Marlin
Workplace Digital Signage That Works

Marlin Referral Program

Earn a $25 Visa Gift Card when you share Marlin with your friends and they complete a consultation.

Terms and Conditions

This Agreement is made and entered into by and between The Marlin Company, located at 10 Research Parkway, Wallingford, Connecticut (“Marlin”, “we”), and our Advocates (“Advocate”, “you”), whereby Advocate will market Company’s products services in exchange for Referral Fees as defined further in this Agreement.   Marlin provides workplace digital signage services (“Services”). Marlin hereby grants to Advocate a nonexclusive, nontransferable right to market and otherwise promote the Services.   REFERRED is someone who uses a Special Link, as provided upon your registration, and then visits a landing page from that Special Link that you shared, and then fills out a demo request form on our site which results in an Appointment/Consultation/Demonstration (“Consultation”) that is completed within 30 days from the time the request form is completed.   Referral Program Marlin will pay you a one-time $25.00 USD referral fee for each unique, initial Consultation for Services. For consultation to be eligible to earn you a referral fee, the referred must follow a Special Link to our site, request and schedule a time to review our Services using our automated ordering system, accept and fulfill that schedule Services demonstration time. We will make best efforts to determine your potential Referred parties returning to our website for up to 180 days after their initial visit, either through a cookie placed in Referreds' browser and/or through their email address. We cannot, however, guarantee the payment of referral fees on any Consultation of our Services that are performed after the Referred has reentered our site (other than through a Special Link), as determined by us, even if the Referred previously followed a link from your site, social media, email, etc., to our site, if for any reason we are unable to identify you as the Advocate (for example if the Referred returns to our site using different computer and/or email address). In cases where the customer re-enters our site more than once referred by multiple Advocates, only the last referring Advocate will earn the referral fee.   Personal Use You may not be rewarded for Consultations for yourself during sessions initiated through the links on your site for your own use. Such requests for Consultations for you may result (in our sole discretion) in the withholding of referral fees or the termination of this Agreement. Consultations that are eligible to earn referral fees under the rules set forth above are referred to as "Qualifying Services."   Technical Matters In addition, you may not: (a) read, intercept, record, redirect, interpret, or fill in the contents of any electronic form or other materials submitted to us by any person or entity; (b) in any way modify, redirect, suppress, or substitute the operation of any button, link, or other interactive feature of our site; (c) make any orders or subscription requests, or engage in other transactions of any kind on our site on behalf of any third party, or authorize, assist, or encourage any other person or entity to do so; (d) take any action that could reasonably cause any customer confusion as to our relationship with you, or as to the site on which any functions or transactions (e.g., search, order, browse, and so on) are occurring, or assist, authorize, or encourage any third party to take any such action. If we determine, in our sole discretion, that you have engaged in any of the foregoing activities, we may (without limiting any other rights or remedies available to us) withhold any referral fees otherwise payable to you under this Agreement and/or terminate this Agreement.   Refusal Marlin may, at its sole discretion, refuse to conduct a Consultation with any person who completes a Consultation request form as part of this referral program or any form request on any of the Marlin sites.   License License Grant of Marlin Marks Subject to all the terms and conditions of this Agreement, Marlin hereby grants Advocate a nonexclusive, non-transferable license to use the Marlin trademarks, logos, and copyrighted material ("Marlin Marks") solely in connection with promoting the Services as part of the referral program. Advocate hereby acknowledges and agrees that (i) the Marlin Marks are owned solely and exclusively by Marlin or its affiliates, (ii) except as set forth herein, Advocate has no right, title or interest in or to Marlin Marks; and (iii) all use of the Marlin Marks by Advocate shall inure to the benefit of Marlin and its subsidiaries. Advocate agrees that it shall not engage, participate or otherwise become involved in any activity or course of action that diminishes and/or tarnishes the image and/or reputation of Marlin or of any Marlin Mark.   