LAST UPDATED: NOVEMBER 18, 2020
These Referral Program Terms and Conditions (these “Terms”) set forth the terms pursuant to which you (“Referral Partner” or “you”) agree to participate as a referrer in the Referral Program offered by Mevo, Inc. (“Mevo”) and that govern your participation in the Referral Program. Upon acceptance by you, these Terms are hereby incorporated by reference into the Mevo Terms of Service.
BY CLICKING ON THE “I ACCEPT” BUTTON OR OTHERWISE PARTICIPATING IN THE REFERRAL PROGRAM AS A REFERRER, YOU HEREBY ACCEPT AND AGREE TO BE BOUND BY THESE TERMS.
1. PROGRAM DESCRIPTION
- Mevo has established a referral program pursuant to which Mevo may offer incentives to referrers in connection with certain purchases of Mevo Products on the Mevo Website that are referred to Mevo by such referrers, as further described in these Terms (such referral program, the “Referral Program”).
- Incentives may be offered to referrers in connection with certain referred purchases of Mevo-branded cameras, accessories, and other hardware products sold on www.mevo.com (such products, the “Mevo Products” and such website, the “Mevo Website”). For the avoidance of doubt, “Mevo Products” expressly excludes any Mevo software applications (including without limitation the Mevo Camera App, Webcam App, Mic App, and Multi-Cam App), and subscriptions thereto are not eligible for the Referral Program.
- The Referral Program is void where prohibited.
- You are eligible to participate in the Referral Program as a referrer if you are an individual or entity that meets the following criteria: (a) are at least 18 years old, in the case of individuals; (b) have purchased a Mevo Product from Mevo within 6 months of signing up for the Referral Program; (c) reside in the United States; (d) are not a current or former employee, contractor, affiliate, or partner of Mevo (or any of their immediate families and household members); and (e) where applicable, your employer allows you to participate in referral programs of this type.
- You represent, warrant, and covenant that (a) you are eligible to participate in the Referral Program; (b) you have not previously been suspended or banned from participating in the Referral Program; and (c) your participation in the Referral Program is in compliance with all applicable laws and regulations. If you are participating in the Referral Program on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by the terms and conditions set forth in these Terms on behalf of that organization.
3. HOW IT WORKS; REQUIREMENTS AND RESTRICTIONS
- You may apply to participate in the Referral Program by submitting an application at mevo.com/pages/referral-program-signup. Mevo reserves the right to deny, reject, or revoke your application for or participation in the Referral Program (including by deactivating your Referral Trackers) for any reason or no reason, including without limitation, because you do not meet the requirements to participate in this Referral Program.
- After your successful enrollment in the Referral Program (as determined by Mevo in its sole discretion), Mevo may provide you with (a) a trackable hyperlink to the Mevo Website that is unique to you and designed to identify purchases on the Mevo Website referred by you (each such hyperlink, the “Referral Link”); and/or (b) a promotional code that is unique to you and designed to identify purchases on the Mevo Website referred by you (each such promotional code, the “Referral Code”, and together with the Referral Link, the “Referral Trackers”). Particular Referral Trackers expire and are no longer valid for use 30 days after the date that they are issued by Mevo, unless reactivated or reissued by Mevo in its sole discretion.
- You may give your Referral Trackers only to those persons that you personally know. You may post your Referral Trackers on your own social media pages and websites owned by you, but you may not post your Referral Trackers on or in connection with other people’s or organization’s websites, social media pages, channels or postings. Referral Trackers should not be published or distributed on commercial websites (such as coupon websites, Reddit, or Wikipedia).
- You may not “spam” anyone with your Referral Trackers. This includes mass emailing, texting or messaging people you do not know or using automated systems or bots through any channel to distribute your Referral Trackers.
- You may not give your Referral Trackers to others to solicit referrals on your behalf.
- You may not offer any compensation or other incentives in connection with the use of your Referral Trackers.
- You may not pay to advertise your Referral Trackers or otherwise use paid advertising to promote your Referral Trackers.
- You may not purchase any domain or use any social media handle containing any Mevo trademark or any confusingly similar mark, or otherwise impersonate Mevo in connection with your participation in the Referral Program.
- You may not purchase keyword advertising using any Mevo trademark or confusingly similar mark in connection with your participation in the Referral Program.
- You may not engage in any deceptive, misleading, illegal, or unethical practices in connection with your participation in the Referral Program, and will conduct business in a manner that reflects favorably at all times on the good name, good will, and reputation of Mevo.
- You may not represent yourself as an employee, intermediary or agent or as being authorized to bind Mevo, and you may not make any commitment, incur any obligations, or make any representations or warranties on behalf of Mevo.
