Refer-a-Friend Program Terms of Service

Welcome to the Instantly.ai Refer-a-Friend Program. Participation in this program indicates your acceptance of these Terms of Service (ToS), establishing a legally binding agreement between you (“Participant”) and/or using the Foo Monk, LLC (“Instantly”) software-as-a-service product (“we”, “us”, or “our”). By participating in our Refer-a-Friend Program (“Program”), you agree to adhere to these ToS, which include our Privacy Policy and any other documents referenced here.

1. Program Enrollment

To participate in the Program, the individual must generate a referral link through our website at https://instantly.ai/refer-a-friend and create a PartnerStack account through the invitation process. Instantly reserves the right to terminate or suspend participation for any reason, at any time, with or without notice. Joining the Program requires generating a referral link, accepting these ToS, and completing the PartnerStack account registration process. All Participants are subject to Instantly’s sole discretion regarding continued eligibility and participation in the Program. These Terms of Service supplement and are in addition to the PartnerStack terms and conditions which you agree to when creating a PartnerStack account, both of which apply to your participation in the Refer-a-Friend Program.

2. Program Rules (The “Rules”)

Your participation is subject to adherence to the following Rules. Violations may result in termination and forfeiture of referral rewards:

(a) Compliance with Laws: You must ensure all promotional efforts adhere to Applicable Laws, including advertising standards, the CAN-SPAM Act, Telephone Consumer Protection Act (TCPA), FTC’s Endorsement Guides, and other relevant regulations.

(b) Disclosure Requirement: Clearly display a disclaimer when sharing your referral link, stating your independent status and that opinions expressed are solely yours, not official statements from Instantly: “Disclosure: My relationship with Instantly is that of an independent party. I do not hold any position, nor do I have the power to form binding agreements or act on behalf of Instantly. My earnings are derived from referral rewards provided by Instantly. The views I share are solely mine and should not be seen as official statements, promises, or representations of Instantly, or any related entities or personnel.”

(c) Non-Disparagement: Refrain from publishing disparaging comments about Instantly or its staff. Avoid negative remarks about competitors for promotional gain.

(d) Social Media Requirements: Follow platform rules when sharing your referral link on social media. Use clear disclosures such as “#ad” or “#sponsored,” comply with platform-specific guidelines, and refrain from using Instantly’s trademarks, logos, or brand names without authorization.

(e) Marketing Claims: Ensure all promotional content aligns with Instantly-provided materials and complies with all advertising laws and regulations. Do not guarantee success or misrepresent the nature of our services.

(f) General Advertising Rules: Avoid infringing on rights, using offensive content, or employing deceptive practices. Refrain from technology that diverts traffic or manipulates referral rewards.

(g) PPC Restrictions: Paid advertising using Instantly’s name or related terms is prohibited without prior approval. Do not use misrepresentative practices or direct linking to Instantly’s site.

(h) Other Rules: Ensure overall compliance across digital platforms. Avoid manipulative tactics, mimicking Instantly’s site, or misleading affiliations.

3. Other Rules

You affirm, guarantee, and commit to adhering to the following stipulations related to your participation in the Refer-a-Friend Program:

(a) You shall promptly respond to all communications from Instantly and provide Instantly all necessary and requested information related to your referral activities under this Program.

(b) You are responsible for ensuring that any individuals you refer comply with applicable laws and do not engage in fraudulent, abusive, or deceptive practices. Any violation by referred individuals that results in harm to Instantly may result in your removal from the Program and forfeiture of any pending or unpaid referral rewards.

(c) You shall not use automated means, including bots, scripts, or other technologies, to generate or submit referrals. All referrals must be genuine and originate from actual human interactions.

(d) You are prohibited from offering monetary incentives, discounts, coupons, or promotional offers to prospects in exchange for their use of your referral link, unless explicitly authorized by Instantly in writing.

(e) You must use the referral link generated from the https://instantly.ai/refer-a-friend interface and PartnerStack platform without altering or modifying it in any way.

(f) Self-referrals are not permitted, and you may not refer yourself or create multiple accounts for the purpose of generating referral rewards.

(g) You must not engage in deceptive, manipulative, or fraudulent activities, whether on your own or in collaboration with others, to obtain referral rewards in violation of these Terms or applicable law.

(h) You must avoid any actions that may be fraudulent, abusive, or damaging to the Instantly website or the Refer-a-Friend Program, as determined by Instantly in its sole discretion.

(i) Instantly reserves the right to monitor your participation in the Program, to approve the use of your referral link, and to require that you adjust your methods or usage to comply with these Terms.

(j) You may not impersonate Instantly, use Instantly’s branding without permission, or create content that mirrors Instantly’s website or branding, including on social media platforms.

(k) You may not send unsolicited bulk emails, text spam, form spam, social media spam, or any other form of communication to which recipients have not consented.

(l) You may not create advertisements or promotions that appear on sites or apps with inappropriate content, including but not limited to adult content, graphic violence, or misleading information, or on fake news platforms.