Use and Display of Marlin Marks Advocate acknowledges and agrees that the presentation and image of Marlin Marks should be uniform and consistent with respect to all services, activities and products associated with the Marlin Marks. Accordingly, Advocate agrees to use the Marlin Marks solely in the manner in which Marlin shall specify from time to time in Marlin’ sole discretion.   Marketing Practices Advocate further agrees: To not engage in any deceptive, misleading, illegal, or unethical practices that may be detrimental to Marlin or its products or services; not make any representations, warranties, or guarantees on behalf of Marlin, or otherwise concerning Marlin Services that are inconsistent with or in addition to any such representations, warranties, or guarantees made by Marlin; and use the then-current name as used by Marlin (but will not represent or imply that Advocate is a partner or employee of Marlin).   Term & Termination The term of this Agreement shall continue until it is terminated. Either party may terminate this Agreement at any time upon providing written notice to the other party.   Survival Upon expiration or termination of this Agreement for any reason, all rights and obligations of the Parties under this Agreement shall be extinguished, except that: (a) all accrued payment obligations hereunder shall survive such expiration or termination, if applicable; and (b) any other provisions of this Agreement that should reasonably survive expiration or termination shall survive such expiration or termination.   Indemnification Advocate shall defend, indemnify, and hold Marlin, its affiliates, and any of their officers, directors, agents and employees harmless from and against any action, claim or suit brought against COMPANY or its affiliates, including any and all losses, damages, costs, and expenses (including reasonable attorneys’ fees) arising from or out of: (a) any breach or alleged breach by Advocate of any representation, warranty or other obligation of Advocate under this Agreement; (b) any alleged or actual violation by Advocate of any laws, policies, guidelines, regulations, ordinances, rules and/or orders of any governmental authority or regulatory body having jurisdiction over Company and the subject matter hereof; (c) the negligence or willful misconduct of Advocate, its employees or agents; or (d) Advocate’s advertising, marketing, promotion, sale, or distribution of any of the Qualifying Services.   NO DISPARAGEMENT Advocate shall not, directly or indirectly, disparage Marlin, any Marlin Mark (including trademarks, service marks and other such marks, registered or not and/or the Marlin Services, during the term of this Agreement and for a period of twelve months thereafter.   WARRANTY DISCLAIMER COMPANY HEREBY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE PROGRAM AND THE COMPANY SERVICES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTY OF MERCHANABILITY AND THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY SERVICES ARE PROVIDED ON AN “AS IS” BASIS.   LIMITATION OF LIABILITY MARLIN SHALL NOT BE LIABLE OR OBLIGATED UNDER ANY SECTION OF THIS AGREEMENT, OR UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES IN CONNECTION WITH THIS AGREEMENT, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL MARLIN BE LIABLE TO DISTRIBUTOR OR ANY THIRD PARTY IN AN AGGREGATE AMOUNT GREATER THAN THE AMOUNT PAID TO DISTRIBUTOR BY COMPANY HEREUNDER DURING THE THREE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.   Other Provisions Severability, Headings If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. The Parties agree to replace any invalid provision with a valid provision, which most closely approximates the intent and economic effect of the invalid provision. Headings are used for convenience of reference only and in no way define, limit, construe or describe the scope or extent of any section, or in any way affect this Agreement.   Non-exclusivity This Agreement does not confer on either Party any rights that are exclusive. Each Party is free to contract with others with respect to the subject matter of this Agreement.   Relationship of the Parties The Parties are independent contractors and nothing in this Agreement shall make them joint venturers, Companies, employees, agents or other representatives of the other Party. Neither Party shall make any representation that suggests otherwise.   Other This Agreement will be governed by the laws of the United States and the state of Connecticut, without reference to rules governing choice of laws. This Agreement may not be assigned by either party without the prior written consent of the non-assigning party. Notwithstanding the foregoing, Marlin may assign this Agreement to the surviving entity in the case of a merger, acquisition or sale of all or of substantially all of its assets without the consent of the Advocate. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.

You shall comply with all laws and regulations (state, national, and international) that pertain to your participation in the Referral Program , including without limitation laws pertaining to the privacy and protection of personal information.

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Terms and Conditions