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Habit Affiliate Program

Terms and Conditions

Updated November 2018

Habit ("we", "Habit" or "Company") may, from time to time, offer users of our service ("Service") the opportunity to refer friends to try the Service ("Habit Referral Program" or "Program"). We reserve the right to terminate the Program at any time for any reason. The Program is administered by Habit, LLC, 985 3rd Street, Oakland, CA 94607, United States ("Service Provider").

By participating in the Program, you agree to be bound by these Terms and Conditions and Habit's Terms of Service (https://Habit.com/terms-conditions) (collectively, the "Terms"). If you do not agree to these Terms in their entirety you are not authorized to register as a Referrer (defined below) or participate in the Program in any manner. Users (defined below) 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 the Terms and the methods through which Rewards are earned. We reserve the right to disqualify any User at any time from participation in the Program if he/she does not comply with any of the Terms or such participation would be in violation of applicable law.

Children

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

  1. Privacy

    Individuals may participate in the Program to recommend services or content made available by Company to their friends, family or colleagues. To do this, individuals may submit personal information about themselves and their friends, family members or colleagues, such as name and e-mail address information ("Contact Information"), so that the Company can send these recommendations on their behalf. Contact Information will be collected, processed and used in accordance with Company's Privacy Statement, which can be found at https://Habit.com/privacy-policy. In addition, an individual's Contact Information may be used by Company to contact individuals regarding their participation in the Program and to receive communications from Company. If an individual provides Contact Information about its friends, family members or colleagues to receive communications via the Program, the provided Contact Information will be used by the Company to send these communications on behalf of the individual and the individual understands that Company may (if permitted by applicable law) send out additional follow-up communications on behalf of the individual to encourage or remind the friends, family members or colleagues to complete the purchase or registration process.

  2. How the Program Works.

    Program Participation

    To participate in the Program, visit refer.Habit.com and follow the on-screen instructions to refer friends, family members or colleagues to the Service by entering their email addresses in the "Refer A Friend" box. Users may refer an unlimited number of friends, family members or colleagues during the Program.

    Individuals who refer are called "Referrers." Individuals who receive such referral are called "Referred Customers." "User" means any person using the Program and includes, without limitation, Referrers and Referred Customers.

    Eligible Referrer

    To be eligible, a Referrer must:

    1. be a legal resident of the United States.
    2. be at least 18 years old.

    Employees of the Company or any of its or their subsidiaries, affiliates or promotional agencies, including immediate family and household members, are not eligible to participate in the Program.

    Making a Referral

    An individual must register for the Program to make a referral; no purchase is required. Once an individual refers a friend, family member or colleague, he/she becomes a Referrer and will be provided with a unique promotional code ("Personal Promotional Code") that allows the Referrer to receive credit for Qualified Referrals ("Credit"). Personal Promotional Codes will be issued only to individuals. Each Referrer will also be provided with a unique and personal Company "Refer-a-Friend" page or account to view the status of his/her Qualified Referrals and manage his/her account.

    Qualified Referrals

    A Qualified Referral means that all the following conditions are met:

    1. The Referred Customer completed the purchase process with the Service using the Referrer's Personal Promotional Code. If a Referred Customer purchases or registers with the Service using any other link or method, the registration will not count as a Qualified Referral and the Referrer will not earn Credit;
    2. The Referred Customer was not previously registered with the Service under Referred Enrollee’s email address or alias;
    3. The Referred Customer is a) a legal resident of the United States and b) at least 18 years old; and
    4. The Referred Customer does not cancel the order and is shipped a kit from the Company.

    Only one Qualified Referral can be earned for each Referred Customer during the Program term. Any additional or subsequent purchases made by a Referred Customer will not be Qualified Referrals.

    Earning Rewards

    Referrer shall receive the following Reward for each Qualified Referral, regardless of the number of kits or purchases made by the Referred Customer, unless otherwise specified below:

    • Affiliates earn 15% commission for all referrals
    • If Affiliate sells more than 10 kits within first month, commission payout increases from 15% to 20%. There are no minimum requirements after first month to maintain 20% commission.

