TYB, Referral Program - Terms and Conditions

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LAST UPDATED: December 2, 2024

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IN ADDITION TO THESE REFERRAL TERMS AND CONDITIONS (“REFERRAL TERMS”), THE TYB, INC. TERMS OF USE, PRIVACY POLICY AND OTHER TERMS THAT MAY APPLY TO USE OF THE TYB SERVICE (COLLECTIVELY, “TYB TERMS”), APPLY TO PARTICIPATION IN A TYB REFERRAL PROGRAM (THE “PROGRAM”). PLEASE REVIEW THESE REFERRAL TERMS AND THE TYB TERMS BEFORE PARTICIPATING IN THE PROGRAM. CAPITALIZED TERMS USED IN THESE REFERRAL TERMS AND NOT DEFINED HAVE THE MEANINGS GIVEN TO THEM IN THE TYB TERMS.

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OVERVIEW

TYB maintains a Referral Program that allows users to earn rewards from Brand Partners when they, or the people they refer, take certain actions - like join a Brand Partner's Community. The Referral Program rewards participating users with coins (“Rewards”). 

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COMMUNITY REFERRAL PROGRAM

Our Community Referral Program rewards TYB Service users with coins when they invite a personal connection ("Referred Person") to join a Brand Partner's community accessed on the TYB Service, and the Referred Person successfully registers on the TYB Service and joins the Brand Partner community.  Depending upon the offer, the Reward may be paid after the Referred Person joins the community. Each Referred Person may only be referred to a particular community once.

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Following are some features of TYB's current Community Referral Program:

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Key Features

• Referral Link Generation: Users (each a "Referrer") may generate a unique referral link for a Brand Partner's community;
• Referral Sharing: Referrer's can share the link via native iOS/Android share sheets or copy it to their clipboard;
• Referral Expiration: Each link expires after 7 days;
• Referral Tracking: The system tracks when a Referred Person signs up using the referral link and successfully joins the brand’s community;
• Incentive: Referrers earn coins for each successful referral, with a default of 500 coins (Community Brands may customize the reward amount);
• Reward Notification: Referrers receive notifications when their referral is successful and they’ve earned their Reward;
• Reward History: Referrer's can track all their referral activity and rewards on the TYB Service ("Dashboard");
• Multiple Referrals: Referrer's can only refer each Referred Person one time per Brand Partner brand;
• Reward Event: Referee's must be a new user to TYB, complete a challenge and maintain Brand Partner brand usership for 7 days in order for the referral to be successful; and
• Referral Max: A Referrer may only earn 5,000 referral coins per Brand Partner brand per day. (Community Brands may customize the referral max amount);

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SHARING REFERRAL LINKS

Referrals should only be used for personal and non-commercial purposes, and only shared with personal connections that will appreciate receiving these invitations. Referral links should not be published or distributed where there is no reasonable basis for believing that all or most of the recipients are personal friends (such as coupon websites, Reddit, or Wikipedia).

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You agree and represent that you will (a) only refer people who have given you their consent to be contacted; (b) always be mindful to respect the privacy of others (i.e. do not spam), be honest, open, and transparent about who you are and what you are offering (i.e. do not mislead); and (c) use referral methods and techniques that people will appreciate and that are legal.

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USE OF THE DASHBOARD

You agree that you will not use the Dashboard for any purpose other than tracking your own progress. Coins are tracked automatically by TYB in the applicable user wallet. Coins have no cash value and cannot be transferred or exchanged for cash. Unless otherwise specified in the relevant Program Materials, TYB does not charge incremental fees for use or nonuse of Rewards. The expiration date and any other Program specific limitations that apply to Rewards are set out in the relevant Program Materials. 

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You are not authorized to make any representations, contracts or commitments on behalf of TYB unless specifically requested or authorized in writing to do so by an authorized employee of TYB. Nothing in in these Referral Terms shall be construed to constitute either party as the agent or employee of the other party for any purpose, or create any joint venture or partnership between the parties whatsoever, and neither party shall bind, or attempt to bind the other party to any contract or the performance of any other obligation, or represent to any third party that it has any right to enter into any binding obligation on the other party's behalf. 

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You are responsible for following applicable law requirements, such as not sending unsolicited commercial or marketing related messages and you must respect unsubscribe and do not contact requests. Referral links may not be published or distributed on commercial websites.

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NATURE OF RELATIONSHIP

You acknowledge and agree that it is a fundamental term and condition precedent of your participation in the Program that you are not an employee, intermediary or agent of TYB, and you will not hold yourself out as, or give any person reason to believe, that you are an employee, intermediary or agent of TYB. You agree nothing in your participation will be construed as establishing an employment or agency relationship between TYB and you. Accordingly, you have not at any time been and are not entitled to, and hereby irrevocably waive any right or claim to, the benefits provided by TYB to its employees from time to time, including vacation time, benefits, salary, bonus, stock or stock options, profit sharing, insurance, or medical and health benefits. TYB will not carry any liability or other insurance on behalf of you or in your favor.

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WARRANTIES AND INDEMNITIES

You warrant that you have all necessary rights, permissions, licenses and consents to enter into these Referral Terms and participate in our Program(s). You will indemnify, and are responsible and liable for, and will defend TYB (at TYB’s option) and hold TYB harmless from and against, any and all demands, disputes, claims, damages, liabilities, losses, expenses and costs (including reasonable fees and expenses of attorneys and other professionals) arising out of or resulting from your acts or omissions in relation to a Program, including your negligence, misconduct, violations of law, or any allegation or claim that your content or marketing materials violate or infringe the intellectual property or privacy rights of a third party.

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EXCLUSION AND LIMITATION OF LIABILITY

In no event will TYB be liable for any special, incidental, punitive, exemplary or consequential damages of any kind even if we have been informed in advance of the possibility of such damages. In no event will TYB’s aggregate liability to you in connection with any Program exceed the greater of $100 USD and the aggregate Rewards due to you under the Program.

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TAXES

Tax regulations may require us to collect and/or report appropriate tax information from users that participate in our Programs, or to withhold taxes, or both. Users are solely responsible for keeping the information in their tax forms current, complete and accurate. You understand and agree that you are solely responsible for determining for your jurisdiction (i) the applicable tax reporting requirements (ii) the taxes that should be paid and (iii) any special self-registration requirements. You are also solely responsible for all taxes, including, but not limited to, income, sales and use, VAT, and GST, on the payouts earned (if any) from the Program. TYB cannot and does not offer tax-related advice to you. Where applicable, or based upon request, we may request that you issue a valid VAT invoice to TYB.

PROGRAM ADMINISTRATION; TERM AND TERMINATION; MODIFICATION

Offers for Rewards under the Programs discussed in these Referral Terms are made for a limited time only and TYB may modify, discontinue or suspend an offer, a Program, these, Referral Terms, Program Materials, Program requirements or benefits, or your participation in any Program, at any time for any reason. TYB will determine, in its sole discretion, whether the Program requirements have been satisfied and whether any Rewards are due. The rights and obligations of the parties under these Terms that by their nature should survive termination will survive any expiration or termination.

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TYB reserves the right to any remedy, including disqualifying you from participation in a Program and/or non-payment of Rewards, if it suspects or determines, in its sole discretion, that you have committed fraud, tampering, or violated the TYB Terms.

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