Itseez3D Referral Program Terms and Conditions
Itseez3D, Inc., a Delaware corporation (“we,” “us” the “Company”) offers you the opportunity to earn rewards by referring friends to try our Itseez3D Service (the “Service”). Your participation in the Itseez3D Referral Program (“Itseez3D Referral Program” or “Program”) can earn you rewards such as PayPal cash. We reserve the right to terminate the Program at any time for any reason. The Program is administered by Itseez3D, which may, outsource certain elements of administration to third parties (collectively, the “Administrator”).
These terms (“Terms”) and our general Terms & Conditions (“TOS”) apply to a user’s participation in the Program. By participating in the Program, users agree to use the Program as outlined herein and in accordance with the TOS which shall also apply to the Program. For purposes of the TOS, the term “Agreement” defined therein shall be deemed to include these Terms. For the sake of clarity, all terms contained in the TOS shall apply to you and the Program, including, without limitation, with respect to Indemnity, Limitation of Liability and Pre-Dispute, Mandatory Binding Arbitration, and Class Action Waiver. You are not eligible to register and participate in the Program if (i) you do not agree to these Terms and the Terms of Service in their entirety, or (ii) your registration and participation would violate any applicable laws or regulations.
You represent, warrant and covenant to Itseez3D that (i) your participation in the Program is not restricted in any manner and will not violate any applicable law, rule or regulation (including, without limitation, with respect to receiving any Rewards), and (ii) you are responsible for any and all tax liability resulting from any Awards. To the extent you breach such representation and warranty, you agree to fully indemnify the Released Parties (as such term is defined in the “Liability Release” section below) with respect to any liability or obligation that accrues to such Released Parties.
Companies and employees of Itseez3D Entities or their subsidiaries, affiliates or promotional agencies, including immediate family and household members, are not eligible.
How It Works
To participate, once you have created your Itseez3D account, visit https://accounts.avatarsdk.com/referral-program/ and follow the on-screen instructions to start referring. You will be provided a link which you can share with your friends and colleagues as much as you want. If a new user uses your personal link and signs up, each of you will receive a PayPal cash payment (the “Payment”). In the case of a new monthly subscription, the Payment to each of you shall be equal to Twenty Percent (20%) of the amount paid by the new user to Itseez3D for the first month of service. In the case of a new prepaid annual subscription, the Payment to each of you shall be equal to Ten Percent (10%) of the amount paid by the new user to Itseez3D for the first year of service. The Payment percentages set forth above may be changed at any time in Itseez3D’s sole discretion. In order to receive the Payment, you must have a PayPal account. In the event that you do not have a PayPal account, you shall still be eligible for your Payment however you may be required to sign-up for a PayPal account in order to receive such Payment.
From time to time, Referrers may be offered special promotions (“Special Promotion”), and special links (“Personal Bonus Link”) to use. These Special Promotions may be offered to some, but not all Users, depending upon your account status, your geographic location, or for other reasons. Such Special Promotions are for a limited time and may give Referrers (and in some cases, Referred Customers) additional rewards. Additional terms, including expiration dates for any Special Promotion will be provided with the Special Promotion. During Special Promotions, Referrers may use either their Personal Link, or their Personal Bonus Link, and will receive rewards based upon the specific link used. During any Special Promotion, the Referrer will only receive the identified credit outlined Special Promotion only if the Referred User completes the task prior to the end date of the Special Promotion period.
Upon signing up for the Program, Referrers will be provided with a unique referral link (“Personal Link”) that allows Referrers to receive Awards. Each Referrer will be able to check his/her status on referrals by logging in to his/her/their account and checking the Referral Status. Referrers will also be provided with a unique and personal Itseez3D “Referral Status” page to check page or account to check the status of his/her Qualified Referrals and to manage his/her account. Personal Links will be issued only to individuals. An individual must use their Personal Link to participate in the program but no purchase is required. Referrers must respect the spirit of the Program by not engaging in spamming or other unfair or otherwise problematic practices (as determined in Itseez3D’s sole discretion), including creating fake accounts or harassing potential referral sources.
