Last revised 03/11/2020; effective as of: Apr 13, 2019
Acceptance Of These Referral Program Rules
By sharing your Referral Code (defined below) or by signing up via a Referral Link, you are agreeing to be bound by this Referral Program. Any terms not defined in the Referral Program shall have the meaning given to them in our Terms of Service.
In addition, there may be other terms that apply to your Referral Reward based on the geographic location (e.g., city, county, state, territory, etc.) where you signed up, including actions you may need to complete, including the type and amount of the Referral Reward. We will present such additional terms to you at the time of receiving an invitation to the Referral Program or otherwise make them available on the Kapeesh Platform or by contacting you via email.
Unique Referral Codes
Upon registering for an Account, each User may receive a unique individual code (the “Referral Code”) that allows you to receive a Referral Reward once the Referral Code or link is distributed to a new User (an “Invitee”) who registers their Account through the Referral Link and satisfies additional criteria as described in this Referral Program or as detailed within a particular referral campaign or promotion itself.
Kapeesh owns all rights in and to any Referral Code. You acknowledge and agree that you have no ownership rights in any form over the Referral Code and that Kapeesh may reclaim, deactivate, invalidate or terminate your Referral Code at any time at its sole discretion and without prior notice to you.
To be eligible to participate in the Referral Program as a “Referrer” you must (i) be at least 13 years of age; (ii) have your parents’ permission to participate if you are under 18 years of age; and (iii) fulfill any additional requirements within the Kapeesh Terms to maintain your Account.
In order for you to receive a Referral Reward, the User you are referring via your Referral Link (the “Invitee”) must: (i) access the Referral Program sign-up page, (ii) create a Kapeesh Referral Program Account by entering their name and email address; (iii) have never previously created an Kapeesh Referral Program Account; (iv) be of Qualifying Age; (v) not have already applied another Referrer’s Referral Code, received a Kapeesh credit; and (vi) must satisfy the applicable Reward Criteria, as described further below.
Kapeesh, in its sole discretion, may make available individual programs with different or additional eligibility requirements (“Campaigns”). Eligibility for any particular Campaign is subject to any such differing or additional requirements communicated within that Campaign. In the event of a conflict between the Referall Program and an individual Campaign, the terms of the Campaign itself will govern in that instance. Individual Campaigns may be offered to any Users or groups of Users. These Campaigns, unless offered to you, shall have no bearing whatsoever on your agreement or relationship with Kapeesh or this Referral Program as it pertains to you.
If you or the Referred User violate the Referral Program Rules or any applicable Kapeesh Terms, Kapeesh may suspend or terminate your and/or the Referred User’s ability to participate in the Referral Program or take any other remedial measure as Kapeesh determines in its sole discretion, including, without limitation, suspending or terminating your and/or the Referred User’s Kapeesh Account.
Invitations Through The Kapeesh Referral Program
You may invite Invitees to use Kapeesh by sending them your Referral Code, or otherwise inviting them to use Kapeesh as described in an individual campaign or promotion. If an eligible Invitee follows the links or instructions in your invitation and creates an Kapeesh Referral Account using the information provided, the Invitee will automatically become your Referred User. Once this occurs, the Referred User will no longer be an eligible Invitee for any other Referrer.
If an Invitee does not use your Referral Code, you will not receive credit or attribution for that referral and it will not count towards a Referral Reward, and such Invitee will not be considered your Referred User. Kapeesh reserves the right to supply or withhold a Referral Reward at its sole discretion.
Subject to the terms set forth in this Referral Program Rules, you may be eligible to earn a Referral Reward for each Referred User. As discussed above, in order to qualify as your Referred User, the Invitee must satisfy the applicable Reward Criteria. The Reward Criteria are set by Kapeesh in its sole discretion and are subject to change at any time. The Reward Criteria may vary by market or within a particular market.
If your Invitee satisfies the requirements to be considered a Referred User, the type and/or amount of the Referral Reward you are eligible to receive may depend on a number of factors including: (i) any specific terms of the individual Campaign; (ii) the location associated with your Account or the Referred User; (iii) other factors as determined and/or communicated by Kapeesh.
Kapeesh may amend or replace all terms and conditions applicable to the distribution and use of Referral Rewards at any time, without prior notice, and in its sole discretion.
We appreciate your efforts in getting the word out about Kapeesh’s products and services. To prevent fraud and optimize our management of the Referral Program, Kapeesh may limit your collection of Referral Rewards to a value determined by Kapeesh. Limits may vary by Campaign and Kapeesh reserves the right to withhold or deny any excess Referral Rewards.
