By clicking on the “Refer a Friend” link in your Greenlight Financial Technology, Inc. (“we”, “our,” or “Greenlight”) account, or enrolling through another Greenlight provided method, and sharing your unique referral link (“Referral Link”) with your friends and family via email, text or Facebook (“Referrals”), you agree that these Referral Program Terms and Conditions (“Terms”) will apply. These Terms are in addition to the Greenlight Terms of Service available at greenlight.com/terms-of-service/ (“Greenlight Terms of Service”), which govern your use of the Greenlight websites, greenlight.com and gift.greenlight.com (the “Websites”), the Greenlight application for mobile phone, tablet or any other portable device (the “Application”), and the Greenlight Services. Any capitalized terms appearing in these Terms, but not otherwise defined herein, are defined in the Greenlight Terms of Service. In the event of a conflict between the Greenlight Terms of Service and these Terms, these Terms will govern solely to the extent of the conflict. Unless specified otherwise in these Terms, the terms “you,” “your” and “yours” refer to the person participating in the Referral Program by providing Referrals, or their parent or legal guardian if a minor in their state of residence.
- Representations. By participating in the Referral Program (or if you are a parent or legal guardian authorizing a minor to participate in the Referral Program), you represent and warrant that (i) you are a natural person; (ii) you are at least 18 years of age (or older if you reside in a state where the age of majority is older); (iii) you are a legal resident of the United States; and (iv) you agree to abide by these Terms.
- Referral Program. The “Referral Program” is an opportunity for you, the Primary Accountholder or a Sub-Account Cardholder, to promote and refer Greenlight Services with the intent that these Referrals will themselves become either Primary Accountholders or Sub-Account Cardholders receiving Greenlight Services.
- Referred Customers. Any individual referred by you shall become a “Referred Customer” only if such individual (or their parent or legal guardian if a minor): (i) has not previously entered into an agreement with Greenlight to receive Greenlight Services; (ii) has not previously opened a Greenlight Account in order to receive Greenlight Services together with an associated Card Account with the Issuer; and (iii) has not been previously referred or introduced to the Issuer or Greenlight in order to procure Greenlight Services, a Greenlight Account or a Card Account by another Greenlight customer or by a Greenlight affiliate partner.
- Referral Rewards. Except as set forth in Section 6, for each Referred Customer which is accepted by Greenlight, you will receive a “Referral Reward” as follows: Greenlight will credit your Greenlight Primary Account for an amount equal to the reward advertised at the time you share the Referral Link with the Referred Customer and the Referred Customer will receive in his or her Greenlight Primary Account an amount equal to the reward advertised at the time you share the Referral Link with the Referred Customer according to Greenlight’s records. As a general matter, a Referred Customer shall only be considered accepted once the Referred Customer: (i) successfully completes the account registration and identity verification process; (ii) receives Greenlight Services through a Greenlight Account, as either a Primary Accountholder or Sub-Account Cardholder, for a period of not less than thirty (30) calendar days; and (iii) pays their first Monthly Fee through a deduction from their Primary Account. Individuals under the age of 13 are not eligible to make Referrals or receive Referral Rewards.
- Teen Referral Rewards. If an individual is at least 13 years old but under the age of 18 (or the age of majority in the state where he or she resides) (each, a “Teen”), the Teen is considered a Sub-Account Cardholder and the Referral Program works differently. For each Referred Customer who is referred by a Teen and “accepted” by Greenlight, the Teen and the associated Primary Accountholder will receive notice that a Referral Reward is available as a result of a Teen Referral. The Primary Accountholder will have the option to (i) transfer the Referral Reward to the Teen’s Sub-Account, or (ii) decline the transfer and deposit the Referral Reward into the parent’s Primary Account (a.k.a. parent wallet). The Referral Reward will not be automatically transferred to the Teen’s Sub-Account, but will only be transferred there if directed by the Primary Accountholder through the Application. Within the Application, the Teen can also request that the Primary Accountholder transfer the Referral Reward to the Teen’s Sub-Account. If the Referred Customer is also a minor, the parent or guardian of the Referred Customer will need to open a Greenlight Account in order for the Referred Customer (or associated Primary Accountholder) to receive his or her Referral Reward. The process for accepting the payment of a Referral Reward by a Referred Customer is similar to the process described above for Teens making Referrals if the Referred Customer is a minor. Individuals under the age of 13 are not eligible to make Referrals or receive Referral Rewards.
- Verification; No Cash Value. Referral Rewards are subject to verification. Greenlight may delay a Referral Reward for the purposes of investigation. Greenlight may also refuse to verify and process any transaction for any reason, and additional restrictions may apply.
Unless otherwise stated, Referral Rewards have no monetary value and may not be redeemed for cash. They are not transferable and may not be auctioned, traded, bartered or sold.
