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Refer-a-Friend Terms & Conditions
Refer-A-Friend Terms and Conditions
Effective:
November 23, 2005
These terms and conditions
apply to Dynadot's Refer-A-Friend program ("Program"). By referring a friend, purchasing
services, or otherwise participating in the Program, the referring customer
and/or referred friend, as the case may be, agree to be bound by these terms
and conditions, the Dynadot Service Agreement, and Privacy Policy.
Program Period
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
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.
Referral Rewards may not be
sold, transferred, assigned, redeemed for cash, or combined with any other
offer, discount, or promotion.
Referral Rewards are not transferable upon death, as part of a domestic
relations matter, or otherwise by operation of law. Referral Rewards may not be applied retroactively to prior
purchases. The awarding and use of
Referral Rewards are subject to the Dynadot Service Agreement, and any other
policies or terms of use set forth by Dynadot. The use of Referral Rewards is also subject to current
prices, limitations, and terms as set forth on the Dynadot website at http://www.dynadot.com.
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.
By participating in this
Program, you agree to Dynadot's collection, use, and disclosure of any personal
information you may submit for the purposes of administering the Program and
Referral Rewards, set forth in these Terms and Conditions, and set forth in our
Privacy Policy. To learn
additional information on how the personal information collected in connection
with the Program may be used, individuals should refer to the Dynadot Privacy
Policy, located at http://www.dynadot.com/privacy_policy.html. The terms of the Dynadot Privacy Policy
are incorporated herein by reference.
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 info@dynadot.com.
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.
Governing Law
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.
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