enTouch Wireless Referral Program Terms and Conditions
Last updated December 20, 2019
IMPORTANT: Please read this Program Membership Agreement ("Agreement") carefully before enrolling as a member of the enTouch Wireless Referral Program ("Referral Program").
This Agreement explains the terms and conditions that govern your participation in the Referral Program. This Agreement is between you and enTouch Wireless. It is your responsibility to read and understand the terms and conditions of this Agreement. By registering as a member ("Member") in the Referral Program, you agree to be bound by the Referral Program Terms and Conditions.
I. Referral Program Overview
1) This is an online-only program designed to reward enTouch Wireless customers for referring new enTouch Wireless customers who are either approved for enTouch Wireless Lifeline Program ("Lifeline Program"), or certain other products or services, as designated by enTouch Wireless from time to time. The Referral Program is online-only, and the Referral Program website is located at https://www.entouchwireless.com/referral("Program Website").
2) Referral Program benefits are offered to Members at the sole discretion of enTouch Wireless. enTouch Wireless has the right to change the Referral Program Terms and Conditions, in whole or in part, or to terminate the Referral Program, at any time with or without notice to Members.
II. Eligibility and Registration Requirements
1) You must be of legal age (at least 18 years or older) in your respective state to qualify for membership in the Referral Program.
2) A person participating in the Referral Program is a "Referrer". To become a Referrer you must have internet access and a valid e-mail address to be eligible to receive the privileges and benefits of participation in the Referral Program. enTouch Wireless is not responsible for your inability to connect to the internet, download the Referral Program app or to log into the Program Website. As a Referrer, you must either be an eligible enTouch Wireless Lifeline subscriber or have an active enTouch Wireless account for designated products or services.
3) Employees of enTouch Wireless, its affiliated companies, and its agents, their subagents, and other distributors of enTouch Wireless service are not eligible for participation in the Referral Program.
4) The "Referree" is the consumer who has been referred through the Referral Program. As a Referree, you must either be eligible for the enTouch Wireless Lifeline Program or qualify for an active enTouch Wireless account for designated products or services.
5) Each Referrer may maintain only one account in the Referral Program and cannot register other Referrers on their behalf and manage that participation in the Referral Program. Referrers may not maintain multiple accounts even if they have multiple e-mail addresses and enTouch Wireless accounts. Each registered enTouch Wireless account/phone number must have a unique e-mail address. Any duplicate accounts will be subject to cancellation, and any pending referrals submitted after the creation of a duplicate account may be forfeited.
6) Only new referrals made by registered Referrers through the Program Website are eligible to earn rewards. This means that for a referral to be eligible to earn rewards:
(a) the Referrer must be a Member ;
(b) the Referree must apply for enTouch Wireless Lifeline subscriber and maintain enTouch Wireless Lifeline service for 32 consecutive calendar days, or activate a designated enTouch Wireless product or service ; and
(c) the Referree must sign up through the Program Website. In-person, retail or event signups do not qualify.
7) Referees cannot be referred again after the initial purchase/activation period ends.
III. Earning Rewards
1) enTouch Wireless may, in its sole discretion, introduce time-limited promotional offers ("Promotion") that enable Members to earn additional rewards for the completion of actions that are specified by enTouch Wireless.
2) Once a Member meets all applicable requirements for a Promotion, the designated number of rewards specified by that Promotion shall be transferred to the Member.
3) enTouch Wireless is not responsible for changes to, or discontinuation of, any Promotion or for any effect on accrual of rewards caused by changes or discontinuation.
4) You will be responsible for any and all tax liability arising out of your accrual or redemption of cash, gift cards or any other rewards.
IV. Referral Program Guidelines on Endorsements and Testimonials
1) Be honest and accurate. As part of your participation in the Referral Program, you agree and acknowledge that you are responsible for making truthful and accurate statements about enTouch Wireless's products/services in connection with any referrals. If you are unsure about the answer to a question about an enTouch Wireless product or service in connection with your referral, refer that person to entouchwireless.com, or customer support. Please be aware that under federal law, you can be held liable for false or misleading statements made in connection with your endorsement or testimonial about an enTouch Wireless product/service. The Federal Trade Commission published the Guides Concerning the Use of Endorsements and Testimonials in Advertising ("Guidelines").
