Piracy Tip Rewards Program
Terms and Conditions
1. These Terms and Conditions govern DiscoverOrg’s Piracy Tip Reward Program. By submitting information to DiscoverOrg as specified herein or otherwise accepting these Terms and Conditions, you agree to be bound by the terms and conditions hereof and agree that DiscoverOrg’s obligation to pay any Reward is subject to all of the terms and conditions hereof.
2. In the event that DiscoverOrg, LLC or one or more affiliates thereof (collectively and individually, “DiscoverOrg”) is able to make a Qualified Recovery that is the proximate result of information DiscoverOrg receives from a Qualified Tipster (such information, a “Tip”), DiscoverOrg will pay such Qualified Tipster a Reward.
3. A “Qualified Recovery” means cash received by DiscoverOrg in an amount of at least $20,000 paid by a third party who is alleged by DiscoverOrg to have gained unauthorized access to or used without authorization DiscoverOrg’s database, computer systems, or intellectual property (a “Piracy Claim”), where the payment of the same was made in consideration of DiscoverOrg’s release of a Piracy Claim or obtained as a result of a court order or judgment in DiscoverOrg’s favor on a Piracy Claim.
4. A “Qualified Tipster” means a person who (1) is not an employee or independent contractor of DiscoverOrg (2) is not an employee or other agent of any local, state, federal, or foreign government or quasi-governmental agency and (3) did not personally undertake any wrongful act underlying the Piracy Claim.
5. A Tip may be deemed to be the proximate cause of a Qualified Recovery only where it relates to a Piracy Claim, is substantial, and was not previously known to DiscoverOrg;
6. A “Reward” shall be 15% of the amount of the Qualified Recovery less DiscoverOrg’s legal and other costs incurred in connection with the Qualified Recovery.
7. Notwithstanding anything else in these terms and conditions, no Reward shall be paid to any person unless:
a. The information provided is accurate to the best of such person’s knowledge
b. Such person responds promptly to reasonable requests for additional information regarding the information provided;
c. The information is reported through one of the means identified: by email to [email protected], by phone to 800-698-0530, or using the provided form;
d. Upon request the Qualified Tipster provides an accurate Form W-9;
e. Payment of the reward is not prohibited by federal, state or local law or regulations, or by applicable canons of professional responsibility or similar guidelines; and
f. The Tip does not violate any legal obligation of the person submitting it.
8. DiscoverOrg shall treat the identity of any person submitting information pursuant to this program as confidential, regardless of whether such person qualifies as a Qualified Tipster. DiscoverOrg will not disclose the identity of any such person except to its professional advisors, in response to valid, compulsory legal process, or in response to a valid discovery request.
9. DiscoverOrg retains sole and absolute discretion on all matters related to the investigation and/or prosecution of any Piracy Claims and any information provided by any person pursuant to this program. DiscoverOrg shall not be liable to any person for failing or refusing to pursue any recovery, regardless of the reason for such failure or refusal and even if it is done for no reason at all.
10. The determination of whether a Reward is owed shall be subject to DiscoverOrg’s reasonable discretion. Rewards will be payable within 90 days of DiscoverOrg’s receipt of a Qualified Recovery.
11. DiscoverOrg may terminate this program at any time for any reason or no reason.
12. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT FOR INSTANCES OF GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT, IN NO EVENT WILL EITHER PARTY HERETO BE LIABLE TO THE OTHER PARTY FOR ANY PUNITIVE, EXEMPLARY, MULTIPLE, INDIRECT, CONSEQUENTIAL, SPECIAL, OR LOST PROFITS DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT, WHETHER FORESEEABLE OR UNFORSEEABLE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DISCOVERORG’S MAXIMUM LIABILITY TO ANY PERSON HEREUNDER SHALL BE THE AMOUNT OF ANY REWARD PAYABLE TO SUCH PERSON HEREUNDER.