Savings Program Terms and Conditions

Updated: August 24, 2021

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.

Advocate Eligibility

An Advocate is eligible to participate in the Kiwi Lane Savings Program when they meet the following eligibility requirements:

Must be at least 18 years old.
Must be a United States Resident.
Must have a kiwilane.com account, which has placed and completed its first order with a minimum value of $1.00, and which has remained active for a minimum of (30) thirty days after the first order was placed.
Must not be an employee of the Company, or its subsidiaries, including immediate family and household members.
Must not be a Kiwi Lane Creative Partner.

Advocate Opt-in

Eligible Advocates must opt-in to participate in the Kiwi Lane Savings Program by submitting the Savings Program Opt-In Form at www.kiwilane.com/savingsprogram.

Earning Rewards

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.

Eligible Referrals

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:

Must be at least 18 years old.
Must be a United States resident.
Must not be an Advocate.
Must not be a Kiwi Lane Creative Partner.
Must be a new kiwilane.com account.
Must be a first-time online customer.
Must not have any other accounts with Kiwi Lane.

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.

Privacy

Advocate Personal Information

(a) be bound by these Terms and Conditions, the decisions of the Company and their designees, and the Privacy Policy of the Company; (b) defend, indemnify, release and hold harmless the Company, and its or their respective parent companies, affiliates and subsidiaries, together with their respective employees, directors, officers, licensees, licensors, shareholders, 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, actions, 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 Reward).

Referral Email Addresses

When an Advocate enters any email address into the Savings Program Email Referral Form, the Advocate represents that he/she has a personal relationship or their prior consent. Email addresses entered will be anonymized to comply with the GDPR requirement that consent be given before personal data is stored.

Liability

By Participating In The Program, Advocates Agree To

Eligible online customers who opt-in to participate in the Program must necessarily submit personal information about themselves such as name and email address information. Any personal information collected will be processed and used in accordance with Company’s Privacy Policy, which can be found at https://kiwilane.com/legal/privacy-policy. In addition, personal information may be used by Company to contact Advocates with regards to their participation in the Program and to receive communications from Company.

Company Shall Not Be Liable For

(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.

Disclaimer Of Warranties

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.

Limitation Of Liability And Indemnification

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.

Conduct

If a solution cannot be found to restore the integrity of the Program after the occurrence of prohibited conduct, we reserve the right to cancel, change, or suspend the Program.

Prohibited Conduct, Generally

Advocates agree not to use the Program to: (a) violate applicable law (i) infringe the intellectual property rights of the Company, its Service Provider or any third parties, (ii) stalk, harass, or harm another individual, (iii) collect or store personal data about other Advocates, (iv) impersonate any person or otherwise misrepresent Advocate’s identity, (v) interfere with, disrupt or violate the Terms and Conditions or servers or networks connected to the Program, (vi) or disobey any requirements, procedures, policies, or regulations of such networks, (vii) interfere with another Advocate’s use of the Program, (viii) attempt to gain unauthorized access to the Program, other accounts, computer systems, or networks connected to the Program, (ix) transmit any file that contains viruses, worms, Trojan horses, or any other contaminating or destructive features, (x) conduct any illegal activity or solicit the performance of any illegal activity or other activity that infringes the rights of others, (xi) resell, barter, trade, auction or otherwise generate income by providing access to the Program to others.

Fraudulent And Suspicious Behavior

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.

Suggestions and Submissions

The Company appreciates hearing from Advocates and welcomes your comments regarding the Program. Please be advised, however, that the Company does not accept or consider creative ideas, suggestions, inventions, or materials (“creative ideas”) other than those which we have specifically requested. While the Company values your feedback on the Program, please be specific in your comments and do not submit creative ideas. If, despite this request, you send the Company creative ideas, they: (a) shall own, exclusively, all now known or later discovered rights to the creative ideas; (b) shall not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any creative ideas; and (c) shall be entitled to unrestricted use of the creative ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.

Sign-in Credentials

To see the personal Company “Refer-a-Friend” page or account or to use the Program, Advocate will need to sign in with their credentials. Advocates are responsible for maintaining the confidentiality of their sign-in credentials and are fully responsible for all activities that occur through the use of them. Advocates agree to notify the Company immediately if they believe the confidentiality of their sign-in credentials has been compromised or if they suspect unauthorized use of their account. Advocates agree that the Company will not be liable for any loss or damage arising from unauthorized use of their credentials.

Applicable Law; Arbittration; Class Waiver; and Waiver of Jury Trial

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.

General Terms

These Terms constitute the entire agreement between Advocates and the Company concerning Advocates’ use of the Program. The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. The section titles in these Terms are for convenience only and have no legal or contractual effect. A person who is not a party to these Terms shall have no right to enforce or receive the benefit of any of these Terms.

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