Comcast Business Customer Referral Program

Terms and Conditions

 

1.       These Comcast Business Customer Referral Program Terms and Conditions (these “Terms”) are made and entered into by and between Advocate (as defined below) who agrees to participate in the Comcast Business Customer Referral Program (the “Program”) and accepts these Terms by clicking the “I Agree” button below, and Comcast Cable Communications Management, LLC on behalf of itself and its current and future affiliates (“Comcast” or “Comcast Business”). These Terms have been revised and are effective as of June 2, 2023.

 

2.       Under the Program, an existing Comcast Business customer (each, an “Advocate”) may be eligible (subject to all of the terms and conditions set forth in these Terms) to receive a one-time reward equal to the greater of (a) one (1) month’s monthly recurring charge for the Eligible Service (as defined in below) that was the subject of the referral for the Referred Customer (as defined herein) (such monthly recurring charge shall not include any installation charges, use fees, surcharges or taxes or any other “pass through” fees associated with the Eligible Services), or (b) $100 (each, a “Reward” and collectively, “Rewards”) 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 in accordance with these Terms, up to an annual amount of $10,000 for Rewards, in the aggregate, per Contract Year (as defined herein). A “Contract Year” shall commence on December 22 of a given year and continue until the end of December 21 of the following year. The Reward will be provided as a credit on the Advocate’s Comcast Business account only after the Referred Customer’s Eligible Service installation date and corresponding 30-day service period (further described below) has been completed. Advocate’s submission of a referral of a Referred Customer through the process described in Section 3(a) below or through such other process as may be designated by Comcast from time to time shall be referred to herein as a “Referral”. The Rewards shall be the full and total compensation due to Advocate under these Terms.

 

3.       Responsibilities of Advocate.

(a)          Advocate 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”). Advocate agrees that it shall submit Referrals only based upon a request for Eligible Services made from a Referred Customer to Advocate.

(b)          Advocate must be a current Comcast Business customer and have a Comcast Business account in good standing.

(c)          Advocate must electronically agree to these Terms.

(d)          Advocate 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)          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.

 

(f)           Advocate understands and agrees that it shall not conduct any advertising or marketing campaigns, including, but not limited to, telemarketing, e-mail, radio, television or print advertising, for the Eligible Services.

 

(g)          Advocate understands and agrees that Comcast, in its sole and exclusive discretion, will set the terms, conditions and prices for the Eligible 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 Eligible Services that have not been provided by or expressly approved in writing by Comcast.

 

(h)          Advocate shall not accept or submit any Referrals or leads for potential Referred Customers from (i) Comcast sales representatives or other Comcast personnel, or (ii) sales lists, lead generation lists, or other referral lists.

 

(i)           Advocate must not have been a Comcast employee within the twelve (12) month period prior to the submission of a Referral and shall not have any affiliation, whether familial or otherwise, with any Comcast employee.

 

(j)           Neither Advocate nor any of Advocate’s employees or agents shall be a party to, or 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) terminate the relationship hereunder with Advocate.

 

(k)          Advocate shall not offer or provide any additional incentive and/or promotion, financial or otherwise, to any Referred Customer to encourage a Referred Customer to subscribe to any Eligible Services.

 

(l)           Advocate 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).

 

(m)        Advocate shall not be a current participant or beneficiary of any other Comcast Business 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.

 

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

(a)          The Referral for the Referred Customer must be submitted by Advocate in accordance with Section 3(a) prior to any sales activity by any Comcast sales representative or other referral source with regard to the Referred Customer. If multiple referrals are received for the same Referred Customer, whether through the Program or another Comcast Business referral program, only one (1) Reward will be provided for the Referred Customer based on the party that first provided the referral, as determined by Comcast in its sole discretion;

(b)          The Referred Customer must 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;

(c)          The Referred Customer must sign at least a one (1) year minimum term agreement with Comcast Business for one or more of the following Comcast Business Services: Comcast Business Voice (including basic and full featured voice lines), Business VoiceEdge, SIP Trunks, PRI Trunks, Comcast Business Internet, Comcast Business Mobile*, Comcast Business Video (excluding Comcast Business Hospitality Video Service and enhancements/additions to existing Comcast Business Video Services), Comcast Business Ethernet Dedicated Internet, Comcast Business Ethernet Transport Services (including intrastate ethernet transport services), Comcast Business SD-WAN, Type 2 Access (Off-Net shared connectivity service)** and SecurityEdge™** (each an “Eligible Service” and collectively, the “Eligible Services”)

         * The Comcast Business Mobile service may be included in a Referral submission only when simultaneously referring Comcast Business Internet. Additionally, Advocate cannot refer, and a Referred Customer cannot contract for, more than twenty (20) lines of Comcast Business Mobile service at a Referred Customer location within the Territory (a “Service Location”).

