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Amuse Referral Program Rules

Last Updated: November 16, 2020

These Amuse Referral Program Rules (“Program Rules”) govern your participation in the Amuse Referral Program. The Program Rules are in addition to any agreements between you and Amuse, including the Amuse Terms of Service, as applicable (collectively, the “Amuse Terms”). The Amuse Terms are incorporated by reference and shall apply to your participation in the Amuse Referral Program, including, if necessary, to resolve any disputes between you and Amuse related to or arising out of the Referral Program.

Program Overview

The Amuse Referral Program (“Referral Program”) is offered by Open Road Delivery Holdings, Inc. and its affiliates (together referred to as “Amuse”) and provides Users who are interested in referring their family and friends (“Referrers”) the opportunity to refer eligible individuals to join the Amuse community as new users. These Program Rules apply to both Referrers and referred Users (“Referred Users” respectively), so please read carefully to understand your respective rights and obligations.

Referrer Eligibility

To be eligible to participate in the Referral Program as a Referrer, you must (a) be a legal resident of the United States; (b) be 21+ of age; and (c) maintain a Amuse account in good standing. Referrers may be Users (have a valid Amuse account but not have completed at least one order) or Customers (have placed and completed at least one order). If you violate the Program Rules, the Amuse Terms of Service or any other applicable terms, Amuse may suspend or terminate your ability to participate in the Referral Program under any or all of your accounts.

Amuse Codes

Under the Referral Program, Amuse may provide you with a unique alphanumeric code (“Amuse Code”) to distribute to eligible individuals to become new Users. Amuse may also provide you the ability to create additional Amuse Codes. Amuse owns all rights in and to any Amuse Code whether provided to you or created by you. You acknowledge and agree that: (a) Amuse may limit the number of Amuse Codes you may create or are made available to you, (b) you have no ownership rights in any form over the Amuse Codes, and (c) Amuse may reclaim, deactivate, invalidate or terminate your Amuse Code at any time at its discretion.

How to Refer New Users

a. Invitations through the Amuse Platform.

You may invite your family and friends to become new Users directly through the Amuse Platform by entering or providing Amuse with your invitee’s contact information (all information collected by Amuse under the Referral Program shall be governed by Amuse’s Privacy Policy). Inviting an individual through the Amuse Platform may generate an automatic invitation text (SMS) or email (the “Invitation”) to the person which may be sent through your phone number or a number controlled by Amuse. The Invitation may contain a promotional offer of Amuse credit to a new User. You represent that you have the necessary consent from your invitee to send them the Invitation (either directly or through the Amuse Platform). If your invitee follows the links in your Invitation and creates a Amuse account using the information provided, your Amuse Code will be automatically applied on the new User’s.

b. Other Invitations.

You may also invite eligible individuals to become new Users by distributing your Amuse Code or Vanity URL directly and instructing them to manually input your Amuse Code into the Amuse website during checkout. If a user clicks your referral link, that code will be automatically applied and tracked. A User will not be able to apply your Amuse Code if (i) they’ve already applied another User’s Amuse Code or a different promotion code, (ii) they’ve already received Amuse credit from Amuse or another source on their User account prior to entry of your Amuse Code, or (iii) they placed an order on Amuse prior to entering your Amuse Code in their Account. If a User does not enter your Amuse Code you will not receive attribution for the referral and they will not be considered your Referred User. Amuse reserves the right to supply new Users with Amuse credit or sign-on bonuses at its discretion.


Referral Rewards

a. General.

You are eligible to earn a referral incentive (“Referral Reward”) for each Referred User that you refer to the Amuse Platform (subject to certain maximum limits and the other terms in these Program Rules). Referral Rewards can only be earned for Referrals in the United States of America. As discussed above, in order to qualify as your Referred User, the new User must satisfy the applicable reward criteria (“Reward Criteria”) as communicated to the Referred User by Amuse. The Reward Criteria are set by Amuse in its sole discretion and are subject to change at any time. The Reward Criteria may vary by market or within a particular market. Amuse, at its sole discretion, may make available certain promotions with different Reward Criteria or Referral Rewards to other Users or prospective Users. These promotions, unless offered to you, shall have no bearing whatsoever on your Agreement or relationship with Amuse.

If the new User that you refer satisfies the Reward Criteria, the type of Referral Reward you are eligible to receive may depend on (i) which Amuse User account you used to refer the new user, (ii) the Amuse region associated with your Amuse account (which may be the last location you have logged into the Amuse application), (iii) the Amuse region associated with the Referred User when they apply your Amuse Code, (iv) the Amuse region where the Referred User gave or placed their first order; or (v) other factors as determined and communicated by Amuse.

Both the Referrers and the Referred Users may be presented in the Amuse website with the amounts of the Referral Rewards they may receive if all the Referral Criteria and other conditions described herein are met. These amounts are calculated based on certain assumptions, such as, without limitation, the Referrer’s or the Referred User’s location at the time they give or take their first ride or download the Amuse app, and may not be accurate based on the actual behavior of the Referred Users. Such amounts, therefore, are only estimates and may differ based on a number of factors. Amuse will make a good faith calculation of such amounts based on the location of the Referrer and the Referred User. The Referrer and the Referred User will see the final applicable amount of their respective Referral Bonuses at the time when such Referral Bonuses are applied to their User Accounts and/or paid out.

b. Resolving Disputes over Referrals.

