Last Updated Date: 10/27/2023
These Referral Program Terms (“Program Terms”) apply to the referral program (the “Program”) offered by In Search Of Inc. (“District”) and set forth the legally binding terms and conditions for participation in the Program. Please read these Program Terms carefully before participating in the Program. By participating in the Program, you (“you”) agree to be bound by these Program Terms. The Program is subject to District's Terms of Service and Privacy Policy which are incorporated herein by reference. Except as otherwise defined herein, all capitalized terms used herein have the respective meanings given to them in the Terms of Service and/or Privacy Policy, as applicable.
The Program allows Users to earn promotional coupon credits toward future purchases on the Services (“District Credits”) by referring friends to make first-time purchases on the Services.
In order to be eligible for the Program, you must have a District Account in good standing. To participate in the Program, refer friends who have not previously made a purchase from any Marketplace on the Services (“Friends”) by sending them your personal referral code (“Referral Code”) or referral link (“Referral Link”) provided to you by District. You may share your Referral Code or Referral Link via email, social media and other communication methods, unless otherwise specified by District.
When your Friend enters checkout for their first-time purchase on the Services and such purchase (i) has a total Order Subtotal (as defined below) of at least the amount(s) indicated in the referral invitation or accompanying promotional materials and (ii) is not made via Offer or Auction (an “Eligible Purchase”), such Friend will have the opportunity to receive a discount in the amount indicated in the referral invitation or accompanying promotional materials (“Discount”) that can be applied to such Eligible Purchase in one of two ways: (1) your Friend can either enter your Referral Code during checkout before finalizing the Eligible Purchase to receive the Discount off the Eligible Purchase, or, (2) if your Friend clicked on the Referral Link, District may automatically apply the Discount to your Friend's Eligible Purchase at checkout without your Friend needing to input the Referral Code; provided however that if the Discount is not automatically applied then your Friend must enter the Referral Code during checkout in order to receive the Discount. Each Friend may receive only one (1) Discount. “Order Subtotal” means the total amount of Buyer Fees payable by your Friend for the applicable purchase transaction, less any Sales Taxes and shipping costs.
For each Friend who makes an Eligible Purchase using your Referral Code or Referral Link, your Account will show that you have “pending” District Credits in the amount specified in the referral invitation or accompanying promotional materials, which will convert into “available” District Credits in such amount when your Friend receives the item(s) they ordered in connection with their Eligible Purchase; provided however that your Account may have no more than one hundred dollars ($100) worth of District Credits available at any given time (unless otherwise indicated in the referral invitation or accompanying promotional materials). Therefore, for example, if you have ninety-seven dollars ($97) worth of District Credits available in your Account at the time your Friend receives the item(s) they ordered in connection with their Eligible Purchase, then a maximum of three dollars ($3) worth of District Credits may be made available in your Account, for a total of one hundred dollars ($100) worth of available District Credits.
Please note that in order for you to receive District Credits for referring a Friend through your Referral Link, your Friend must accept (and not delete) any relevant cookies provided in connection with the Program prior to making the Eligible Purchase, otherwise the Referral Link will not be recognized and the District Credits will not be applied to your Account and your Friend will not receive the Discount on their Eligible Purchase.
Prior to providing District with any information about any Friend, you agree to (i) inform the Friend about the nature and purpose of the Program and explain that District may contact the Friend and (ii) obtain such Friend's consent to be contacted by District and to participate in the Program. Remember, when you share your Referral Code and Referral Link, you should explain that you are a District referrer.
District Credits may only be redeemed through the Services. All District Credits earned and available in your Account will appear as District Credits on your checkout page and District will use commercially reasonable efforts to automatically apply all such District Credits (up to applicable Order Subtotal value) to your next purchase transaction made through the Services having a total Order Subtotal of at least ten dollars ($10), but you may need to enter a code at checkout to redeem the District Credits. Each District Credit may be used only one (1) time. As a referrer, you are responsible for any and all tax liability and consequences, if any, that may result from your redemption or use of District Credits.
District Credits are coupons issued for promotional purposes; they have no chase value and may not be exchanged or redeemed for cash. District Credits are nontransferable and not refundable (e.g., if an order is refunded, any portion of such order paid for using District Credits will not be refunded). Your District Credits will not be granted, and may be revoked or deemed ineligible for redemption, if your Account is cancelled before your Friend makes an Eligible Purchase. Referrers are limited to receiving District Credits in connection with only one (1) Eligible Purchase for each Friend; in other words, additional/repeat purchases made by any Friend are not counted as additional Eligible Purchases.