** These ancillary services may be included in a Referral submission only when simultaneously referring other Eligible Services, which must include, at a minimum: (i) Comcast Business Internet or (ii) either Ethernet Dedicated Internet (EDI) or Comcast Business Ethernet Transport Services (including intrastate ethernet transport services);

 

(d)          The Service Location for the Referred Customer must be within the Territory;

 

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

 

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

 

(g)          Referred Customer must have an account in good standing at least thirty (30) days after the Eligible Services have been installed by Comcast; and

 

(h)          Any Referral for a municipal, local, state or federal government entity or E-Rate customer will not be eligible for Reward.

 

5.       In order to be eligible for a Reward, the Eligible Service must be installed at the Service Location(s) within eighteen (18) months from the date that the Advocate submits the Referral to Comcast, with equipment meeting Comcast’s specifications, and under Comcast’s standard service agreement(s), and the Advocate must satisfy the requirements set forth herein.

 

6.       No Reward shall be payable to Advocate:

 

(a)          (i) for any transfers or moves 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 (ii) Upgrades to existing Comcast Business services. For purposes of these Terms, “Upgrades” means changing from one Eligible Service within a 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;

 

(b)          For any restarts of customer accounts less than thirty (30) days from the date that the account was disconnected;

 

(c)          If a Comcast sales representative that is a family member of the Advocate is also entitled to a Reward or other similar form of compensation related to the sale of the Eligible Service to the Referred Customer. For purposes of these Terms, “family member” includes 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; or

 

(d)          For any accepted or submitted any Referrals or leads for potential Referred Customers from (i) Comcast sales representatives or other Comcast personnel, and/or (ii) sales lists, lead generation lists, or other referral lists. 

 

7.       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.

 

8.       In the event that Advocate submits a Referral and such Referral remains in “Lead Submitted” status in the Portal for more than twelve (12) months without generating a sale following its original submission date, such referral shall be deemed expired. Notwithstanding the foregoing, Advocate shall not be prohibited from resubmitting such referral after the expiration period if the Referred Customer desires to obtain any Eligible Service.

 

9.       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.

 

10.   Advocate shall comply with all applicable federal, state, county, and local laws, rules and regulations and at all times conduct its operations and manage its personnel such that Advocate’s actions, and/or the actions of its contractors, agents, or employees, will not negatively impact Comcast or Comcast’s public relations with the community. 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 (a) the conduct of Advocate’s business, including without limitation, with respect to any disputes between customer(s) or Referred Customers; (b) Advocate’s breach or violation of any representation, warranty, covenant or any other terms of these Terms; or (c) the violation of any applicable laws by Advocate.

 

11.   EXCEPT WITH RESPECT TO INDEMNIFICATION AND CONFIDENTIALITY OBLIGATIONS HEREUNDER, BREACHES OF APPLICABLE LAW, AND GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT, IN NO EVENT SHALL A PARTY BE LIABLE FOR ANY LOSS OF USE, INTERRUPTION OF BUSINESS, LOST PROFITS, OR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) STRICT LIABILITY OR OTHERWISE, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT WILL THE TOTAL LIABILITY OF COMCAST UNDER THIS AGREEMENT EXCEED ALL REWARDS PAID OR PAYABLE HEREUNDER TO ADVOCATE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE OCCURRENCE OF THE EVENT GIVING RISE TO THE CLAIM.

 

12.   COMCAST MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE OF ANY KIND, EITHER EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), IN CONNECTION WITH THESE TERMS.

 

13.   Confidentiality.

 

(a)          Advocate will hold in confidence and not disclose to others any Confidential Information (as defined herein) 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 prior 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. “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. The provisions of this Section 12 shall survive the expiration or termination of this Agreement.

(b)          The obligations of confidentiality contained in this Section 12 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 in order for Comcast to seek an appropriate protective order or other remedies, and reasonably assist Comcast in opposing such disclosure, seeking a protective order, or other limitations on 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.

