Terms and Conditions
Xoom Referral Program
The following terms and conditions (these “Terms and Conditions”) are effective as of 2018-12-05 and constitute a binding legal agreement between PayPal (as defined in Section 7), Extole, Inc. ("Extole"), and you ("You" or "Your"), the participant in the Refer a Friend Program for Xoom, a PayPal Service (the "Referral Program") via use of the Extole referral network service (the "Extole Service"). Your continued participation in the Referral Program after any such modification and notification thereof shall constitute your consent to such modification. Participation in the Referral Program is subject to the terms of these Terms and Conditions.
1. PARTICIPATION IN THE REFERRAL PROGRAM
As a participant in the Referral Program, you agree to use the Extole Service to promote the Referral Program in the manner specified by these terms, thereby acting as the Referrer ("Referrer"). If you do not agree to these Terms and Conditions in their entirety, you are not authorized to register as a Referrer or to participate in the Referral Program in any manner. You agree that PayPal and Extole, and any third parties assisting with processing the Referral Program may share your personal information with one another, as necessary to conduct the Referral Program, and that PayPal, Extole and such third parties may send you communications only directly related to the Referral Program.
2. PAYMENT AND QUALIFICATION FOR VALID REFERRALS
Referrer shall receive one reward in the form of an Amazon.com gift card of 20 units (of the legal currency of the Referrer’s country of residence as defined in Section 7 (for example, 20 USD if you reside in the United States or 20 CAD if you live in Canada), and the individual who was referred ("Referee") shall receive one award of 20 units of the legal currency of the Referee’s country of residence (each, a "Reward”) for each Referee to Xoom who meets all the following conditions ("Valid Referral"):
1. Referee and Referrer must reside in different households;
2. Referee creates a Xoom account (including by logging in to xoom.com with Referee’s PayPal credentials);
3. Referee has not previously sent a successful Xoom money transfer;
4. Referee accesses the xoom.com website directly from Referrer's referral method, (e.g., clicking on a link) and completes the initial Xoom account creation and initial money transfer without (i) clearing cookies or other tracking devices on Referee's computer, (ii) closing the xoom.com website and later returning to the xoom.com website, and (iii) clicking on any other xoom.com links;
5. Referee successfully uses the xoom.com website to transfer 400 units or more (transaction fee excluded) of the currency of the Referrer’s country of residence to a person other than the Referrer in a manner that is compliant with the Xoom user agreement found here: www.xoom.com/user-agreement; and
6. Referee's Xoom money transfer transaction is not canceled (either by Referee or by Xoom).
Subsequent money transfers by the Referee after his or her first successful Xoom money transfer do not qualify as Valid Referrals. PayPal and Extole reserve the right to void any referral that appears to be fraudulent or appears to have been created as a result of a fraudulent Xoom transaction.
*** Typically, it takes one business day after the Referee’s first successful transaction for the Referrer to receive the Reward. ***
3. LIABILITY OF PAYPAL
PayPal expressly disclaims any and all liability associated with or arising from your use of the Extole website or Extole Service. PayPal's involvement in the execution and daily operation of the Referral Program is limited to payments made to Extole equal to the total owed to all Referrers for Valid Referrals ("Rewards") in any given period. Payment of Rewards to Referrers and Referees is the sole and exclusive responsibility of Extole after it has received payment from PayPal. Resolution of all questions or disputes regarding eligibility for the Referral Program, earnings of rewards, or your compliance with the terms and conditions of these Terms and Conditions is the responsibility of Extole.
IN NO EVENT SHALL PAYPAL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR PARTICIPATION IN THE REFERRAL PROGRAM, INCLUDING BUT NOT LIMITED TO SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE AND/OR CONSEQUENTIAL DAMAGES, EVEN IF PAYPAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PAYPAL'S MAXIMUM AGGREGATE LIABILITY TO REFERRER AND ANY THIRD PARTY UNDER ANY AND ALL CIRCUMSTANCES SHALL BE THE THEN-CURRENT UNIT VALUE OF ONE REWARD APPLICABLE TO YOU. REFERRER RECOGNIZES AND ACKNOWLEDGES THAT THIS LIMITATION OF DAMAGES IS FAIR AND REASONABLE.
ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED (INCLUDING, WITHOUT LIMITATION, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). PAYPAL MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY RESULTS OBTAINABLE THROUGH THE REFERRAL PROGRAM.
4. EXPIRATION AND DELIVERY OF REWARDS
Amazon e-gift card rewards do not expire, subject to applicable law. The Referral Program cannot be used for business gifting purposes or lead generation, or for any other commercial purpose, other than previously approved by PayPal or as determined by PayPal in its sole and absolute discretion. PayPal does not guarantee delivery time on any rewards earned, nor does it guarantee receipt of any rewards.
5. BULK DISTRIBUTION
If a Referrer provides a unique referral link to another person by email, the email must be created and distributed in a personal manner that is appropriate and customary for communications with friends, family members, or persons with whom such Referrer has a prior relationship. Bulk email distribution, distribution to strangers, or any other promotion of a unique referral link in a manner that would constitute or appear to constitute unsolicited commercial email or "spam" under any applicable law or regulation or other distribution of a unique referral link through channels other than personal email, Twitter or Facebook is expressly prohibited and will be grounds for immediate termination of the Referrer’s account and deactivation of the unique referral link.
6. OTHER TERMS AND CONDITIONS
PayPal and Extole reserve the right to make changes to these Terms and Conditions without notice at any time.
PayPal expressly reserves the right to close the account(s) of any Referrer and/or Referee, and to request proper payment if the Referrer and/or Referee attempts to use the Referral Program in a questionable manner or referral link in breach of these Terms and Conditions or in violation of any law, statute or governmental regulation.
Users may not participate in the Referral Program where doing so would be prohibited by any applicable law, statute or regulations. All information collected from you in the Referral Program shall be subject to the Xoom privacy statement found here: https://www.xoom.com/legal/privacy-policy.
These Terms and Conditions shall be governed by the laws of the Applicable Jurisdiction (as defined in Section 7), except that body of laws governing conflicts of laws.
In the event there is any inconsistency between the English, on the one hand, and any language into which these Terms and Conditions have been translated, on the other hand, the English text shall be binding.
* Amazon.com is not a sponsor of this promotion. Except as required by law, Amazon.com Gift Cards ("GCs") cannot be transferred for value or redeemed for cash. GCs may be used only for purchases of eligible goods at Amazon.com or certain of its affiliated websites. For complete terms and conditions, see www.amazon.com/gc-legal. GCs are issued by ACI Gift Cards LLC, a Washington limited liability company. All Amazon ®, ™ & © are IP of Amazon.com, Inc. or its affiliates.
|If your country of residence at the time of sign up is:||“PayPal” shall mean:||“Applicable Jurisdiction” shall mean:||Unit of legal currency|
|Canada||PayPal Canada Co.||Ontario||CAD|
|United States||PayPal, Inc.||Delaware||USD|