Refer-a-Friend Terms and Conditions
Purchase necessary. Void where prohibited
[ESET, LLC] (“we”, “ESET”, “our “or “Company”) is offering you (“You”, Referrer,” ”User” and terms of similar meaning) the opportunity to refer friends through our “Refer-a-Friend” Referral Program (“Program”) offered on the web site located at refer.eset.com (the “Site”).
1. Binding Agreement. These Terms and Conditions (“Terms”), together with the documents referred to in them, set out the terms that govern the Program. By using the Site or participating in the Program, you confirm that you agree to these Terms and will comply with them. If you do not agree to these Terms in their entirety you are not authorized to participate in the Program. All of the Company's Terms are final and binding.
2. Privacy. The personal information collected, processed and used as part of the Program will be used in accordance with Company’s Privacy Policy, which is available by link on the Site. https://www.eset.com/us/privacy/ and also for California residents www.eset.com/us/privacy/. Unless you exercise your opt-out rights, ESET will also send you marketing communications. If you do not want to receive these marketing communications, you may exercise your opt-out rights through ESET’s Privacy Policy. Users are responsible for maintaining the confidentially of any sign-in credentials and are fully responsible for all activities that occur through the use of the credentials. Users agree to notify the Company immediately if they suspect unauthorized access to their account. Users agree that the Company will not be liable for any loss or damage arising from unauthorized use of their credentials.
3. How the Program Works.
The Program starts on 12:01:01 am (PT) on 01 November 2021 and ends on 11:59:59 pm (PT) 01 July 2022 (“Program Period”) and is subject to extension at the sole discretion of ESET. Your participation after 11:59:59 pm (PT) 01 July 2022,or such later Program Period end date announced by ESET will not be accepted and will be deemed invalid.
To participate in the Program, visit the Site and select “Refer a Friend.” Users who invite friends to participate in the Program are called “Referrers.” Individuals who receive an invitation to participate in the Program are called “Referees.” To fulfill the requirements of the Program a Referrer, you must be a legal resident of the United States of America and eighteen (18) years of age , (i) follow the on-screen instructions on the Site and t refer friend(s) (“Referee(s)”) who are eighteen (18) years of age or older (ii) share the unique referral link (“Personal Link”) with a Referee as long as the Program is live; (iii) the Referee you shared the Personal Link uses the link and mentions you as the Referrer (iv) the Referee agrees to the Terms and fully completes the referral as described in the referral message, (v) and the Referee purchases an ESET product without returning the product (“Valid Referral”) within thirty (30) days before the Program Period ends, in order for the Referrer and Referee to receive Reward(s).
4. How many referrals can be made.
A Referrer may refer a maximum of twenty-five (25) friends, during each session and a maximum of five hundred (500) times throughout the entirety of the Program Period.
5. Advocate Rewards; Friend Rewards. Rewards have no monetary value and may not be redeemed for cash. A Referrer making a Valid Referral, will receive a Tango Card® gift card (“Advocate Reward”). The value of an Advocate Reward is determined as follows: Ten Dollars ($10.00 USD) gift card for a Valid Referral purchase amount up to Two Hundred Dollars ($200.00 USD); Twenty Five Dollar ($25.00 USD) gift card for a Valid Referral purchase amount over Two Hundred Dollars ($200.00); or Fifty Dollar ($50.00 USD) gift card for a Valid Referral purchase amount over Five Hundred Dollars ($500.00 USD).
A Referrer can earn a maximum of twenty-five (25) Advocate Rewards per year for the entirety of the Program not to exceed Six Hundred Dollars ($600.00 USD). Advocate Rewards will be delivered to Referrer via email within thirty (30) days of a Valid Referral. Rewards are subject to verification. The Company may also refuse to verify and process any transaction for any reason. The Company may delay a reward for the purposes of investigation. Advocate Rewards may be redeemed in various forms in the Company's sole discretion. The redemption of an Advocate Reward is governed by Tango Card’s Terms and Conditions found here at https://redeem.tangocard.com/card/use for more information. An Advocate Reward does not have an expiration date, and it remains valid until redeemed by the Referrer.
The corresponding Referee to the Valid Referral will receive discount (“Friend Reward”). The value of a Friend Reward is a thirty percent (30) discount from Company’s regular selling priced product only (Company “services” not included).
