terms-and-conditions-referral

Ooma Rewards Program Terms and Conditions OOMA REWARDS PROGRAM TERMS AND CONDITIONS These terms and conditions (“Terms”) apply to the Ooma Rewards Program (“Program”) of Ooma, Inc. (“Ooma”). The purpose of the Program is to add new Ooma clients through referrals. A “Participant” is an individual who is eligible and submits a referral on the […]

Sunnyvale, CA - Wednesday, March 16th, 2022

Ooma Rewards Program Terms and Conditions

OOMA REWARDS PROGRAM TERMS AND CONDITIONS

These terms and conditions (“Terms”) apply to the Ooma Rewards Program (“Program”) of Ooma, Inc.
(“Ooma”). The
purpose of the Program is to add new Ooma clients through referrals. A “Participant” is an individual
who is
eligible and submits a referral on the Ooma Referral Form (“Referral Form”), located at
https://www.ooma.com/refer/.
A Qualified Referral (defined below) who becomes a paid Ooma Client (defined below) is defined as a
“Referred Ooma
Client”. By submitting the Referral Form, the Participant agrees to be subject to these Terms and
Ooma’s Privacy
Policy, as amended from time to time. Ooma’s decision is final, binding and non-appealable. These Terms
are
independent of any other relationship between Participant and Ooma. To the extent permitted by
applicable law, Ooma
reserves the right at any time to change or cancel the Program and its Terms, in whole or in part.

1. ELIGIBILITY REQUIREMENTS

To be eligible for the Program, a Participant must:
Provide all the details for a Qualified Referral in the Referral Form.

Eligibility. Each eligible Participant must be an individual of legal age of
the state or province
where the Participant resides and is a resident of the United States or Canada. Each Participant must
be an
Existing Ooma Office or Ooma Enterprise customer (an “Ooma Client”). Each Participant must also not be
an
Ineligible Participant, as detailed below. The Program is void outside of the United States and Canada.
Employees
of Ooma are not eligible to participate.

Ineligible Participants:

Persons or entities with an already existing referral relationship with Ooma.
Any broker, channel, alliance partner, value-added reseller (VAR) or affiliate
partner of Ooma.
All participants in any other Ooma referral program relating to Ooma products and
services are ineligible
to participate in the Program.
Individuals whose participation in the Program would be prohibited by any
applicable law or regulation.
An employee or contractor of a business, including any such employee’s or
contractor’s immediate family and
household members, cannot refer the business in which the employee or contractor is employed.

Ooma reserves the right to disqualify any Participant that it determines, in its sole
discretion, is
ineligible to participate, or Ooma otherwise does not wish for the Participant to
participate.

2. QUALIFIED REFERRAL

A Qualified Referral must meet the following criteria:

The information submitted on the Referral Form must be accurate.
The referral cannot be an Active Lead or an Existing Ooma Client. An Active Lead
is defined as either a
company or individual contacted by Ooma in the preceding ninety (90) calendar days. An Existing
Ooma Client
is defined as any company or organization that currently receives services from Ooma.
Participant must know or be acquainted with the referral. In other words,
Participant may not acquire
referrals through unsolicited e-mails to persons unknown to Participant, and may not submit
referrals based
on email lists or other similar harvested consumer lists.
The referral must be located in the United States or Canada, and only Users
located in the United States or
Canada will count toward the award.
The referral cannot be a Spin-off. A Spin-off is defined as an entity that has
less than 25% net new Users
from an Existing Ooma Client.
Former Ooma Clients are not eligible to be a referral.
The referral cannot be working with a broker, channel or alliance partner.
The referral must have given the Participant express written consent to provide
required information to
Ooma, and to have Ooma contact the referee.
The referral does not apply to the following products: Ooma Telo, Ooma Smart Home
products, services or accessories.

Ooma reserves the right to set an annual limit, in its sole discretion, on the number of
Qualified Referrals earned
by a single Participant.

