THE COMMUNIQUÉ CONFERENCING Customer Referral Program is sponsored and produced by Communiqué Conferencing, Inc. The program is active until such time as Communiqué cancels or changes it. This can be done at any time and at the sole discretion of Communiqué

ELIGIBILITY:

VOID WHERE PROHIBITED.

Any current Communiqué Customer who provides the First Name, Last Name, Company, Email address, and phone number of up to 5 Colleagues. To be eligible, the Customer must enter at least one Colleague with all the contact information mentioned in the previous sentence.

Referred Colleague(s) To qualify for a referral payment (Amex Gift Card or Gift Cheque), the referred colleague must meet the following criteria: ["you" means the referring party] (i) referred by you to Communiqué through the use of the form, URL is http://www.communiqueconferencing.com/refer.asp, hereby named Exhibit A "REFERRAL Form"; (ii) that, at the time of your submission of the REFERRAL Form, is not a current Communiqué user and has not been referred to Communiqué by any other source; (iii) that is registered and accepted by Communiqué, in Communiqué's sole discretion, within ten (10) business days of receipt of the REFERRAL Form (registration and acceptance or not will be communicated by Communiqué to you within 10 business days); (iv) whose agreement to acquire services from COMMUNIQUÉ is executed within ninety (90) days from receipt of the REFERRAL Form (Communiqué will contact you either when the agreement is executed or the 90 day period has expired); (v) whose agreement to acquire services from Communiqué is executed during the life of this Agreement; and (vi) whose agreement to acquire services is for a minimum term of ninety (90) days and a minimum $500 usage.

PRIZE INFORMATION

Communiqué will mail a $250 American Express Gift Card or Gift Cheque for each referral that signs up and uses Communiqué services.

GENERAL TERMS AND CONDITIONS

Each participant agrees to be bound by these Official Rules and the decisions of Communiqué, which shall be final. Communiqué, agents, and representatives of Communiqué, its parent companies, affiliates, subsidiaries, advertising, promotion, and fulfillment agencies, and legal advisors are not responsible for and shall not be liable for: (i) late, lost, delayed, damaged, misdirected, incomplete, illegible, unintelligible, or postage-due entries; (ii) telephone, electronic, hardware or software, Program, network, Internet, or computer malfunctions, failures or difficulties of any kind; (iii) failed, incomplete, garbled, or delayed computer transmissions and/or electronic mail; (iv) any condition caused by events beyond the control of the Communiqué that may cause the program to be disrupted or corrupted; (v) any injuries, losses or damages of any kind arising in connection with or as a result of the prize, or acceptance, possession, or use of the prize, or from participation in the Program; or (vi) any printing or typographical errors in any materials associated with the Program. Communiqué reserves the right, at its sole discretion, to suspend or cancel Program at any time if a computer virus, bug or other technical program or tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Communiqué corrupts the administration, security, fairness, integrity or proper play and/or conduct of the Program.
* Communiqué may prohibit any person from participating in this Program or any future Communiqué contest, program, event or game if, at the sole discretion of Communiqué, that person repeatedly disregards the Program rules, or acts (i) in a non-sportsmanlike manner, (ii) with an intent to annoy, abuse, threaten, or harass any other participant or Communiqué representative or (iii) in any other disruptive manner.
* By participating in the Program, each participant agrees to release and hold Communiqué and Communiqué's employees, officers, directors, shareholders, agents, representatives of Communiqué, its parent companies, affiliates, subsidiaries, advertising, promotion, and fulfillment agencies and legal advisors, harmless from any and all losses, damages, rights, claims and actions of any kind in connection with the Program or resulting from acceptance, possession, use or issue of any prize, including without limitation, personal injury, death, and property damage and claims based on publicity rights, defamation or invasion of privacy.

Scope of Referrals.

(a) Non-Exclusivity. Referrer acknowledges that its right to refer customer to Communiqué is non-exclusive, and that Communiqué reserves the right to sell and distribute any of its Services to any customers in the world, and to appoint any third party to do so, without giving Subscriber notice thereof and without incurring any liability to Subscriber therefor.
(b) Status as Independent Contractor. The relationship between Communiqué and Subscriber by this Agreement is that of a customer and nothing herein contained shall be deemed to establish or otherwise to create a relationship of principal and agent, partners, fiduciaries, or joint ventures between Communiqué and Subscriber. Subscriber represents that it is an independent contractor who will not be deemed an agent of Communiqué for any purpose whatsoever and neither Subscriber nor any of its agents or employees will have any right or authority to assume or create any obligation of any kind, whether express or implied, on behalf of Communiqué This agreement is not a franchise agreement and does not create a franchise relationship between the parties and if any provision of this Agreements deemed to create a franchise between the parties, then those provisions shall be deemed void and will automatically terminate as if such provision had been deemed unenforceable by a court.

Referral of Services.

(a) Terms. Communiqué agrees to offer Services to Customers upon the terms and conditions as determined by Communiqué in Communiqué's sole discretion and may in its sole discretion, (i) discontinue the sale of any of the Services (except where continued availability is required by law) and (ii) make such changes affecting their substance or presentation, by giving Subscriber prior notice thereof but without incurring any liability to Subscriber therefore. Communiqué will use commercially reasonable efforts to provide such notice at least 5 business days in advance.
(b) Payment. See above.
(c) Communiqué's acceptance of any order for Services after the termination or expiration of this Agreement shall not be construed as a renewal or extension of this Agreement or as a waiver of termination or expiration of this Agreement. Any such acceptance shall be deemed an accommodation only.
(d) Stop Orders: Communiqué may, in its sole discretion, cancel any Referral orders previously accepted by Communiqué or delay the time for installment and set-up of any of the Services covered thereby if Subscriber defaults in any of its obligations under this Agreement or if Communiqué reasonably believes that Subscriber may do so with respect to any past or pending Referrals.

Limitation of Liability.

Communiqué LIABILITY, IF ANY, AND SUBSCRIBER'S SOLE AND EXCLUSIVE REMEDY FOR DAMAGES FOR ANY CLAIM OF ANY KIND WHATSOEVER WITH RESPECT TO ANY REFERRAL OR ORDER, REGARDLESS OF THE LEGAL THEORY OR THE PROVISION OR NON-PROVISION OF THE SERVICES, SHALL NOT BE GREATER THAN THE ACTUAL REFERRAL FEES PAID TO SUBSCRIBER WITH RESPECT TO WHICH SUCH CLAIM IS MADE. UNDER NO CIRCUMSTANCES WILL Communiqué BE LIABLE TO REFERRER FOR ANY CONSEQUENTIAL, SPECIAL, EXEMP-LARY, INDIRECT, INCIDENTAL, OR PUNITIVE DAMAGES OF ANY KIND.

Term and Termination.

This Agreement will be valid for as long as the Agreement is in effect. Communiqué may terminate this Agreement, with or without cause, at any time by providing five (5) days notice to Subscriber. Neither the termination nor expiration of this Agreement nor the termination of any of the agreements referred to in this Agreement shall release either party from the obligation to pay any monies that may be owing to the other party or operate to discharge any liability that had been incurred by either party prior to any such termination or expiration.