Refer Friends Terms

Important

  • The new member must register via a Personal Referrer Link.
  • You must have entered a valid Ethereum address on QuizBeat.com to be eligible to receive the Token bonus.
  • You must complete the KYC process successfully to be eligible for any token bonus.
  • In order to prevent fraud and money laundering, QuizBeat.com shall request confirmation of your identity before transferring Tokens to you.
  • The company expressly excludes any persons from the United States of America, China, Singapore and Korea – whether by residency or citizenship

Refer Friend Terms and Conditions

1. Definitions and Interpretation

1.1 “Advertised Member” means a member transferred to the Site through your placement of our Referral Link on Advertising Mediums who fulfils the required criteria as described in these Terms and Conditions.

“Fraud Traffic” means Traffic, Sign Ups or contributions generated on our Services through illegal means or any other action committed in bad faith to defraud us (as determined by us in our sole discretion), regardless of whether or not it actually causes us harm, collusion, manipulation of the service or system, bonuses or other promotional abuse, creation of false and/or multiple accounts for the purpose of generating Traffic to get Referrer Accruals, and unauthorised use of any third-party accounts, copyrights, trademarks and other third party Intellectual Property Rights (which, for the avoidance of doubt, includes our Intellectual Property Rights);

“Intellectual Property Rights” means rights to all existing and future patents, trade marks, design rights, service marks, trade dress, trade or business names (including domain names), registered designs, copyright (including rights in computer software) moral rights, database rights, format rights and topography rights (whether or not any of these is or are registered and including applications for registration) know-how, trade secrets and rights of confidence and all rights and forms of protection throughout the world of a similar nature or with similar effect to any of these for the full unexpired period of any such rights and any extensions and/or renewals thereof;

“Marketing Materials” means the creatives (which may include the Marks) that have been provided or otherwise made available to you by us and pre-approved by us. These include but are not limited to banners, html mailers, Personal Referrer Links, editorial columns, images, logos, photos, drawings, flyers, sketches, emails, email signatures, forum signatures, signatures created for instant messenger software, splash pages, web-pages, CD-ROMs, DVDs, Blue-Ray discs, in-games ads, magazines, videos, software, flash movies, podcasts, video podcasts, and microsites;

“Marks” means “QuizBeat.com” and/or any brand, logo, device, mark, domain name or trade name that contains, is confusingly similar to or is comprised of the foregoing or any other name or mark owned or adopted from time to time by us or any company within the QuizBeat.com group;

“Personal Referrer Link” means a unique hyperlink obtained on https://www.quizbeat.com/refer-friends/ belonging to a Referrer to direct potential Advertised Members to our Site. This allows us to link the person who clicked on that specific type of link to the Referrer who placed the link.

Points: the points allocated to the participants in the Quizbeat Airpot Promotion (more details available on the Site)

Refer a Friend Program: the referral program described in these terms and conditions.

“Referrer Accruals: any points or Tokens awarded to you in accordance with these Terms and Conditions and the Site.

“Services” means the service(s) offered by us;

“Site(s)” means any websites and any other online site or platform that is owned, operated or controlled by or on behalf of QuizBeat.com from time to time;

Terms and Conditions: these terms and conditions.

Tokens: the QuizBeat Token.

“Traffic” means directing visitors to our Site through the Marketing Materials used/placed by you as stipulated.

1.2 The clause headings are included for convenience only and shall not affect the interpretation of these Terms & Conditions. Where the context requires, words importing the singular shall include the plural and vice versa.

2. Requirements to receive Referrer Accruals

2.1. In order to promote our Site and Services, you have to be a registered member of QuizBeat.com. Furthermore, to get Referrer Accruals, you must have an Ethereum address entered into your QuizBeat.com profile. The Advertised Member must not already have an account or have previously held an account with us under the same name or any other name or alias.

