Referral Program Terms

The following terms and conditions (these “Referral Terms”) contain important information regarding the Sakara Refer A Friend Program (the “Referral Program”) sponsored by Sakara Life, Inc.(“Sponsor”, “we” or “us”). Please read the following Referral Terms carefully. These Referral Terms are a binding agreement between you and Sponsor and will govern your participation in any and all referral offers. These Referral Terms are subject to the Sakara Life Terms and Conditions, available at https://www.sakara.com/pages/terms-and-conditions (the “Terms and Conditions”) and Sakara’s Privacy Policy, available at /pages/privacy-policy (the “Privacy Policy”). The Terms and Conditions and Privacy Policy are expressly incorporated herein.

Sponsor reserves the right to modify these Referral Terms at any time, without notice to you, so it is important to check the Referral Terms periodically. Participation in the Referral Program and/or redemption of Rewards is considered acceptance of these Referral Terms and any modified terms included therein. Sponsor may, in its sole and absolute discretion, cancel, change, suspend or modify any aspect of the Referral Program and/or any Reward at any time, including the availability of any Rewards or benefits, without notice.

THE REFERRAL PROGRAM: The Referral Program entitles members (each “Member”) who make Qualified Referrals (defined below) to earn Rewards (each a “Reward” and collectively “Rewards”), which may change from time to time and may be made available for limited times, all as determined by Sponsor in its sole discretion.

ELIGIBILITY: To be eligible for the Referral Program, you must be a legal resident of the fifty (50) United States or District of Columbia and over 18 years of age. To enroll in the Referral Program, submit your name and email address on our referral landing page and then submit the email address of friends you would like to refer. Employees of Sponsor and their immediate family members living in the same household of Sponsor are not eligible for Referral Program. You cannot participate in Referral Program if it would violate your employer’s policies or terms and conditions. The Referral Program is provided to individuals only. Corporations, associations or other groups may not participate in the Referral Program. It is fraudulent for any individual or company, association, or group to direct, encourage, or allow individuals to use a single account for the purpose of accumulating points for combined use.

QUALIFIED REFERRALS. A Qualified Referral is defined as a referral by a Member through the Member’s Referral Program link (“Referral Link”). Members can make an unlimited number of Qualified Referrals in connection with the Referral Program. Qualified Referral means that the following conditions have been met:

• The referred individual must be a new customer of Sponsor’s;

• The referred individual must place an order on sakara.com for $75 or more

• The referred individual must order using the appropriate discount code, through our Referral Link.

REWARDS. After a Qualified Referral makes an eligible purchase (as noted above), the Member will receive a notification email from Sponsor informing them that they have earned $100 in Sakara Rewards points. Such earned Sakara Rewards points will be automatically applied to Member’s balance and will expire after 12 months of inactivity (i.e., no purchases or redemptions). Sponsor reserves the right to substitute a Reward of equal or greater value at any time in its sole discretion, including, but not limited to, if a Reward is no longer available. Rewards may only be available while supplies last. Restrictions and additional Reward terms may apply and are subject to verification. Rewards will not be issued upon termination of Referral Program or if the Member is expelled from Referral Program. Rewards will be sent by email to the email address provided to Sponsor in connection with the Referral Program. Sponsor is not responsible for Rewards that are not delivered or received. Members are responsible for ensuring that they have provided an accurate email address to Sponsor. Unless otherwise stated, Rewards have no monetary value and may not be redeemed for cash. Rewards are not transferable and may not be copied, auctioned, traded, bartered or sold. Any other use constitutes fraud. Rewards are void where prohibited by law.

Sponsor may delay a Reward for the purposes of investigation and may refuse to verify and process any transaction Sponsor deems, in its sole discretion, to be fraudulent, suspicious, in violation of these Referral Terms. All of Sponsor’s decisions are final and binding, including decisions as to whether a Qualifying Referral is verified or a Reward is earned pursuant to these Referral Terms.

REFERRAL RESTRICTIONS. Members must only provide Sponsor with the email addresses of legitimate friends who are real people whom they know and cannot refer themselves or create multiple, fictitious or fake accounts with Sponsor or participate in the Referral Program by pretending to be Member’s own “friends”. Members, friends and/or any other Members in the Referral Program (collectively, “Members”) may not use the Referral Program in a manner that violates any law, infringes or violates the rights of any third party, or otherwise act in a manner that is deemed harassing, harmful, illegal, hateful, obscene or outside the spirit and intent of the Referral Program, as such conduct will be grounds for immediate termination and disqualification from the Referral Program, forfeiture of any Reward accrued, cancellation and forfeiture of any Reward and/or deactivation of any Referral Link. In addition, Members may not (i) tamper with the Referral Program, (ii) act in an unfair or disruptive manner, or (iii) use any system, bot or other device or artifice to participate or receive any benefit in the Referral Program. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE REFERRAL PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
NO SPAM. Members must comply with all up-to-date “spam” laws. For example, emails must be created and distributed in a personal manner. Bulk email distribution, distribution to strangers, or any other use of the services described herein in a manner outside the intent of the Referral Program is expressly prohibited and may be grounds for immediate termination and further legal action. Any distribution of a Referral Link that could constitute unsolicited commercial email or "spam" under any applicable law or regulation is expressly prohibited and will be grounds for immediate termination of Member account and exclusion from Referral Program. Sponsor has no obligation to monitor the Referral Program or any communications; however, Sponsor may choose to do so and block any email messages, remove any such content, or prohibit any use of the Referral Program in violation of these Referral Terms. Members who do not comply with the law, including “spam” laws, are obligated to indemnify the Released Parties (defined below) against any liabilities, costs and expenses it incurs as a results of such spam.
MEMBER’S CODE OF CONDUCT: Sponsor believes in full transparency and in full, fair and effective disclosures of material facts relating to Member’s relationship with Sponsor. Sponsor requires that all Members abide by the FTC’s Guides Concerning the Use of Endorsements and Testimonials in Advertising (https://www.ecfr.gov/current/title-16/chapter-I/subchapter-B/part-255) (“FTC Endorsement Guides”). Per the FTC Endorsement Guides, Member should disclose Member’s connection to Sponsor when speaking favorably about or otherwise promoting the Program.