Under these Guidelines you must do the following:
a) disclose your relationship with enTouch Wireless at the outset of any referral communication. This means you must disclose the fact that you are an enTouch Wireless customer or Referral Program participant at the beginning of the conversation with any potential Referee. The disclosure can be as simple as, "I am an enTouch Wireless customer and this is my personal opinion." Be sure to clearly and conspicuously make this disclosure.
b) disclose the fact that you may receive a referral reward for a successful referral. You must clearly and conspicuously disclose the fact that you as the Referrer will receive a reward if the referee signs up.
2) By agreeing to the Referral Program Terms and Conditions, you are agreeing to abide by these Guidelines. Failure to abide by these Guidelines can result in immediate termination of your membership and forfeiture of any and all referral rewards.
V. Account Access and Password
1) Upon registration for the Referral Program, you must create a username and password. Your e-mail address and password combination will allow you to access your account at the Referral Program apps and website to send referral e-mails, initiate social network referral postings, print referral cards, check your referral history, "cash out" options and earn referral rewards.
2) If you should forget your password, you can reset your password by clicking on the 'Forgot Password' link when attempting to log in.
3) You are responsible for keeping your Referral Program website login credentials, and other account information confidential. enTouch Wireless is not responsible for any account activity performed by third parties that access your account using your password.
VI. Referral Rewards
1) Referral Program rewards can be "cashed out" via the methods available with the app or website. enTouch Wireless may introduce or remove "cash out" options at its discretion.
2) You may be required to provide bank account or personal information for tax purposes prior to withdrawing your referral rewards. If you do not have this information enTouch Wireless may restrict your ability to withdraw referral rewards.
3) enTouch Wireless will audit referral rewards and reserves the right to hold or take back referral rewards at its own discretion if any referrals appear to be false, fraudulent or otherwise deemed unprofitable.
4) The fair market value of Referral Program rewards received in a calendar year may be subject to state and/or federal tax reporting. enTouch Wireless will report Member's referral rewards exceeding the annual 1099-Misc. reporting threshold. You will be responsible for any and all tax liability arising out of your accrual or redemption of cash, gift cards or any other rewards.
VII. Disclosure of Referral Account Information
2) You authorize enTouch Wireless to disclose necessary information that you have provided to third parties, or information that enTouch Wireless has obtained about your rewards account: (i) to agents of enTouch Wireless or its affiliates, such as independent auditors, consultants or attorneys; (ii) to comply with government agency or court orders or requests; or (iii) where it is necessary for fulfillment with third party suppliers.
3) By entering into this Agreement, you authorize enTouch Wireless and its suppliers to share personal information about you, including but not limited to your e-mail address, full name and address.
VIII. Limitation of Warranty
1) THE REFERRAL PROGRAM IS BEING PROVIDED TO MEMBER "AS IS" WITH NO EXPRESS OR IMPLIED WARRANTY OR CONDITION. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ENTOUCH WIRELESS EXCLUDES ALL CONDITIONS, REPRESENTATIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED INTO OR INCORPORATED INTO THIS AGREEMENT, WHETHER BY STATUTE, COMMON LAW OR OTHERWISE, WITH RESPECT TO THE REFERRAL PROGRAM, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND TERMS AS TO MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR ANY PARTICULAR PURPOSE AND IMPLIED WARRANTIES AND TERMS ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
2) YOU ACKNOWLEDGE THAT YOU HAVE NOT RELIED UPON ANY REPRESENTATION, WARRANTY OR OTHER ASSURANCE GIVEN OR MADE BY OR ON BEHALF OF ENTOUCH WIRELESS PRIOR TO THIS AGREEMENT AND YOU WAIVE ALL REMEDIES WHICH, BUT FOR THIS SECTION VIII, MIGHT OTHERWISE BE AVAILABLE TO YOU IN RESPECT OF SUCH REPRESENTATION, WARRANTY OR OTHER ASSURANCE.