2.2. You must submit all required personal details, which are accurate, true and complete and submit all relevant identification documents, by completing the KYC process on our Site. Tokens, that cannot be distributed to a user due to fail of KYC or other reasons like fraud, will be returned to QuizBeat´s token pool.

2.3 Current and former employees of QuizBeat.com and its related corporations, partners, agents, contractors, representatives and suppliers (including their immediate family members, spouses, partners and housemates), are not eligible to participate in our Refer a Friend-Program (except where QuizBeat.com allows it).

3. Referrer obligations

3.1. Subject to these Terms & Conditions and for the duration thereof, we grant you the non-exclusive and non-transferable right to market and promote our Site solely by means of placing the Marketing Materials to direct Advertised Members to our Site. This right cannot be sub-licensed, assigned or otherwise transferred by you.

3.2. You shall fully comply with our general terms and conditions.

3.3 You shall use reasonable endeavours to ensure that Advertised Members referred by you to our Site are of the age of majority to participate in our Services. This includes, but is not limited to, for example not placing Marketing Materials on Advertising Mediums aimed at minors.

3.4 You shall not open accounts with us on behalf of third parties..

4. Marketing & Advertisements

4.1 Your right to use the Marks and Marketing Materials is limited and subject to these Terms and Conditions. You shall not assert the invalidity, unenforceability, or contest the ownership of the Marks and Marketing Materials in any action or proceeding of whatever kind or nature, and shall not take any action that may prejudice our rights in the Marks and Marketing Materials, render the same generic, or otherwise weaken their validity or diminish their associated goodwill. You agree that all use of the Marks and Marketing Materials by you inures to our sole benefit and that you will not obtain any rights in our Marks and Marketing Materials as a result of such use.

4.2 All Intellectual Property Rights in or arising out of or in connection with our Services shall be owned by Quizbeat.

4.3 You shall not purchase or register keywords, search terms or other identifiers for use in any search engine, portal, sponsored advertising service or other search or referral service and which are identical or similar to any of the Marks or variations thereof. In addition, you shall not include metatag keywords which are identical or similar to any of the marks.

4.4 All of your marketing activities must be professional, proper and lawful under applicable rules, regulations or laws (including any laws in relation to the content and nature of any advertising or marketing) and otherwise comply with these Terms & Conditions.

4.5 You shall not by yourself place and shall not authorise, procure, assist or encourage any third party to:

4.5.1 Place the Marketing Materials on Advertising Mediums where the content is not suitable, for example, if any of the content of the Advertising Medium included, but not limited to, is unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable including, without limitation, content that is aimed at minors; displays sexual, pornographic or obscene acts; contains graphic violence; contains discriminatory content (whether based on race, sex, religion, nationality, ethnicity, sexual preference, physical disability, gender or otherwise).

4.5.2 Place the Marketing Materials on Advertising Mediums where the content violates the intellectual property rights of any other party.

4.5.3 Disparage us or otherwise damage our goodwill or reputation in any way.

4.5.4 Copy or otherwise create a website that substantially resembles the “look and feel” of our Sites, including promoting any website that resembles in any way the “look and feel” of any of our Sites, whether in whole or in part, nor utilise any such means or website to create the impression that such websites are our Sites (or any part of our Sites).

4.5.5 Frame any page of the Site(s) in whole or in part.

4.5.6 Read, intercept, modify, record, redirect, interpret, or fill in the contents of any electronic form or other materials submitted to us by any other person.

4.5.7 Alter, redirect or in any way interfere with the operation or accessibility of the Sites or any page thereof or otherwise attempt to intercept or redirect (including via user-installed software) traffic from or on any website or other place that participates in the Refer a Friend-Program.

4.5.8 Take any action that could reasonably cause any end-user confusion as to our relationship with you or any third party, or as to the ownership or operation of the Sites or Services on which any functions or transactions are occurring.

