Charlie Banana Referral Program Terms and Conditions
PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU IF YOU PARTICIPATE IN THIS PROGRAM.
BY PARTICIPATING IN THE CHARLIE BANANA REFERRAL PROGRAM (THE “AFFLIATE PROGRAM”) YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS (“TERMS”) STATED HEREIN. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT PARTICIPATE IN THE REFERRAL PROGRAM. CHARLIE BANANA AND/OR ONE OF ITS REFERRALS (“CHARLIE BANANA”) RESERVE THE RIGHT TO MODIFY OR TERMINATE THE REFERRAL PROGRAM AT ANY TIME AND IN ANY MANNER, IN WHOLE OR IN PART, AS OUTLINED BELOW, EVEN THOUGH SUCH CHANGES MAY AFFECT THE REFERRAL PROGRAM AND BENEFITS RECEIVED. ANY CHANGES OR MODIFICATIONS WILL BE EFFECTIVE IMMEDIATELY UPON POSTING THE REVISIONS TO WWW.CHARLIEBANANA.COM AND YOU WAIVE ANY RIGHT YOU MAY HAVE TO RECEIVE SPECIFIC NOTICE OF SUCH CHANGES OR MODIFICATIONS. YOUR PARTICIPATION IN THE REFERRAL PROGRAM CONFIRMS YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND ANY SUCH CHANGES OR MODIFICATIONS; THEREFORE, YOU SHOULD REVIEW THESE TERMS AND CONDITIONS FREQUENTLY TO UNDERSTAND THE TERMS AND CONDITIONS THAT APPLY TO THE REFERRAL PROGRAM. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MUST STOP PARTICIPATING IN THE REFERRAL PROGRAM.
- Eligibility. Participation in the Referral Program is only open to individuals who are legal residents of the fifty (50) United States and the District of Columbia, and Puerto Rico, who are the age of majority in the jurisdiction that they live as of the date of enrollment and have the capacity to enter into a binding contract. The Referral Program is void elsewhere and where prohibited. Corporations or other entities or organizations of any kind are not eligible for participation in the Referral Program.
- How the Program Works. Beginning 5:00 a.m. EDT December 13, 2021 and ending 11:59:59 p.m. EST on June 30, 2023, an individual can use the Charlie Banana website or mobile application (“Platform”) and follow the on-screen instructions to refer friends, family members or colleagues whom they personally know (“Friends”). Once an individual makes a referral, the individual becomes a “Referrer” and will be provided with a unique referral link code (“Referral Code”) that allows the Referrer to receive the benefit or reward advertised on the Platform, as applicable. Referred Friends must complete a purchase as described in the referral message.
- Rewards. By making a Valid Referral (defined below), you will receive a reward (“Reward”) to be used subject to the restrictions set forth below. In order to qualify as a “Valid Referral”, your Friend must not be an existing CHARLIE BANANA consumer and must be a first-time purchaser of CHARLIE BANANA products as a result of your referral. Rewards are subject to verification. CHARLIE BANANA may delay a reward for the purposes of investigation. CHARLIE BANANA may also refuse to verify and process any transaction or Reward redemption for any reason.
Unless otherwise stated, Rewards have no monetary value and may not be redeemed for cash. They are not transferable and may not be auctioned, traded, bartered, or sold.
- Restrictions. Referrers cannot refer themselves or create multiple, fictitious, or fake accounts with CHARLIE BANANA. Referrers may only refer a maximum of 1 Friend per household throughout the entirety of the Program. Any attempt to refer more than one Friend from the same household is void and subsequent Rewards are forfeited. No Referrer may use the Referral 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 Referral Program. In addition, you may not (i) tamper with the Referral 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 Referral Program. This includes but is not limited to a general prohibition on posting of the referral codes on any website which offers the referral code to anyone other than Friends, i.e. individuals to whom you personally know. If CHARLIE BANANA believes that a Referral Code associated with a Referrer’s account was used in such a manner, we have the right to remove all credit associated with that account and remove the Referrer from the Charlie Banana Platform and Referral Program. CHARLIE BANANA reserves the right to invalidate Rewards, if it determines, in its sole discretion, that such Rewards were improperly credited to a Referrer, or were obtained fraudulently, or are otherwise in violation of these Terms. CHARLIE BANANA reserves the right to require proof of accrual of Rewards and reserves the right to delay the processing or redemption of any Rewards without notice, in order to assure compliance with these Terms. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE REFERRAL PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, CHARLIE BANANA RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
- Liability. CHARLIE BANANA WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (A) ANY USE OF THE REFERRAL PROGRAM, (B) ANY FAILURE OR DELAY BY CHARLIE BANANA IN CONNECTION WITH THE REFERRAL PROGRAM (INCLUDING, WITHOUT LIMITATION, THE USE OF, OR INABILITY TO USE, ANY COMPONENT OF THIS REFERRAL PROGRAM); OR (C) THE PERFORMANCE OR NON PERFORMANCE OF THE REFERRAL PROGRAM BY CHARLIE BANANA, EVEN IF CHARLIE BANANA HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of your registration information, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. If, despite the limitation above, CHARLIE BANANA is found liable for any loss or damage which arises out of, or is in any way connected with, any of the occurrences described in the limitation above, then its liability will in no event exceed, in total, the sum of US $100.00. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU.