Referral Codes and Referral Links must be used only for personal and non-commercial purposes. This offer is made to you and your Friends, and applies solely to your personal referrals. Your unique Referral Code and Referral Link may not be shared, sold or used in any way except by you directly; referral codes or referral links shared to or obtained through other sources (such as through a posting to a third-party intermediary or website) will not be honored. The Program cannot be used by businesses or individuals for affiliate lead generation or posted on discount sites. You agree that you will not:
As a referrer, you agree to comply with all applicable law, including without limitation the CAN SPAM Act. Any distribution of your Referral Code or 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 the Program.
District may suspend or terminate the Program or a user's ability to participate in it at any time and for any reason. District expressly reserves the right to remove District Credits or otherwise disqualify any referrals it believes in its sole discretion are generated by scripts, macros or other automated or fraudulent means (e.g., using fake accounts) or violation of these Program Terms and to take action and seek damages to the fullest extent permitted by law against any user it finds to be tampering with the operation of the Program or otherwise acting in violation of these Program Terms, which may include, without limitation, terminating a user's Account or participation in the Program, delaying or cancelling the rewarding of Discounts and/or District Credits, or revoking or refusing to honor outstanding Discounts and/or District Credits. District reserves the right to suspend Accounts or remove District Credits if District notices any activity that District believes is abusive, fraudulent, or in violation of the these Program Terms. District reserves the right to review and investigate all referral activities and to suspend Accounts or modify referrals in District's sole discretion as deemed fair and appropriate. In all matters relating to the administration of the Program, the decisions of District will be final.
If for any reason you believe that there is a discrepancy regarding your balance of District Credits, please contact District. District may require you to submit additional information in order to make a determination regarding your balance. All decisions regarding your balance will be final and at District's sole discretion.
District reserves the right to update or modify these Program Terms at any time without prior notice. If District modifies these Program Terms, District will post the modification on the District website, and such modified terms will be effective upon posting. Continued participation in the Program after any modification shall constitute consent to such modification.
District may modify, update or discontinue the Program, in whole or in part, with or without notice, and will not be liable to you or your Friends in the event of any modification, suspension or discontinuance of the Program. If the Program is discontinued, any unclaimed Discounts or District Credits will be forfeited at that time.
PROGRAM PARTICIPANTS EXPRESSLY UNDERSTAND AND AGREE THAT THE PROGRAM IS PROVIDED “AS IS”, AND DISTRICT MAKES NO, AND HEREBY DISCLAIMS ALL, WARRANTIES, WHETHER EXPRESSED, IMPLIED, OR STATUTORY, ABOUT THE PROGRAM AND THE PRODUCTS DISCOUNTS, DISTRICT CREDITS AND/OR SERVICES OBTAINED THROUGH THE PROGRAM, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN TRADE.
TO THE FULLEST EXTENT PERMITTED BY LAW, DISTRICT, AND ITS AFFILIATES, VENDORS AND SERVICE PROVIDERS, SHALL NOT BE LIABLE TO YOU OR ANY OF YOUR FRIENDS FOR, AND YOU HEREBY RELEASE DISTRICT AND ITS AFFILIATES, VENDORS AND SERVICE PROVIDERS FROM, ANY CLAIMS, ACTIONS, INJURY, LOSS OR DAMAGE OF ANY KIND RELATED TO THE PROGRAM, THESE PROGRAM TERMS, OR THE SUBJECT MATTER HEREOF, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES, OR ANY LOSS OF PROFIT OR INCOME, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, WARRANTY, OR OTHER LEGAL OR EQUITABLE THEORY, EVEN IF DISTRICT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL DISTRICT, OR ANY OF ITS AFFILIATE'S, VENDOR'S OR SERVICE PROVIDER'S, MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM EXCEED FIFTY DOLLARS ($50).
These Program Terms, together with the Terms of Service, Privacy Policy, and other policies and guidelines provided by District, set forth the entire agreement, and supersede any and all prior agreements, of the parties with respect to the subject matter hereof. In the event of a dispute about the party making a redemption or earning Discounts and/or District Credits, all redemptions and referrals will be deemed to have been made by the owner of the e-mail account that is associated with the Account used to make the purchase or referral associated with the offer's redemption, respectively. District is not responsible for communication errors or other matters beyond District's reasonable control, including, without limitation, any failures to award Discounts and/or District Credits due to technical issues. District's failure to enforce any term of these Program Terms will not constitute a waiver of that provision. These Program Terms are governed by and interpreted in accordance with the laws of the State of California, notwithstanding any conflicts of law. If any provision of these Program Terms is held to be invalid, illegal or unenforceable in any respect, that provision shall be limited or eliminated to the minimum extent necessary so that these Program Terms otherwise remain in full force and effect and enforceable.
October 27th, 2023