TERMINATION: Sponsor may, in its sole and absolute discretion, cancel, change, suspend, or modify any aspect of the Referral Program and/or any Reward at any time, including the availability of any Reward, without notice. Sponsor may, in its sole and absolute discretion, terminate or suspend any Member’s participation in the Program for breach of these Referral Terms, or for taking any actions that are inconsistent with the intent of these Referral Terms. Sponsor reserves the right at its sole discretion to prohibit any Member from participating in any aspect of the Referral Program if Sponsor deems or suspects that such Member has engaged in or has attempted to engage in any of the following: (a) acting in violation of these Referral Terms; or (b) damaging, tampering with or corrupting the operation of the Referral Program or site; or (c) acting with intent to annoy, harass or abuse any other person; or (d) any inappropriate, uncooperative, disruptive, fraudulent, potentially fraudulent, or unusual behavior or activity; or (e) activity deemed in the sole discretion of Sponsor to be generally inconsistent with the intended operation of the Referral Program. Any decision Sponsor makes relating to termination or suspension of any Member’s participation in the Referral Program shall be final and binding in all respects. Sponsor shall be the sole determiner in cases of suspected abuse, fraud, or breach of these Referral Terms or intent of these Referral Terms.

INDEPENDENT CONTRACTOR STATUS: Nothing in these Referral Terms implies any employment or joint venture relationship between Sponsor and Member. As an independent contractor, Member shall not receive nor be entitled to a salary or any other benefits or privileges Sponsor provides to its employees. Sponsor and Member agree that: (i) Member will be treated as an independent contractor with respect to Member’s role under these Referral Terms for all purposes, including, federal, state, and local tax purposes and for all other purposes and Sponsor will not withhold or pay over on behalf of Member any amounts relating to federal, state or local income taxes, unemployment compensation, workers compensation, social security or other taxes or assessments; (ii) Member will never be asked to perform tasks, duties, or otherwise which will render Member’s services to be that of an employee; (iii) Member will not be provided great detail or strict guidelines about how to participate in Referral Program but will rely on Member’s own expertise; (iv) Member may perform tasks at Member’s own discretion on Member’s own schedule, and Member may elect the hours (if any) during which Member puts effort against the tasks; and (v) Sponsor has no right to exercise any control whatsoever on Member’s daily activities.

TAXES: All taxes applicable to any Reward provided by Sponsor under these Referral Terms will be Member’s responsibility and Sponsor shall not withhold or pay any amounts for federal, state or municipal income tax, social security, unemployment or worker’s compensation.

CONFIDENTIALITY: Both Sponsor and Member acknowledge that either party may acquire confidential information concerning the other party pursuant to the provisions of these Referral Terms, and hereby agree that they shall not use any such information for any purpose, except as otherwise expressly permitted hereunder. Member further agrees not to disclose or provide any such information to any third party and to take all necessary measures to prevent any such disclosure.

RELEASE: By participating in the Referral Program, Members release Sponsor, its parent, subsidiaries, affiliates, suppliers, advertising and promotions agencies and their respective directors, officers, employees, and agents (collectively, “Released Parties”) from any and all liability for any loss, harm, damages, cost or expense, including, without limitation, property damages, personal injury and/or death, arising out of or in any way connected to the Referral Program and/or the use of any Rewards.

INDEMNIFICATION: Members agree to indemnify, defend and hold Sponsor and its representatives and agents harmless from and against any and all third party claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to any breach by Member of any of these Referral Terms or any violation by Member of applicable law.

GOVERNING LAW: The laws of the State of New York shall govern these Referral Terms. Member hereby expressly consents to exclusive jurisdiction and venue in the courts located in New York for all matters arising in connection with these Referral Terms or Member’s participation in the Referral Program.

LIMITATION OF LIABILITY: To the fullest extent permitted by applicable law, no responsibility or liability is assumed by the Sponsor for technical problems or technical malfunction arising in connection with any of the following occurrences which may affect the operation of the Referral Program and/or site: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online or other communication problems; errors or limitations of any Internet service providers, servers, hosts or providers; garbled, jumbled or faulty data transmissions; failure of any e-mail transmissions to be sent or received; lost, late, delayed or intercepted e-mail transmissions; inaccessibility of the site in whole or in part for any reason; traffic congestion on the Internet or site; unauthorized human or non-human intervention of the operation of the Referral Program, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; or destruction of any aspect of the Referral Program, or loss, miscount, misdirection, inaccessibility or unavailability of an account used in connection with the Referral Program.

To the fullest extent permitted by applicable law, Member hereby agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Referral Program or any Rewards shall be resolved individually, without resort to any form of class action; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Referral Program, but in no event attorneys’ fees; and (iii) under no circumstances will Member or anyone else be permitted to obtain awards for and Members hereby waive all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.

WITHOUT LIMITING THE FOREGOING, AND TO THE FULLEST EXTENT PERMITTED BY LAW, EVERYTHING ON THE SITE IS PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

PRIVACY. The personal information collected, processed and used as part of the Referral Program will be used in accordance with Sponsor’s Privacy Policy (https://www.sakara.com/pages/privacy-policy). Sponsor and/or its service providers may contact Members about their participation in the Referral Program.