Vimeo Referral Agreement

Last Updated: May 5, 2021

This Vimeo Referral Agreement (“Agreement”) governs your participation in our customer referral program titled, “Vimeo Expert Program” (the “Program”). By submitting an application or otherwise participating in the Program, you agree to be bound to the terms of this Agreement.

  1. Program Overview. The Program allows members to refer potential customers to Vimeo via a portal to be made available by Vimeo. To become a Program member, you must (a) have a Vimeo Pro or higher subscription plan; and (b) submit an application to Vimeo through the Program’s online portal. Vimeo will inform you via email if you have been selected as a Program member. Vimeo reserves the right to determine Program membership in its sole discretion. Vimeo employees are not eligible to participate in this program.
  2. Referral Process.
    1. To refer a customer, you must provide the prospective customer’s email, generate an email through the Program portal and comply with any additional instructions set forth in the Program portal. Each properly submitted email shall constitute a “Referral”. Any referral that does not comply with the foregoing requirements (including any email sent outside of the Program portal) shall be deemed invalid and will not create any obligations on the part of Vimeo.
    2. After you submit a Referral, you will be deemed to have acquired a customer  (each, a “Qualified Customer”) where:
      1. the customer purchases a Vimeo Plus or higher tier self-serve subscription within 30 days after the date of the Referral.
      2. the customer enters into an agreement for a Vimeo enterprise subscription within 3 months after the date of the Referral.
    3. Exclusions. Notwithstanding the above, no Qualified Customer will result from: (a) entities that were, within 60 days before the date of the Referral, an existing Vimeo customer or were in active discussions with Vimeo to become a customer; (b) customers who signed up for free-trial offers only (unless and until such customers become paying subscribers); (c) customers who became subscribers pursuant to a Vimeo discount offer, bundle, or gift offer (i.e., gift with purchase) separate from the Program; or (d) entities that you have repeatedly referred. 
    4. Multiple Referrals. In cases where multiple referrals are made for the same customer by different members, Vimeo shall have the right to determine which referring member shall receive credit for the customer or whether to split the referral fee. 
    5. No obligation to Contract. Vimeo shall have no obligation to contract with any potential customer that you refer. 
    6. Additional Definitions. As used herein: (a) a “self-serve subscription” means a subscription to a Vimeo software-as-a-service product wherein the customer transacts directly with Vimeo through online means only; and (b) an “enterprise subscription” means a subscription to a Vimeo software-as-a-service product wherein the customer enters into a contract through a process involving a Vimeo salesperson. 
  3. Economics
    1. Referral Fees.  Vimeo will pay you a referral fee in the form of Amazon gift cards as follows: 
      1. $50 for each Qualified Customer who purchases an annual Vimeo Plus or Vimeo Pro subscription;
      2. $200 for each Qualified Customer who purchases a Vimeo Business or Premium subscription; 
      3. $200 for each Qualified Customer who enters into a contract for a Vimeo enterprise subscription having an annual contract value of $10,000 or less; and
      4. $1,000  for each Qualified Customer who enters into a contract for a Vimeo enterprise subscription having an annual contract value of more than $10,000.
    2. Determinations. Vimeo shall have the right to make all determinations concerning Referrals, Qualified Customers, and the earning of referral fees, and all such determinations shall be binding on you. Vimeo shall have no obligation to pay a referral fee for any purchased product or service that is not described above or where you have violated any term of this Agreement. 
    3. Payment Terms. Vimeo will release the referral fees within 60 days after each Qualified Customer becomes a Vimeo customer. No fee shall be payable if, during the foregoing 60-day period, the customer receives a refund (whether partial or in full), the transaction is subject to a credit card chargeback, or the account is terminated due to non-payment. All amounts are stated in U.S. dollars. 
  4. Restrictions. In connection with your participation in the Program, you must comply with the restrictions below. Any failure to do so will void any obligation by Vimeo to pay a referral fee. In addition, you agree to indemnify and defend Vimeo from any losses arising out of your breach of the restrictions below. 
    1. You must comply with the terms hereof, any additional requirements posted by Vimeo in the Program portal, and all laws. 
    2. You may not:
      1. represent that you are employed by, affiliated with, endorsed by, or an authorized reseller of Vimeo, provided that you may refer to yourself as a member of the Program; 
      2. make any false or misleading statement about Vimeo, the Program, or Vimeo’s Service
      3. use any fraudulent or deceptive practices; 
      4. modify any of Vimeo marketing materials made available to you;
      5. use any Vimeo marketing materials to sell non-Vimeo goods or services; or 
      6. use Vimeo’s name and logo except as permitted hereunder. 
  5. Modification; Termination. Vimeo may, at any time and in its sole discretion, modify or discontinue the Program (including by changing referral fee structure), provided that such modifications will take place on a go-forward basis only. Vimeo shall have the right to immediately suspend or terminate your participation in this Program if you violate the terms hereof.
  6. Nature of relationship. You and Vimeo are independent contractors of one another. The Program and your membership in the Program does not, and will not, create any partnership, joint venture, employer-employee, or franchisor-franchisee relationship  between the parties.  You may not assign this Agreement; any such assignment will be void.
  7. Other Terms. This Agreement incorporates by reference the following provisions of Vimeo’s Terms of Service, available at Section 9 (Disclaimers); Section 10 (Limitation of Liability); Section 11 (Disputes, Arbitration, and Choice of Law); and 12 (General).