Refer-A-Friend Terms and Conditions
Effective: November 23, 2005
The program begins at 12:00 AM (PST) November 1, 2005, subject to applicable law, and extends until termination of the Program by Dynadot (Program Period), subject to the following terms and conditions.
Eligibility and Program Requirements
You are an Eligible Referrer if you are both a registered Dynadot account holder and meet all of the following requirements: (A) you must have a Dynadot account that is in Qualified Standing; and, (B) you are of legal age to enter into agreements, or you are at least thirteen (13) years of age and have your parents' permission to submit to the terms and conditions of this Program. In order for your account to be deemed to be in Qualified Standing in accordance with the requirements of this Program, (a) your Dynadot account must have been in existence for at least 10 days at the time of your participation in this Program; (b) you must not have a "hold" or "disabled" status on your Dynadot account or on any service that you purchased from Dynadot; (c) your Dynadot account must not be suspended, deactivated, disabled, or past due during the Program Period; and, (d) you must have completed at least one (1) Qualifying Purchase prior to your participation in the Program.
If you are not and have never been a registered Dynadot account holder, then you are eligible to participate in this Program as an Eligible Referred Friend, subject to the requirement that: you are of legal age to enter into agreements, or you are at least thirteen (13) years of age and have your parents' permission to submit to the terms and conditions of this Program. To qualify as an Eligible Referred Friend under this Program, you must satisfy the following requirements: (A) you sign up for a Dynadot account at http://www.dynadot.com as a result of the Eligible Referrer's referral; and, (B) you complete at least one (1) Qualifying Purchase as a result of the Eligible Referrer's referral, and using the Eligible Referrer's Referral Code.
A "Qualifying Purchase" means a purchase of at least $2.99 in U.S. dollars by a Dynadot account holder for Dynadot services through the legitimate completion of a transaction on the Dynadot website, and remittance of full payment thereof. As of August 25, 2011, prepay order items will not be considered a part of the "Qualifying Purchase" and will not be counted towards the $2.99 minimum purchase amount. Completion of a Qualifying Purchase requires that Dynadot receive payment in full, and that there be no chargeback of payment, rejection of payment, or return of services for a period of one (1) calendar year following the initial transaction date. Purchases of Dynadot services through third party vendors are ineligible for this Program.
Participation in the Program
To participate in the Program, Eligible Referrers must provide their Referral Code to their Eligible Referred Friends. Referral Codes are unique series of numbers and letters, which are assigned to your account by Dynadot. Subject to the requirements set forth herein, the Eligible Referrer will receive ten percent (10%) back in the form of account credit ("Referral Reward") of their Eligible Referred Friend's first (1st) completed Qualifying Purchase. In order for an Eligible Referrer to qualify for a Referral Reward, an Eligible Referred Friend must provide the Eligible Referrer's Referral Code during the order checkout process on the Friend's first completed Qualifying Purchase.
Eligible Referred Friends do NOT qualify to receive any credit or Referral Reward under this Program. However, after completing at least one Qualifying Purchase and subject to meeting any other eligibility requirements as stated herein, the Eligible Referred Friend may qualify to participate in this Program as an Eligible Referrer.
An Eligible Referrer will not receive any credit or Referral Reward if his or her referrals through the Program are rejected or are not received for any reason, or if he or she fails to comply with any of the obligations of the Program or these Terms and Conditions. Upon the Eligible Referrer's qualification for a Referral Reward, only one (1) Referral Reward will be given to an Eligible Referrer per Eligible Referred Friend, regardless of how many Dynadot accounts or customer ID's the Eligible Referrer may have. Referral Rewards are only available for referrals resulting in new Dynadot accounts by Eligible Referred Friends who complete a Qualifying Purchase. Only the Eligible Referred Friend's first completed Qualifying Purchase through the Refer-A-Friend email or Referral Code will be eligible for credits and participation in the Program.
Referral Rewards will be in the form of account credit, and may be used towards the purchase of services from Dynadot at http://www.dynadot.com. Referral Rewards are calculated based on the amount of the Eligible Referred Friend's Qualifying Purchase.
Referral Rewards will be credited to your Dynadot account within approximately ninety (90) days of the completion of a Qualified Purchase by your Eligible Referred Friend, subject to satisfaction of these terms and conditions and delays due to technical difficulties or other unforeseen circumstances.
Referral Rewards may be revoked, reversed, adjusted, or otherwise modified, at Dynadot's sole discretion, subject to the terms and conditions of this Program.
Upon cancellation of service or closure of your Dynadot account for any reason, any unused Referral Rewards will automatically expire and may not be transferred, assigned, or redeemed for cash. AS WITH ALL ACCOUNT CREDIT WITH DYNADOT, REFERRAL REWARD CREDITS ARE NON-REFUNDABLE, NON-RETURNABLE, AND MAY NOT BE REDEEMED FOR CASH.
Additional Terms and Conditions
Dynadot reserves the right to modify, suspend or terminate the Program in its entirety or in part at any time and for any reason in its sole discretion, notice of which may be provided through revisions posted on Dynadot's website.
Dynadot reserves the right to void any Referral Rewards or credits issued by Dynadot in the event of payment rejections or failures, or ineligibility of a participant, or in the event Dynadot decides in its sole discretion that you have violated any of these Terms and Conditions or the Dynadot Service Agreement (and any policies incorporated therein).
