Refer-a-Friend Program Terms & Conditions
This Refer-a-Friend Program Agreement (“Agreement”) is entered into by Level Home, Inc. (“Level,” “we,” “us,” or “our”) and the referring party (“Participant,” “you,” or “your”). You represent and warrant that: (a) you have full legal authority to enter into this Agreement; (b) you have fully read and understand the Agreement; and (c) you agree to all terms of this Agreement (“Terms”). You are subject to the terms of this Agreement, Level’s Terms of Service, and Level’s Privacy Statement. We reserve the right to update, modify, or discontinue the Program or to update or modify the Terms at any time, in our own sole discretion without notice. Any unclaimed referral rewards will be forfeited at the time the Program is discontinued. Your continued participation in the Program after such update or modification of the Terms is your confirmation that you agree to be bound by the Terms.
Definitions.
“Ineligible Referrals” is defined as someone who is not fully compliant with these Terms and Conditions
“Participant” is defined as a member of this Program who has made a Purchase with Level.
“Program” is defined as this Refer-a-Friend Program.
“Purchase” is defined as a purchase made at https://level.co between Buyer and Supplier for the purchase and sale of Goods and/or Services, to which these Standard Purchase Terms are attached or are incorporated by reference.
“Qualified Referral” is defined as a purchase made at https://level.co by a Referred Customer who arrives at our website by clicking your Refer-a-Friend program link and is not returned to the supplier.
“Referral Link” also called a personal referral link or personal URL (PURL), is defined as a link that uniquely associates an advocate to a referral program. An advocate uses their personal referral link to refer friends to a site or business. When this link is clicked by a friend, the friend is taken to the associated destination URL. Also, the referred friend’s browser will be cookied by Friendbuy with information about the referral.
“Referral Reward” is defined as reward(s) given to the Participant for Qualified Referral(s) by Level after confirmation of such referral.
“Referred Customer” is defined as an individual who is not the Participant and not an existing Level customer or living at the same address as an existing Level customer.
“Territory” is limited to the United States.
Program Overview. You are limited to one Qualified Referral for each Referred Customer located in the Territory; in other words, additional/repeat purchases made by a Referred Customer are not counted as additional Qualified Referrals. For you to earn referral rewards as a Participant, the Referred Customer must complete an order greater than $199 in total value, minus all fees including taxes, discounts, shipping, returns, chargebacks, fraudulent payments, and/or other third party fees. Level will pay the Participant a one-time payment for each Qualified Referral (“Reward Payment”). The Referral Reward must be claimed within one (1) year of the Referral Link being sent to the Participant. The Reward Payment will be made no later than 60 days after the date after confirmation by Level of such Qualified Referral. The maximum Qualified Referrals earned per calendar year may be no more than twenty (20) Qualified Referrals. As a Participant, you are responsible for any and all tax liability resulting from Referral Rewards. Eligibility is limited to individuals only. Level’s Program cannot be used by businesses for affiliate lead generation as determined in Level’s sole discretion. (For avoidance of doubt, corporations are not considered individuals).
1. Level reserves the right to close the account(s) of any Participant and/or Referred Customer and to request proper payment if the Participant and/or Referred Customer attempts to use the Level Refer-a-Friend program in a questionable manner or breaches any of these Terms or is in violation of any law, statute or governmental regulation.
2. Acceptable Use of Referral Link. Upon request of Level, Participant will identify to Level each place the Participant used its Referral Link, including links and sending emails. Participant shall not send, post, transmit, or otherwise place the Referral Link or any Level content, including Level’s name in connection with any materials, sites, or otherwise that (a) will generate or facilitate unsolicited bulk emails; (b) will violate, or otherwise encourage the violation of, the legal rights of others under the laws of any jurisdiction; (c) is for unlawful, invasive, infringing, defamatory, or fraudulent purpose; (d) contains obscene or pornographic content; and/or (e) harasses or has a tendency to harass persons.
3.Compliance with Laws. Participant must comply with all applicable laws, ordinances, rules, regulations, orders, licensing and registration requirements, or other requirements of any governmental authority with jurisdiction over the Participant and Program, including all federal, state, or other applicable laws governing: (a) marketing and affiliate marketing email, communications, and services such as CAN-SPAM Act of 2003 and other anti-spam laws; (b) data and (c) anti-bribery and anti-corruption laws. For example, emails must be created and distributed in a personal manner and bulk email distribution is strongly discouraged. Any distribution of your referral link that could constitute unsolicited commercial email or "spam" under any applicable law or regulation is expressly prohibited and will be grounds for immediate termination of your account and exclusion from Level’s Refer-a-Friend program.