- You may not create materials bearing Mevo branding or that imply any affiliation or agency relationship between you and Mevo.
- You must comply with all applicable laws, rules, and regulations (including but not limited to anti-“SPAM” laws, the Telephone Consumer Protection Act, and guidelines promulgated by the Federal Trade Commission regarding social media endorsements) as well as any applicable third-party terms (including social media platforms) in connection with your participation in the Referral Program.
- You must make clear that you may receive commissions or other incentives from Mevo in connection with the use of your Referral Trackers.
- Mevo reserves the right to review and investigate all referral activities. If at any time Mevo suspects or determines, in its sole discretion, that you have not complied with these Terms or have otherwise abused the spirit or terms of this Referral Program, Mevo may immediately and without notice, terminate or suspend your participation in the Referral Program, void your Referral Trackers, ask you to stop publishing or distributing Referral Trackers, and refuse to pay you any commissions (even for purchases that may otherwise be Qualifying Purchases). Mevo shall not be liable to any referring customer or referred customer or to any third party for any claim or cause of action arising out of such termination or suspension. For the avoidance of doubt, you may not publish or distribute Referral Trackers if you are no longer authorized to participate in the Referral Program, and you will not be eligible for any commissions on referred purchases made while you were not authorized to participate in the Referral Program or otherwise in breach of these Terms.
4. QUALIFYING PURCHASES; INCENTIVES
- A “Qualifying Purchase” means a purchase of a Mevo Product made directly on the Mevo Website where (a) (i) the purchaser who made such purchase typed your Referral Code into the correct field on the Mevo Website at the time of check-out and completed such purchase; or (ii) [the purchaser who made such purchase navigated to the Mevo Website using your Referral Link, completed such purchase, and the Mevo Website recognized your Referral Link Cookie in connection with such purchase]; (b) such purchase is the first purchase of a Mevo Product by such purchaser using your Referral Trackers; and (c) such purchase is not cancelled, and the applicable Mevo Product(s) that are the subject of such purchase have not been returned to Mevo within the applicable return period identified at 30 days (“Return Period”). “Referral Link Cookie” means the cookie that gets deposited on a user’s device after having clicked on your Referral Link.
- Qualifying Purchases expressly exclude any purchases that are made by Referral Partner, any purchases that are made using your Referral Trackers in combination with any other monetary or promotional offers (including those offered by Mevo or other referral partners), or any purchases made using Referral Trackers that are no longer active or valid (as determined by Mevo in its sole discretion). Qualifying Purchases are also disqualified whenever they occur in connection with a violation of these Terms or other Mevo policies posted on the Mevo Website or otherwise made available by Mevo. For the avoidance of doubt, Referral Trackers are for one-time use by referred customers, and you are not eligible to receive any commissions on more than one purchase per particular purchaser using your Referral Trackers.
- For each Qualifying Purchase, Referral Partner will be eligible for a commission in the amount of 5% of the Qualifying Revenue corresponding to such Qualifying Purchase, subject to the terms and conditions of these Terms.
- For each Qualifying Purchase, the corresponding “Qualifying Revenue” means the amount (in US Dollars) that Mevo actually collects from such Qualifying Purchase, less any (a) shipping and handling charges; (b) taxes, duties, and other governmental charges; and (c) credits or rebates.
- Mevo has the sole discretion to determine whether a particular purchase qualifies as a Qualifying Purchase and whether commissions are validly earned. All Mevo decisions are final, non-appealable and binding, except where prohibited by applicable law.
5. PAYMENT TERMS
- Subject to these Terms, the commission on a given Qualifying Purchase will be due and payable to Referral Partner on or before the last day of the calendar month following the calendar month during which the Return Period for such Qualifying Purchase expires. All payments to Referral Partners will be made in U.S. dollars. Payment of commissions will be subject to all applicable governmental regulations and rulings, including the withholding of any taxes required by law. Referral Partner is solely responsible for paying income and other taxes that may be due on any commissions received in connection with the Referral Program.
- You may be required to open and maintain an account with Mevo’s third-party service provider (e.g. PayPal) in order to receive the commissions from Mevo. The use of such account may be subject to the terms and conditions of such third party, and any fees charged by such third party in connection with the receipt of commissions from Mevo are between you and that third party.
- If you do not select or maintain valid information for a payment option on your account associated with the Referral Program, Mevo may hold earned commission income until you make your selection or provide such information. Mevo is not responsible for any error or failure to receive commissions due to incorrect payment information provided on your account, or for any failure or delay to receive commissions due to the acts or omissions of Mevo’s third party service providers.
