Referral Program Terms & Conditions Effective Date: November 13, 2020
GENERAL
Subject to these Referral Program Terms and Conditions (“Terms”), the Better Place Forests Co. (“Better Place”) Referral Program (the “Program”) offers eligible referrers (as further described below) (“you” or “Referrer”) the opportunity to have trees planted in your name to support reforestation (“Reforestation Saplings”) by referring friends who (i) are individuals that comply with the eligibility requirements set forth below and (ii) have not previously booked a forest tour or made any purchases from Better Place Forests (“Referred Friend(s)”).
By (i) participating in the Program or (ii) accepting any benefits from the Program, including earning any Reforestation Saplings, you accept these Terms and all terms incorporated by reference as described below. If you do not agree to be bound by these Terms, you may not participate in the Program.
These Terms supplement the terms of Better Place’s Terms of Use Agreement available at https://www.betterplaceforests.com/terms/ (as they may be modified from time to time), which are incorporated herein by reference (“Terms of Use”). In the event of a conflict between these Terms and Better Place’s Terms of Use, these Terms control with respect to the Program.
Participation in the Program and the opportunities to earn Reforestation Saplings are offered at the sole discretion of Better Place and are subject to your compliance with these Terms. BETTER PLACE MAY LIMIT, SUSPEND, OR TERMINATE YOUR ABILITY TO PARTICIPATE IN THE PROGRAM IN ITS SOLE AND ABSOLUTE DISCRETION AT ANY TIME WITH OR WITHOUT PRIOR NOTICE TO YOU.
YOU UNDERSTAND AND AGREE THAT IF YOU PARTICIPATE IN THE PROGRAM AND IT IS PROVIDED TO YOU AS A ‘BETA’ OR ‘TRIAL’ PROGRAM, IT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR PARTICIPATION IN THE PROGRAM IS AT YOUR SOLE RISK.
ELIGIBILITY
Eligibility to participate in the Program as either a Referrer or Referred Friend is open only to individuals who are (i) residents of the 50 United States, the District of Columbia, and Canada (except Quebec) and (ii) at least eighteen (18) years of age at the time of participation (or the local age of majority in the jurisdiction where the participant resides, if higher than 18). Referrers must receive an invitation from Better Place to be eligible to participate in this Program.
The Program is not open to residents of Quebec, jurisdictions other than those stated above, or any jurisdiction where the Program would be restricted or prohibited by law.
HOW TO PARTICIPATE
To participate as a Referrer, follow the instructions provided by Better Place. If you elect to use the email form to send a referral message, Better Place will send a referral message to each Referred Friend. By providing your Referred Friend’s contact information to Better Place, you represent and warrant that (i) he or she is an individual who is at least eighteen (18) years of age at the time of participation (or the local age of majority in the jurisdiction where he or she resides, if higher than 18) and (ii) you have received prior consent from such Referred Friend to provide his or her name and contact information to Better Place for the purposes of receiving referral e-mails from Better Place. You agree to indemnify and hold harmless Better Place for any claims or other liability arising from your breach of the foregoing representation.
Each Referred Friend who books a tour of a forest through a Referrer’s personalized link (“Personal Link”) will receive 10 Reforestation Saplings. The limit is 10 Reforestation Saplings per Referred Friend for booking a tour, regardless of number of tours booked by such Referred Friend.
If a Referred Friend uses a Referrer’s Personal Link to make his or her first purchase from Better Place (“Qualifying Purchase”), the Referrer will earn 100 Reforestation Saplings and the Referred Friend will receive a discount of 15% (“Referral Discount(s)”) off his or her Qualifying Purchase.
If you are a Referred Friend, your Referral Discount will be automatically applied to your order when you click through an active Referrer’s Personal Link. Referral Discounts cannot be combined or “stacked” with any other discounts or promotions, promotional links, or credits.
Referral Discounts and Reforestation Saplings will be valid if a Referred Friend clicks through a Referrer’s Personal Link to book a tour or make a first Qualifying Purchase. If a Referred Friend does not click through a Referrer’s Personal Link to book a tour or make a first Qualifying Purchase, the benefits of this Program will not apply. Exceptions may be made only on a case-by-case basis in Better Place’s sole discretion.