- Limitations on Referral Rewards. Notwithstanding anything to the contrary in these Terms, Greenlight may refuse to accept any Referred Customer in its sole discretion. Furthermore, your participation in the Referral Program does not guarantee the receipt of any Referral Reward by you or the Referred Customer. Referral Rewards associated with the Referral Program are subject to change at any time. The type, amount, value, or duration of Referral Rewards, if any, are determined at the sole discretion of Greenlight, and can be terminated at any time. The specific Referral Rewards in effect at any time will be those posted and described on the Websites or in the Application at the time you share the Referral Link with a Referred Customer. Greenlight reserves the right to terminate the Referral Program, or terminate or modify any aspect thereof, at any time and without prior notice. Referral Rewards earned prior to any modification or termination of the Referral Program will be honored by Greenlight unless they were awarded as a result of a violation of these Terms such as through a bulk spam email distribution or through the posting of a Referral Link on a third-party deal site. In such cases, both you and the Referred Customer will forfeit the right to receive Referral Rewards and, if they have already been paid, the Referral Rewards are subject to forfeiture or reclamation by Greenlight. You shall use the Referral Program strictly in accordance with the Greenlight Terms of Service and in a manner consistent with all applicable local, state, national, and international laws. You will not use the Referral Program for any purpose other than the promotional purpose of encouraging your friends, colleagues and family members to enroll for Greenlight Services. You will only be eligible to receive a maximum of $600.00 per calendar year in Referral Rewards regardless of the number of Referrals that are made under the Referral Program. All of Greenlight’s decisions about your participation in the Referral Program and your eligibility for Referral Rewards, and the amount of any Referral Rewards you have earned, are final and binding.
- Relationship. You agree that that you will properly disclose your relationship with Greenlight in all communications with Referred Customers regarding the Greenlight Services and the Referral Program. Specifically, you must disclose the potential Referral Reward in your communication with Referred Customers. Your communication(s) with Referred Customers regarding the Greenlight Services, may not directly or indirectly state or imply that you are a Greenlight employee, intermediary, or agent, or that you are otherwise a legal representative of Greenlight.
- Compliance. You cannot refer yourself or create multiple, fictitious or fake accounts with Greenlight or participate in the Referral Program as a “Referred Customer”. You may not use the Referral Program to violate any law, infringe or violate the rights of any third party, or otherwise act in a manner that is deemed harassing, harmful, illegal, hateful, obscene or outside the spirit and intent of the Referral Program. In addition, you may not (i) tamper with the Referral Program, (ii) act in an unfair or disruptive manner, or (iii) use any system, bot or other device or artifice to participate or receive any benefit in the Referral Program. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE REFERRAL PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, GREENLIGHT RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING POTENTIAL CRIMINAL PROSECUTION.
Employees of Greenlight and any of its subsidiaries, affiliates and advertising agencies are not eligible to participate in the Referral Program.
- Liability. YOU UNDERSTAND AND AGREE THAT THE RELEASED PARTIES (DEFINED BELOW) 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 GREENLIGHT WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). By participating in the Referral Program, you agree to defend, indemnify, release and hold harmless Greenlight, and its affiliates and subsidiaries, together with their respective employees, directors, officers, shareholders, attorneys and agents (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 the Referral Program (including, without limitation, any property loss, damage, caused to any person(s)) and/or the awarding, receipt and/or use or misuse of any benefit in the Referral Program. To be clear, the Released Parties shall not be liable for any technical errors or malfunctions, data theft or corruption, any printing or typographical error, or any damage to any computer system resulting from participating in, or accessing or downloading information in connection with the Referral Program. The Released Parties shall not be liable to any users for failure to supply any advertised benefit, by reason of any acts of God, any action or request by any governmental or quasi-governmental entity (whether or not valid), or any other activity or action that is beyond any of the Released Parties’ reasonable control. TO THE FULLEST EXTENT PERMITTED BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE REFERRAL PROGRAM, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.
- Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) THE REFERRAL PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GREENLIGHT EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS AND TERMS 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 REFERRAL PROGRAM, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE AND GIVE NO WARRANTY THAT (i) THE REFERRAL PROGRAM WILL MEET YOUR REQUIREMENTS, (ii) THE REFERRAL PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, AND (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE REFERRAL PROGRAM WILL MEET YOUR EXPECTATIONS, AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE REFERRAL PROGRAM WILL BE 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.
- Bulk Distribution (“Spam”). As you are the actual sender of the emails, texts or Facebook messages, you must comply with applicable law. Referrals must be created and distributed in a personal manner that is appropriate and customary for communications with friends, colleagues and family members. By submitting any email address as part of the Referral Program, you represent that you have the appropriate permission and consent. Bulk email distribution, distribution to strangers, posting the Referral Link to third party deal sites, or any other use of the Referral Program in a manner that is not permitted by these Terms is expressly prohibited and may be grounds for immediate termination and further legal action. For further clarity, posting a Referral Link to your personal social media profile page or news feed is permitted. Greenlight has no obligation to monitor the Referral Program or any communications; however, Greenlight may choose to do so and block any email or text messages generated from the Application, remove any such content, or prohibit any use of the Referral Program. If you do not comply with the law, including, but not limited to, anti-spam laws, you are obligated to indemnify Greenlight against any liabilities, costs and expenses it incurs as a result of such spam.
- Sign-In Credentials. You and the Referred Customers are responsible for maintaining the confidentially of any sign-in credentials and are fully responsible for all activities that occur through the use of them. You agree to notify Greenlight immediately if you suspect unauthorized access to your or a Referred Customer’s account. You agree that Greenlight will not be liable for any loss or damage arising from unauthorized use of their credentials.
- Right to Cancel, Modify or Terminate. Greenlight reserve the right to cancel, modify or terminate the Referral Program at any time for any reason and reserves the right to disqualify you or any Referred Customer at any time from participation in the Referral Program if you or a Referred Customer does not comply with any of these Terms.