Referral Terms and Conditions
Last Updated: January 3, 2023
These Terms and Conditions (the “Terms and Conditions”) apply to participate in the Aptive Environmental, LLC (“Aptive”) Customer Referral Program (the “Referral Program”). Your participation, as the Referring Customer (as defined below), in the Referral Program constitutes your full and unconditional acceptance of these Terms and Conditions.
Eligibility Requirements
Referring Customer. In order to participate in the Referral Program you must be an existing Aptive customers who (i) has a fully executed service agreement with Aptive (a “Customer Agreement”; and (iii) is current on their payments under their Customer Agreement (the “Referring Customer”). By sharing their custom code (the “Referral Code”) with the individual interested in becoming an Aptive customer (the “Referred Customer”) for participation in the Referral Program, each Referring Customer agrees to the Terms and Conditions set forth herein. Aptive reserves the right to modify, limit or restrict participation in the Referral Program to any person at any time for any reason and without notice. Referring Customer eligibility shall be determined by Aptive in its sole discretion. A Referring Customer’s time of entry into the Referral Program will be determined by Aptive in its sole discretion. Not Eligible Parties. The following individuals and entities are not eligible to participate in the Referral Program: Aptive affiliates, including, without limitation, subsidiaries, advertising agencies, promotion agencies, fulfillment agencies, lead generation agencies, suppliers, distributors, attorneys and agents of Aptive, Aptive employees, on-site service providers acting in an equivalent capacity to employees, shareholders, officers, directors, and the immediate family members of and those living in the same household as such individuals. Referred Customer. Each Referred Customer must (i) live within a state or territory that Aptive services; (ii) have agreed to be contacted by Aptive or one of its representatives; (iii) sign a Customer Agreement with Aptive; and (iv) received Aptive’s initial service (collectively, the “Eligibility Requirements”). Additional Eligibility Requirements may apply. Information about existing Aptive customers seeking additional services will not qualify as a Referred Customer.
Referral Rewards
Once your referral becomes an Aptive customer, an Aptive bill credit in the amount between $50 and $100, depending on the promotion, or a gift card reward in the amount between $50 and $100, depending on the promotion, from one of the following retail providers will be sent as a gift code to the email address you provide: Amazon, Apple, Best Buy, eBay, and Nike. Please allow up to 30 days for rewards to be distributed after the Referred Customer has received his or his initial service.
Referral Submission Requirements
Required Information. To be eligible for the Referral Program, a Referring Customer must share their Referral Code with the Referred Customer. The Referred Customer must submit their First Name, Last Name, and Email Address (the “Required Information”) to Aptive by submitting all Required Information via a dedicated referral landing page on the Aptive corporate website designated by Aptive. Required Information submitted by alternate channels will not be accepted. All Required Information must be accurate and sufficient such that Aptive or one of its agents may prepare a quotation for service to the Referred Customer’s home within reasonable time at Aptive’s discretion. Timing of Submission. A Referred Customer must submit their Required Information to Aptive prior to either the date the Referred Customer first contacts Aptive or one of its channel dealers to discuss a quotation for service, or the date the Referred Customer is first contacted by Aptive or its agents. A Referred Customer may not have been referred to Aptive previously, as reflected in Aptive’s records. If a Referred Customer is referred by multiple Referring Customers, the Referring Customer whose Referral Code was first submitted, based on the date and time of the submission (as determined by Aptive in its sole discretion), shall be the only Referring Customer entitled to receive a Referral Reward.
Release
BY PARTICIPATING IN THE REFERRAL PROGRAM, EACH REFERRING CUSTOMER AND EACH REFERRED CUSTOMER RELEASES AND AGREES TO HOLD HARMLESS APTIVE AND ALL APTIVE PARTIES FROM ANY LIABILITY WHATSOEVER FOR ANY CLAIMS, COSTS, LOSSES, OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, THOSE RELATED TO PERSONAL INJURY, DEATH, DAMAGE TO PROPERTY, INFRINGEMENT OF PROPRIETARY RIGHTS, RIGHTS OF PUBLICITY OR PRIVACY OR DEFAMATION) ARISING OUT OF OR IN CONNECTION WITH: (I) ENTERING THE REFERRAL PROGRAM; (II) ACCEPTANCE OR USE OF ANY REFERRAL REWARD; AND (III) OTHERWISE ARISING OUT OF OR RELATING TO THE REFERRAL PROGRAM. Changes and Program Termination: Aptive reserves the right to both change these Terms and Conditions from time to time and/or to terminate the Referral Program at any time and without prior notice. As such, Referring Customers (as defined below) should check these Terms and Conditions from time to time for changes. The failure by Aptive to enforce any provision of these Terms and Conditions shall not constitute a waiver of that provision.
