Kinetic by Windstream Refer a Friend Program Terms and Conditions
PLEASE READ THESE KINETIC BY WINDSTREAM REFER A FRIEND PROGRAM TERMS (“PROGRAM TERMS”) CAREFULLY BEFORE REGISTERING FOR THE KINETIC BY WINDSTREAM REFER A FRIEND PROGRAM (“PROGRAM”). THESE PROGRAM TERMS ARE BETWEEN YOU AND WINDSTREAM COMMUNICATIONS, LLC, OR THE ENTITY THAT APPEARS ON YOUR BILL (“KINETIC BY WINDSTREAM,” “WE,” “US,” OR “OUR”). YOUR PARTICIPATION IN THE PROGRAM CONSTITUTES YOUR ACCEPTANCE OF ALL PROGRAM TERMS.
- Eligibility and Program Summary. The Program is designed to reward existing Kinetic by Windstream residential customers for referring new Kinetic by Windstream residential customers who order qualifying services from us, as further specified below. Incentives for Program participation are offered through a one-time invoice credit based on the number of qualified referrals. For purposes of the Program, "qualifying services" are Kinetic by Windstream-branded High-Speed Internet services (ordered as a stand-alone service or as part of a bundle plan). To be eligible to participate, you must be of legal age (based on your respective state, at least 18 years or older), keep your Kinetic by Windstream account(s) in good standing and registered on and using the MyAccount page on the Kinetic by Windstream Refer a Friend website located at http://refer.windstream.com (“Program Website”) with access to the Internet and a valid email address. Existing EarthLink residential customers (without a Kinetic by Windstream account) are not eligible to participate in the Program and these Program Terms do not apply to the EarthLink Refer a Friend Program (also known as the EarthLink Referral Program). Employees of Windstream and its affiliates and their respective agents, subagents, partners or distributors are not eligible to participate in the Program, unless specifically authorized by Windstream. For more information please see Windstream’s internal employee guidelines.
- Participant Acceptance; Termination. Determinations regarding Program participation, including, without limitation, Program incentives, are at Kinetic by Windstream’s sole discretion and Kinetic by Windstream may change the Program Terms, terminate your participation in the Program or discontinue the entire Program, at any time, for any or no reason, with or without notice to you. If Kinetic by Windstream elects to provide notice, notice may be sent to your email address as stated in Section 12 of these Program Terms.
- Qualified Referrals; Payment; Taxes. Qualified referrals must (a) be new residential customers to Kinetic by Windstream: for purposes of the Program, "new customer" does not include (i) a person who is a current customer of Kinetic by Windstream; (ii) a person who is an prospective customer of Kinetic by Windstream who Kinetic by Windstream is already engaged with; or (iii) a person who was a customer of Kinetic by Windstream within the 30 days immediately prior to the date a Kinetic by Windstream Refer a Friend email invitation was generated by the Program Website to that person; (b) satisfy all Kinetic by Windstream ordering requirements; (c) order at least one qualifying service from Kinetic by Windstream online by linking to the Kinetic by Windstream website through the email or personal link generated by the Program Website (orders that are not initiating from emails or links generated by the Program Website are not eligible); (d) maintain the qualifying service(s) active on their account for at least 30 consecutive days following installation and have paid their first bill in full for the qualifying service(s); and (e) have "cookies" enabled on the computer from which they order the qualifying services. Eligible participants will be issued one invoice credit for each qualified referral person, regardless of how many qualifying services such person orders. Eligible participants can earn up to 12 service credits per year. The amount of such reward will be determined based upon Kinetic by Windstream’s current offer at the time of the applicable qualified referral's order from Kinetic by Windstream. The reward amount Kinetic by Windstream is offering may be changed by Kinetic by Windstream at any time prior to the order from a qualified referral with or without notice. The Program Website will contain information regarding Kinetic by Windstream's then-current offered reward amount. Such credit will be issued following Kinetic by Windstream's determination that a qualified referral has met all requirements and will be issued on the next billing invoice after qualification has been confirmed. Kinetic by Windstream may provide an estimated time frame but does not guarantee fulfillment within any estimated time frame. By participating in the Program, you agree that Kinetic by Windstream shall make the final determination in its sole discretion as to whether any referral meets all requirements to be considered a qualified referral. From time to time, Kinetic by Windstream may offer limited-time promotions which provide for increased Program incentives. They are subject to change without notice to you by updating the information on the Program Website.
Kinetic by Windstream reserves the right to limit the total incentive amount participants in the Program may earn per calendar year. You are responsible for any and all tax liability arising out any Program incentives. If applicable, you may be required to complete and return IRS Form W-9 (and any other documentation that Kinetic by Windstream may require) in order to receive Program incentives.