    At the Company's sole discretion, Reward denomination may be different during special promotional periods.

    Rewards may be redeemed in various forms in the Company's sole discretion. Additional 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.

    Amazon.com is not a sponsor of this promotion. Except as required by law, Amazon.com Gift Cards ("GCs") cannot be transferred for value or redeemed for cash. GCs may be used only for purchases of eligible goods at Amazon.com or certain of its affiliated websites. For complete terms and conditions, see www.amazon.com/gc-legal. GCs are issued by ACI Gift Cards, Inc., a Washington corporation. All Amazon ®,™ & © are IP of Amazon.com, Inc. or its affiliates. No expiration date or service fees.

    The logos and other identifying marks attached are trademarks of and owned by each represented company and/or its affiliates. Please visit each company's website for additional terms and conditions.

    Verification of Qualified Referrals

    Rewards are subject to verification. The Company may delay a Reward for the purposes of investigation. The Company may also refuse to verify and process any transaction the Company deems, in its sole discretion, to be fraudulent, suspicious, in violation of these Terms, or believes may impose liability on Company, its subsidiaries, affiliates or any of their respective officers, directors, employees, representatives and agents.

    All of the Company's decisions are final and binding, including decisions as to whether a Qualified Referral, Credit or Reward is verified.

    Transfer and Value of Credit and Rewards

    Credit and Rewards may not be redeemed for cash with Habit. Credit and Rewards are not transferable and may not be auctioned, traded, bartered or sold. Upon termination of the Program or any portion thereof for any reason, or upon cancellation of a Referrer's Habit referral account for any reason, any unredeemed Credit and Rewards accumulated by the Referrer may be forfeited.

  3. Content Ownership and Use.

    The online platform and the Program contain contents that may include designs, text, graphics, images, video, information, logos, button icons, audio files, computer code, and other content (collectively, "Content"). As between the User and the Company, all Content is the property of the Company or its licensors and is protected under copyright, trademark, and other laws. The compilation (meaning the collection, arrangement, and assembly) of all Content on the online platform or Program is the exclusive property of the Company and is protected by copyright, trademark, and other laws.

    License to You

    The Company authorizes you, subject to the Terms, to access and use the online platform, Program, and the Content solely for your personal, non-commercial use, for the sole purpose of referring friends, family members and colleagues to the Company, in accordance with the Terms. This license is revocable at any time without notice and with or without cause. Unauthorized use of the Content may violate copyright, trademark, and applicable communications, regulations, and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original Content on any copy you make of it.

    Company shall not be liable for:

    1. late, lost, delayed, stolen, misdirected, incomplete, unreadable, inaccurate, unreliable, garbled or unintelligible entries, communications or affidavits, regardless of the method of transmission;
    2. telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors;
    3. data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials;
    4. any 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 the Company at the relevant time;
    5. any printing, typographical, administrative or technological errors in any websites or materials associated with the Program; or
    6. claims, demands, and damages in disputes among Users of the Program.

    The Company disclaims any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with the Program, and reserve the right, in their sole discretion, to cancel, modify or suspend the Program should a virus, bug, computer problem, unauthorized intervention or other causes beyond the Company's control, corrupt the administration, security or proper play of the Program.

    The Company shall not be liable to any Users 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 quasi-governmental 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 slow-down, civil disturbance, insurrection, riot, or any other similar or dissimilar cause beyond any of the Released Parties' control.

    The Company reserves the right to cancel or suspend the Program at any time, with or without advance notice, should it determine, in its sole discretion, that the administration, security or fairness of the Program has been compromised in any way.

  4. Conduct

    If a solution cannot be found to restore the integrity of the Program after the occurrence of prohibited conduct, we reserve the right to cancel, change, or suspend the Program.

