Klutch Referral Program Agreement

Effective Date: December 20, 2019

This Referral Program Agreement is between you and Klutch. It describes and governs your participation in the Klutch Referral Program. This program provides individuals the opportunity to direct referrals to Klutch as potential participants of our waiting list using a Referral Link to get early access to Klutch Card and move up on our waiting list. Other benefits may also be conferred by Klutch, at its own criteria, as you actively continue to share Referral Links.

Read this Referral Program Agreement carefully as your participation in the Referral Program is subject to its terms and conditions. We may update or replace this Referral Program Agreement by posting an updated version to our website.

1. Your Eligibility

To be eligible to participate in the Referral Program you must abide by this Referral Program Agreement and be:

- A natural person who is at least 18 years old;
- An individual registered on Klutch Card's waiting list.

You are prohibited from participation in the Referral Program if:

- You are legally prohibited to join Klutch Card's waiting list for any reason;
- Klutch determines that you violated any provision of this Referral Program Agreement or other agreement you have with Klutch.

2. Eligible Referrals

When permitted to participate in this Referral Program, you will be provided with one or more Referral Links that can be shared with potential participants of our waiting list. These individuals must use your Referral Links to qualify as a Referral. Referrals will not qualify as such if the relevant individual had previously joined our waiting list without using your Referral Link.

3. Referral Links and Other Benefits

Referral Links may only be used by you in conjunction with this Referral Program. You may not transfer them to a third party or sell or attempt to sell them. Klutch owns all rights in Referral Links and any content or intellectual property associated with it. Klutch may limit access or use of Referral links at any time and in its sole discretion if we, for example, believe that you breached this Referral Program Agreement, or if you engaged in activity that was illegal or fraudulent. Klutch may, at its own discretion, offer you other benefits and perks as you continue sharing the Referral Links and getting more Referrals.

4. Restrictions

As part of this Referral Program, you agree to:
- Not represent yourself as an employee or agent of or suggest any affiliation or partnership with Klutch, or claim to be authorized to speak on behalf of Klutch;
- Not send uninvited messages through any medium (email, phone, fax, social media, etc.); will not use automatic dialing apps, scripts, or bots to send messages to third parties; and will at all times comply with applicable laws, and state and federal privacy laws;
- Always send Referral Links as your true self and will not impersonate or claim to represent either real or fictitious third parties, or engage in anything that may be considered unfair, deceptive, or abusive acts or practices (UDAAP) or fraud;
- Not create or use Referral Links in the context of anything that violates individual rights, promotes violence, hate, or discrimination, or is obscene or offensive;
- You will not use the name “Klutch” or the Klutch Card logo in any public advertising or marketing unless expressly permitted to do so by Klutch; and
- Not infringe the privacy or intellectual property rights of third parties.Violation of this section will result in your termination from the Referral Program and forfeiture of any rights under this Referral Program Agreement.

5. Termination

This Referral Program Agreement is effective as of the time you first send or generate a Referral Link and will terminate upon notice by either you or Klutch to the other party. Klutch may terminate this Referral Program Agreement upon notice to you at any point in time.

6. Other Legal terms

Klutch is not liable to you for consequential, indirect, special, or punitive damages, lost profits or revenue. This limitation will apply regardless of the legal theory on which your potential claim is based. Klutch may modify this Referral Program Agreement at any time by posting online an updated version.

7. Entire Agreement

We may process and store personal information for the purposes described in this Privacy Policy in the United States. We will store this information while we continue to develop our products and services to you, to operate our business, comply with contractual obligations, and for as long as required by law.

If you ask us to delete specific personal information, we will honor your request unless deleting the information prevents us from conducting required audits, or carrying out other legitimate business functions, or we are required by law or contractual obligation to keep that information.

8. Defined Terms

Capitalized terms in this Referral Program Agreement will have the meaning provided in the Privacy Policy or as defined below:
"Referral" means an individual that joins for the first time Klutch Card's waiting list using a Referral Link.
"Referral Program Agreement" means the Klutch referral program agreement as amended from time to time.
"Referral Link" means a URL provided by Klutch to you that can be provided by you to individuals that you wish to refer to Klutch.