Mulberry Refer-a-Friend Program Terms & Conditions

The Mulberry Refer A Friend Program (“RAF Program”) allows you to receive certain incentives described herein from Mulberry Technology Inc. (“Mulberry”) for referring new customers to Mulberry during the Referral Period (as defined herein).

These Refer-a-Friend Program Terms & Conditions (these “Terms”) apply to the RAF Program. Please read them carefully. By referring a friend to the RAF Program, you will be deemed to have accepted and be bound by these Terms. By receiving an Incentive herein, you also agree to the Refer-A-Friend Sweepstakes Official Rules found at https://www.getmulberry.com/terms-raf-sweepstakes (“Sweepstakes Rules”).

Eligibility Criteria

1.1. In order to participate in the RAF Program, you must:

(a) have an active Mulberry Account;

(b) not be an employee or an immediate family member of an employee of Mulberry;

(c) be at least 18 years of age at the time of participation (or the local age of majority in the jurisdiction where you reside, if higher than 18); and

(d) reside in the 50 United States or District of Columbia.

The use of multiple accounts, email addresses, online identities or aliases to circumvent the eligibility requirements and/or other limitations of these Terms is prohibited and may result in exclusion from the RAF Program and the cancellation of all related rights to an Incentive.

Mulberry reserves the right to limit, suspend or terminate your ability to participate in the RAF Program and/or your right to receive any Incentive if Mulberry suspects that you (or any individual you refer to Mulberry) have used or attempted to use the RAF Program in a fraudulent or abusive manner or in violation of these Terms or applicable law.

Referring Friends:

2.1. For the purposes of the RAF Program, a “Referred Friend” means an individual that:

(a) you refer to Mulberry using the referral link shown in your Mulberry Account (the “Referral Link”);

(b) successfully downloads the Mulberry browser extension using the Referral Link as confirmed by Mulberry in accordance with its internal procedures during the Referral Period;

2.2. Referral Links are personal to you. You are prohibited from “spamming” anyone with referral invitations. This includes mass emailing, texting or messaging people you do not know or using automated systems or bots through any channel to distribute your Referral Link. You are prohibited from paying to advertise your Referral Link or paying or providing anything of value to any person to whom they direct a Referral Link or any other third party to obtain benefits under this RAF Program. With the exception of public postings to any websites or blogs owned or controlled by you or your social media pages, the direct sharing of Referral Links outside of your warm network of personal connections is strictly prohibited and you must obtain the express consent of any party prior to sharing the Referral Link with them. When sharing a Referral Link, you must always tell the referred individual that you will be receiving an Incentive if the referred individual downloads the Mulberry browser extension using the Referral Link. You must at all times remain compliant with all applicable laws. You agree to indemnify and hold harmless Mulberry and its affiliates from any and all damages, costs, claims, expenses and other liability (including reasonable attorneys’ fees) arising from or relating to the breach or alleged breach by you of this paragraph.

You may not share the Referral Link with content that Mulberry deems offensive or inappropriate in its sole discretion. Without limiting the foregoing, such content includes all forms of pornography, obscenity, indecent language and content that incites hate, is demeaning, disparages or damages the goodwill, reputation, or brand image of Mulberry, or incites or endorses discrimination in any form.

Mulberry reserves the right, in its sole discretion, to revoke or void any Incentives which it deems, in its sole discretion, to be procured (a) in violation of these Terms, including without limitation, distribution through unauthorized channels or in violation of any applicable law, rule or regulation, or (b) in association with content that Mulberry deems offensive or inappropriate in its sole discretion.

2.3. A referred individual may only use one Referral Link. If a referred individual receives Referral Links from multiple Mulberry account holders, only the account holder associated with the Referral Link actually used by the referred individual to download the Mulberry browser extension will receive the applicable Incentive.

Additional Prohibited Activities

3.1. You shall not, and shall ensure that your Referred Friends do not, perform any of the following activities:

(a) Make, in the reasonable discretion of Mulberry, fake or artificial downloads of Mulberry’s browser extension for the sole purpose of generating opportunities for Incentives (defined below);

(b) Create or employ any mechanism designed to artificially or automatically download Mulberry’s browser extension;

(d) Commit, or collude with others to commit, fraudulent activity.

