Adyn, Inc. ("we", "Adyn" or "Company") may, from time to time, offer users of our service ("Service") the opportunity to refer friends to try the Service ("Adyn Referral Program" or "Program"). We reserve the right to terminate the Program at any time for any reason. The Program is administered on our behalf by Sparktech Software Ltd doing business as Referral Hero, 102 Bromstone Road, Broadstairs, United Kingdom, CT10 2HX ("Service Provider") (together with Adyn, the "Program Entities").
By participating in the Program, you agree to be bound by these Terms and Conditions and Adyn’s Terms of Service (https://www.adyn.com/terms-of-service) (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.
2. How the Program Works.
Program Participation To participate in the Program, visit www.adyn.com in the United States exclusive of NY, NJ, or RI ("US") and follow the on-screen instructions to join the waitlist and obtain your unique referral link to refer friends, family members or colleagues to the Service. In the US, 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: be a legal resident of the US (excluding NY, NJ, RI) and be at least 18 years old. Employees of the Company, Service Provider, 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 referral link ("Personal Link") that allows the Referrer to receive credit for Qualified Referrals ("Credit"). Personal Links 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. Referrers must respect the spirit of the Program by only referring individuals who meet the requirements of these Terms. Referrers cannot refer themselves. Referrers shall not create multiple or fake accounts with the Company or participate in the Program using multiple or fake email addresses or identities.
Qualified Referrals A Qualified Referral means that all the following conditions are met:
Only one Qualified Referral can be earned for each Referred Customer during the Program term.
Credit for Qualified Referrals Credit can only be awarded for Qualified Referrals.
Earning Rewards Referrer shall receive the following Rewards for Qualified Referrals:
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.
The Referrer will be notified of each Award by email with redemption instructions within 30 days of each Qualified Referral.
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 have no monetary value and may not be redeemed for cash with Adyn. 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 Adyn referral account for any reason, any unredeemed Credit and Rewards accumulated by the Referrer are 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.
Trademarks The registered or unregistered logos, product and service names are or may be trademarks of the Company or its licensors (the "Marks"). Without the Company's prior written permission, and except as solely enabled by any link as provided by the Company or in accordance with the limited license set forth above, you agree not to display or use in any manner the Marks.
4. Liability By participating in the Program, Users agree to:
Company shall not be liable for:
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.
Disclaimer of Warranties USERS EXPRESSLY UNDERSTAND AND AGREE THAT: (A) USE OF THE PROGRAM IS AT THEIR SOLE RISK, THE PROGRAM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THE COMPANY EXPRESSLY DISCLAIMS, TO THE EXTENT PERMITTED BY LAW, 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 NON-INFRINGEMENT; (B) THE COMPANY MAKES AND GIVES NO WARRANTY THAT (i) THE PROGRAM WILL MEET USERS' REQUIREMENTS, (ii) BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS OBTAINED FROM THE USE OF THE PROGRAM WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY USER THROUGH THE PROGRAM WILL MEET YOUR EXPECTATIONS, AND (v) 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.
Limitation of Liability and Indemnification 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 FOLLOWING LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY, 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 THE COMPANY 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. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW LAW, THE COMPANY'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), WILL NOT EXCEED US$100 IN THE US. Users participate in and use the Program at their own risk.
5. 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:
Bulk Distribution ("Spam") If a Referrer provides a Personal Link to a Referred Customer by email or other personal communication, the communication 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, phone numbers or social profiles 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 Link 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 Link. 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 of intending to annoy, abuse, threaten or harass any other users or representatives of the Company. 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.
6. Suggestions and Submissions. The Company appreciates hearing from Users and welcomes your comments regarding the Program. Please be advised, however, that the Company does not accept or consider creative ideas, suggestions, inventions, or materials ("creative ideas") other than those which we have specifically requested. While the Company values your feedback on the Program, please be specific in your comments and do not submit creative ideas. If, despite this request, you send the Company creative ideas, the Company:
7. Sign-In Credentials. To see the personal Company ["Refer-a-Friend"] page or account or to use the Program, Users may need to sign in with their credentials. Users are responsible for maintaining the confidentiality of their sign-in credentials and are fully responsible for all activities that occur through the use of them. Users agree to notify the Company immediately if they believe the confidentiality of their sign-in credentials has been compromised or if they suspect unauthorized use of their account. Users agree that the Company will not be liable for any loss or damage arising from unauthorized use of their credentials.
8. 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 Delaware 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 the State of Delaware in each case located in the City of Wilmington and County of New Castle, 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 the County of New Castle in the state of Delaware. 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.
9. 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.
This website is operated by ADYN, Inc, 2093 Philadelphia Pike #5353 Claymont, DE 19703.
All other feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: email@example.com.