Only one person can earn a Referral Reward for a single Referred User. In the event that multiple persons claim credit for a particular referral, Amuse has full discretion to determine which person earned such referral according to Amuse’s systems.

c. Reservation of rights.

Amuse reserves the right to withhold or deduct Referral Rewards or Referral Credit obtained through the Referral Program in the event that Amuse determines or believes that the receipt of the Referral Reward or Referral Credit was in error, fraudulent, illegal, or in violation of these Program Rules or any other applicable agreement between you and Amuse.

Restrictions

In connection with your participation in the Referral Program, you expressly agree to the restrictions listed below. When distributing, promoting or communicating your Referral Code(s) you agree that:

  1. a. No spamming. You agree that you will not “spam” anyone with invitations to join the Amuse community, and that you at all times will remain compliant with CAN-SPAM, the TCPA, and other applicable laws. The following specific activities are prohibited:

  2. i. Mass emailing, texting or messaging people you do not personally know;

    1. ii. Use of automated systems or bots through any channel to distribute, post or respond to your Referral Code;

    2. iii. Use of scripts, programed or automatic dialers to send invites or to communicate Referral Codes; and

    3. iv. Posting Referral Codes on event or venue pages without express permission from the event or venue owner.

  3. b. No Misrepresentations. You agree that you will not attempt to mislead anyone in connection with the Referral Program, either by affirmative representation, implication, or omission. In particular, you agree that you will not:

    1. i. Impersonate any person or entity;

    2. ii. Create fake accounts, blogs, webpages, profiles, websites, links or messages;

    3. iii. Misrepresent your relationship with Amuse or any other third party (Don’t create content or communications that could have the effect of leading a consumer to believe that it is an official communication from Amuse.);

    4. iv. Suggest that an affiliation or partnership exists with a third party where none exists.

    5. v. Don’t make misrepresentations with respect to the characteristics or qualification requirements for any Referral Rewards. You acknowledge that Amuse may change the characteristics or qualification requirements for Referral Rewards in its discretion, and therefore you shall not represent any fixed characteristics (e.g., amount of Amuse credit, expiration date).

  4. c. Prohibited content. You agree that you will not use the Amuse brand without Amuse’s explicit written permission in connection with:

    1. i. Disparaging or defamatory content concerning Amuse or third parties;

    2. ii. Content which promotes racism, bigotry, hatred, discrimination or physical harm of any kind against any group or individual;

    3. iii. Offensive, abusive, intimidating or harassing content

    4. iv. Content that is sexually explicit, obscene and/or contains nudity

    5. v. Any political and/or religious statement;

    6. vi. Content containing images or reference to weapons or firearms

    7. vii. Content that violates someone else’s privacy

  5. d. Other restrictions. You also agree that you will not:

    1. i. Specify the monetary amount of the Referral Code unless authorized by Amuse in writing;

    2. ii. Create websites, domains, URLs, social media handles or email addresses containing the word “Amuse”;

    3. iii. Use the names or marks of Amuse competitors;

    4. iv. Use images of celebrities or other public or private figures without their written consent;

    5. v. Use someone else’s brand name or intellectual property without their written consent (for example, referencing “Superbowl” or “Coachella” would be prohibited);

    6. vi. Engage in phishing or attempting to obtain financial or other personal information;

    7. vii. Solicit passwords or personally identifiable information;

    8. viii. Sell your Referral Code. You agree that you will only distribute your Amuse Code free of charge only for promotional purposes. You may not sell, trade, or barter your Amuse Code under any circumstances. You may not pay or provide anything of value to an invited user beyond any Referral Credit or collateral supplied by Amuse;

    9. ix. Violate or infringe the rights of a third party. You will not create any Amuse Code that infringes on the intellectual property rights of any third party. You will adhere to the license terms in any use of the Amuse Marks.

    10. x. Advertise. You agree that you will not pay to advertise your Amuse Code or the Referral Program, including via Google, Facebook, Twitter, Bing and Craigslist.

    11. xi. Create printed materials other than those authorized by Amuse (including but not limited to: VistaPrint)

    12. xii. Post printed materials on public or private property without the express written consent.

    13. xiii. Engage in fraudulent activity. You agree that you and your Referred Users will not defraud or abuse (or attempt to defraud or abuse) Amuse, the terms of the Referral Program, or any invited Users.

If you violate any of these restrictions Amuse may, in its discretion, remove your eligibility to participate in the Referral Program, and/or deny you any Referral Rewards earned in violation or suspected violation of these restrictions.

Other Terms

The following terms shall also apply to your participation in the Referral Program.

  1. a. Users cannot earn Referral Rewards for referring themselves;

  2. b. In exchange for allowing you to promote your Amuse Code online (subject to the restrictions above), you agree to include a link on any such promotion page back to Amuse’s promotion page (or such other page as Amuse designates);

  3. c. All Amuse promotions run for a limited time only and are subject to change at Amuse’s discretion.

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