Conditions for Receiving Awards
Awards will be awarded for Qualified Referrals who meet the following conditions:
- The Referred Customer must use the Personal Link from a Referrer in good standing with Itseez3D.
- If a Referred Customer receives more than one Personal Link, Itseez3D will provide the Awards to the person whose Personal Link is used to complete the Itseez3D registration process regardless of when the Personal Links were sent. If a Referred Customer registers for the Service using any other method, the registration will not count as a Qualified Referral and Referrer will not earn Awards;
- The Referred Customer may not combine the link with any other monetary offer.
- The Referred Customer may not receive a Reward for up to 1 month.
- The Referred Customer must not be registered with the Service, and was not previously registered with the Service under any email address or alias for at least 12 months;
- The Referred Customer must be eligible to create a Itseez3D account and otherwise be qualified.
- The Referred Customer must register for the Service using a valid and current email address that has not been used to register for the Service within the last 12 months.
How Awards Work
Awards are subject to verification and will generally be awarded within 60 days of verification. Itseez3D Entities may withhold any Awards if it believes additional verification is required. Itseez3D may also withhold or invalidate any potential Awards that it deems in its sole discretion as (i) fraudulent, (ii) suspect, (iii) in violation of these Terms, or (iii) the credit, verification or approval of any transaction may impose liability on Itseez3D, its subsidiaries, affiliates or any of their respective officers, directors, employees, representatives or agents (in each case, as determined in Itseez3D’s sole discretion).
All Itseez3D Entities’ decisions are final and binding (except to the extent prohibited by applicable law), including decisions as to whether a Qualified Referral, or Award is valid, when and if to terminate the Program, and whether, if at all, to change the program. Any changes to the program will be published on this page and shall be effective as of the date published. In our discretion, we may also send an email to registered Referrers to document the changes. If a Referrer has referrals pending qualification at the time that updates are sent, those pending referrals shall be validated and Awards given under the terms that were valid at the time the Referred Customer signed up for the Service.
Limitation of Liability
TO THE FULLEST EXTENT POSSIBLE BY LAW, THE MAXIMUM LIABILITY OF THE RELEASED PARTIES’ (AS SUCH TERM IS DEFINED IN THE “LIABILITY RELEASE” SECTION BELOW) ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), SHALL NOT EXCEED $100 USD. REFERRERS SHOULD USE THE PROGRAM AT THEIR OWN RISK.
Except to the extent prohibited by applicable law (including, without limitation, the State of New Jersey), Users agree that by participating in the Program, they agree: (1) to be bound by these Terms and the decisions of Itseez3D and its Administrators (“Itseez3D Entities”) (if any) and/or their designees, and privacy policies; (2) to be contacted by Itseez3D Entities via e-mail; and (3) to release and hold harmless the Itseez3D Entities and their respective parent companies, affiliates and subsidiaries, together with their respective employees, directors, officers, licensees, licensors, stockholders, vendors, service providers, attorneys and agents including, without limitation, their respective advertising and promotion entities and any person or entity associated with the production, operation or administration of the Program (collectively, the “Released Parties”), from any and all claims, demands, damages, losses, liabilities, costs or expenses caused by, arising out of, in connection with, or related to their participation in the Program (including, without limitation, any property loss, damage, personal injury or death caused to any person(s) and/or the awarding, receipt and/or use or misuse of the Program or any Awards).
