Referral Program Terms & Conditions
2) These Terms and Conditions constitute an integral part of Terms and Conditions for using GMYLE® Referral Program (hereinafter referred to as: “Terms and Conditions for the Program”). In matters not covered by provisions of these Terms and Conditions, Terms and Conditions for the Program shall be applicable. In the event of any inconsistency between these Terms and Conditions and the Terms and Conditions for the Program, these Terms and Conditions shall govern.
3) By registering as a participant of the Program, advocate (a) agrees to be bound by these Terms and Conditions (b) represents and warrants he/she satisfies all of customer’s requirements provided in Terms and Conditions for the Program.
4) These Terms and Conditions are effective as of the date advocate registers as a participant of the Program.
5) In accordance to these Terms and Conditions, advocate may refer the Program to other potential advocate. For each referral (as defined below) GMYLE® shall pay to advocate a Referral Reward.
6) A Referral must satisfy each of the following criteria:
a) the referred advocate must not be a current or past GMYLE® Referral Program advocate and must register as a GMYLE® Referral Program advocate subject to Terms and Conditions;
b) GMYLE® receives from the referred advocate all due payments in accordance with the Terms and Conditions and none of these payments is reversed or otherwise set aside as a potentially false transaction;
c) the referred advocate must reach GMYLE® Referral Program register page by a link received by advocate through the Program interface;
d) all the foregoing occurs during advocate ‘s period of participation in the Program.
7) An advocate will be rewarded when their referee make the first purchase.
8) A reward will be given out each time an advocate accumulated $10 Referral Rewards.
9) Each referral order should not exceed $200.
10) This cannot be used in conjunction with any other offers. For example, GMYLE® Lab Program & GMYLE® Cashback Reward Program. Otherwise, those orders will be classified as invalid referrals.
11) GMYLE® reserves the right to deny or terminate access to the Program to anyone at any time, in its sole discretion.
12) For each Referral Customer shall receive a cash reward based on actual purchased amount generated by the referred advocate.
13) All payments will pay through PayPal.
14) All amounts referenced or payable under these Terms and Conditions are in U.S. Dollars.
15) Advocate shall provide GMYLE® with valid banking or PayPal account. Advocate is solely responsible ensuring its account information is accurate and current. GMYLE® will not be responsible for any payments not received due to advocate failing to provide accurate and complete account information for payment.
16) GMYLE® reserves the right, in its sole discretion not to pay any cash reward to advocate where GMYLE® determines advocate’s actions are not consistent with the intent of the Program.
17) Advocate shall pay all applicable sales, use, transfer or other taxes and all duties, whether international, national, state, or local, however designated, which are levied or imposed by reason of the transaction contemplated hereby, excluding, however, income taxes on profits which may be levied against GMYLE®. Advocate shall reimburse GMYLE® for the amount of any such taxes or duties paid or accrued directly by GMYLE® as a result of this transaction.
18) All amounts referenced or payable under these Terms and Conditions are considered to be gross amounts (i.e. including all applicable taxes, in particular VAT).
19) Any advocate found creating referee accounts under their own referral link will be automatically banned from the Program, and any and all payout accumulated will be forfeited.
20) Issues with the validity of any referees payment method will result in the automatic forfeiture of payout to advocate.
21) Advocates who purchase items through the Program will be deemed to be customers of GMYLE®. Accordingly, all rules, policies and operating procedures concerning customer orders will apply to those advocates. GMYLE® may change its policies and operating procedure at any time. Prices and availability of GMYLE’s products may vary from time to time.
22) Both advocate and GMYLE®, are entering agreement governed by these Terms and Conditions as independent contractors, and in no way are entering a formal partnership or joint venture. User has no authority to represent GMYLE® on its behalf, make or discuss offers, or act as a representative of GMYLE®.
23) GMYLE® reserves the right, in its discretion, to change, terminate or modify all or any part of the Program or these Terms and Conditions at any time. Changes will not apply retroactively and will become effective immediately after they are uploaded on the Program interface.
24) All amendments or modifications will be binding if advocate continues to participate in Program after modifications to these Terms and Conditions came into force.
25) Either Party may terminate this agreement at any time by providing notice to the other Party. Regardless of the circumstances, such termination shall not give rise to liability.
26) Advocate’s participation in the Program and this agreement are effective as long as customer is registered as a GMYLE® Referral Program advocate.
27) In the event of a termination, advocate will only receive cash rewards that were earned in full for a referral that occurred prior to the effective termination date.
28) EACH PARTY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION FOR NON-INFRINGEMENT, SATISFACTORY QUALITY, MERCHANT-ABILITY AND FITNESS FOR ANY PURPOSE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE PROGRAM AND REFERRAL LINKS ARE PROVIDED “AS IS” AND AT ADVOCATE’S OPTION AND RISK AND GMYLE® DOES NOT GUARANTEE ANY RESULTS.
29) ADVOCATE ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE REFERRAL LINKS OR THEIR PARTICIPATION IN THE PROGRAM. IN NO EVENT SHALL CODEWISE OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, LICENSORS OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF AGREEMENT GOVERNED BY THESE TERMS AND CONDITIONS OR THE REFERRAL PROGRAM, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THE REFERRAL LINKS, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF CODEWISE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.
30) IN ANY EVENT, GMYLE® TOTAL MAXIMUM AGGREGATE LIABILITY UNDER AGREEMENT GOVERNED BY THESE TERMS AND CONDITIONS OR IN RESPECT OF THE USE OR EXPLOITATION OF ANY OR ALL PART OF THE REFERRAL LINKS OR PARTICIPATION IN THE PROGRAM IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO 50 USD.
31) The governing law for this agreement is California, and any litigation will be in Santa Clara County, California.