Per the Terms of Service, you cannot create multiple Accounts. Duplicate Accounts will not receive Referral Rewards. If you create multiple Accounts to circumvent the Referral Reward maximum or any other terms of the Referral Program, Kapeesh reserves the right to cancel or delete your Referral Rewards in addition to suspension or termination of your Accounts.
Kapeesh reserves the right to withhold or deduct Referral Rewards obtained through the Referral Program in the event that Kapeesh, in its sole discretion, determines or believes that the receipt of the Referral Reward was in error, fraudulent, illegal, or in violation of these Referral Program, the Kapeesh Terms or any other applicable agreement between you and Kapeesh.
How You Can Use Your Referral Code
Your eligibility for participation in the Referral Program is expressly conditioned on your adherence to the Kapeesh Terms. If you violate any provisions of the Kapeesh Terms or Referral Program, Kapeesh may, in addition to any remedies, rights or actions reserved in the Kapeesh Terms: (i) remove your eligibility to participate in the Referral Program; (ii) withdraw any Referral Rewards earned in violation or suspected violation of these restrictions; or (iii) take any other remedial action that Kapeesh determines is necessary or appropriate in its sole discretion, including suspension or termination of your Account without prior notice to you. In addition, you agree to abide by all restrictions and limitations by not engaging in the following behaviors:
- Mass distributing your Referral Code or “spam” anyone with invitations to use Kapeesh
- Using an automated system, script, program, dialer, or bot through any channel to distribute, post or respond to your Referral Code;
- Paying to advertise your Referral Code or the Referral Program, including, without limitation, via Google, Facebook, Twitter, Instagram, YouTube, Bing or Craigslist
- Purchasing advertising or search keywords (such as Google AdWords, Facebook Ads, Bing, etc.) that contain Kapeesh’s name or trademarks
- Representing that you are Kapeesh, are affiliated with Kapeesh, or presenting the Referral Code in such a way to give a reasonable person the impression you are affiliated with Kapeesh
- Posting referral codes on event or venue pages without express permission from the owner of such event or venue.
- Posting printed materials on public or private property without the express written consent of the owner
- Making misleading claims about Kapeesh or the Referral Program, use offensive/abusive content
- Creating fake accounts, profiles, blogs, websites, social media profiles, or apps to distribute your Referral Code
- Violating or infringing on the privacy, intellectual property, or any other rights of any individual
- Misrepresenting your connection to Kapeesh or any other third party
- Using Kapeesh’s intellectual property, such as the logo, name, or any other promotional material, except to identify yourself as an Kapeesh User, Invitee, Referred User or Referrer.
- Using the name “Kapeesh” or any other Kapeesh trademarks or any other confusingly similar names to the Kapeesh trademarks when you create or register any domains, businesses, applications, URLs, social media profiles, or other similar property and technologies
- Associating Kapeesh or the Kapeesh trademarks with any disparaging, defamatory, offensive, abusive, intimidating, harassing, sexually explicit, obscene, political, religious or any other restricted activities or content as described in the “Restricted Activities” section of the Terms of Service
- Using someone else’s brand name or intellectual property without their written consent (for example, referencing “Superbowl” or “Coachella”)
- Attempting to defraud or abuse Kapeesh, the terms of the Referral Program, the Kapeesh Terms or any Invitees or Referred Users.
- You cannot earn Referral Rewards for referring yourself. Referral Rewards are not valid for cash and may expire prior to your use. Please read all the terms and conditions of your Referral Reward to understand how you can successfully redeem your Referral Reward.
- Kapeesh may disable your Referral Reward at any time for any reason without any liability to Kapeesh, even if you have not explicitly violated any terms of the Referral Program.
- Kapeesh reserves the right to update the Referral Program terms at any time. Please check back periodically to ensure you are up-to-date with the Referral Program terms and conditions. If we make a material update to the Referral Program, we will post the update on the Kapeesh Platform and provide you notice of the update. Continued participation in any referral program after any update will mean that you have agreed to the update.
If any provision in these Referral Program terms are held to be invalid, void, or unenforceable, such provision (or the part of it that is making it invalid, void or unenforceable) will be struck and not affect the validity of and enforceability of the remaining provisions.
If you have any questions about our Referral Program Terms of Service, please email us at email@example.com or by post to:
4261 Ruthelma Ave.
Palo Alto, CA 94306
4261 Ruthelma Ave.
Palo Alto, CA 94306