Tapita Referral Program

Tapita ("Tapita" or "We") offers brand supporters ("Referrer" or "You") the opportunity to participate in its referral program (the "Program"). We reserve the right to amend or terminate the Program at any time, for any reason. The Program is administered by Tapita.

Referrers are bound by these Terms and Conditions by participating in the Program. By participating in the Program, Referrers agree to use the Program in the manner specified in these Terms and Conditions. If you do not agree to these Terms and Conditions in their entirety, you are not authorized to register as a Referrer or to participate in the Program in any other manner.

Referrers may not participate in the Program where doing so would be prohibited by any applicable law or regulations. We reserve the right to modify or amend at any time these Terms and Conditions and/or the methods through which rewards are earned. We reserve the right to disqualify any Referrers from participation in the Program at any time at our sole discretion, including without limitation if he/she does not comply with any of these Terms and Conditions or otherwise fails to comply with any applicable laws (including, without limitation, through any failure to include any disclosures as required by the FTC or otherwise required by Tapita).

Children

No part of the program is directed to persons under the age of 18. IF YOU ARE UNDER 18 YEARS OF AGE, YOU MAY NOT USE, ACCESS OR PARTICIPATE IN THE PROGRAM AT ANY TIME OR IN ANY MANNER.

A. Program Participation, Generally

• To participate in the Program, Referrers should visit Tapita.com/Refer and follow the on-screen instructions to refer friends or colleagues to the program by entering their contact information in the relevant fields.
• Individuals who receive a referral via a Referrer are "Friends" (or, singly, a "Friend"). An "Eligible" Referrer who is fully compliant with these Terms and Conditions may receive "Reward(s)" for every "Qualified Referral" (all terms in quotes to be understood as defined below).
• By participating in the Program, a Referrer represents that he or she has her Friends’ prior consent to provide their contact information.

B. Eligible Referrer

• To be "Eligible," a Referrer must: Be at least 18 years old.

C. Making a Referral

• A Referrer must register at Tapita.io to make a referral. No previous purchase is required (purchasers and non-purchasers alike are eligible). Once a Referrer refers a Friend, he/she will be provided with a confirmation email and will be contacted if a Qualified Referral is made by the referred Friend within 12 months.
• Referrers must respect the spirit of the Program by only referring real individuals who meet the requirements of these Terms and Conditions. Referrers cannot refer themselves. For example, a Referrer may not create multiple or fake accounts with Tapita or participate in the Program using multiple or fake email addresses or identities.

D. Qualified Referrals

• A "Qualified Referral" means that all the following conditions are met:
• The Friend completed the purchase of Tapita products in one order through provided referral link. If a Friend purchases from or registers with Tapita using any other method, the registration will not count as a Qualified Referral and the Referrer will not earn Credit;
• The Friend had not previously made a purchase with Tapita under any email address or alias; and
• Only one Qualified Referral can be earned for each Friend. Any additional or subsequent purchases made by a Friend will not be considered Qualified Referrals and thus not be entitled to the benefits of Qualified Referrals.
• The Friend had to stay installed for at least 3 months in order to qualify (no refund is issued).
• Referrer shall receive one (1) reward (each, a "Reward") for every 6 months and the value determined by the following rules:
• Each install is equal to $1 (30 days install - 6 months payout period).
• Each paid plan purchase is rewarded with 15% of the subscription commission for a period of 12 months (Given that the first purchase has been successful for the first month and has not been refunded for 6 months).

E. Earning Rewards

• Referrer shall receive one (1) reward (each, a "Reward") for every 6 months and the value determined by the following rules:
• Each install is equal to $1 (30 days install - 6 months payout period).
• Each paid plan purchase is rewarded with 15% of the subscription commission for a period of 24 months (Given that the first purchase has been successful for the first month and has not been refunded for 6 months).
• Rewards may be redeemed in various forms in Tapita’s sole discretion, including, but not limited to, in the form of a VISA* gift card. Restrictions may apply. For example, if the Reward is in the form of a gift card, gift certificate or voucher, it may be subject to the issuer's terms and conditions.

F. Verified Qualified Referrals

• Rewards are subject to verification. Tapita may delay a Reward for the purposes of investigation. Tapita may also refuse to verify and process any transaction Tapita deems, in its sole discretion, to be fraudulent, suspicious, in violation of these Terms and Conditions, or believes will impose potential liability on Tapita, its subsidiaries, affiliates or any of their respective officers, directors, employees, representatives and agents. All of Tapita's decisions are final and binding, including decisions as to whether a Qualified Referral, or Reward is verified.

G. Transfer and Value of Credit and Rewards

• Rewards have no monetary value and may not be redeemed for cash. Rewards are not transferable and may not be auctioned, traded, bartered or sold. Upon termination of the referral program or any portion thereof for any reason, any unredeemed Rewards that have not yet been delivered to Referrer are forfeited.