3) ENTOUCH WIRELESS DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE QUALITY OF, OR ACCURACY OF ADVERTISEMENTS FOR, ANY MERCHANDISE, PRODUCTS, OR SERVICES OFFERED OR PROVIDED BY OFFER PARTNERS OR SUPPLIERS IN CONJUNCTION WITH THE REFERRAL PROGRAM. IN ADDITION, ALTHOUGH ENTOUCH WIRELESS INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE PROGRAM WEB SITE, ENTOUCH WIRELESS DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS THAT THIS SITE IS FREE OF DESTRUCTIVE MATERIALS. IN ADDITION, ENTOUCH WIRELESS DOES NOT WARRANT THAT ACCESS TO THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND ENTOUCH WIRELESS ASSUMES NO RESPONSIBILITY FOR ANY LOSS OR DAMAGE CAUSED BY YOUR ACCESS, OR INABILITY TO ACCESS, THIS SITE.
IX. Limitation of Liability
1) ENTOUCH WIRELESS SHALL NOT BE LIABLE FOR ANY DAMAGES, CLAIMS OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING ANY DAMAGES FOR LOSS OF INCOME OR PROFITS), HOWEVER CAUSED AND WHETHER ARISING BY STATUTE, COMMON LAW OR OTHERWISE IN CONNECTION WITH: (I) THE REFERRAL PROGRAM; (II) ANY FAILURE, DELAY, OR DECISION BY ENTOUCH WIRELESS IN ADMINISTERING THE REFERRAL PROGRAM; (III) THE USE OR INABILITY TO USE THIS WEBSITE; OR (IV) THE PURCHASE OR USE OF ANY MERCHANDISE, PRODUCTS, OR SERVICES OF OFFER PARTNERS OR SUPPLIERS, EVEN IF ENTOUCH WIRELESS, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
X. Termination or Changes to the Referral Program
1) enTouch Wireless reserves the right to terminate the Referral Program at any time with or without notice. If enTouch Wireless does provide notice, notification of the Referral Program termination may be sent to the e-mail address that has been provided to enTouch Wireless during the registration process, or publicized on the Referral Program website. enTouch Wireless will not be responsible for failing to notify you of Referral Program termination where such failure is caused by an error in your e-mail program, an inaccurate e-mail address, your failure to check for your e-mail or the Referral Program website, or your failure to update your e-mail address in your Referral Program account.
2) enTouch Wireless may modify this Agreement from time to time, with or without notice, and your continued participation in the Referral Program after such modification shall be deemed to be your acceptance of any such modification. It is your responsibility to check the Terms and Conditions page of the Referral Program website regularly to determine whether this Agreement has been modified. If you do not agree to any modification of this Agreement, you must immediately discontinue participation in the Referral Program.
XI. Fraud; Termination of Membership
Membership in the Referral Program is subject to the Referral Program Terms and Conditions. Any failure to comply with the Referral Program Terms and Conditions, any fraud or abuse relating to the accrual or redemption of Referral Program referral rewards, or any misrepresentation of any information furnished to enTouch Wireless or its affiliates by you, or anyone acting on your behalf, may result in the termination of your membership in the Referral Program, cancellation of your Referral Program account and/or forfeiture of your referral rewards. In the event of fraud, misconduct, or suspected fraud or misconduct by you or anyone acting on your behalf or under your password, enTouch Wireless reserves the right to suspend access to your account indefinitely pending investigation.
All questions or disputes regarding the Referral Program, including without limitation, questions or disputes regarding eligibility for the Referral Program, or the eligibility of referral rewards for accrual or redemption, must be submitted within 90 days of the qualifying transaction, to enTouch Wireless. Any such disputes shall be resolved by enTouch Wireless at its sole discretion. All interpretations of Referral Program Terms and Conditions shall be at the sole discretion of enTouch Wireless. In the event that an error is made by enTouch Wireless, such error shall not constitute a breach of this Agreement, and your sole remedy shall be the credit of the disputed referral reward amount.
This Agreement shall be governed by and construed in accordance with the laws of the State of Iowa, without reference to conflicts of law rules. If any provision of this Agreement is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the other provisions contained herein will remain in full force and effect. The failure by enTouch Wireless to insist upon or enforce strict performance of any provision of the Agreement shall not be construed as a waiver of any provision or right. This Agreement constitutes the entire agreement between you and enTouch Wireless with respect to the Referral Program.