Incentives

4.1. For each of the first twenty-five (25) Referred Friends you refer to Mulberry during the Referral Period, as confirmed by Mulberry, all in accordance with these Terms and Sweepstakes Rules, you will automatically be entered into a drawing under the Refer-A-Friend Sweepstakes (“Sweepstakes Incentive”). You may only earn a maximum of twenty-five (25) entries into the Refer-A-Friend Sweepstakes.

4.2. You, and not Mulberry, shall be responsible for any taxes, duties, assessments, fines or levies or other amounts payable by you to any governmental or regulatory authority arising out of your participation in the RAF Program and receipt of any Incentive. You are responsible for reporting any taxes owed by you in relation to Incentives received through the RAF Program.

4.4. Mulberry shall have the right, in its sole discretion, to withhold the provision of any Incentive where it reasonably suspects or knows that any of the prohibited activities referred to in Sections 2 or 3 above has taken place.

4.5. Incentives are issued for promotional purposes; they have no cash value and may not be transferred, assigned, exchanged, or substituted or redeemed for cash except to the extent required by law. Notwithstanding the foregoing, Mulberry reserves the right to substitute an Incentive for an item of equal or greater value in the event an advertised Incentive is unavailable. If an Incentive is issued in the form of a gift card, the third-party supplier’s (if applicable) standard terms and conditions regarding gift cards apply.

Warranties

You represent, warrant and covenant to Mulberry that:

(a) You will not engage in the distribution of any bulk emails (spam) in any way mentioning or referencing Mulberry or any of its products or services.

(b) You will comply with all laws, rules and regulations applicable to your participation in the RAF Program.

Privacy and personal data

Processing of personal data is governed by Mulberry’s Privacy Policy which can be found on Mulberry’s website (https://www.mulberry.com/us/privacy-policy). Additional information may be required by Mulberry to verify compliance with the RAF Program and/or these Terms.

Right to Cancel Program and Changes to Terms and Conditions

Mulberry reserves the right, at any time, with or without notice, in Mulberry’s sole discretion, to modify or terminate the RAF Program and/or amend these Terms and to impose new or additional terms and conditions in relation to the RAF Program. Changes will be effective as soon as they are published on the website for the RAF Program. By continuing to participate in the RAF Program after the posting of such changes, you shall be deemed to accept such changes. If Mulberry terminates the RAF Program, all claims to a right to receive an Incentive will be revoked and forfeited at that time.

Term

8.1. The RAF Program will expire on October 31, 2021 at 11:59 PM ET (the “Referral Period”)

Dispute Process/Limitation of Liability/Indemnification

You have forty-eight (48) hours from the date on which notice is sent that you earned a Sweepstakes Incentive ("Claim Period”) to challenge the gift or amount of such Incentive (“Claim"). Where written notice is provided in the Claim Period, Mulberry shall use reasonable commercial efforts to investigate and resolve any errors or discrepancies. If you fail to provide written notice to Mulberry of a Claim within the Claim Period, you shall be deemed to approve the Sweepstakes Incentive, as applicable. After the Claim Period, Mulberry shall be under no obligation to investigate any Claims and, to the extent permitted by law, you hereby release and discharge Mulberry from any and all liability with respect to any unpaid Incentives that may otherwise have been payable to you.

General

10.1. These Terms and any legal relationship between the parties arising out of or in connection with the RAF Program shall be governed by and interpreted in accordance with the laws of the state of New York. Any dispute under this Agreement or otherwise in connection with the RAF Program shall be brought exclusively before the courts located in New York County, New York.

10.2. The RAF Program shall not be construed to create any employment relationship, agency relationship or partnership between you and Mulberry. You shall have no authority to bind Mulberry or enter into any agreement on its behalf and nor shall you be considered to be an agent of Mulberry in any respect.

10.3. If any part of these Terms is found by a court of a competent jurisdiction to be invalid, unlawful or unenforceable then such part shall be severed from the remainder of these Terms, which shall continue to be valid and enforceable to the fullest extent permitted by law.

10.4. If you are dissatisfied with any aspect of the RAF Program at any time, your sole and exclusive remedy is to cease participating in the RAF Program. All decisions of Mulberry regarding the interpretation of these Terms and any other aspects of the RAF Program will be final and binding.

Contact

If you have any questions about the Program or these Terms, please contact us at hello@getmulberry.com.