Referral Program Agreement

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:

The referred customer is not registered, and was not previously registered, with Subsplash under any email address or alias;
The referred customer is approved to use the Services, subject to Subsplash's approval policies in place at the time of the referred customer's application to register;
The referred customer completes the registration process with Subsplash using the referrer's Referral Link. If a referred customer registers with Subsplash using any other link or method, the registration will not count as a Qualifying Referral;
The referred customer signs up for Subsplash One subscription plan within 90 days of entering our system and remains a customer for a minimum of 30 days;
If multiple referrers refer the same client, the referrer who’s referral link was used during the sign up process will receive credit for the referral;
Your referral gifts are non-transferable and will be voided if you cancel your subscription; and;
This offer may expire at any time, and these terms are subject to change. We will notify you should the Referral Program expire or this Referral Program Agreement materially change.

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.

4. Privacy
Any information obtained in connection with the Referral Program will be collected, processed, and used in accordance with Subsplash's Privacy Policy.

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 withhold, deny or cancel any Referrals Bonus and/or terminate your Subsplash Account if we, in our sole discretion, deem the award of any Referral Bonus as fraudulent, abusive, unethical, suspicious, or otherwise inconsistent with these Referral Program Terms, the Subsplash Terms of Service and Terms of Use, or any other applicable laws or regulations.

8. Termination
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
This Referral Program Agreement, and any other agreement incorporated by reference herein, including, without limitation, the Subsplash Terms of Service and Terms of Use, constitutes the entire understanding between Company and Subsplash for the subject matter described and no other agreements, representations, or warranties other than those provided in this Referral Program Agreement will be binding unless in writing and signed by you and Subsplash. This Referral Program Agreement shall not be construed to create any association, partnership, joint venture, employee, or agency relationship between Subsplash and Company for any purpose. Company has no authority (and shall not hold itself out as having authority) to bind Subsplash and Company shall not make any agreements or representations on Subsplash's behalf without Subsplash's prior written consent.

10. Additional Defined Terms

“Subsplash Account” means your account with Subsplash that is used to access Services.
“Referral Bonus” means any consideration provided under the Referral Program Agreement, including without limitation stored-value cards and statement credits.

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.

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