New Givers: Referral Program Terms & Conditions
Last Updated: July 18, 2022
We believe that Givelify ("Givelify", "we", "us", or "our") is the right long-term digital donation platform for the donation needs of all qualified organizations ("Referrer", "you", or "your"). We believe that Givelify is the best digital giving platform. Thus, To help your organization exceed its 2022 financial goals, we've launched the “New Givers Referral Program " (the "Program") discussed in further detail below.
Givelify may, at any time and in its sole discretion, without prior notice, terminate, cancel, suspend, or modify the Program or these Terms. You are deemed to be aware of and bound by such changes by your continued access to or participation in the Program. We will indicate that changes have been made by updating the "Last Updated" date located above at the beginning of these Terms. If you do not accept any such changes, your sole and exclusive remedy is to cease participation in the Program.
We reserve the right to disqualify you from participation in the Program at any time at our sole discretion, including without limitation if you do not comply with any of these Terms or otherwise fail to comply with applicable law.
How the Program Works:
- Program Participation, Generally.
- This Program allows you to invite new donors ("New Givers") to sign up and donate to your organization using Givelify. You will earn a Reward (discussed below) when New Givers sign up and make an eligible donation (defined below).
- To participate in the Program, you should visit www.givelify.com/referral-campaign ("Webpage") and follow the on-screen instructions.
- Eligibility. To be "eligible" for the Program and qualify for the Rewards:
IF YOU ARE UNDER 18 YEARS OF AGE, YOU MAY NOT USE, ACCESS OR PARTICIPATE IN THE PROGRAM AT ANY TIME OR IN ANY MANNER.
- you must be a legal resident of the United States of America and at least 18 years old; and
- your organization must have an active account with a Merchant ID and be in good standing at the time of participation.
- Qualified Referrals
- Referrers must respect the spirit of the Program by only referring real individuals who meet the requirements of these Terms. Referrers cannot refer themselves. For example, a Referrer may not create multiple or fake accounts with Givelify or participate in the Program using multiple or fake e-mail addresses or identities.
- A "Qualified Referral" means that all of the following conditions are met:
- Your organization must have received an invitation from Givelify to participate in the Program (which you can freely publish or distribute to New Givers as needed);
- You must provide the full name, title, e-mail, primary telephone number, and address of your organization's faith leader (e.g., Senior Pastor, Lead Pastor, Imam, Rabbi, etc.)
- New Givers must register new accounts and make at least their first donation of at least $5.00 between August 7, 2022, at 12:00 AM EST and August 21, 2022, at 11:59 PM EST (inclusive) to your organization;
- New Givers must register as a new Givelify customer, including having their own unique contact and account information (previously rejected and/or registered customers will not be considered a "Qualified Referral").
- Donations canceled, refunded, or charged-back by the New Giver, Referrer, or Givelify during the Program are not Qualified Referrals.
- Verified Qualified Referrals.
Rewards are subject to verification. We may delay a Reward for the purposes of investigation. We may also refuse to verify and process any referral that we deem, in our sole discretion:
All of our decisions are final and binding, including decisions as to whether a Qualified Referral or Reward is verified.
- to be fraudulent, suspicious, abusive;
- will 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 Referrers or any representatives of Givelify;
- to be in violation of these Terms; or
- will impose potential liability on us, our subsidiaries, affiliates or any of our/their respective officers, directors, employees, representatives, and agents.
- You cannot transfer this offer to another organization without our approval.
- You cannot publish or distribute Givelify's invitation to participate in this Program to other organizations without our approval. If you do so, Givelify reserves the right to disqualify you from participation in and void any Qualified Referrals during the Program.
- Earning Rewards:
The reward amount is $5.00 for each New Giver ("Reward"). There is no limit to the number of New Givers you can refer during the Program. If two more Referrers invite the same New Giver, Givelify will credit the Reward to the first Referee that the New Giver donates to. The Reward will be deposited into your organization's bank account at least two (2) business days after the end of the Program and no later than August 31st, 2022.
Disclaimer of Warranties
- By participating in the Program, Referrers agree to: defend, indemnify, release and hold harmless Givelify, its 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, from any and all claims, actions, demands, damages, losses, liabilities, costs or expenses caused by, arising out of, in connection with, or related to Referrers’ 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 Reward).
- Givelify shall not be liable for:
- late, lost, delayed, stolen, misdirected, incomplete, unreadable, inaccurate, unreliable, garbled or unintelligible entries, communications or affidavits, regardless of the method of transmission;
- telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors;
- data corruption, theft, or destruction;
- any printing, typographical, administrative or technological errors in any websites or materials associated with the Program;
- claims, demands, and damages in disputes among Referrers or between Referrers and New Givers; or
- any other injuries, losses or damages of any kind resulting from acceptance, possession or use of a Reward, or from participation in the Program, that were not reasonably foreseeable to Givelify at the relevant time.
- Givelify shall not be liable to any Referrer 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 entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), or any other similar or dissimilar cause beyond Givelify's reasonable control.
- Givelify reserves the right to cancel or suspend the Program should Givelify determine, in its sole discretion, that the administration, security or fairness of the Program has been compromised in any way.
REFERRERS 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 GIVELIFY 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, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT; (B) GIVELIFY MAKES AND GIVES NO WARRANTY THAT (i) THE PROGRAM WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (ii) THE RESULTS OBTAINED FROM THE USE OF THE PROGRAM WILL BE ACCURATE OR RELIABLE, (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE PROGRAM WILL MEET YOUR EXPECTATIONS, AND (iv) 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
REFERRERS EXPRESSLY UNDERSTAND AND AGREE THAT GIVELIFY (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 GIVELIFY 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 SERVICES RESULTING FROM ANY 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, GIVELIFY'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), SHALL NOT EXCEED [$100] USD.
Applicable Law; Jurisdiction
The laws of the State of Indiana shall govern the validity, performance, enforcement, interpretation, and any other aspect of these Terms, without regard to principles of conflicts of laws thereunder. The parties shall submit to the exclusive jurisdiction and venue of the federal and state courts located in the State of Indiana for any action arising out of these Terms or use of the Site. Givelify shall have, and hereby reserves, all remedies available to it hereunder or otherwise, whether at law or in equity, and nothing herein shall be deemed to limit or exclude any such remedy. All remedies of Givelify shall be cumulative and may be exercised or sought concurrently or separately, and the exercise of one remedy shall not be deemed an election of such remedy to the exclusion of any one or more other remedies.