4.5.9 Send any unsolicited email or other electronic communication to anyone to promote our Services. Therefore, emails inviting third parties/potential Members to visit our Site shall only be sent to recipients who are linked to you in some way (e.g. friends) and/or where you can assume that they are not offended in some way by the invitation-email.

4.5.10 Post or transmit to any other visitors or members, any unlawful, harassing, abusive, threatening, libellous, defamatory, obscene, indecent, inflammatory, racially or ethnically objectionable, pornographic or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any applicable law.

4.5.11 Without prejudice to anything else in these Terms & Conditions, if we determine, in our sole discretion, that you have engaged in any of the foregoing activities, we shall have the right to reclaim or withhold all or parts of your Referrer Accruals and/or terminate the Terms & Conditions immediately on written notice.

5. Referrer Accruals / Credit

5.1 The following criteria have to be met by a referred member in order to qualify as an Advertised Member:

a. The member must create an account with us by registering on our Site via a Referrer’s Personal Referrer link only.

b. The member enters must enter their Ethereum address into his QuizBeat.com profile.

c. After clicking on the Referrer’s Personal Referrer Link, the Advertised Member needs to create an account by registering on our Site within 14 days.

d. The member must successfully complete our KYC process and satisfy our KYC requirements.

5.2 If there is any suspicion concerning fraud, including but not limited to applying/registering twice or more for a membership of him-/herself or a third person, entering invalid/false/fake personal data of him-/herself or a third person,

5.3 Your Referrer Accruals are personal to you and you shall have no claim to Referrer Accruals or other compensation on business secured by any other person. Referrer Accruals cannot be credited for or on behalf of a third party.

5.4 In the event that we determine, in our sole discretion any activity to constitute Fraud Traffic, or to otherwise be in contravention of these Terms & Conditions, we shall have the right to reclaim or withhold all or parts of your Referrer Accruals, delay the credit of the Referrer Accruals during verification and investigation or forfeit your Referrer Accruals.

5.5 Requests concerning the credit of Referrer Accruals shall be initiated by us within 7 days. If you disagree with your Referrer Accruals, you have to send us written notice of your dispute immediately.

6. Reports

We will track and report Advertised Member activity for purposes of calculating your Referrer Accruals. The form and content of the reports may vary from time to time in our sole discretion. We hereby exclude any and all liability for the timeliness, accuracy or completeness of any such reports. We give you the possibility to get an overview about the number of Advertised Members by you, published on our Site in the Refer a Friend-Program-area.

7. Confidential Information

7.1 All information concerning the operations, structure, personnel, principals, or any other data that can reasonably be considered internal-only information shall be kept in strict confidence by you. This includes (but is not limited to) any information regarding the number of members on the Site, potential Members, transfers, bonus payments, Referrer Accruals, any financial, statistical or other information that is provided by us to you, whether or not such information includes a mark affirming its confidentiality. All this information shall remain confidential after the expiry of the Term. We may require you to sign a confidentiality agreement if, in our sole discretion, it determines that the information to be conveyed to you warrants such additional covenants of confidentiality.

Term and Termination and Consequences

8.1 These Terms & Conditions will take effect when you participate in the Refer a Friend-Program and/or indicate your agreement on the Site.

8.2 We reserve the right to modify any of these Terms & Conditions at any time, in our sole discretion, by posting the new version of the Terms & Conditions on our Site. All modifications to these Terms & Conditions will be effective on the date of posting or the sending of such notice. It is your responsibility to visit the Site frequently to make sure you are up to date with the latest version of the Terms & Conditions. If any of the modifications is unacceptable to you, you may terminate these Terms & Conditions in accordance with clause 8.3. Your continued participation in the Refer a Friend-Program will be deemed acceptance of the modification.

8.3 You may terminate these Terms & Conditions, with or without cause, immediately upon written notice to us. You can send this written notice via email to [email protected]

8.4 We may terminate these Terms & Conditions, without cause at any time, upon written notice to you using such email address or other contact details that you have provided to us.