- Tax regulations may require Mevo to collect appropriate tax information from you, or to withhold taxes from payouts, or both. You are solely responsible for keeping the information in your tax forms current, complete and accurate. If you fail to provide Mevo with documentation that Mevo determines to be sufficient to alleviate Mevo’s obligation (if any) to withhold payments to you, Mevo reserves the right in its sole discretion to freeze all payouts to you until resolution, to withhold such amounts as required by law, or to do both.
6. UPDATES AND CHANGES TO THE REFERRAL PROGRAM
- To the maximum extent permitted by applicable law, Mevo reserves the right to change or cancel this Referral Program or these Terms on a going-forward basis at any time, at its sole discretion. Without limiting the foregoing, Mevo may (a) set limitations on incentives or commissions that Referral Partner may earn in connection with the Referral Program; (b) modify the products for which incentives or commissions are available to referral partners; (c) modify the incentives that are available in connection with the Referral Program, including commission amounts; (d) exclude certain products or activities from eligibility in the Referral Program; (e) change the requirements for eligibility in the Referral Program; and (f) terminate the Referral Program. Referral Partner is solely responsible for verifying that the Referral Program is still in effect or that the terms of the Referral Program are permissible to Referral Partner at the time Referral Partner makes referrals.
- If Mevo terminates the Referral Program, all Referral Trackers will be deactivated and forfeited at that time, and Referral Partner will only be eligible to receive commissions on purchases that became Qualifying Purchases prior to the effective date of termination in accordance with the Terms that were in effect immediately prior to the effective date of termination.
- If a change to these Terms materially modifies your rights under these Terms, Mevo will endeavor to provide 7 days notice of such changes. If Mevo updates these Terms, Mevo may provide notice of such updates, such as by sending an email notification to the email address listed in your account, providing notice through the Mevo Website or updating the “Last Updated” date at the beginning of these Terms. Updates will be effective on the date specified in the notice. If a change to these Terms materially modifies your rights or obligations, Mevo may require that you accept the modified Terms (e.g., by clicking “I Accept” or other similar button) in order to continue participating in the Referral Program. By continuing to participate in the Referral Program after the date specified in the notice, you are agreeing to accept and be bound by the updated Terms. If you do not agree to the updated Terms, then you may not continue to participate in the Referral Program. Disputes arising under these Terms will be resolved in accordance with the version of the Terms that was in effect at the time the dispute arose.
7. ADDITIONAL DISCLAIMERS; LIMITATIONS
- MEVO MAKES NO WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, RESULTS, OR THAT PARTICIPATION IN THIS REFERRAL PROGRAM WILL RESULT IN THE PAYMENT OF ANY COMMISSIONS, AND EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES. MEVO DISCLAIMS ALL RESPONSIBILITY IN CONNECTION WITH YOUR REFERRAL TRACKERS AND THE EFFICACY THEREOF, INCLUDING IF YOUR REFERRAL TRACKERS FAIL TO CORRECTLY TRACK PURCHASES REFERRED BY YOU. MEVO IS NOT RESPONSIBLE FOR LOST, MISDIRECTED, OR DELAYED REFERRALS OR COMMISSIONS.
- IN NO EVENT WILL MEVO BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES OF ANY NATURE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, LOST DATA, LOST PROFITS OR REVENUE, OR FOR ANY CLAIM OR DEMAND BY ANY THIRD PERSON, ARISING OUT OF OR RELATED TO THESE TERMS OR THE PERFORMANCE OR BREACH THEREOF, EVEN IF ADVISED OF THIS POSSIBILITY. MEVO’S AGGREGATE TOTAL LIABILITY TO YOU HEREUNDER WILL NOT EXCEED THE AMOUNT OF REFERRAL FEES ACTUAL PAID TO YOU HEREUNDER.
- You acknowledge and agree that it is a fundamental term and condition precedent of your participation in the Referral Program that you are not an employee, intermediary or agent of Mevo, and you will not hold yourself out as, or give any person reason to believe, that you are an employee, intermediary or agent of Mevo. You agree nothing in your participation will be construed as establishing an employment or agency relationship between Mevo and you. Accordingly, you have not at any time been and are not entitled to, and hereby irrevocably waive any right or claim to, the benefits provided by the Mevo to its employees from time to time, including vacation time, benefits, salary, bonus, stock or stock options, profit sharing, insurance, or medical and health benefits.
- In the event of a conflict between these Terms and the Mevo Terms of Service, these Terms will prevail with respect to the Referral Program.