- Program Use. Kinetic by Windstream will provide you with access to the Program, which you may use to track your referrals and determinations regarding potential Program incentives for such referrals; provided that, your use of the Program is strictly subject to the Program Terms. Kinetic by Windstream will update the Program with your account information periodically, including setting forth the email addresses to which you have sent an enrollment request email and whether a particular referral is a qualified referral (if so, this status indicates that a credit will be issued) or a determination is still pending. Kinetic by Windstream is not obligated to, and will not, release to you the reasons why a particular referral has not been deemed a qualified referral.
- CAN-SPAM Act Compliance. Kinetic by Windstream complies with the federal CAN-SPAM Act and honors requests of consumers and customers who choose to opt out of receiving Kinetic by Windstream marketing emails. Accordingly, if you designate a referral email address that has previously opted out of receiving Kinetic by Windstream marketing emails, you will be advised that the email address is not eligible to be sent a Kinetic by Windstream Refer a Friend email.
- Confidentiality. In connection with your participation in the Program, you may receive confidential and proprietary information of Kinetic by Windstream, including sensitive customer data (“Information”). You will maintain all of such Information in strict confidence and use the Information only in connection with your participation in the Program.
- Independent Contractor Relationship. Your participation in the Program does not authorize you to act on Kinetic by Windstream’s or its affiliates' behalf. Nothing herein is intended or will be construed to constitute or imply a joint venture, employer-employee relationship, partnership or association between you and Kinetic by Windstream or its affiliates. By participating in the Program, you acknowledge that you do so at your own risk and as an independent contractor and that Kinetic by Windstream is not directing how you perform your obligations hereunder.
- Trademarks. Other than with respect to materials provided in connection with your participation in the Program, your status as a participant in the Program does not entitle you to use any trademarks, copyrighted materials, patents, names, logos or other intellectual property owned or licensed by Kinetic by Windstream or its affiliates.
- Indemnification. You agree to indemnify and hold Kinetic by Windstream, its affiliates and their respective officers, directors, employees, agents, representatives, successors and assigns harmless from and against any and all damages, costs, expenses, claims or liabilities of any kind, including third party claims, whether pending or threatened, including without limitation, attorneys' fees and court costs, incurred by any of them arising out of or related to your participation in the Program or breach of these Program Terms.
- Warranty Disclaimers; Limitation of Liability. YOU EXPRESSLY AGREE THAT YOUR PARTICIPATION IN THE PROGRAM IS AT YOUR OWN RISK. THE PROGRAM IS MADE AVAILABLE TO YOU ON AN "AS IS" BASIS AND KINETIC BY WINDSTREAM DISCLAIMS, AND YOU HEREBY WAIVE, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KINETIC BY WINDSTREAM OR ITS AFFILIATES BE LIABLE UNDER THESE PROGRAM TERMS OR IN CONNECTION WITH THE PROGRAM FOR (A) SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA AS A RESULT OF CLAIMS, WHETHER BROUGHT IN CONTRACT OR TORT, EVEN IF KINETIC BY WINDSTREAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (B) DAMAGES, IN AGGREGATE, IN EXCESS OF THE LESSER OF THE PROGRAM INCENTIVES PAID TO YOU IN THE THREE MONTHS IMMEDIATELY PRECEDING THE CLAIM OR $100.00 USD.
- Notices. Any written notices required or permitted to be given by Kinetic by Windstream hereunder may be delivered by email. By participating in the Program, you consent to delivery of all Program-related notices and information by email to the email address you have registered in the Program Website.
- Entire Agreement; Amendments. These Program Terms constitute the entire agreement between you and Kinetic by Windstream with respect to the Program; provided that, these Program Terms are in addition to and do not in any way limit or alter any applicable terms and conditions governing your use of the Program. These Program Terms may be altered, changed or modified by Kinetic by Windstream at any time. Your continued participation in the Program after posting of any changes constitutes your acceptance of the changes. You should review these Program Terms from time to time to see if they have changed. If you do not agree to a change, your sole remedy is to cease participating in the Program.
- Acceptance and Jurisdiction. By participating in the Program, you agree that you have read, understand and will abide, and be bound, by these Program Terms. These Program Terms shall be governed in all respects in accordance with the laws of the State of Arkansas without regard to the conflict or choice of law rules thereof. The federal and state courts located in Pulaski County, Arkansas shall have exclusive jurisdiction over any dispute arising hereunder and by participating in the Program you consent to same.
- General. You may not assign the right to participate in the Program to any other party. Kinetic by Windstream may assign these Program Terms or assign or delegate any of its rights or responsibilities hereunder to independent contractors or other third parties. The delay or failure of Kinetic by Windstream to enforce any right or remedy under these Program Terms, will not constitute a waiver of such right or remedy. If any part of these Program Terms is held invalid or unenforceable, the remainder of these Program Terms will remain in effect.
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