If in Dynadot's opinion, there is any suspect or actual evidence of electronic or non-electronic tampering with any portion of the Program or the Referral Rewards, or if a computer virus, bugs, unauthorized intervention, fraud, or technical difficulties or failures compromise or corrupt or affect the administration, integrity, security, fairness, or proper conduct of the Program, Dynadot reserves the right at its sole discretion to disqualify or discontinue the participation privileges of any individual involved in any such harmful or illegal activities, and to modify or suspend the Program, or to terminate the Program. Discontinued participation privileges may result in the loss of all accumulated rewards benefits. Any attempt by an entrant or any other individual to deliberately damage any website or undermine the legitimate operation of the Program is a violation of criminal and civil laws and should such an attempt be made, Dynadot reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Any attempts by an individual to access any website associated with this Program via a bot script or other brute force attack or any other unauthorized means will result in the IP address becoming ineligible, in addition to any other remedies available in law or in equity. Use of automated, programmed, falsified or the like entry devices or programs is prohibited and all such entries are void.
By participating in this Program, you agree and give consent to Dynadot to transmit emails and other communications to you concerning this Program and your participation therein. Under this Program, an Eligible Referrer is able to use a Dynadot fillable form web interface to transmit emails to Eligible Referred Friends ("Referral Emails"), and to receive automatic updates about their Eligible Referred Friends' participation, including but not limited to email address, delivery confirmation of email invitation to referral, successful completion of Qualifying Purchase, amount of Qualifying Purchase, cancellation of service, failure to complete payment on a Qualifying Purchase, and other information about the Eligible Referred Friends as related to the administration of this Program. By participating in this Program, an Eligible Referred Friend agrees that Dynadot may share such information with the Eligible Referrer. Program participants agree to not use the Referral Email system to transmit spam or any other communication that is unrelated to this Program or that is not for the purpose of promoting Dynadot's services, as determined in Dynadot's sole discretion. Dynadot is not responsible for any incorrect or inaccurate information supplied by customers or referred friends while participating in the Program.
All questions or disputes regarding eligibility for the Program, earning of Referral Rewards or credits, or a customer's compliance with these Terms and Conditions will be resolved by Dynadot in its sole discretion. Any such inquiries should be directed to firstname.lastname@example.org.
Any Referral Rewards or credits are net of taxes and you must pay any applicable taxes.
This Program is void where prohibited by law. This Program and these Terms and Conditions are subject to all applicable federal, state and local laws and regulations.
If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms and Conditions, which will otherwise remain in full force and effect.
This Program and these terms and conditions will be interpreted, construed, and enforced in all aspects in accordance with the laws of the State of California, without giving effect to any principles of conflicts of laws.
Limitation of Liability & Disclaimers
BY PARTICIPATING IN THE PROGRAM, PARTICIPANTS AGREE TO RELEASE, INDEMNIFY, DEFEND, AND HOLD HARMLESS DYNADOT, LLC, AND ALL OF ITS AFFILIATES, CONTRACTORS, SUBSIDIARIES AND EACH OF THEIR RESPECTIVE AGENTS, REPRESENTATIVES, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, EMPLOYEES AND ASSIGNS (COLLECTIVELY, "RELEASEES") FROM AND AGAINST ANY INJURIES, LOSSES, DAMAGES, COSTS, EXPENSES, CLAIMS, ACTIONS, AND LIABILITY OF ANY KIND RELATING TO OR ARISING OUT OF YOUR PARTICIPATION IN THE PROGRAM OR ACCEPTANCE, POSSESSION, USE, MISUSE OR NONUSE OF ANY REWARDS OR CREDITS YOU RECEIVE OR BELIEVE YOU SHOULD RECEIVE. THIS LIMITATION OF LIABILITY IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES, COSTS, EXPENSES AND DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION) COMPENSATORY, GENERAL, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; LOSS OR DAMAGE TO PROPERTY; AND CLAIMS OF THIRD PARTIES. TO THE EXTENT THAT THE LAWS OF CERTAIN STATES DO NOT PERMIT THE LIMITATION OR ELIMINATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, OR IF A PARTICIPANT PROVES WITHIN A COURT OF COMPETENT JURISDICTION THAT DYNADOT HAS IMPROPERLY DENIED THAT PARTICIPANT OF REWARDS OR CREDITS, LIABILITY WILL BE LIMITED TO THE EQUIVALENT VALUE OF ONE (1) CENT. BY PARTICIPATING IN THE PROGRAM, PARTICIPANTS WAIVE ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO SUCH MATTERS, INCLUDING A CLAIM OF AMBIGUITY IN THESE TERMS AND CONDITIONS, IN ANY FORUM BEYOND ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED.
PARTICIPANTS AGREE THAT RELEASEES HAVE NOT MADE NOR ARE IN ANY MANNER RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION, CONDITION OR GUARANTEE, WHETHER STATUTORY, EXPRESS OR IMPLIED (INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE), IN FACT OR IN LAW, RELATIVE TO THE PROGRAM OR ANY CREDITS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DYNADOT DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE DYNADOT WEBSITE, AND DYNADOT SHALL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS RELATED THERETO. RELEASEES ARE NOT RESPONSIBLE FOR PRINTING OR TYPOGRAPHICAL ERRORS IN ANY MATERIALS RELATED TO THE PROGRAM; FOR STOLEN, LOST, LATE OR MISDIRECTED CREDITS; OR FOR REFERRALS, TRANSACTIONS AND/OR EMAILS THAT ARE LOST, MISDIRECTED, FAIL TO ENTER INTO THE PROCESSING SYSTEM, OR ARE PROCESSED, REPORTED, OR TRANSMITTED LATE OR INCORRECTLY OR ARE LOST FOR ANY REASON INCLUDING COMPUTER, TELEPHONE, PAPER TRANSFER, HUMAN OR OTHER ERROR; OR FOR ELECTRONIC, COMPUTER, OR TELEPHONIC MALFUNCTION OR ERROR, INCLUDING INABILITY TO ACCESS ANY WEBSITE ASSOCIATED WITH THIS PROGRAM, OR PROCESS ANY TRANSACTION THEREON.