(m) You may use only images, text, or other promotional materials provided by Instantly as authorized under this Agreement, and you may not alter them without written permission. All rights in Instantly’s intellectual property, including trademarks and trade names, remain the exclusive property of Instantly.

(n) Promotion through a sub-referral network is not permitted, and you may not assign, transfer, or delegate your participation in this Program to others without Instantly’s prior written approval.

4. Compensation

Upon generating a referral link for the InstantlyRefer-a-Friend Program, you will be provided with a unique referral ID via thePartnerStack platform, which will be used to track your referral efforts forInstantly.

  • For every new subscription or qualifying sign-up made through your referral ID for the commissionable products and services determined by Instantly, you will earn a referral reward. You will not earn a referral reward for any products or services Instantly designates as excluded.
  • Certain Instantly products or subscriptions may be excluded from generating referral rewards, as determined solely at Instantly’s discretion. Instantly reserves the right to modify the list of excluded products or subscriptions at any time without prior notice. Participants will not earn rewards on revenue derived from any excluded products or subscriptions.
  • Referral rewards will be generated from new subscription, upgrade, and addon purchased through your Refferral link for the commissionable products: Sending and Warmup, CRM (excluding phone numbers), Inbox Placement, you will earn a commission. You will not earn commission for the products which Instantly designates as excluded.
  • Certain Instantly products or subscriptions may be excluded from generating referral commissions, as determined solely at Instantly’s discretion. The excluded products currently include, but are not limited to, DFY email setup, Phone numbers and phone credit, Verification, Premium/Private Warmup pools, VIP, SuperSearch and Website Visitors. Instantly reserves the right to modify the list of excluded products or subscriptions at any time without prior notice. Affiliates will not earn commissions on revenue derived from any excluded products or subscriptions.
  • Referral rewards are paid through the PartnerStack platform and are subject to the terms of PartnerStack. You are solely responsible for creating and maintaining a valid PartnerStack account to receive referral rewards. Instantly disclaims liability for errors, delays, or failures in payment caused by PartnerStack’s systems or your actions.
  • Taxes and any other applicable charges related to referral rewards are your sole responsibility. PartnerStack or Instantly may require you to submit tax documentation or other supporting documents before payouts can be processed.
  • Referral rewards will only be generated for new users who sign up through your referral link. Referrals leading to an existing Instantly user upgrading to a higher plan are not eligible for a referral reward, except when the upgrade is made by a user who was initially referred to Instantly by you.
  • Users who sign up or apply a discount or promotional offer during sign-up will not be eligible for referral rewards.
  • Instantly reserves the right to withhold or reclaim referral rewards for sign-ups deemed fraudulent, in violation of these Terms, or illegal. In such cases, we may also terminate your participation in the Program immediately.
  • Rewards paid out for sign-ups that are later refunded or charged-backare considered unearned and will be deducted from future payouts.
  • All referral rewards are calculated using the PartnerStack platform. All referral tracking shall be conducted exclusively through the PartnerStack platform. You bear sole responsibility for ensuring proper use of your referral codes and the correct configuration of your referral account. While Instantly makes reasonable efforts to ensure accurate tracking and reporting, we shall not be held liable for any discrepancies, errors, or omissions arising from the functionality or limitations of the PartnerStack platform. Instantly’s decision regarding the final allocation of referral rewards shall be binding.
  • No referral reward is earned if, at the time of payout, you do not have a usable PartnerStack account for payment, or if Instantly cannot process payments due to incomplete or inaccurate information.
  • The allocation of referral rewards is determined by the first acquired referral tracking cookie (first touch attribution) in the event of multiple tracking cookies being present. Instantly reserves the right to allocate referral rewards differently in specific scenarios, such as referrals that cancel and resubscribe within 90 days, self-referrals, or other circumstances at our discretion.
  • Unaffiliated sign-ups, where a user joins Instantly without a referral ID, will not generate any referral reward unless otherwise agreed upon by Instantly in writing. Attribution requests can only be checked for a period of two months (60 days) back; any requests beyond this period will not be eligible for rewards. Similarly, sign-ups generated in violation of this Agreement, such as through incentivized traffic, shall not generate any rewards, and if Instantly discovers that rewards were credited or paid, such rewards shall be forfeited and Instantly shall have the right to claw back any such amounts.

5. Intellectual Property

Upon your participation in the Instantly Refer-a-Friend Program, and conditioned upon your continued compliance with this Agreement, Instantly grants you a limited, revocable license to use Instantly trademarks and marketing materials solely for the purpose of promoting our services through your unique referral link. You agree that nothing in this Agreement gives you any right, title, or interest in the Instantly Materials beyond the right to use the Instantly Materials in accordance with this Agreement. All intellectual property rights related to the Program, including but not limited to trademarks, copyrights, content created by you that includes Instantly Materials, and trade secrets, shall be owned by Instantly. You may not alter any Instantly-provided materials or use them in any manner inconsistent with these Terms. Use of Instantly’s intellectual property for purposes unrelated to the Refer-a-Friend Program is strictly prohibited.