8.5 For the avoidance of doubt, termination of the Terms & Conditions will automatically end your participation in the Refer a Friend-Program and revocation of all privileges and licences granted hereunder and in particular:

a. You shall stop promoting the Sites and all rights and licenses given to you under these Terms & Conditions will terminate immediately.

b. You shall return all confidential information and cease use of any of the Marks and Marketing Materials (including deleting and purging the same from your computer systems).

8.6 Clauses 7, 9, 10, 11 and 12.6 and such other provisions as are necessary for the interpretation or enforcement of these Terms & Conditions after termination, shall survive any termination or expiry of these Terms & Conditions.

8.7 You are not entitled to receive any Referrer Accruals after these Terms and Conditions are terminated.

Warranties

9.1 You warrant and undertake that:

9.1.1 You have independently evaluated the desirability of promoting the Sites and Services by using the Refer a Friend-Program.

9.1.2 You have independently evaluated the laws that apply to your activities and believe that you may participate in the Refer a Friend-Program without violating any rules or laws applicable to you.

9.2 You shall not use any device, robot, spider, software, routine or other method (or anything in the nature of the foregoing) to interfere or attempt to interfere with the proper functioning of the Services and/or Site(s), information or any transactions offered at the foregoing.

Indemnity

You shall defend, indemnify and hold us and our shareholders, directors, officers, employees, agents and representatives, agents, successors and assigns harmless from and against any and all liabilities, losses, damages and costs, including attorney’s fees and costs, resulting from, arising out of, or in any way connected with (a) any breach by you of any warranty, representation or undertaking by you contained in these Terms & Conditions; (b) the performance of your duties and obligations under this Terms & Conditions; (c) the negligence in performing your duties and obligations under these Terms & Conditions; (d) fraud traffic attributable to you or the Advertised Member; or (e) any injury directly or indirectly caused by your negligence or intentional acts or omissions or the unauthorized use of the Refer a Friend-Program, Sites, Services, Marks or Marketing Materials.

Disclaimers and Limitation of Liability

11.1 WE MAKE NO WARRANTIES OR REPRESENTATIONS (WHETHER EXPRESS OR IMPLIED BY LAW, STATUTE OR OTHERWISE) WITH RESPECT TO THE REFER A FRIEND-PROGRAM, ADVERTISEMENTS OR PLACEMENTS OF ADVERTISEMENTS FOR OUR SITES THROUGH YOU ON ADVERTISING MEDIUMS, OUR SITES, ANY CONTENT, PRODUCTS OR SERVICES AVAILABLE THEREIN OR RELATED THERETO OR THAT OUR SITES, SYSTEM, NETWORK, SOFTWARE OR HARDWARE (OR THAT PROVIDED TO US BY THIRD PARTIES) WILL BE ERROR-FREE OR UNINTERRUPTED OR WITH RESPECT TO THE QUALITY, MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR SUITABILITY OF ALL OR ANY OF THE FOREGOING. EXCEPT AS EXPRESSLY STATED OTHERWISE IN THESE TERMS & CONDITIONS, ALL WARRANTIES, REPRESENTATIONS AND IMPLIED TERMS AND CONDITIONS ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. FURTHERMORE, NEITHER WE NOR OUR PROVIDERS OR UNDERLYING VENDORS ARE REQUIRED TO MAINTAIN REDUNDANT SYSTEM(S), NETWORK, SOFTWARE OR HARDWARE.

11.2 We may, in our sole discretion, use any available means to block, restrict, remove or discount certain Advertised Members referred by you, or reject the applications of potential Members referred by you to reduce the number of fraudulent, unprofitable transactions for any reason. We do not guarantee, represent or warrant the consistent application and/or success of any fraud prevention.