3. REFERRAL REQUIREMENTS

Each valid online submission shall be considered an “Entry”. Only one (1) Referral may
be submitted per
Entry but there are no restrictions on how many Entries may be submitted. Existing Ooma customers,
an
entity that was an Ooma customer in the previous twelve (12) months, and any Referral previously
received
from another Entry shall not be considered a valid Referral. Submissions generated by a script,
macro or
other automated means will be disqualified. No mechanically reproduced entries will be accepted. In
the
event of a dispute regarding who submitted a particular Entry, the Entry will be deemed submitted
by the
authorized and registered account holder of the e-mail account associated with the Entry. A
Referral is
considered active for a period of three (3) months from the date it was first submitted. If a
Referral has
not converted into a customer within the three-month period, the Referral shall expire, and the
Participant
shall not be entitled to a Reward if the prospective new customer subsequently purchases Ooma
services,
unless Participant can provide Ooma with reasonable written proof that Participant continues to be
actively
engaged with the Referral and Ooma in converting the Referral to customer. If a Referral has
expired,
Participant may resubmit the lead to Ooma.
Ooma is not responsible for (i) lost, late, delayed, damaged, unintelligible,
illegible, misdirected,
incomplete or garbled Entries; (ii) your inability to enter your submission through the Internet;
(iii)
entry information not captured correctly; (iv) any issues associated with hardware, software,
telephone,
Internet, virus contamination, network, human error, electronic malfunctions, or any other
technical
problems; or (v) delay, failure or malfunction for any reason. Incomplete or corrupted Entries are
void and
will not be accepted. Proof of entry is not automatically proof of receipt.
All Entries are the sole and exclusive property of Ooma and will not be returned to
Participant.
By entering the Program, you (i) represent and warrant that you have received express
written consent from
the Referral to disclose the Referral’s name and business contact information to Ooma; (ii)
represent and
warrant that the Referral is a business or representative of a business; (iii) represent and
warrant that
the contact from the Referral whose contact information you have disclosed to Ooma is of legal age
in the
state or province of your residence; (iv) authorize Ooma, in its sole discretion, to use, analyze,
modify
and publish your name and any other information provided by you, including without limitation,
publication
in its marketing and promotional materials or website; and (v) authorize Ooma to contact you
regarding Ooma
offerings, products and services. You hereby agree to indemnify and hold harmless Ooma and all Ooma
affiliates from any and all losses, liabilities, claims, damages, and expenses (including, without
limitation, collection fees, court costs and reasonable attorneys’ fees) in the event that you
breach any
of these Terms.
You acknowledge and agree that we may inform any Referral that we received Referral’s
contact information
from you.
Publicity: By participating, you grant Ooma permission to use your name, company,
voice, city of residence,
likeness or comments for publicity purposes regarding the Program without payment of additional
consideration, except where prohibited by law.
Participant may not enter, and is ineligible to receive any reward for an Entry for
any of the following
persons (collectively, “Invalid Referrals”):
- Any person who holds the majority of the voting stock or other equity
  interests of the
  Participant’s company.
- Participant’s affiliates and subsidiaries.
- Participant’s, its subsidiaries’, and its affiliates’ employees, officers,
  directors, agents,
  contractors, or consultants, or the immediate families and members of the households of any
  of the foregoing.

4. REWARDS FOR QUALIFIED REFERRALS

If a Qualified Referral becomes a customer of Ooma Office or Ooma Enterprise, or services
from Ooma (an “Ooma
Client”) within ninety (90) days of the referral and remains a paid Ooma Client for at least ninety
(90) days
(“Qualifying Period”), a reward in the form of a virtual promotional prepaid card (tokenized) (“Reward”) will be paid to
Participant. The
Reward amount is based on the number of Client’s Ooma Users (“Users”), as outlined in the Referral
Reward Table
below.

