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Last Updated: July 26, 2022
This Referral Program Agreement, in combination with other Agreements relating to your use of Subsplash’s Services, is made between the Referrer ("you", "your") and Subsplash ("we," "our", "us") and governs your participation in the Subsplash Referral Program (the "Referral Program"). By requesting or sending a Referral Link (defined below), you will be deemed to have accepted and be bound by this Agreement. The Subsplash Terms of Service, as amended from time to time, is incorporated into and forms part of this Referral Program Agreement and shall apply to your participation in the Referral Program. In the event of any inconsistency between any of the provisions of the Subsplash Terms of Service and this Referral Program Agreement, this Referral Program Agreement will control. Any capitalized terms that are not defined in this Referral Program Agreement shall have the meaning provided in the Subsplash Terms of Service. We may modify this Referral Program Agreement by posting an updated version on our website. Subsplash shall notify Referrer upon any material change to this Referral Program Agreement, by continuing to participate in the Referral Program after the posting of such modifications, you shall be deemed to accept such modifications.
1. Referral Program Eligibility
In order to participate in the Referral Program, you must (1) be a Subsplash Customer in good standing; and (2) a natural person of at least 18 years of age; and (3) a US resident.
2. Qualifying Referrals
Subsplash will provide you with a unique URL that can be provided to prospective Subsplash customers (the "Referral Link"). Referral Bonuses will only be awarded for Qualifying Referrals. A "Qualifying Referral" must meet all of the following conditions:
You may not use any paid advertisement to promote the Referral Program, including but not limited to, paid search marketing, advertisements, affiliate networks, paid email campaigns or other similar methods. You may not use a Referral Link to create a new Subsplash Account for yourself.
3. Redemption Process
You are eligible to earn a Referral Bonus for each qualified referral that you refer. The Referral Bonus changes from time to time and will be set forth on the relevant promotion page (e.g. as a stored-value card or statement credit). The Referral Bonus is set to the value displayed on the relevant promotion page at the time the Referral Link is used by the prospective customer.You will receive a Referral Bonus when a specified number of Qualifying Referrals are made. You will not be notified of whether a referred customer who has used your Referral Link has applied for a Subsplash Account. You will receive a notification, which may be in the form of a Referral Bonus delivered by a third party, if the Referral Bonus criteria are met. Your use of the Referral Bonus may be governed by additional or third-party terms and conditions. The Referral Bonus shall be issued to the referrer; the Referral Bonus will be sent in the form of an electronic gift card that will be emailed to the email address we have on file associated with your Referral Link. Subsplash is not responsible for any damage to or defects in Referral Bonuses, including, without limitation, defects from manufacturing or damage incurred during shipping, and our only liability and your only remedy in such cases shall be to issue a replacement Referral Bonus or alternative item(s) of similar value.
5. Intellectual Property
Subsplash is the owner of all intellectual property related to the Referral Link, including and without limitation the Services and related technology; Subsplash data; and copyrights, patents, trade secrets, trade or service marks, brands, logos, and other intellectual property incorporated into each of the foregoing (the "Subsplash Property"). Subsplash grants you a limited, nonexclusive, revocable, and non-transferable license to use Subsplash Property solely as permitted by this Referral Program Agreement.
6. Additional Terms and Restrictions
The Referral Bonus may qualify as taxable income for you. You are responsible for any federal or state taxes resulting from your participation in the Referral Program. Subsplash will not be obligated to report federal and state taxes to relevant authorities but may report such income as required by law.
7. Reservation of Rights
Subsplash reserves the right to suspend or terminate the Referral Program at any time or to change this Referral Program Agreement at any time and for any reason in our sole discretion upon notice to you or by deactivation of the Referral Link. Your eligibility for the Referral Program and the eligibility of any referrals are determined at the sole discretion of Subsplash.
9. General Provisions
10. Additional Defined Terms
11. Disclaimer of Warranties
SUBSPLASH MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE REFERRAL BONUSES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.