(d)          Advocate acknowledges that use or disclosure of any Confidential Information in a manner inconsistent with this Agreement may give rise to irreparable injury to Comcast or to third parties who have entrusted information to Comcast, and such disclosure may be inadequately compensable in damages. In addition to any other legal remedies that may be available at law or in equity, Comcast is entitled to seek equitable or injunctive relief against the unauthorized use or disclosure of Confidential Information.

 

14.   Notwithstanding anything in this Agreement to the contrary, Advocate hereby acknowledges that personal information (“PI”) relating to Referred Customers 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 (as defined herein)) to third parties and will restrict disclosure of PI to those employees with a need to know and shall not further disclose such information to any third party. Advocate shall not use PI 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.

 

15.   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.  Advocate must maintain a plan for appropriate security incident management and response that covers, at a minimum, the following: (i) unauthorized access, acquisition or use of (A) Confidential Information (including PI, if applicable) or (B) any part of Advocate’s systems or operations providing services to Comcast; (ii) other loss or misuse of such Confidential Information; or (iii) malware posing a significant threat to such information or any operations providing services to Comcast (each, a “Security Incident”). Advocate must provide notification via electronic mail to SecurityFusionCenter@comcast.com of a Security Incident as soon as practicable, but no later than twenty-four (24) hours, following awareness of the Security Incident. For any Security Incident, Advocate must provide regular updates to SecurityFusionCenter@comcast.com or, if directed by Comcast, to a security point of contact designated by Comcast, and shall cooperate with Comcast or its regulators in its efforts to investigate the Security Incident. To the extent that a Security Incident results from Advocate’s failure to comply with its representations, warranties and/or obligations hereunder, Advocate shall reimburse Comcast for remediation costs incurred by Comcast’s in connection with such Security Incident.

 

16.   Notwithstanding anything in these Terms to the contrary, Advocate represents and warrants that (a) Advocate complies with all applicable laws, including laws related to privacy and/or security, (b) Advocate has all appropriate notices and consents and it is permitted to share the information Advocate provides to Comcast under these Terms, and (c) there are no restrictions on Comcast’s use of the information provided by Advocate. Advocate shall indemnify and reimburse Comcast for any claims or damages relating to the information it provides to Comcast under these Terms.

 

17.   Nothing in these Terms will be construed or implied to create a relationship of agency, partners, affiliates, joint employers, franchise or joint venture.

 

18.   Advocate acknowledges and agrees that 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.

 

19.   Except as expressly set forth herein, Advocate shall not be deemed by these Terms or any provision hereof to acquire any right, title or interest in or to the use of the name “Comcast,” the Comcast service marks, or in or to any trademark or service mark now or hereafter owned by or authorized to Comcast or any affiliate thereof (the “Comcast Marks”). Advocate shall not use the Comcast Marks in its business, trade or corporate name without the express written consent of Comcast. The provisions of this Section shall survive the expiration or termination of these Terms. Advocate irrevocably assigns to Comcast all right, title, and interest in and to the Comcast Feedback (as defined herein) and agrees to provide Comcast any assistance Comcast requires to document, perfect, and maintain its rights in the Comcast Feedback, at Comcast’s expense. “Comcast Feedback” means all comments, suggestions, or other feedback provided by Advocate, which relate to the Eligible Services.

20.   Advocate acknowledges and agrees that Comcast has made no representations or guarantees, express or implied, regarding the profit, income, sales, revenues or Rewards that Advocate will or might make from Referrals of the Eligible Services.

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

 

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

 

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 revise these Terms, 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 written 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.

 

25.   Advocate may not assign or otherwise transfer these Terms. Any assignment by Advocate shall be null and void and without effect.

 

26.   The following provisions shall survive the expiration and termination of this Agreement: Sections 10 through 16, Section 19 and Sections 21 through 29, and such other sections, schedules or exhibits hereto, that by their terms, may reasonably be expected to survive such expiration or termination.

 

27.   Comcast and Advocate irrevocably: (a) agrees that these Terms and all questions arising hereunder will be governed by, and construed in accordance with, the laws of the Commonwealth of Pennsylvania, without regard to conflict of laws principles, and that the federal and state courts located in Philadelphia County, Pennsylvania will have sole and exclusive jurisdiction over any suit or other proceeding arising out of or based upon these Terms; (b) submits to the venue and jurisdiction of such courts; and (c) consents to the exercise of personal jurisdiction by such courts.

 

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

 

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

 

 

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