Referral Discounts and Reforestation Saplings are promotional in nature, are not transferable, have no cash value, and cannot, under any circumstances, be redeemed for gift cards, cash, or any cash equivalent.
The Program is intended only for your personal, noncommercial use and for engaging your warm network of friends, family members and personal connections. The Program cannot be used by businesses or for affiliate lead generation or similar purposes, as determined in Better Place’s sole discretion. The sharing of a Personal Link outside of your warm network of personal connections is strictly prohibited.
Better Place is not liable for referrals sent to suspended or terminated or inaccurately entered contact information.
Without notice to you, Better Place reserves the right to deactivate Personal Links that have not had any activity for one (1) year.
RESTRICTIONS
You agree that you will always tell your Referred Friends that you will receive a reward from Better Place in connection with their first Qualifying Purchase. You agree that you will not make any misrepresentations concerning Better Place or the Program. You acknowledge that Better Place may change the Program at any time in its discretion, and therefore you shall not represent that any terms or benefits of the Program (e.g., amount of Reforestation Saplings you can earn, expiration date) are permanent or will not change.
You agree that you will only distribute your Personal Link free of charge. You may not sell, trade, or barter any benefits you obtain from this Program under any circumstances. You may not pay or provide anything of value to a Referred Friend or any other third party to obtain benefits under this Program.
In the event that multiple persons claim credit for a particular referral, the records on Better Place’s systems will determine which person earned such referral and Better Place’s decisions will be final and binding. Better Place reserves the right to not issue any Reforestation Saplings for a referral if, for any reason, it cannot reliably determine that a Referred Friend’s tour booking or purchase resulted from a particular Referrer’s referral.
You may not post or promote your Personal Link on Better Place’s social media pages or on coupon sites or other websites created to take advantage of referral or affiliate traffic generated from individuals searching for coupons, as determined by Better Place in its sole discretion. Any distribution of your Personal Link that could constitute "spam" under any applicable law or regulation is expressly prohibited. Better Place reserves the right to deactivate any Personal Links distributed through unauthorized channels and to revoke all related Referral Rewards and Referral Discounts.
You agree to at all times remain compliant with all social media platform terms and conditions and all applicable laws, including the CAN-SPAM Act of 2003 and the Telephone Consumer Protection Act of 1991. You agree not to create or use any script, program, bots, automatic dialers, or other automated systems to facilitate the sending of invitations or communications relating to the Program to any person.
A Referrer may earn a maximum of 100 Reforestation Saplings per Referred Friend, regardless of the number of purchases that your Referred Friend makes through Better Place. To receive more Reforestation Saplings, a Referrer must introduce multiple Referred Friends who make a Qualifying Purchase using his or her Personal Link.
You cannot refer yourself to earn Reforestation Saplings. Referred Friends who share your contact information will not generate Reforestation Saplings.
Purchases by Referred Friends who have previously made a purchase from Better Place under any name, contact information, or alias also DO NOT count as Qualifying Purchases and will not earn Reforestation Saplings and Referral Discounts will not apply.
Better Place reserves the right, in its sole discretion, to deactivate any Personal Links (and void all associated Reforestation Saplings earned and associated Referral Discounts) which it deems, in its sole discretion, to be used in violation of these Terms or in association with content that Better Place deems offensive or inappropriate in its sole discretion. Without limiting the foregoing, such content includes all forms of pornography, obscenity, indecent language and content that incites hate, is demeaning, disparages or damages the goodwill, reputation, or brand image of Better Place, or incites or endorses discrimination in any form.
ADDITIONAL TERMS Referrals, Referral Discounts, and Reforestation Saplings earned may not be combined among participants or conveyed by any means to anyone, including upon death through a Program participant’s estate, as part of a divorce or domestic relations matter, or otherwise.
Any Qualifying Purchases that cannot be verified to the satisfaction of Better Place are subject to adjustment, cancellation, disqualification, or revocation at our sole discretion.