Except to the extent prohibited by law (including, without limitation, the State of New Jersey), the Released Parties shall not be liable for: (i) late, lost, delayed, stolen, misdirected, incomplete unreadable, inaccurate, garbled or unintelligible entries, communications or affidavits, regardless of the method of transmission; (ii) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iv) any injuries, losses or damages of any kind resulting from acceptance, possession or use of a Awards, or from participation in the Program; or (v) any printing, typographical, administrative or technological errors in any websites or materials associated with the Program. The Itseez3D Entities disclaim any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with this Program, and reserve the right, in their sole discretion, to cancel, modify or suspend the Program including, without limitation, in the event of a virus, bug, computer problem, unauthorized intervention or other causes beyond Itseez3D Entities’ control, corrupt the administration, security or proper administration of the Program.
Except to the extent prohibited by law (including, without limitation, the State of New Jersey), the Released Parties shall not be liable to any Users for failure to supply any Awards or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, tornado, tsunami, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other similar or dissimilar cause beyond any of the Released Parties’ control.
As a condition of entering the Program, and unless prohibited by law, Users agree that under no circumstances will Users be entitled to any awards for any losses or damages, and to the extent permissible by applicable law (including, without limitation, the State of New Jersey) Users hereby waive all rights to claim punitive, incidental, consequential and any other damages, and waives any and all rights to have damages multiplied or otherwise increased. A waiver of rights may not apply to you in your jurisdiction of residence. Additional rights may be available to you.
Itseez3D Entities reserves the right to cancel or suspend this Program should it determine, in its sole discretion, that the administration, security or fairness of this Program has been compromised in any way.
Except to the extent prohibited by applicable law, disputes, claims and causes of action arising out of or related to this Program or any Award shall be resolved under the laws of the State of California ((without reference to its conflicts of laws principles) and the United States, and participant agrees to submit any dispute to the exclusive jurisdiction of the state and federal courts located in Santa Clara County, California.
Referrer’s Code of Conduct
Referrers agree that they will not violate any of these Terms, or otherwise engage in activity that could be considered harassment toward other users. Users agree not to use the Program to:
- Violate the intellectual property rights of Itseez3D or any other third-party
- Spam or otherwise create bulk distributions of the Personal Link or the Personal Bonus Link
- Collect or attempt to collect personal data about users or potential Referred Customers
- Engage in any actions that are designed to disrupt or undermine the Program
- Make attempts to gain unauthorized access to the software or the Program for any reason
- Transmit files that contain bots, viruses, works, Trojan horses, or any other file that could contaminate or otherwise destroy Itseez3D intellectual property or stop the function of the Itseez3D services
- Engage in illegal or unsportsmanlike activities
- Engage in behavior designed to annoy or harass others
- Engage in actions that disparage or malign or call into question the reputation of Itseez3D
Any determination as to whether the Referrer’s behavior has violated the Code of Conduct shall be determined in Itseez3D’s sole and absolute discretion.
The Itseez3D Entities may prohibit anyone from participating in the Program or receiving an Award if they determine (in their sole and absolute discretion) that such User is attempting to undermine the fairness, integrity or legitimate operation of the Program in any way by cheating, hacking, deception, or any other unfair playing practices which may annoy, abuse, threaten or harass any other Itseez3D users (whether or not enrolled in the Program), or representatives of Itseez3D Entities. Use of any automated system to participate is strictly prohibited, and if discovered, and will result in disqualification. Itseez3D reserves the right to disqualify anyone, cancel Awards, disable or suspend an account, and contact legal authorities (including law enforcement), if it should discover a user is tampering with the entry or referral process or the operation of the Program or violating these Terms. Referrals generated by a script, macro or other automated means will be disqualified. If a solution cannot be found to restore the integrity of the Program, we reserve the right to cancel, change, or suspend the Program.
Reservations of Rights
We reserve the right to modify or amend at any time these Terms and the methods through which Awards are earned. We reserve the right to disqualify any User at any time from participation in the Program if he/she does not comply with any of these Terms. Itseez3D Entities’ failure to enforce any term of these Terms shall not constitute a waiver of that provision.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE PROGRAM. SHOULD SUCH AN ATTEMPT BE MADE, PROGRAM ENTITIES RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
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