4. Term and Termination. Subject to and in accordance with applicable law, upon termination of Participant’s participation in the Program, no further payments will be paid to Participant, except for fees related to then-existing Qualified Referrals and fees related to Referred Customers who may become Qualified Referrals after the date of Participant’s participation in the Program ends. Any complaints received due to spam or any unlawful activities may result in the forfeit of any and all existing Referral Reward(s) and removal of Participant from the Program.
5. Payment. A payment through the form of a gift card will be issued 30 days after the completion of the Qualified Referral.
6. Confidentiality. Participant may not disclose the terms, conditions, or existence of any non-public aspect of the Program to any third party, except to its professional advisors under a strict duty of confidentiality or as needed to comply with applicable law.
7. Warranty. Participant represents and warrants to Level that: (a) Participant has the full right, power, and authority to agree to these Terms and to perform the acts required of Participant hereunder; (b) the agreement to the Terms and the performance by Participant of its obligations and duties hereunder, do not and will not violate any agreement to which Participant is a party or by which it is otherwise bound; (c) when Participant indicates its acceptance of these Terms electronically, these Terms will constitute the legal, valid and binding obligation of Participant, enforceable against Participant in accordance with its terms; and (d) Participant will comply with all laws, rules, and regulations. Each party acknowledges that the other party makes no representations, warranties, or agreements which are not expressly provided for in these Terms.
8. Indemnification. Participant will defend, indemnify, and hold harmless Level, is affiliates, directors, officers and employees against all liabilities, damages, losses, costs, fees including legal fees, and expenses related to any allegation or third-party claims to the extent arising out of: Participant’s participation in the Program and Participant’s breach of any representation or warranty in this Agreement.
9. Disclaimer. Level disclaims all implied warranties, including without limitation for the non-infringement, satisfactory quality, merchantability and fitness for any purpose. To the fullest extent permitted by law, the Program is provided “AS IS” and at Participant’s option and risk. Level does not guarantee any results. Except for Section 4 and Section 11, to the full extent permitted by law regardless of the theory or type of claim: (a) no party may be held liable under this Agreement or arising out of performance of this Agreement for any damages other than direct damages, even if the party is aware or should know that such damages are possible and even if direct damages do not satisfy a remedy and (b) no party may be held liable for damages under this Agreement in the aggregate of more than the amount paid by Level to Participant under this Agreement in the 12 months preceding the event giving rise to the first claim.
10. Limitation of Liability. Neither party is liable to the other party for special, indirect, incidental, punitive, or exemplary losses, damages, or expenses including but not limited to claims for lost business profits or revenue, loss, interruption or unavailability of data, interruption of business operations, or the cost of the procurement of substitute goods or services. Notwithstanding anything stated in this Agreement, in no event will either party’s aggregate liability under these Terms exceed the total fees paid by Level to Participant hereunder. This limitation of liability will not apply where, under the applicable law, the statutory damages exceed this limitation of liability. In this instance, the indemnifying party shall indemnify the other party for any and all losses exceeding the limitation.
11. Notices. All notices pursuant to these Terms must be in writing and may be provided electronically to Level. Notice may be sent to Level at: 935 Main Street, Redwood City, CA 94063, with a copy to legal@level.co.
12. Dispute Resolution. The parties will act in good faith to promptly resolve any dispute arising out of or relating to these Terms between the appropriate representatives for each party. In the event the parties are unable to resolve a dispute, controversy or claim, the parties will resolve such dispute by final and binding arbitration in Redwood City, California. The decision of the arbitrator shall be final and binding on the parties, and judgment thereon may be entered in a court of competent jurisdiction. Either party may provide written notice to the other party of its intention to arbitrate. This provision will constitute as a waiver of each party’s right to a jury trial. The parties understand and acknowledge this waiver and agree not to challenge its applicability. Any challenge will result in the party paying the costs of defending the enforceability of this waiver, even if a court of competent jurisdiction determines that a mandatory arbitration does not apply.
13. Governing Law. All claims arising out of or relating to this Agreement or any related Level products or services will be governed by the laws of the State of California, excluding California’s conflicts of law rules.
14. Miscellaneous. If any part of these Terms is found to be invalid or unenforceable, the remainder of these Terms shall remain in full force and effect. These Terms constitute the entire agreement between the parties and supersedes all previous drafts, agreements, arrangements, and understandings between them, whether written or oral, relating to its subject matter.