6. Restrictions. You may only use the Program in good faith and in compliance with applicable laws. The following uses are prohibited; and the Company may prohibit you from participating in the Program and refuse to provide you with any Reward if it suspects or determines you have done or attempted to do any of the following: Referrers are prohibited in referring themselves, create multiple, or fictitious and or fake accounts with the Company or participate in the Program as “Friends”. You are prohibited from using the Program to violate any law, infringe or violate the rights of any third party, or otherwise act in a manner that is deemed harassing, harmful, illegal, hateful, obscene or outside the spirit and intent of the Program. In addition, you may not (i) tamper with the Program, (ii) act in an unfair or disruptive manner, or (iii) use any system, bot or other device or artifice to participate or receive any benefit in the Program. CAUTION: ANY ATTEMPT TO DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS. 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.
Employees of the Company or any of its or their subsidiaries, affiliates or promotional agencies are not able to participate.
7. Liability. YOU UNDERSTAND AND AGREE THAT THE RELEASED PARTIES (DEFINED BELOW) 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). By participating in the Program, you agree to defend, indemnify, release and hold harmless the Company, Extole, Inc., as the provider of the referral service, and 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 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 any benefit in the Program. To be clear, the Released Parties shall not be liable for any technical errors or malfunctions, data theft or corruption, any printing or typographical error, or any damage to any computer system resulting from participating in or accessing or downloading information in connection with the Program. The Released Parties shall not be liable to any users for failure to supply any advertised benefit, by reason of any acts of God, any action or request by any governmental or quasi-governmental entity (whether or not valid), or any other activity or action that is beyond any of the Released Parties’ control. TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES’ 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.
8. Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) THE PROGRAM AND ITS RELATED SYSTEM(S) AND PLATFORM(S) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS AND TERMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR CUSTOM, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OFFERED THROUGH THE USE OF THE PROGRAM, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE AND GIVE NO WARRANTY THAT (i) THE PROGRAM WILL MEET YOUR REQUIREMENTS, (ii) THE PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, AND (iii) THE QUALITY OF ANY PRODUCTS, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE PROGRAM WILL MEET YOUR EXPECTATIONS, 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.
9. Bulk Distribution (“Spam”). Each Referrer is the actual sender of the emails and must comply with applicable law. Referrals must be created and distributed in a personal manner that is appropriate and customary for communications with friends, colleagues and family members. By submitting any email address as part of the Program, the Referrer represents that he/she has the appropriate permission and consent of the Referee. Bulk email distribution, distribution to strangers, or any other use of the services described herein in a manner that is not promoted is expressly prohibited and may be grounds for immediate termination from the Program and further legal action. The Company has no obligation to monitor the Program or any communications; however, the Company may choose to do so and block any email messages, remove any such content, or prohibit any use of the Program. If you have received a Personal Link from a website, on social media from a person you do not know, via email from a person you do not know, or in any other fashion from a person you do not know, please be aware that the Personal Link may be invalid and may not work. Referrers who do not comply with the law, including anti-spam laws, are obligated to indemnify the Program Entities against any liabilities, costs and expenses Program Entities incur as a result of such spam.
10. Sign-In Credentials. Users are responsible for maintaining the confidentially of any sign-in credentials and are fully responsible for all activities that occur through their use. Users agree to notify the Company immediately if they suspect unauthorized access to their account. Users agree that the Company will not be liable for any loss or damage arising from unauthorized use of their credentials.
11. Right to Cancel, Modify or Terminate. We reserve the right to change or amend these Terms at any time by revising these Terms which are located at https://www.eset.com/us/terms/refer-a-friend/. We reserve the right to change, modify, alter, amend or terminate the Program (including the amount of the Reward) at any time without notice. Following any change or amendment to these Terms, your continued use of the Site and participation in the Program constitutes your acceptance of the changed or amended Terms and the Program as in force at that time. We reserve the right to disqualify any User at any time from participation in the Program if he/she/they do(es) not comply with any of these Terms.
12. Applicable Law and Jurisdiction for Disputes. The Program is void where prohibited by law and shall be governed exclusively by the laws of the State of California, including all issues and questions concerning the construction, validity, interpretation and enforceability of the Program Terms between Referrer, Referee, and the Company, and procedural provisions, without giving effect to any choice of law or conflict of law rules. Any dispute shall be adjudicated by the courts sitting in the City of San Diego, in the State of California, U.S.A.
13. If you have any questions regarding these Terms or your use of the Site, please contact the Company at: info@rewards.eset.com