Referrers may participate in the Program made available by Tapita in order to refer their Friends to Tapita as potential new Tapita customers. To do this, Referrers must necessarily submit personal information about themselves and their Friends, such as name and e-mail address information, so that Tapita can send communications to the Friends on the Referrers’ behalf.

The personal information will be collected, processed, and used in accordance with Tapita’s Privacy Statement, which can be found at https://tapita.io/privacy-policy/.

Referrers understand that, in addition to the initial communications to Friends, Tapita may also use the personal information to send to Friends additional follow-up communications on behalf of the Referrers in order to encourage or remind the Friends to complete a purchase.

The personal information may also be used by Tapita to contact Referrers with regards to their participation in the Program and to send to Referrers additional communications from Tapita.

A. Tapita’s Online Platform and the Program

Tapita’s online platform and the Program contain content that includes: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other content (collectively, "Content"). As between Referrer and Tapita, all Content is the property of Tapita or its licensors and is protected under copyright, trademark, and other laws.

The compilation (meaning the collection, arrangement, and assembly) of all Content on Tapita’s online platform or the Program is the exclusive property of Tapita and is protected by copyright, trademark, and other laws.

B. License to You

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 Referrers’ participation in 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 the Program or any Reward).

B. Tapita Shall Not Be Liable For:

• Late, lost, delayed, stolen, misdirected, incomplete, unreadable, inaccurate, unreliable, garbled, or unintelligible entries, communications, or affidavits, regardless of the method of transmission.
• Telephone system, telephone or computer hardware, software, or other technical or computer malfunctions, lost connections, disconnections, delays, or transmission errors.
• Data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials.
• Any printing, typographical, administrative, or technological errors in any websites or materials associated with the referral program.
• Claims, demands, and damages in disputes among Referrers or between Referrers and Friends.
• Any other injuries, losses, or damages of any kind resulting from acceptance, possession, or use of a reward, or from participation in the Program, that were not reasonably foreseeable to Tapita at the relevant time.

C. System and Security Disclaimer

Tapita disclaims any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with the Program and reserves the right, in its sole discretion, to cancel, modify, or suspend the Program should a virus, bug, computer problem, unauthorized intervention, or other cause beyond Tapita’s control corrupt the administration, security, or proper operation of the Program.

D. Force Majeure

Tapita shall not be liable to any Referrer for failure to supply any Reward or any part thereof due to:

• Acts of God.
• Governmental or quasi-governmental actions, regulations, orders, or requests.
• Equipment failure.
• Threatened or actual terrorist acts.
• Air raid, blackout, public enemy acts, earthquakes, tornadoes, tsunamis, wars (declared or undeclared), fires, floods, epidemics, explosions, severe weather, hurricanes, embargoes, labor disputes or strikes (legal or illegal), labor or material shortages, transportation interruptions, work slowdowns, civil disturbances, insurrections, riots, or any other causes beyond Tapita’s control.

E. Program Cancellation

Tapita reserves the right to cancel or suspend the Program should Tapita determine, in its sole discretion, that the administration, security, or fairness of the Program has been compromised in any way.

F. DISCLAIMER OF WARRANTIES

REFERRERS EXPRESSLY UNDERSTAND AND AGREE THAT:

• (A) YOUR USE OF THE PROGRAM IS AT YOUR SOLE RISK; THE PROGRAM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND TAPITA EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS, AND TERMS (COLLECTIVELY, "PROMISES") OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW, OR CUSTOM, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED THROUGH THE USE OF THE PROGRAM, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
• (B) TAPITA MAKES AND GIVES NO WARRANTY THAT:
  • (i) THE PROGRAM WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
  • (ii) THE RESULTS OBTAINED FROM THE USE OF THE PROGRAM WILL BE ACCURATE OR RELIABLE.
  • (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE PROGRAM WILL MEET YOUR EXPECTATIONS.
  • (iv) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
• (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.

G. LIMITATION OF LIABILITY AND INDEMNIFICATION

1. REFERRERS EXPRESSLY UNDERSTAND AND AGREE THAT TAPITA (INCLUDING ANY VENDORS AND SERVICE PROVIDERS ASSOCIATED WITH OR ASSISTING IN PROVIDING THE PROGRAM) 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 TAPITA WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
   • (i) THE USE OR THE INABILITY TO USE THE PROGRAM.
   • (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE PROGRAM.
   • (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA.
   • (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR THROUGH THE PROGRAM.
   • (v) ANY OTHER MATTER RELATING TO THE PROGRAM.
2. TO THE FULLEST EXTENT POSSIBLE BY LAW, TAPITA'S (INCLUDING ANY VENDORS AND SERVICE PROVIDERS) 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), SHALL NOT EXCEED $100 USD.
3. REFERRERS SHOULD USE THE PROGRAM AT THEIR OWN RISK.

A. Program Integrity

If a solution cannot be found to restore the integrity of the Program after the occurrence of Prohibited Conduct (as defined below), Tapita reserves the right to cancel, change, or suspend the Program.