Client’s Users of paid Ooma Services	Reward (USD for USA; CAD for Canada)
101+ Users:	$5,000
50-100 Users:	$,2500
21-49 Users:	$1,200
6-20 Users:	$500
1-5 Users:	$200

The Reward will be issued in the form of a virtual promotional prepaid card in US currency in the United
States and in
Canadian currency in Canada.

Participant shall not receive a Reward for any other Referrals, including but not limited to
(i)
sign-ups for Ooma Telo, Ooma Smart Security products, services or
accessories; (ii)
Referrals who terminate their subscription/services before the end of the Qualifying Period; or
(iii)
any Ineligible Referral. No cash value is associated with any Rewards, and under no
circumstances will
any cash equivalent be issued in lieu of a Reward except in the sole discretion of Ooma.

In the event the Referral downgrades to a lower tier plan or fewer number of lines at any time
during
the Qualifying Period, the award to Participant shall be the lowest tier plan or number of
lines
purchased by the Participant during the Qualifying Period.

Participant will receive the Reward by email within ninety (90) days after qualifying for the
Reward. Reward expiration 12 months.

No alternative gifts, cash equivalent, or other substitutions are permitted except
as determined by Ooma in
its sole discretion. In order to issue a Reward, Ooma may be required to provide certain
information about
Participant to third parties, including but not limited to Participant’s name and address.
Participant
hereby authorizes Ooma to provide any personal information about Participant to third parties
to the extent
necessary to issue a Reward to Participant. Such information shall not be sold or disclosed by
such third
parties except as necessary to issue and enable the Participant’s Reward.
Conduct: By entering this Program, you agree to be bound by these Terms. Ooma
reserves the right in its
sole discretion to disqualify any individual it finds to be tampering or have tempered with the
entry
process or other factors which may cause unfair advantage in the Program or the operation of
the Ooma
website; to be acting in violation of the Terms, Ooma’s Privacy Policy, Ooma’s Website Terms of
Use or
other service agreement(s); or to be acting in a disruptive manner or with intent to annoy,
abuse, threaten
or harass any other person.

ANY ATTEMPT BY PARTICIPANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR
UNDERMINE THE LEGITIMATE
OPERATION OF THE PROGRAM MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE,
OOMA RESERVES
THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PARTICIPANT TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING
WITHOUT
LIMITATION ALL ATTORNEY’S FEES.

CAN-SPAM Act Compliance. Ooma complies with the federal CAN-SPAM Act and honors requests of
consumers and customers
who choose to opt out of receiving Ooma marketing emails. Accordingly, if you designate a referral
email address
that has previously opted out of receiving Ooma marketing emails, you will be advised that the email
address is not
eligible.

FTC 16 CFR Part 255 Compliance. Ooma complies with the Federal Trade Commission’s 16 CFR Part
255 “Guides Concerning
the Use of Endorsements and Testimonials in Advertising”. Accordingly, if you make any post on any
social network
(such as Facebook, Twitter, Instagram, Pinterest, or LinkedIn) as a part of this Program, you must
include, and not
delete, any disclosure that the Program website automatically creates for the post you are making. In
the event
that no such disclosure is automatically generated for your social network, you must, at a minimum,
include either
“This is a paid endorsement” or “#paidad” in any social network posts you make as a part of this
program. You are
responsible for ensuring that your posts on any social network comply with the terms of use of the
site, and any
other applicable laws, statutes, and regulations.

5. EXCLUSIONS

An Ooma Client Services Associate who receives and/or inputs a referral on behalf of a
current Ooma client is not
eligible to receive a Reward. Ooma reserves the right to disqualify any Participant that it determines,
in its sole
discretion, is ineligible to participate in the Program. Ooma has complete discretion as to who it will
do business
with, and on what terms, including without limitation, whether to accept a referral as a customer. Ooma
is not
responsible for lost, misdirected or delayed referrals.

