Refer A Friend: Terms and Conditions

Sustain:Green Refer-A-Friend Terms
Sustain:Green, LLC ("we", "Sustain:Green" or "Company") may, from time to time, offer holders of its Prepaid Debit MasterCard or its Credit Card (the "Card Service") the opportunity to earn rewards by referring friends to try the Card Service (the "Referral Program" or "Program"). We reserve the right to terminate the Program at any time for any reason. The Program is administered by Extole, Inc., 625 2nd Street, Suite 101, San Francisco, CA 94107 ("Administrator"). The Company and the Administrator are collectively referred to as "Program Entities."

These terms ("Terms and Conditions") shall apply to a user's participation in the Program. By participating in the Program, users agree to use the Program in the manner specified in the Terms and Conditions. If you do not agree to these Terms & Conditions in their entirety you are not authorized to register as a Referrer or to participate in the Program in any manner. Users may not participate in a Program where doing so would be prohibited by any applicable law or regulations.

1. Privacy
Participation in the Program may require users to submit personal information about themselves and their friends, family members or colleagues (collectively "Users"), such as name and e-mail address. The personal information will be collected, processed and used in accordance with Company's Privacy Statement which can be found at: http://sustaingreen/privacy/ and Administrator's Privacy Policy which can be found at http://www.extole.com/privacy. In addition, personal information may be used by Company or Administrator, on Company's behalf, to contact Users with regards to participation in the Program and to receive communications from Company.

2. How the Program Works
a. Program Participation, Generally
To participate, visit https://sustaingreen.com and follow the on-screen instructions to refer as many friends, family members or colleagues as you want to the Service by entering the friends' name and email addresses in the "Refer A Friend" box.

Users who refer are called "Referrers"; individuals who are referred are called "Referred Customers." For every "Qualified Referral" (defined below), Referrer may be eligible to receive "Reward(s)" (also defined below), provided Referrer is otherwise eligible under, and fully compliant with, these Terms and Conditions.

We reserve the right to modify or amend at any time these Terms and Conditions 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 these Terms and Conditions.

b. Eligibility
Referrers must be legal residents of the 50 U.S. states and the District of Columbia who 1) are 18 years or older, and 2) have the legal right to provide the personal information (e.g., name and email address) of each Referred Customer. Referrers must have either an active Sustain:Green Prepaid Debit MasterCard or Sustain:Green Credit Card, fully paid for (including any monthly account maintenance or similar fees) and in good standing with the Company.  Companies and employees of Program Entities or their subsidiaries, affiliates or promotional agencies, including immediate family and household members, are not eligible.

c. Qualified Referrals
Upon referring a friend, Referrers will be provided with a unique referral link ("Personal Link") that allows Referrer to receive Rewards for Qualified Referrals. Each Referrer will also be provided with a unique and personal Company "Refer-a-Friend" page or account to check the status of his/her Qualified Referrals and to manage his/her account. Personal Links will be issued only to individuals. An individual must be registered with the Program to be issued a Personal Link.
 
Referrers must respect the spirit of the Program by only referring real third-party individuals who meet the requirements of these Terms and Conditions. For example, a Referrer may not create multiple or fake accounts with the Company or participate in the Program using multiple or fake email addresses or identities.
Rewards can only be awarded for Qualified Referrals. A Qualified Referral means that all the following conditions are met:

  1. The Referred Customer completed the purchase and/or application for Card Service using the Referrer's Personal Link. If a Referred Customer purchases and/or applies for Card Service using any other link or method, the registration will not count as a Qualified Referral and Referrer will not earn a Reward;
  2. The Referred Customer was not previously registered with the Service under any email address or alias;
  3. The Referred Customer is a legal resident of the 50 U.S. states and the District of Columbia who is 18 years or older; and
  4. Only one Qualified Referral can be earned for each Referred Customer. Any additional or subsequent purchases made by a Referred Customer will not be Qualified Referrals.
  5. In instances where the Referred Customer completes an application for a Sustain:Green Credit Card, the Reward will only be earned after the Credit Card is (i) issued to the Referred Customer, (ii) activated by the Referred Customer and (iii) used to complete at least fifty dollars (US $50) in purchases by the Referred Customer.
  6. In instances where the Referred Customer completes an application and purchases a Sustain:Green Prepaid Debit MasterCard, the Reward will only be earned after the Prepaid Debit MasterCard is (i) validly activated by the Referred Customer (the "Activation"), (ii) loaded with at least a cumulative fifty dollars (US $50) during the eight (8) weeks following Activation, and (iii) remains active and fully paid for (including any monthly account maintenance or similar fees) for at least two monthly account billing cycles following Activation.

d. Earning Rewards
Referrer shall receive one (1) Cash Reward valued at five dollars (US $5) and one (1) Carbon Offset Reward for each valid and verified Qualified Referral generated by Referrer (Cash Rewards and Carbon Offset Reward may be jointly referred to as "Rewards"). Company reserves the right to limit any Referrer to a maximum of $5,000 in Cash Rewards and one thousand (1000) Carbon Offset Rewards per calendar year, unless otherwise agreed to in writing.  Rewards cannot be combined with any other Company offers. 

If the Referrer has a Sustain:Green Prepaid Debit MasterCard, Cash Rewards shall be loaded onto their Sustain:Green Prepaid Debit MasterCard, within 10 days or earning such Cash Reward. If the Referrer does not have a Sustain:Green Prepaid Debit MasterCard, but does have a Sustain:Green Credit Card, Cash Rewards shall be issued by issuing a credit on such Sustain:Green Credit Card equal to the amount of earned Cash Rewards, within 10 days or earning such Cash Reward.

