Susan BudgeCreative Partner
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Kiwi Lane (“we”, “Kiwi Lane” or “Company”) offers qualified online customers (Advocates) the opportunity to earn rewards when they refer someone to try Kiwi Lane products and services for the first time through the Kiwi Lane Savings Program (“Program”, “Savings Program”, or “Kiwi Lane Savings Program”). We reserve the right to terminate this Program at any time for any reason.
Advocates are bound by these Terms and Conditions when they opt-in to participate in the Program. By participating in the Program, Advocates agree to use the Program in the manner specified in these Terms and Conditions. If they do not agree to these Terms and Conditions in their entirety they are not authorized to become an Advocate or participate in the Program in any manner. Advocates may not participate in the Program where doing so would be prohibited by any applicable law or regulations.
We reserve the right, at any time, to modify or amend these Terms and Conditions and/or to disqualify any Advocate from participation in the Kiwi Lane Savings Program if he/she does not comply with any of these Terms and Conditions.
An Advocate is eligible to participate in the Kiwi Lane Savings Program when they meet the following eligibility requirements:
An Advocate who has opted-in and is fully compliant with these Terms and Conditions will be assigned a new unique referral coupon for each day they share a Savings Program offer or promotion. Because of this, an Advocate may have many unique referral coupons active at any given time.
An Advocate may receive one Referral Reward for every Eligible Referral who completes their first order using that Advocate’s unique referral coupon. Any additional or subsequent purchases made by an Eligible Referral after their first order will not generate a Referral Reward.
Referral Rewards are equal to 20% of the subtotal from each Eligible Referral’s first order. Referral Rewards are paid as Kiwi Lane Product Points and are subject to all Kiwi Lane Product Point rules, restrictions, and exclusions.
Advocates must respect the spirit of the Program by only referring real individuals who meet the requirements of these Terms and Conditions. Advocates cannot refer themselves. For example, an Advocate may not create multiple or fake accounts with Kiwi Lane or participate in the Program using multiple or fake email addresses or identities.
A Savings Program offer or promotion shared by an Advocate can be used only one time, on the first non-zero-dollar order placed by a new, first-time online customer who has not previously used a Savings Program discount or offer, and who meets the following eligibility requirements:
The Company may delay a Referral Reward for the purposes of investigation. They may also refuse to pay out any Referral Reward the Company deems, in its sole discretion, to be fraudulent, suspicious, in violation of these Terms and Conditions, or believes will impose potential liability on Company, its subsidiaries, or any of their respective officers, affiliates, directors, employees, representatives and agents. All of the Company’s decisions are final and binding.
(a) late, lost, delayed, stolen, misdirected, incomplete, unreadable, inaccurate, unreliable, garbled or unintelligible entries, communications or affidavits, regardless of the method of transmission; (b) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (c) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (d) any injuries, losses or damages of any kind resulting from acceptance, possession or use of a Referral Reward, or from participation in the Program, that were not reasonably foreseeable to the Company at the relevant time; (e) any printing, typographical, administrative or technological errors in any websites or materials associated with the Program; or (f) claims, demands, and damages in disputes among Advocates of the Program.
The Company disclaims any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with the Program, and reserve the right, in their sole discretion, to cancel, modify or suspend the Program should a virus, bug, computer problem, unauthorized intervention or other causes beyond the Company’s control, corrupt the administration, security or proper play of the Program.
The Company shall not be liable to any Advocate for failure to supply any Referral Reward 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.
The Company reserves the right to cancel or suspend the Program should it determine, in its sole discretion, that the administration, security or fairness of the Program has been compromised in any way.
Advocates expressly understand and agree that: (a) your use of the program is at your sole risk, the program is provided on an “as is” and “as available” basis and the company expressly disclaims all warranties, conditions and terms (collectively, “promises”) of any kind, whether express or implied by statute, common law or custom, including, but not limited to, warranties as to products or services offered through the use of the program, implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, and non-infringement; (b) the company makes and gives no warranty that (i) the program will meet your requirements, (ii) be uninterrupted, timely, secure, or error-free, (iii) The results obtained from the use of the program will be accurate or reliable, (iv) the quality of any products, services, information, or other material obtained by you through the program will meet your expectations, and (v) any errors in the service will be corrected; and (c) any material downloaded or otherwise obtained through the use of the program is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from the download or use of any such material.
You expressly understand and agree that the company, including any vendors and service providers associated with or assisting in providing the program, shall not be liable to you for any direct, indirect, incidental, special, consequential, or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the company was advised of the possibility of such damages), resulting from: (a) the use or the inability to use the program; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services obtained or messages received or transactions entered into through, from, or as a result of the program; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party on or through the program; or (e) any other matter relating to the program. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. accordingly, some of the above limitations in this paragraph may not apply to you. To the fullest extent possible by law, the company’s, including any vendors and service providers, maximum liability arising out of or in connection with the program, regardless of the cause of action (whether in contract, tort, breach of warranty, or otherwise), will not exceed $100. Users should use the Program at their own risk.
The Company may prohibit an Advocate from participating in the Program or receiving Referral Rewards, in their sole discretion, if they determine such Advocate 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 of intending to annoy, abuse, threaten or harass any other users or representatives of the Company. Use of any automated system, script, or macro to participate is strictly prohibited and will result in disqualification.
Users may not enter with multiple or fake emails addresses or accounts, use fictitious identities or use any system, bot or other device or artifice to participate in the Program or receive a Referral Reward. The Company reserves the right to disqualify any Advocate and/or cancel any Referral Reward(s) if they find an Advocate to be tampering with the entry process or the operation of the Program or violating these Terms and Conditions.
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, THE COMPANY RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
Any and all disputes, claims and causes of action arising out of or related to the Program or any Referral Reward shall be resolved under Idaho law (without reference to its conflicts of laws principles), and participants in the Program agree to submit any dispute to the exclusive jurisdiction of the state and federal courts located in Canyon County, Idaho.
Participants and the Program Entities agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the online platform or Program under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, shall be conducted within Canyon County in the state of Idaho. Participants covenant not to sue the Program Entities in any other forum.
Participants also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to Participants’ use of the Service or this Agreement: · PARTICIPANTS ARE GIVING THEIR RIGHT TO HAVE A TRIAL BY JURY; and · PARTICIPANTS ARE GIVING UP THEIR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.