6. PROGRAM CANCELLATION AND TERMINATION

To the extent permitted by applicable law, Ooma may at any time, without prior notice,
terminate or modify the
Program or these Terms, or both. All questions or disputes regarding eligibility for the Program;
eligibility for
or award of Rewards, or both; or interpretation of these Terms will be resolved by Ooma in its sole
discretion.
Ooma reserves the right to void Rewards earned if it suspects that such Rewards were earned in a
fraudulent manner,
in a manner that violates applicable law or these Terms or in a manner otherwise not intended by Ooma.

7. TAXES

Rewards under the Program are subject to applicable federal, state and/or local taxes. Upon
Ooma’s determination
that the Participant should receive Rewards, Ooma may contact the Participant to request a completed
IRS Form W-9.
To the extent permitted by applicable law, if the Participant does not respond to a request from Ooma
to complete a
Form W-9, or otherwise indicate a referral payment preference within one hundred eighty (180) days of
such request,
Ooma reserves the right to rescind Participants’ Rewards. Ooma will report earnings under this Program
to the
extent required by applicable law. Rewards earned through this Program may be subject to taxation and
will be
reflected on the Form W-2 for Ooma corporate employees and on IRS Form 1099 for all other Participants.

8. COMMUNICATIONS

By submitting the Referral Form, Participant consents to receive electronic communications from Ooma,
including
advertising and marketing materials.

9. GOVERNING LAW; VENUE

The laws of the State of California, without regard to its conflict of law provisions, will
govern this Program
Terms. Any causes of action arising out of or connected with Participant’s use of the Program or its
Terms will be
resolved exclusively by arbitration in the state and federal courts of Santa Clara County, California,
in
accordance with the rules and processes of the American Arbitration Association. Participant agrees to
bring all
actions only in such courts and not to contend that venue in such courts is improper or inconvenient.

10. ASSUMPTION OF RISK; INDEMNIFICATION; LIMITATION OF LIABILITY

BY INTENDING TO ENTER AND/OR ENTERING THE PROGRAM, EACH PARTICIPANT (ON BEHALF OF PARTICIPANT
AND PARTICIPANT’S
FAMILY MEMBERS, HEIRS, ADMINISTRATORS, AFFILIATES AND SUCCESSORS) ASSUMES ALL RISK ASSOCIATED WITH THE
PROGRAM
AND/OR THE REWARDS, AND HEREBY AGREES TO INDEMNIFY, RELEASE AND HOLD HARMLESS OOMA, OOMA AFFILIATES AND
THEIR
RESPECTIVE PARTNERS, AFFILIATES AND SUBSIDIARY COMPANIES, ADMINISTRATOR, ADVERTISING AND PROMOTIONAL
AGENCIES, AND
ALL THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS FROM ANY LIABILITY,
DAMAGES, CAUSES
OF ACTION, THREATS, LOSSES, DEATH, INJURY, ACTUAL, INCIDENTAL OR CONSEQUENTIAL CLAIMS AND DEMANDS
WHATSOEVER, IN
LAW OR EQUITY, INCLUDING WITHOUT LIMITATOIN ALL COSTS AND ATTORNEYS’ FEES, RESULTING IN WHOLE OR IN
PART, DIRECTLY
OR INDIRECTLY, FROM PARTICIPANT’S PARTICIPATION IN THE PROGRAM, TAXES OWED AND DUE BY THE PARTICIPANT
IN CONNECTION
WITH THE PROGRAM, BREACH OF THE ENTRY WARRANTIES, AND THE ACCEPTANCE, USE OR MISUSE OF ANY REWADS THAT
MAY BE WON.
OOMA AND ITS AFFILIATES AND SUBSIDIARIES DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, AS TO THE
CONDITION,
FITNESS OR MERCHANTABILITY OF THE REWARDS. OOMA AND ITS SUBSIDIARIES, AFFILIATES, SUBSIDIARIES,
ADVERTISING AND
PROMOTIONAL AGENCIES, AND ALL THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND
AGENTS DISCLAIM
ANY LIABILITY FOR DAMAGE TO ANY COMPUTER SYSTEM RESULTING FROM ACCESS TO OR THE DOWNLOAD OF INFORMATION
OR
MATERIALS CONNECTED WITH THE PROGRAM.

