Referral Terms and Conditions
1 – REFERRAL PROGRAM
These are the Terms and Conditions applicable to the Majic Window Referral Program (the “Program”). Under the Program, Majic Window (“we”, “Majic” or “Company”) offers its Current Customers the opportunity to provide their friends, family, or other individuals (“Prospective Customer”) with a unique Customer ID Number or Account Email Address that a Prospective Customer can use to receive a discount on Majic products. For each product the Prospective Customer purchases, the Prospective Customer will receive a discount, and the Current Customer will receive an equivalent cash bonus. Discounts and cash bonuses are valid on first consultations only. The minimum purchase for any of Majic’s products is $5,000. If this minimum purchase is met, the Prospective Customer will receive a discount of $300, and the Current customer will receive a cash bonus of $300.
Current Customers and Prospective Customers that wish to take part in the Program are bound by these Terms and Conditions. If you do not agree and abide by these Terms and Conditions in their entirety you are not authorized to participate in the Program. Current Customers and Prospective Customers 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 these Terms and Conditions and the methods through which any Credits may be earned. We reserve the right to disqualify any Current Customer or Prospective Customer at any time from participation in the Program.
1.1 – PRIVACY
Prospective Customers that wish to use a Current Customer’s Customer ID Number or Account Email Address must submit personal information about themselves, such as name and e-mail address information, so that the Company can track the Current Customer’s Customer ID or Account Email Address to their account and mail them their Referral Bonus Check. In addition, personal information provided by the Prospective Customer may be used by the Company or its service provider, on the Company’s behalf, to contact Current Customers and/or Prospective Customers in regard to their participation in the Program and to receive e-mail communications from Company about its Products and Services. The Company may send out additional follow-up communications to either the Current Customer or Prospective Customer to encourage or remind them to refer more Prospective Customers or to complete the registration process. By participating in the Program, Current Customers consent to receiving such communications by email.
1.2 – HOW THE PROGRAM WORKS:
Generally: To participate, a Current Customer shall provide the Prospective Customer with the Current Customer’s Customer ID Number or Account Email Address. The Prospective Customer must provide the Current Customer’s Customer ID Number or Account Email Address prior to their first consultation with a Majic Sales Representative. If the Prospective Customer does not provide the Current Customer’s Customer ID Number or Account Email Address, the Prospective Customer will not qualify for Referral Discounts, nor will the Current Customer be eligible to receive Referral Bonuses, even if the Prospective Customer subsequently purchases any Majic Products.
1.3 – LIABILITY:
By participating in the Program, both Current Customers and Prospective Customers agree:
- To Defend, indemnify, release and hold harmless the Company,its service providers 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, actions, 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 Credit); and
- To Receive communications from Company from time to time. That Company shall not be liable for:
- Late, lost, delayed, stolen, misdirected, incomplete, inaccurate, unreliable, garbled or unintelligible registrations, links, communications or affidavits, regardless of the method of transmission;
- Data corruption, theft, destruction, unauthorized access to or alteration of account information or other materials;
- Any injuries, losses or damages of any kind resulting from acceptance, possession or use of a Credit, or from participation in the Program, that were not reasonably foreseeable to the Company at the relevant time;
- Any printing, typographical, administrative or technological errors in any websites or materials associated with the Program; or
- Claims, demands, and damages in disputes among users of the Program.
1.4 – DISCLAIMERS:
- 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 Current Customer for failure to supply any Referral Discounts 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 should it determine, in its sole discretion, that the administration, security or fairness of the Program has been compromised in any way.
1.5 – CONDUCT:
- Prohibited Conduct, Generally.
Current Customers agree not to use the Program to:
- Violate applicable law;
- Stalk, harass, or harm another individual;
- Collect or store personal data about other Current Customers;
- Impersonate any person or otherwise misrepresent Current Customer’s identity;
- 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;
- Interfere with another Current Customer’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, barter, trade, auction or otherwise generate income by providing access to the Program to others;
- Submit personal information relating to third parties to the Program without the consent of those third parties.
- Bulk Distribution (“Spam”).
- If a current Customer provides a Customer ID Number or Account Email Address to a Prospective 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. By using a Current Customer’s Customer ID Number or Account Email Address, the Prospective Customer represents that he/she has given consent to Company to send Current Customer his/her personal information such as full name and email address.
- 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 Current Customer’s account and deactivation of the Customer ID Number or Account Email Address. We have a zero-tolerance spam policy.
- The Company has no obligation to monitor the content provided by Current Customers; however, the Company may choose to do so and block any email messages, remove any such content, or prohibit any use of the Program.
- Fraudulent and Suspicious Behavior
- The Company may prohibit a Current Customer from participating in the Program or receiving a Credit, in their sole discretion, if they determine such Current Customer, either directly or indirectly 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 that would in any way annoy, abuse, threaten or harass any other users or representatives of the Company.
- Use of any automated system, script, or macro to participate in the Program or generate Qualified Referrals is strictly prohibited and will result in the responsible Current Customer’s disqualification from the Program.
- Current Customers may not enter with multiple or fake email addresses or accounts, use fictitious identities or use any system, bot or other device or artifice to participate in the Program or receive a Credit.
- The Company reserves the right to disqualify any Current Customer and/or cancel any Credit(s) if they determine a Current Customer has tampered with the operation of the Program or violated these Terms and Conditions.
The Company reserves the right to suspend, disqualify or terminate any Current Customer or Prospective Customers participation in the Program and forfeit any Credits or credits earned if the Current Customer or Prospective Customer is found to have engaged in any prohibited conduct or otherwise violated the provisions of this Section 5. If Current Customers have engaged in prohibited conduct, spam or fraudulent or suspicious behavior that undermines or affects the integrity or credibility of the Program, and the Company is unable to find a solution to restore the integrity and credibility of the Program, then the Company may in its sole discretion cancel, change or suspect the Program.
CAUTION: ANY DELIBERATE ATTEMPT TO DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY CONSITUTE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM FURTHER PARTICIPATION IN THE PROGRAM. THE COMPANY RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION, IN THE EVENT OF ANY SUCH ATTEMPT.
1.6 – APPLICABLE LAW:
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 the laws of the State of Michigan, without giving effect to any choice or conflict of law rule (whether of Michigan or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than Michigan. Current Customers and Prospective Customers expressly consent and agree to submit to the exclusive jurisdiction and venue of the United States District Court for the Central District of Michigan or, for matters not susceptible of adjudication in the federal courts, the courts of the State of Michigan located in Oakland County, in all disputes arising out of or relating to the use of the Services. The parties specifically waive the right to a jury trial in connection with any dispute arising out of this Agreement, or between or among the parties for any reason.
1.7 – GENERAL TERMS:
These Terms constitute the entire agreement between Current Customers and the Company concerning Current Customers’ 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.