- Disclaimer of Warranties. CHARLIE BANANA MAKES NO WARRANTY OF ANY KIND REGARDING THE REFERRAL PROGRAM, WHICH IS PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. CHARLIE BANANA EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT ITS REFERRAL PROGRAM WILL BE ERROR-FREE. CHARLIE BANANA FURTHER DISCLAIMS ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS AND TIMELINESS OF ANY CONTENT OR INFORMATION DISTRIBUTED WITH RESPECT TO THE REFERRAL PROGRAM. CHARLIE BANANA EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THIS WARRANTY DISCLAIMER MAY BE LIMITED IN ITS APPLICABILITY TO YOU.
- 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. 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 removal from the Platform and further legal action. CHARLIE BANANA has no obligation to monitor the Program or any communications; however, CHARLIE BANANA may choose to do so and block any chat messages, remove any such User Generated Content, or prohibit any use of the Program. Referrers who do not comply with the law, including anti-spam laws, are obligated to indemnify CHARLIE BANANA against any liabilities, costs and expenses it incurs as a results of such spam.
- Conditions of Use. CHARLIE BANANA shall have no liability for any printing, production, typographical, mechanical or other errors in the Rewards distributed by CHARLIE BANANA or its agents, for any delay or failure to credit Rewards.
CHARLIE BANANA reserves the right to invalidate Rewards from a Referrer with notice if it determines in its sole discretion that such Reward was improperly credited or was obtained fraudulently or otherwise in violation of these Terms. CHARLIE BANANA reserves the right to require proof of Friends’ purchases and CHARLIE BANANA reserves the right to delay the processing or redemption of any Reward without notice, in order to assure compliance with these Terms.
Rewards do not constitute property, do not entitle a Member to a vested right or interest, and have no cash value. As such, Rewards are not redeemable for cash, transferable, or assignable for any reason. The sale, barter, transfer, or assignment of any accumulated Rewards, other than by CHARLIE BANANA, is strictly prohibited. Any Rewards which CHARLIE BANANA deems in its sole discretion to have been transferred, sold, bartered, or assigned in violation of these Terms may be confiscated and/or canceled.
Participation in the Referral Program is subject to these Terms, as well as policies and procedures that CHARLIE BANANA may adopt or modify from time to time. Any failure to abide by these Terms or any policies or procedures implemented by CHARLIE BANANA, any conduct detrimental to CHARLIE BANANA, or any misrepresentation or fraudulent activities in connection with this Referral Program, or failure to act in a manner consistent with federal, state, provincial, or local laws, regulations or ordinances, may result, in addition to any rights or remedies available to CHARLIE BANANA in law or equity, in the termination of membership in the Referral Program, as well as forfeiture of any Rewards accrued to date, and any other benefits earned in connection therewith, in CHARLIE BANANA's sole discretion.
Referrers shall not use the Platform for any other purpose, including to make any speculative, false, or fraudulent reservations or Reward redemptions.
- Right to Cancel, Modify or Terminate. We reserve the right to cancel, modify or terminate the Program at any time for any reason. We reserve the right to disqualify any User at any time from participation in the Program if we have a good faith belief that he/she has violated any of these Terms.
- Taxes. Determination and payment of tax liability on rewards, including income tax, if any, are the sole responsibility of Referrer.
12. Acts Beyond CHARLIE BANANA Control. The failure of CHARLIE BANANA to comply with the Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state, provincial or local governmental authorities, or for any other reason beyond the reasonable control of CHARLIE BANANA, shall not be deemed a breach of the Terms.
13. Governing Law and Consent to Jurisdiction. The laws of the State of Ohio, without regard to its conflict of laws principles, will govern these Terms, as well as Referrers’ and CHARLIE BANANA’s observance of them. If you take any legal action relating to your use of this Referral Program or these Terms, you agree to file such action only in the state or federal courts located in Hamilton County, Ohio.
14. No Waiver. CHARLIE BANANA's failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by CHARLIE BANANA in writing.
15. Captions. The headings in these Terms are for your convenience and reference. These headings do not limit or affect these Terms.
16. Complete Agreement. These Terms, together with those items made a part of these Terms by reference, make up the entire agreement between CHARLIE BANANA and Referrers relating to the Referral Program, and replaces any prior understandings or agreements (whether oral or written) regarding the Referral Program. If a court finds any of these Terms to be unenforceable or invalid, those term(s) will be enforced to the fullest extent permitted by applicable law and the other Terms will remain in full force and effect.