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.
I. How the Program Works
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:
a. Each install is equal to $1 ( 30 days install – 6 months payout period)
b. 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:
a. Each install is equal to $1 ( 30 days install – 6 months payout period)
b. Each paid plan purchase is rewarded with 30% 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.
- Referrer shall receive one (1) reward (each, a “Reward”) for every 6 months and the
value determined by the following rules:
a. Each install is equal to $1 ( 30 days install – 6 months payout period)
b. 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) - 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.
II. Privacy.
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 theReferrers’ behalf. The personal information will be collected, processed, and used inaccordance 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 byTapita to contact Referrers with regards to their participation in the Program and to send toReferrers additional communications from Tapita.
III. Content Ownership and Use.
A. 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); and
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; or - Claims, demands, and damages in disputes among Referrers or between Referrers
and Friends; or - 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. 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. Tapita shall not be liable to any Referrer for failure to supply any Reward or any part
thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by
any governmental or quasigovernmental entity (whether or not the action(s), regulations(s),
order(s) or request(s) prove(s) to be invalid), equipment failure, threatened terrorist acts,
terrorist acts, air raid, blackout, act of public enemy, earthquake, tornado, tsunami, war
(declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather,
hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material
shortage, transportation interruption of any kind, work slowdown, civil disturbance,
insurrection, riot, or any other similar or dissimilar cause beyond any of the released parties’
control.
E. 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,
AND (iv) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; 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.
G. Limitation of Liability and Indemnification
- 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; OR (v)
ANY OTHER MATTER RELATING TO THE PROGRAM. SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE
LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
- 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. - REFERRERS SHOULD USE THE PROGRAM AT THEIR OWN RISK.
IV. Conduct.
A. 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 results 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 of
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, script,
or macro to participate is strictly prohibited and will result in disqualification. - Referrers may not enter with multiple or fake emails 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.
V. Suggestions and Submissions.
A. 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, Tapita:
VI. Applicable Law; Arbitration; Class Waiver; and Waiver of
- Shall own, exclusively, all now known or later discovered rights to the Creative Ideas;
- Shall not be subject to any obligation of confidentiality and shall not be liable for any
use or disclosure of any Creative Ideas; and - Shall be entitled to unrestricted use of the Creative Ideas for any purpose
whatsoever, commercial or otherwise, without compensation to you or any other
person.
Jury Trial.
A. 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. 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. 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; and
- 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.
VIII. General Terms.
A. 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. 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. 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.