IN NO EVENT SHALL OOMA OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR SPECIAL,
INDIRECT, INCIDENTAL OR
CONSEQUENTIAL DAMAGES WHETHER ARISING UNDER CONTRACT, WARRANTY, OR TORT (INCLUDING NEGLIGENCE OR STRICT
LIABILITY)
OR ANY OTHER THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO CLAIMS RELATED TO (I) THE PROGRAM; (II)
THE USE OF
OR INABILITY TO USE THE OOMA PROGRAM, ANY OOMA SITES OR ANY OOMA MATERIALS, OR (III) ANY CLAIM
ATTRIBUTABLE TO
ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE OOMA PROGRAM, ANY OOMA SITE OF ANY OOMA MATERIALS.
OOMA’S TOTAL
LIABILITY FOR ANY AND ALL DAMAGES, REGARDLESS OF THE FORM OF THE ACTION, SHALL BE LIMITED AND CAPPED IN
ITS
ENTIRETY AT FIFTY US DOLLARS (US$50). THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK
BETWEEN THE
PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY IN ANY AND ALL CIRCUMSTANCES.
SOME
JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO CERTAIN OF THE FOREGOING LIMITATIONS
MAY NOT APPLY
TO YOU.

11. Accessibility

Section 255 of the Communications Act requires us to evaluate how well our product and
services work for the
disabled, what challenges they may encounter and whether any solutions are “readily achievable” and
could be
implemented.

By adding the above features to our product and the My Ooma web portal, we do not change the
accessibility of the
product in any way.

12. General

Any and all decisions related to the Program, these Terms, Program administration,
verification and the like will be
supervised by Ooma, whose decisions are absolute, final and binding on all entrants. Ooma reserves the
right in its
sole and absolute discretion to terminate, cancel, or modify the Program at any time by amending these
Terms and
publishing them on its website. Ooma shall not be responsible for technical, pictorial, typographical
or editorial
errors or omissions in any marketing materials or these Terms. All information provided by Participant
for the
Program is provided solely to Ooma for Ooma’s benefit and is not provided to any other entity, other
than as
provided for in these Terms.

13. Severability

If any provision of this Program or Terms is deemed to violate any law, rule or regulation,
it shall be amended to
conform to such law, rule or regulation and all other provisions shall remain in full force and effect.

14. Intellectual Property

This document contains the trademarks and service marks of Ooma and third parties. Such
trademarks and service marks
are the sole and exclusive property of their respective owners. The use of certain products and
services as prizes
or Rewards does not imply participation in, or approval of, this Program by their respective companies.
This
Program is sponsored and administered exclusively by Ooma and is in no way sponsored, endorsed,
administered by or
associated with any other company.

About Ooma, Inc.

Ooma (NYSE: OOMA) creates powerful connected experiences for businesses and consumers, delivered from its smart cloud-based SaaS platform. For businesses of all sizes, Ooma provides advanced voice and collaboration features that are flexible and scalable. For consumers, Ooma’s residential phone service provides PureVoice HD voice quality, advanced functionality and integration with mobile devices. Ooma’s innovative smart security solution delivers a range of wireless security sensors that make it easy for anyone to protect their home or business. Learn more at www.ooma.com.

CONTACT:

Investors

Matthew S. Robison
Director of IR and Corporate Development
Ooma, Inc.
email: ir@ooma.com
phone: (650) 300-1480

Media

Mike Langberg
Director of Corporate Communications
Ooma, Inc.
email: press@ooma.com
phone: (650) 566-6693