    Prohibited Conduct, Generally

    Users agree not to use the Program to, or otherwise:

    • Violate applicable law or these Terms;
    • Infringe the intellectual property rights of the Company, its Service Provider or any third parties;
    • Stalk, harass, or harm another individual;
    • Use any mark, name or domain name of any type which is confusingly similar to Habit or Company's other Marks, or bid on or purchase any word, keyword, search term or other identifier on any pay-per-click search engines that contains Habit's Marks or Content;
    • Make any inaccurate or untruthful statements about the Company or its services;
    • Collect or store personal data about other Users;
    • Impersonate any person or otherwise misrepresent User's identity;
    • Interfere with, disrupt or violate the servers or networks connected to the Program; or disobey any requirements, procedures, policies, or regulations of such networks;
    • Interfere with another User'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 Company's products or services (and any attempt to do so shall be void and Company shall invalidate any such services); or
    • Resell, barter, trade, auction or otherwise generate income by providing access to the Program to others.
    • Promote Habit or place referral links on any site that includes adult content or discriminatory content; promote Habit or place referral links near other ads or links that lead to such content; or link to or include other inappropriate content, each as determined in Habit’s sole discretion.

    Bulk Distribution ("Spam")

    If a Referrer provides a Personal Promotional Code to a Referred Customer 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 relationship. By submitting the email addresses of strangers, the Referrer represents that he/she has the recipient's prior consent. Bulk email distribution, distribution to strangers, or any other promotion of a Personal Promotional Code in a manner that would constitute or appear to constitute unsolicited commercial email or "spam" in the Company's sole discretion is expressly prohibited and may be grounds for immediate termination of the Referrer's account and deactivation of the Personal Promotional Code. We have a no tolerance spam policy.

    The Company has no obligation to monitor the content provided by Users; however, the Company may choose to do so and block any email messages, remove any such content, or prohibit any use of the Program.

    Each Referrer is the actual sender of the emails and must comply with applicable law. Referrers who do not comply with the law, including anti-spam laws, are obligated to indemnify the Program Entities against any liabilities, costs and expenses it incurs as a results of such spam.

    Fraudulent and Suspicious Behavior

    The Company may prohibit a User from participating in the Program or receiving a Credit or Reward, in their sole discretion, if they determine such User 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. An example of this type of behavior would be posting to on an online coupon site.

    Use of any automated system, script, or macro to participate is strictly prohibited and will result in disqualification.

    Users 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.

    The Company reserves the right to disqualify any User and/or cancel any Reward(s) if they find a User to be tampering with the entry process or the operation of the Program or violating these Terms.

    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, THE COMPANY RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

  5. Applicable Law; Arbitration; Class Waiver; and Waiver of Jury Trial.

    Any and all disputes, claims and causes of action arising out of or related to the Program or any prize awarded shall be resolved under California law (without reference to its conflicts of laws principles), and Users agree to submit any dispute to the exclusive jurisdiction of the state and federal courts located in Alameda County, California, unless otherwise required by law.

    Unless prohibited by law, Users agree to submit to the personal and exclusive arbitration of any disputes arising out of, connected with or relating to the Program and participation in the Program, including these Terms, under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, shall be conducted within Alameda County in the state of California. Unless prohibited by law, Users covenant not to sue the Program Entities in any other forum.

    Unless prohibited by law, Users also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of, connected with or relating to the Program and participation in the Program:

    • USERS ARE GIVING UP THEIR RIGHT TO HAVE A TRIAL BY JURY; and
    • USERS ARE GIVING UP THEIR RIGHT TO SERVE AS A REPRESENTATIVE PLAINTIFF OR TO SUE IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
  6. General Terms

    These Terms constitute the entire agreement between Users and the Company concerning Users' participation in or use of the Program. The failure of the Company 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, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms 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. Participation in the Program does not constitute an employment, broker or agency relationship between User and Company nor does it create any partnership, joint venture, franchise or sales representative relationship between the parties.