REFER-A-FRIEND PROGRAM TERMS
1. How the Program Works
“Referrer” shall mean a real person who refers friends, family members or colleagues.
“Referred Customer” shall mean a real person whose name and email address have been provided to Company by a Referrer.
“User” shall mean (a) any Referrer, and/or (b) any Referred Customer who, upon receiving the Personal Link (defined below) chooses to participate in the Program.
Program Participation Generally
To participate as a Referrer, visit https://www.quiksilver.com/refer-a-friend and follow the on-screen instructions to refer your friends, family members, or colleagues to the Site by entering each person’s name and email address in the recipient box (“Referral”). There is no limit to the number of real people you may refer, however, please only refer people who you reasonably believe would want to know about Company.
For every “Qualified Referral” (defined below), a Referrer may be eligible to receive “Referral Reward(s)” (also defined below), provided Referrer is otherwise eligible under, and fully compliant with, the Program Terms.
Once a User 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 be eligible to receive Referral Reward(s) for Qualified Referrals. An invitation will be sent to the Referred Customers and will include the Referrer’s Personal Link. Also, the Referrer making the Referral will receive a copy of the Personal Link that the Referrer may share directly with others.
Company reserves the right to modify or amend these Program Terms and the methods through which Referral Rewards are earned. Company reserves the right to disqualify any User at any time from participation in the Program if such User does not comply with any of the Program Terms.
To be a Referrer, you must be a legal resident of the United States. In addition, you must be at least 18 years old, and be legally permitted to provide the personal information (e.g., name and email address) of each Referred Customer. Referrers may only refer real persons who meet the requirements of the Program Terms, including being a friend, family member or colleague of the Referrer and who the Referrer reasonably believes would want to receive the benefits of the Program. Referrers may not refer themselves or fictitious persons.
Referred Customers must be real persons and not the Referrer or any person under the legal control of the Referrer. In addition, Referred Customers must be at least 18 years of age or be of an age whereby the Referred Customer is permitted by the laws of his/her residence to enter into a contract for the purchase of goods.
Employees of Program Entities or their subsidiaries, affiliates, or promotional agencies, including immediate family and household members, are not eligible to participate in the Program.
Referral Rewards can only be awarded for Qualified Referrals. A “Qualified Referral” occurs when all the following conditions are met:
1. The Referred Customer completes a purchase using the Referrer’s Personal Link (embedded into the email). If a Referred Customer makes a purchase on the Site using any other method, the purchase will not count as a Qualified Referral and Referrer will not receive a Referral Reward; and
2. The Referred Customer makes a “Qualifying Purchase.” A “Qualifying Purchase” means the Referred Customer’s purchase of merchandise (apparel, accessories, home goods, beauty products, etc., excluding purchase of gift cards) on the Site and such purchase is not returned to Company or cancelled within four (4) weeks of the date of purchase.
Receiving Referral Rewards
The Referrer shall receive one (1) referral reward (“Referral Reward”) for each valid and verified Qualified Referral generated by that Referrer. The value of Referral Rewards will be specified in the Program announcement on the Program page on the Site: https://www.quiksilver.com/refer-a-friend . Company reserves the right to change the Referral Reward offering at its sole discretion. The value of the Referral Rewards shall be recorded within the Personal Link that is generated at the time of the Referral. If Company chooses to change the Program and offer a different value/type of Referral Reward, then a new Personal Link will be generated and Referrals under the new offering shall record the new Referral Reward value.
Redeeming Referral Rewards
A User may redeem Referral Rewards only on purchases made on the Site. Referral Rewards may not be used to purchase gift cards or certain third party products as determined by Company in its sole discretion. Only one Referral Reward may be used per online transaction. Referral Rewards cannot be combined with other promotions or discounts.
Referral Rewards Can’t Be Used For Gift Card Purchases
For clarity, Referral Rewards may not be used for purchases of Company gift cards, whether physical or digital, from the Site.
All Rewards Subject to Verification
Referral Rewards are subject to verification. Program Entities may withhold a Referral Reward for investigation or refuse to process any transaction that Company deems fraudulent, suspicious, in violation of the Program Terms, or believes will impose liability on Company, its subsidiaries, affiliates, or any of their respective officers, directors, employees, representatives, and agents.
All Program Entities’ decisions are final and binding, including decisions as to whether a Qualified Referral or Referral Reward is valid.
Referral Rewards are not property, have no monetary value, and may not be redeemed for cash. Referral Rewards are not transferable and may not be assigned, auctioned, traded, bartered or sold. While Company reserves the right to terminate the Program at any time, verified Referral Rewards shall be valid for six (6) months from the date issued. Company reserves the right to revoke Referral Rewards if (a) Company determines, in its sole discretion, that User has engaged in fraudulent activity, or (b) User does not comply with any of the Program Terms, Site Terms & Conditions, or any relevant laws.
By participating in the Program, Users agree: (a) to be bound by these Program Terms, the decisions of the Program Entities and/or their designees, and the Privacy Policies of Program Entities; and (b) to be contacted by Program Entities via e-mail. Program Entities reserve the right to make changes or additions to these Program Terms for any reason at any time. Program Entities’ failure to enforce any term of these Program Terms shall not constitute a waiver of that provision.
The Program Entities will process all Referrals received but shall not be liable for: (i) late, lost, delayed, stolen, misdirected, incomplete, unreadable, inaccurate, garbled, or unintelligible Referrals or communications, 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 Referrals or other materials; or (iv) any printing, typographical, administrative, or technological errors in any websites or materials associated with the Program. 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 function of the Program.
The Program Entities shall not be liable to any Users for failure to supply any Referral 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 cause beyond the Program Entities’ control.
Any tax liabilities that accrue from the accumulation and/or use of Referral Rewards are the sole responsibility of the User.
4. Bulk Distribution Prohibited
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, family members or colleagues. 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.
5. Disclaimer of Warranties
USERS 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 THE COMPANY 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 NON-INFRINGEMENT; (B) THE COMPANY MAKES AND GIVES NO WARRANTY THAT (i) THE PROGRAM WILL MEET YOUR 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 YOU 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.
6. Limitation of Liability and Indemnification
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. 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, 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 $100.