6. Confidentiality

Definition. “Confidential Information” means any non-public information disclosed by Instantly to you, directly or indirectly, whether in writing, orally, or otherwise, under or in connection with this Agreement and/or the Refer-a-Friend Program. You will protect all Confidential Information using at least the same degree of care you would use to protect your own confidential information of like importance, but in no event less than reasonable care. You will not use Confidential Information for any purpose other than for your participation in the Refer-a-Friend Program, and you will not disclose it to third parties.

7. Term and Termination

The duration of this Agreement with Instantly.ai commences upon your generation of a referral link and creation of a PartnerStack account for participation in the Refer-a-Friend Program, extending on a month-to-month basis until termination. Both you and Instantly have the right to terminate this Agreement and your participation in the Refer-a-Friend Program for any reason without notice. Should you breach, or attempt to breach, any terms of this Agreement, or violate any laws in your dealings with Instantly, we reserve the right to terminate this Agreement or suspend your participation without prior notice. Such actions may also lead to the suspension of any accounts you hold with us or with PartnerStack, and you will forfeit any referral rewards or payments due without further obligations on our part. Upon termination, clauses designed to survive the termination, including but not limited to liability limits, warranty disclaimers, indemnity obligations, and the mandatory arbitration and class action waiver, will remain in effect. Any representations and warranties you made will also persist beyond the termination of this Agreement or your Instantly account.

8. Legal Provisions

  • Limitation of Liability: YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND PARTICIPATION IN THE REFER-A-FRIEND PROGRAM, INCLUDING MARKETING MATERIALS, TRACKING, AND LINKS, IS AT YOUR OWN RISK AND IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER THE LAWS APPLICABLE TO TERMS OF USE WITH ANY LEGALLY REQUIRED WARRANTY PERIOD TO THE SHORTER OF THIRTY DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED). WITHOUT LIMITING THE FOREGOING, NEITHER INSTANTLY NOR ITS SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS, NOR ANYONE INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SERVICE (COLLECTIVELY, “INSTANTLY PARTIES”) WARRANT THAT THE REFER-A-FRIEND PROGRAM, INCLUDING THE INFORMATION MADE AVAILABLE THROUGH THE PROGRAM, WILL BE UNINTERRUPTED, UNCORRUPTED, ACCURATE, RELIABLE, COMPLETE, CURRENT, TIMELY, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PAGES OR THE SERVER THAT MAKES THE SERVICE AVAILABLE ARE FREE FROM VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE INSTANTLY PARTIES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST OR ANTICIPATED PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, THE USE OR MISUSE OF SUBMISSIONS OR CONTENT IN ANY WAY ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE OR THE REFER-A-FRIEND PROGRAM, WHETHER OR NOT THE INSTANTLY PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT THE FOREGOING EXCLUSION OF LIABILITY IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, THE PARTIES AGREE THAT THE INSTANTLY PARTIES WILL NOT BE LIABLE TO YOU FOR MORE THAN ONE HUNDRED DOLLARS. TO THE FULLEST EXTENT PERMITTED BY LAW, THESE DISCLAIMERS OF LIABILITY APPLY TO ANY AND ALL DAMAGES OR INJURY CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE OR THE REFER-A-FRIEND PROGRAM UNDER ANY CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE).
  • Indemnification: You agree at all times to indemnify, defend and hold harmless the Instantly Parties from any claim, cause of action, damages, liabilities, demands, costs and expenses, including reasonable attorneys’ fees, made by any third party due to or arising out of your participation in the Refer-a-Friend Program, including your breach of this Agreement or violation of any law or third-party rights.
  • Dispute Resolution: The laws applicable to this Agreement shall be the laws of Wyoming, and applicable federal law, without regard to any conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts in Wyoming. You also agree that if a dispute arises out of or relating to your participation in the Refer-a-Friend Program, you and Instantly will attempt in good faith to resolve it directly. If unresolved after forty-five (45) days of written notice (via certified mail or personal delivery), the dispute will be resolved by final and binding arbitration in Wyoming under the rules of the American Arbitration Association.
  • THE PARTIES HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE REFER-A-FRIEND PROGRAM. YOU ALSO AGREE THAT DISPUTES WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.

9. Modifications to the ToS

We reserve the right to modify these ToS at any time. Continued participation in the Refer-a-Friend Program after such modifications signifies your acceptance of the modified Terms.


10. General Provisions

  • Independent Contractor Relationship: You are an independent contractor; nothing herein creates a partnership, employment, or agency relationship with Instantly
  • Entire Agreement: These ToS constitute the entire agreement between you and Instantly regarding the Refer-a-Friend Program.

For questions or more information about the Instantly.ai Refer-a-Friend Program, please contact us at [email protected].