Better Place will not be liable for the failure of any referral to be sent, Personal Link malfunction, or Referral Discounts or Reforestation Saplings to be accurately issued for any reason, including, but not limited to, any technical malfunction or other problems relating to any network, computer system, servers, access providers, computer equipment or software.
Better Place reserves the right, in our sole and absolute discretion, to (i) investigate, cancel, invalidate, and revoke any referral messages, Referral Discounts, Personal Links, or Reforestation Saplings we deem to have been issued in error, or as the result of any violation of these Terms, Better Place’s Terms of Use, or applicable law or as the result of any actual or suspected fraudulent or improper activity (including without limitation, the use of any system, macro, script, bot or fake email address to manipulate the Program) and (ii) bar further referral messages and Personal Links from being sent on behalf of, and Referral Discounts and Reforestation Saplings from being issued for, any Referrers or Referred Friends associated with any actual or suspected fraudulent or improper activity or violations of these Terms, Better Place’s Terms of Use, or applicable law (whether such actions were performed by Referrer or a Referred Friend). If Better Place has any reason to suspect improper activity associated with your participation in the Program, Better Place reserves the right to delay or withhold the issuance of any related Reforestation Saplings.
In the event that your participation in the Program is terminated, your earned Reforestation Saplings will be voided and you are not permitted to participate in the Program without the prior written consent of Better Place.
Any disputes related to these Terms and the subject matter herein will be resolved pursuant to the dispute resolution terms of Better Place’s Terms of Use. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will remain enforceable and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Any waiver or failure to enforce any provision of these Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. You may not assign any rights or obligations under these Terms, in whole or in part, without the written consent of Better Place. Better Place may freely assign or transfer these Terms. Any assignment or transfer in violation of the foregoing is void. These Terms are the final, complete and exclusive Terms between you and Better Place with respect to the subject matters hereof and supersedes and merges any discussions between you and Better Place with respect to such subject matters. If you are dissatisfied with any aspect of the Program at any time, your sole and exclusive remedy is to cease participating in the Program.
This Program is in no way sponsored, endorsed, administered by, or associated with Facebook. You agree to release Facebook from all claims arising out of, or in connection with, this Program.
RIGHT TO CANCEL PROGRAM AND CHANGE TERMS
BETTER PLACE RESERVES THE RIGHT TO MODIFY AND/OR TERMINATE THE PROGRAM AND/OR MODIFY ALL OR ANY PORTION OF THESE TERMS OR ANY POLICY PERTAINING TO THE PROGRAM AT ANY TIME AND IN OUR SOLE DISCRETION, INCLUDING, WITHOUT LIMITATION, THE RIGHT TO DISCONTINUE OR CHANGE ANY PROGRAM BENEFITS OR EXPIRATION DATES AND RELATED LINKS RECEIVED THROUGH THE PROGRAM, MERGE THE PROGRAM WITH ANOTHER PROMOTIONAL PROGRAM, OR TO ADJUST HOW REFORESTATION SAPLINGS ARE EARNED, CALCULATED OR REDEEMED. IT IS POSSIBLE THAT REFERRERS AND REFERRED FRIENDS MAY BE UNABLE TO EARN FURTHER REFORESTATION SAPLINGS OR USE REFERRAL DISCOUNTS AS A RESULT OF FUTURE PROGRAM CHANGES OR IF WE DISCONTINUE THE PROGRAM OR MERGE THE PROGRAM INTO ANOTHER PROMOTIONAL PROGRAM. IF WE MAKE CHANGES, WE WILL POST THE AMENDED TERMS TO OUR WEBSITE AND UPDATE THE “EFFECTIVE DATE” ABOVE. WE MAY ALSO ATTEMPT TO NOTIFY YOU IN OTHER WAYS. UNLESS WE SAY OTHERWISE, THE AMENDED PROGRAM TERMS WILL BE EFFECTIVE IMMEDIATELY AND YOUR CONTINUED PARTICIPATION IN THE PROGRAM AFTER THE AMENDED TERMS ARE POSTED WILL CONFIRM YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO THE AMENDED PROGRAM TERMS, YOU MUST STOP PARTICIPATING IN THE PROGRAM.
QUESTIONS?
If you have any questions about the Program or these Terms, please contact us at [email protected]
