Referral Program Terms (EEA)
Last Updated: July 24, 2024
These Referral Program Terms, established between you and Incard, outline and regulate your participation in the Incard Referral Program. This program allows eligible users to refer potential customers to Incard through a Referral Link.
The Terms, along with our Privacy Policy, General Services Agreement and any other terms and conditions that apply to our services or the services provided to you by any of our partners, form a legal agreement between you, the legal person represented by an authorised representative (“you” and “your”), and Incard Europe Limited (“Incard”, “we”, “us”, “our”).
Your participation is subject to these terms and conditions. Capitalized terms used in these Rewards Terms have the meanings provided in the Defined Terms below, or as defined in the General Services Agreement.
We may update or revise these Referral Program Terms by posting the latest version on our website.
1. Your Eligibility
To be eligible to participate in the Referral Program you must abide by these Referral Program Terms and be an individual who is at least 18 years old and legally permitted to receive Referral Credits.
You are prohibited from participation in the Referral Program if:
you were a User on a Incard Account that was terminated by Incard for any reason;
you are legally or contractually prohibited from receiving Referral Credits;
Incard determines that you violated any provision of these Referral Program Terms, guidelines related to the Referral Program, or other agreement you have with Incard.
2. Steps To Become Our Brand Advocate
To become a Brand Advocate, you must submit an application through our program on the Incard website affiliation page.
Upon approval of your profile, at Incard’s discretion, you will be provided with:
A unique affiliate link;
The commission amount applicable for each eligible referral;
Any additional benefits or advantages associated with your affiliate link, either for you or for the referee;
The definition of Active User.
You may then share your link on your website, blog, social media platforms, videos, and other approved channels as frequently as you wish - respecting the Restrictions defined in these Terms.
3. Eligible Referrals
If you are permitted to participate in this Referral Program, you will receive a Referral Link to share with potential Incard customers. For a referral to be valid, the referred individual or entity must use your Referral Link. Incard reserves the right to approve or reject applications from referrals based on criteria it deems appropriate, whether or not such criteria are publicly disclosed. A referral will be considered valid as soon as the Referee qualifies as an Active User, as defined separately by Incard, at the time you are approved as a Brand Advocate.
Referrals will not be eligible for Referral Credits if they have previously attempted to open an Incard account, engaged in activities listed on the Prohibited Activities List, or failed to meet our approval criteria. If a referral is submitted by another referrer, you will only receive Referral Credits if your Referral Link is associated with the application that is approved by Incard.
4. Referral Links and Referral Credits
Referral Links may only be used by you in conjunction with this Referral Program. You may not transfer them to a third party or sell or attempt to sell them. Incard may limit access or use of Referral links, or establish maximum Referral Credits, at any time and in its sole discretion. Incard owns all rights in Referral Links and any content or intellectual property associated with it. Incard will provide any earned Referral Credits to you in a manner stated on your referral page (for example, as points attributed to your Incard Account or as a gift card). Incard may withhold Referral Credits that you are otherwise entitled to if we believe that you breached these Referral Program Terms or other agreements with Incard, if you engaged in activity that was illegal or fraudulent, or if we determine that a Referral Credit was provided to you erroneously. You are responsible for all taxes arising from or related to Referral Credits you receive. Incard will not report any income or earnings related to Referral Credits to taxing authorities except where required under law.
5. Restrictions
As part of this Referral Program, you agree to:
Not represent yourself as an employee or agent of Incard, nor suggest any affiliation or partnership with Incard, or claim to be authorized to speak on behalf of Incard.;
Not send unsolicited messages through any medium (email, phone, fax, social media, etc.), nor use automatic dialing apps, scripts, or bots to send messages to third parties. You will always comply with applicable laws.
Always send Referral Links as your true self, without impersonating or claiming to represent real or fictitious third parties, and avoid engaging in any actions that may be considered unfair, deceptive, or abusive acts or practices (UDAAP) or fraud.
Not create or use Referral Links in any context that violates individual rights, promotes violence, hate, or discrimination, or is obscene or offensive.
Not use the name "Incard" or the Incard logo in any public advertising or marketing unless expressly permitted to do so by Incard in writing.
Not infringe upon the privacy or intellectual property rights of third parties.
Violation of this section will result in your termination from the Referral Program and forfeiture of any Referral Credits that you have not already received.
6. Termination
These Referral Program Terms are effective as of the time you first send or generate a Referral Link and will terminate upon Notice by either you or Incard to the other party. Incard may terminate these Referral Program Terms upon Notice to you at any point in time.
7. Other Legal Terms
These Referral Terms are incorporated into the General Services Agreement and are governed by the same laws. Incard's maximum liability to you for direct damages under these Referral Program Terms is limited to the total Referral Credits paid or payable to you in the preceding three-month period. Incard is not liable for consequential, indirect, special, or punitive damages, or for lost profits or revenue, whether or not you have informed us of their possibility. This limitation applies regardless of the legal theory on which your claim is based. Incard may modify these Referral Program Terms at any time by posting an updated version on our Referrals page.
8. Entire Agreement
These Referral Program Terms constitute the entire understanding between you and Incard regarding the subject matter described herein and will be supplemented by your acceptance email from Incard upon approval to participate in the Referral Program. No other agreements, representations, or warranties shall be binding unless expressly stated in these Referral Program Terms or the acceptance email, and any additional agreements must be in writing and signed by both the Company and Incard.
9. Defined Terms
Capitalized Terms in these Incard Referral Terms will have the meaning provided in the Platform Agreement or as defined below:
Active Users as defined in your referral acceptance email.
Acceptance Email means the official email communication sent to you by Incard approving your application and confirming the (a) your affiliation link, (b) the commission amount applicable to each valid referral, (c) the definition of an Active User.
Platform Agreement means the Incard General Service Agreement.
Referral means a company that has not previously submitted an application for an Incard Account and submits an application for an Incard Account using your Referral Link.
Referral Program Terms means these Incard Referral Program Terms as amended from time to time.
Referral Credit means a monetary amount (such as real cash, gift card or other monetary credit) or other benefit conferred by Incard (such as a credit of points to a Incard Account) for a Successful Referral.
Referral Link means a URL provided by Incard to you that can be provided by you to companies that you wish to refer to Incard.
Referral Program means the Program described on our website as governed by these Referral Terms.
Successful Referral means a Referral meets the criteria specified in these Referral Terms and has an application approved by Incard.
Third-Party Referrers means third parties that are not affiliated with an Incard Account that participate in the Referral Program. And “you” means the natural person executing this agreement or providing Referrals to Incard.
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