (47 U.S.C. Section 551). To the extent that Comcast discloses any such PI to Advocate, it does so in recognition of the services being provided by Advocate hereunder and in furtherance of Comcast’s legitimate business activities related to such services. Advocate hereby agrees that it shall use such information solely for the purposes of this Agreement, will not sell (as defined by the Privacy Laws) to third parties and will restrict disclosure of PII to those employees with a need to know and shall not further disclose such information to any third party. Advocate shall not use PII of any Referred Customer for any other purposes, including without limitation, to market Advocate’s products and services, unless first approved in writing by such Referred Customer. Advocate hereby acknowledges that the breach by Advocate of any of its obligations under this Section cannot be reasonably or adequately compensated in damages in any action at law and that a breach of this provision by Advocate will cause Comcast irreparable harm. Advocate agrees that in the event of a breach or threatened breach of this provision, Comcast shall be entitled to injunctive and other equitable relief. The provisions of this Section shall survive the expiration or termination of this Agreement. “Privacy Laws” means all applicable laws, rules, regulations, decrees, or other enactments, orders, mandates, or resolutions relating to privacy, data security, and/or data protection, and any implementing, derivative or related legislation, rule, and regulation as amended, extended, repealed and replaced, or re-enacted, as well as any applicable industry self-regulatory programs (including the Digital Advertising Alliance Self-Regulatory Principles) related to the collection, use, disclosure, and security of PI.

 

16.  Advocate shall employ commercially reasonable physical, administrative, and technical security controls appropriately tailored to the nature and scope of its activities and the sensitivity of the underlying data which shall in no instance be less protective than those used by the Advocate to secure and retain the confidentiality of its own information of a like kind and in all instances will conform to any legal requirements and regulatory guidance applicable to the types of data being transferred.

 

17.  Advocate agrees that it shall not conduct any advertising or marketing campaigns, including, but not limited to, telemarketing, e-mail, radio, television or print advertising, in order to generate referrals for the Program and instead the Program is only intended for existing Comcast Business customers to refer businesses that they already know and who have expressed an interest in products or services provided by Comcast Business. Advocates are also prohibited from using the “Comcast” name or any Comcast service or trademark, including without limitation, the “SmartOffice” name or mark. The restrictions in this paragraph apply to all of the Comcast services included in the Program, with particular emphasis on referrals for Comcast Business SmartOffice™ due to the heightened regulatory requirements that apply to this service. Advocates may not work with Comcast sales representatives who are family members.

18.  Rewards may not be combined with other referral awards or similar programs.

 

19.  The Program is void in all areas where prohibited.

 

20.  Comcast reserves the right to change the Reward(s) and eligibility criteria under the Program and to alter, modify, suspend or terminate the Program or any component thereof at any time upon thirty (30) days prior notice, which notice may be made by the Advocate’s Comcast sales representative, any Program promotional terms and conditions, or posting revisions on the landing page of the Portal, or if terminated, posting a notice on the Portal that the Program is terminated, or through such other notification methods as determined by Comcast in its sole discretion.

 

21.  Comcast’s tracking of installations and payments by the Referred Customer shall determine when a Reward is owed.

 

22.  Any referrals for local, municipal, state or federal government entities or referrals for entities who currently receive or are eligible to receive services under the E-Rate program are not included and/or eligible for any Reward under the Program.

 

23.  Comcast reserves the right to monitor all Program activity and to withhold payment of any Reward(s) if Comcast believes, in its sole discretion, that any Reward(s) were paid to Advocate where the referral did not comply with these Terms.

 

24.  Comcast reserves the right to interpret these Terms in its sole and absolute discretion.

 

 

By clicking the “I Agree” button below, you are agreeing and accepting these Terms.

 

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