The Carbon Offset Reward shall equal one hundred (100) pounds of carbon offsets, which shall be retired by Company, and credited to the Carbon Offset Account of Referrer, as maintained by Company.

 Redemption options for Rewards may be altered from time to time in Program Entities' sole discretion, without advance notice. Check your Sustain:Green Refer-A-Friend account for details. Restrictions may apply; for example, if the Reward is the form of a gift card, gift certificate or voucher it may be subject to the issuer's terms and conditions.

Rewards are subject to verification. Program Entities may withhold a Reward for investigation, or refuse to process any transaction Company deems fraudulent, suspicious, in violation of these Terms and Conditions, or believes will impose liability on Company, its subsidiaries, affiliates or any of their respective officers, directors, employees, representatives and agents. If Company deems that a Referrer is acting in violation of these Terms and Conditions and/or in a fraudulent or deceitful manner, it may withhold payment of all Rewards otherwise due to Referrer and reverse prior payments.

All Program Entities' decisions are final and binding, including decisions as to whether a Qualified Referral or Reward is valid.
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 should Referrer no longer meeting the Eligibility requirements set forth herein, any unredeemed or as-of-yet unearned Rewards accumulated by Referrer are forfeited.

3. Liability
By participating in the Program, Users agree: (a) to be bound by these Terms and Conditions, the decisions of the Program Entities and/or their designees, and the Privacy Policies of Sustain:Green and Extole, Inc. b) to release and hold harmless Program Entities and their respective parent companies, affiliates and subsidiaries, together with their respective employees, directors, officers, licensees, licensors, shareholders, attorneys and agents including, without limitation, 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, demands, damages, losses, liabilities, costs or expenses caused by, arising out of, in connection with, or related to their 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 (c) to be contacted by Program Entities via e-mail. Program Entities reserves the right to make changes or additions to these Terms and Conditions for any reason at any time. Program Entities' failure to enforce any term of these Terms and Conditions shall not constitute a waiver of that provision.

The Released Parties shall not be liable for: (i) late, lost, delayed, stolen, misdirected, incomplete unreadable, inaccurate, garbled or unintelligible entries, communications or affidavits, regardless of the method of transmission; (ii) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iv) any injuries, losses or damages of any kind resulting from acceptance, possession or use of a Reward, or from participation in the Program; or (v) any printing, typographical, administrative or technological errors in any websites or materials associated with the Program, or (vi) any invalidation of the Carbon Offsets issued as Rewards, which were otherwise purchased in good faith. Program Entities disclaim any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with this 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 Program Entities control, corrupt the administration, security or proper play of the Program.

The Released Parties 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.

As a condition of entering the Program, Users agree that under no circumstances will Users be entitled to any awards for any losses or damages, and Users hereby waive all rights to claim punitive, incidental, consequential and any other damages, and waives any and all rights to have damages multiplied or otherwise increased.

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

4. Applicable Law
Any and all disputes, claims and causes of action arising out of or related to this Program or any prize awarded shall be resolved under Florida law (without reference to its conflicts of laws principles), and participant agrees to submit any dispute to the exclusive jurisdiction of the state and federal courts located in Miami-Dade County, Florida.

5. Publicity
Participation in the Program and/or acceptance of a Reward constitutes permission to Program Entities to use any User's statements, biographical information, and city and state address for any and all promotional or advertising purposes in connection with the Program, on a worldwide basis and in all forms of media without review, permission or further compensation of any amount or kind whatsoever, where permitted by law.

6. Conduct
a. Prohibited Conduct, Generally
Users agree not to use the Program to:

  1. Violate applicable law;
  2. Infringes the intellectual property rights of the Program Entities or any third parties;
  3. Stalk, harass, or harm another individual;
  4. Collect or store personal data about other Users;
  5. Impersonate any person, or otherwise misrepresent User's identity;
  6. 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;
  7. Interfere with another User's use of the Program;
  8. Attempt to gain unauthorized access to the Program, or to other accounts, computer systems, or networks connected to the Program;
  9. Transmit any file that contains viruses, worms, Trojan horses, or any other contaminating or destructive features;
  10. Use the Program to conduct any activity or solicit the performance of any illegal activity or other activity that infringes the rights of others;
  11. Resell, barter, trade, auction or otherwise generate income by providing access to the Program to others.

b. Bulk Distribution
If a Referrer provides a Personal Link 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 members. Bulk email distribution, distribution to strangers, or any other promotion of a Personal Link in a manner that would constitute or appear to constitute unsolicited commercial email or "spam" in Program Entities' sole discretion is expressly prohibited and may be grounds for immediate termination of the Referrer's account and deactivation of the Personal Link.

c. Fraudulent and Suspicious Behavior
Program Entities may prohibit a User from participating in the Program or receiving a 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 of intending to annoy, abuse, threaten or harass any other users or representatives of Program Entities. Use of any automated system 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. Program Entities reserve the right to disqualify any User and/or cancel any Reward(s) it finds to be tampering with the entry process or the operation of the Program, submitting self referrals, or violating these Terms and Conditions. Referrals generated by a script, macro or other automated means will be disqualified. If a solution cannot be found to restore the integrity of the Program, we reserve the right to cancel, change, or suspend the Program.

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

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