General
Aptive reserves the right to cancel the eligibility of any Referring Customer or Referred Customer who engages in any fraudulent activity or uses the Referral Program in a manner inconsistent with these Terms and Conditions, or applicable laws, statutes or ordinances. No “spamming” is permitted. If Aptive believes, in its sole discretion, that a Referring Customer has engaged in fraudulent or illegal activity, or is “spamming” email accounts, addresses or telephone numbers, Aptive reserves the right to recover any payments made to such Referring Customer. The Referral Program and these Terms and Conditions are void where any aspect of the Referral Program is prohibited, taxed or otherwise restricted by law or where registration, bonding, local judging or translation is required. The Referral Program is subject to all national, state, and local laws including applicable tax codes. Aptive shall not be liable for any failure of or delay in relation to the Referral Program for the period that such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war, strikes or labor disputes, embargoes, government orders or any other force majeure event. The section headings contained in these Terms and Conditions are for reference only and shall not in any way affect the meaning or interpretation of these Terms and Conditions.
Limitation of Liability
APTIVE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING ANY REFERRAL REWARD OR ANY REFERRING CUSTOMER’S OR REFERRED CUSTOMER’S PARTICIPATION IN THE REFERRAL PROGRAM, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. ALL REFERRAL REWARDS ARE PROVIDED “AS-IS.” NEITHER APTIVE NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES (THE “APTIVE PARTIES”) SHALL BE RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE, COST, OR INJURY THAT ARISES FROM OR RELATES TO PARTICIPATION IN THE REFERRAL PROGRAM, OR USE OF ANY REFERRAL REWARD, INCLUDING BUT NOT LIMITED TO: (I) LATE, LOST, DELAYED, DAMAGED, MISDIRECTED, INCOMPLETE, OR UNINTELLIGIBLE ENTRIES; (II) TELEPHONE, ELECTRONIC, HARDWARE OR SOFTWARE PROGRAM, NETWORK, INTERNET, OR COMPUTER MALFUNCTIONS, FAILURES, VIRUSES OR DIFFICULTIES OF ANY KIND; (III) FAILED, INCOMPLETE, GARBLED, OR DELAYED COMPUTER TRANSMISSIONS; (IV) THE USE OR DOWNLOADING OF ANY SOFTWARE OR MATERIAL IN CONNECTION WITH THIS REFERRAL PROGRAM; (V) TYPOGRAPHICAL OR OTHER ERROR IN THE PRINTING OF THE REFERRAL PROGRAM, ADMINISTRATION OF THE REFERRAL PROGRAM, OR IN THE ANNOUNCEMENT OF ANY REFERRAL REWARD; (VI) ANY OTHER CONDITION THAT MAY CAUSE THE REFERRAL PROGRAM TO BE DISRUPTED OR CORRUPTED; AND (VII) ANY PERSONAL INJURY, DEATH, OR DAMAGE TO PROPERTY THAT MAY RESULT FROM RECEIPT OR USE OF A REFERRAL REWARD. APTIVE RESERVES THE RIGHT, IN ITS SOLE DISCRETION AND WITHOUT PRIOR NOTICE, TO SUSPEND OR CANCEL THE REFERRAL PROGRAM, ALTER THE RULES OR CANCEL OR SUBSTITUTE ANY OF THE REFERRAL REWARDS FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO, IF AT ANY TIME A COMPUTER VIRUS, TECHNICAL PROBLEM, OR OTHER UNFORESEEABLE OR UNCONTROLLABLE EVENT ALTERS OR CORRUPTS THE ADMINISTRATION OF THE REFERRAL PROGRAM, OR THE AWARDING OR USE OF ANY REFERRAL REWARD. IN NO EVENT SHALL APTIVE OR ANY APTIVE PARTIES BE LIABLE TO REFERRING CUSTOMER, REFERRED CUSTOMER, OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHETHER ARISING UNDER CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR ANY OTHER THEORY OF LIABILITY EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES OR CERTAIN LIMITATIONS OF LIABILITY, THEREFORE, CERTAIN OF THE FOREGOING DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU.
Privacy
Subject to these Terms and Conditions, Referring Customer and Referred Customer information submitted pursuant to the Referral Program will be collected and used in accordance with Aptive’s Privacy Policy. Referring Customer agrees and shall, as applicable, comply with Aptive’s Privacy Policy. Aptive may, in its sole discretion, update its Privacy Policy from time to time.
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