B. Prohibited Conduct, Generally

Referrers agree not to use the Program to:

• Violate applicable law;
• Infringe the intellectual property rights of Tapita or any third parties;
• Stalk, harass, or harm another individual;
• Collect or store personal data about other Referrers;
• Impersonate any person or otherwise misrepresent Referrer's identity;
• Interfere with, disrupt or violate the Terms and Conditions or servers or networks connected to the Program; or disobey any requirements, procedures, policies, or regulations of such networks;
• Interfere with another Referrer's use of the Program;
• Attempt to gain unauthorized access to the Program, other accounts, computer systems, or networks connected to the Program;
• Transmit any file that contains viruses, worms, trojan horses, or any other contaminating or destructive features;
• Conduct any illegal activity or solicit the performance of any illegal activity or other activity that infringes the rights of others;
• Resell, barter, trade, auction, or otherwise generate income by providing access to the Program to others.

C. Bulk Distribution ("Spam")

• If a Referrer provides a Personal Link to Tapita.com/Refer to a Friend by email, the email must be created and distributed in a personal manner that is appropriate and customary for communications with friends, colleagues, and family members.
• Bulk referrals, distribution to strangers, or any other promotion of a Program in a manner that would constitute or appear to constitute unsolicited commercial email or "spam" in Tapita’s sole discretion is expressly prohibited and may be grounds for immediate termination of the Referrer's participation in the Program. Tapita has a no-tolerance spam policy.
• Tapita has no obligation to monitor the content provided by Referrers; however, Tapita may choose to do so and block any email messages, remove any such content, or prohibit any use of the Program.
• While Tapita is the actual sender of the referral email, each Referrer must nonetheless comply with applicable law. Referrers who do not comply with the law, including antispam laws, are obligated to indemnify Tapita and all of the Released Parties against any liabilities, costs, and expenses incurred as a result of such violation.

D. Fraudulent and Suspicious Behavior

• Tapita may prohibit a Referrer from participating in the Program or receiving a Credit or Reward, in Tapita’s sole discretion, if Tapita determines that such Referrer is attempting to undermine the fairness, integrity, or legitimate operation of the Program in any way by cheating, hacking, deception, or any other unfair playing practices or intending to annoy, abuse, threaten, or harass any other Referrers or any representatives of Tapita.
• Use of any affiliate website, affiliate network properties, automated systems, scripts, or macros to participate is strictly prohibited and will result in disqualification.
• Referrers may not enter with multiple or fake email addresses or accounts, use fictitious identities, or use any system, bot, or other device or artifice to participate in the Program or receive a Reward.
• Tapita reserves the right to disqualify any Referrer and/or cancel any Reward(s) if Tapita finds a Referrer to be tampering with the entry process or the operation of the Program or violating these Terms and Conditions in any way.
• CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE PROGRAM. SHOULD SUCH AN ATTEMPT BE MADE, TAPITA RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

A. Creative Ideas Submission

Tapita appreciates hearing from users and welcomes your comments regarding the Program. Please be advised, however, that Tapita does not accept or consider creative ideas, suggestions, inventions, or materials ("Creative Ideas") other than those which we have specifically requested. While Tapita values your feedback on the program, please be specific in your comments and do not submit Creative Ideas. If, despite this request, you send Tapita Creative Ideas, you acknowledge that:

• Tapita will have no obligation to review, consider, or implement the Creative Ideas.
• Tapita is free to use any ideas, concepts, or suggestions provided without any compensation to you.
• Any submissions will automatically become Tapita’s property, without any obligation of confidentiality.
• Tapita may develop similar or identical ideas independently.

A. Applicable Law

Any and all disputes, claims and causes of action arising out of or related to the Program or any Reward or other prize awarded pursuant to the Program or to this agreement shall be resolved under New York law (without reference to its conflicts of laws principles).

B. Arbitration

Referrers and Tapita agree to submit to the personal and exclusive arbitration of any disputes relating to the use of Tapita’s online platform or the Program under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, shall be conducted within New York County in the state of New York. Referrers covenant not to sue or otherwise bring a claim against Tapita in any other forum.

C. Class Waiver and Waiver of Jury Trial

Referrers also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to Referrers' use of the Program or this agreement:

• REFERRERS ARE GIVING UP THEIR RIGHT TO HAVE A TRIAL BY JURY
• REFERRERS ARE GIVING UP THEIR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.

A. Entire Agreement

These terms constitute the entire agreement between Referrers and Tapita concerning Referrers' use of the Program. The failure of Tapita to exercise or enforce any right or provision of these terms shall not constitute a waiver of such right or provision.

B. Severability

If any provision of these terms is found by a court of competent jurisdiction to be invalid, Tapita and Referrers nevertheless agree that the court should endeavor to give effect to the intentions reflected in the provision, and that the other provisions of these terms shall remain in full force and effect.

C. Section Titles

The section titles in these terms are for convenience only and have no legal or contractual effect. A person who is not a party to these terms shall have no right to enforce or receive the benefit of any of these terms.