11.3 Our obligations under these Terms & Conditions do not constitute personal obligations of the owners, directors, officers, advisers, agents, representatives, employees, vendors or suppliers of the Site or Services other than as provided under these Terms & Conditions. Other than as expressly provided in these Terms & Conditions, in no event will we be liable for any direct, indirect, special, incidental, consequential or punitive loss, injury or damage of any kind (regardless of whether we have been advised of the possibility of such loss) including any loss of business, revenue, profits or data. Our liability arising under these Terms & Conditions, whether in contract, tort (including negligence) or for breach of statutory duty or in any other way shall only be for direct damages and shall not exceed, in aggregate, the Referrer Accruals generated and credited to your Ethereum address in relation to the Site over the previous 12 months at the time that the event giving rise to the liability arose. However, nothing in these Terms & Conditions will operate to exclude or limit either party’s liability for death or personal injury arising as a result of that party’s negligence or for fraud.

Miscellaneous

12.1 All notices pertaining to these Terms & Conditions will be given by email address provided by you. Any notice sent by email shall be deemed received on the earlier of an acknowledgement being sent or twenty-four (24) hours from the time of transmission.

12.2 There is no relationship of exclusivity, partnership, joint venture, employment, agency or franchise between you or us under these Terms & Conditions. Neither party has the authority to bind the other (including the making of any representation or warranty, the assumption of any obligation or liability and/or the exercise of any right or power), except as expressly provided in these Terms & Conditions.

12.3 You understand that we may at any time -directly or indirectly-, enter into marketing terms with other Referrers on the same or different terms as those provided to you in these Terms & Conditions and that such Referrers may be similar, and even competitive, to you. You understand that we may re-direct traffic and users from any of the Sites to any other online site that we deem appropriate in our sole discretion, without any additional compensation to you.

12.4 Except where you have received our prior written consent, you may not assign at law or in equity (including by way of a charge or declaration of trust), sub-license or deal in any other manner with these Terms & Conditions or any rights under these Terms & Conditions, or sub-contract any or all of your obligations under these Terms & Conditions. Any purported assignment in breach of this clause shall confer no rights on the purported assignee.

12.5 These Terms & Conditions (including any variation or modification thereto) shall be governed by and construed in accordance with the laws of Gibraltar. You irrevocably agree to submit to the exclusive jurisdiction of the courts of Gibraltar for the settlement of any claim, dispute or matter arising out of or concerning these Terms & Conditions or its enforceability and you waive any objection to proceedings in such courts on the grounds of venue or on the grounds that proceedings have been brought in an inconvenient forum.

12.6 Whenever possible, each provision of these Terms & Conditions will be interpreted in such a manner as to be effective and valid under applicable law but, if any provision of these Terms & Conditions is held to be invalid, illegal or unenforceable in any respect, such provision will be ineffective only to the extent of such invalidity, or unenforceability, without invalidating the remainder of these Terms & Conditions or any other provision hereof.

12.7 These Terms & Conditions embodies the complete agreement and understanding of the parties hereto with respect to the subject matter hereof and supersedes any prior agreement or understanding between the parties in relation to such subject matter. Unless approved by our internal legal processes, no modifications, additions, deletions or interlineations of these Terms & Conditions are permitted or will be recognised by us. None of our employees or agents has any authority to make or to agree to any alterations or modifications to these Terms & Conditions or its terms.

12.8 Our failure to enforce your strict performance of any provision of these Terms & Conditions will not constitute a waiver of our right to subsequently enforce such provision or any other provision of these Terms & Conditions.

12.9 Our rights and remedies hereunder shall not be mutually exclusive, that is to say that the exercise of one or more of the provisions of these Terms & Conditions shall not preclude the exercise of any other provision. You acknowledge, confirm, and agree that damages may be inadequate for a breach or a threatened breach of these Terms & Conditions and, in the event of a breach or threatened breach of any provision of these Terms & Conditions, we may seek enforcement or compliance by specific performance, injunction, or other equitable remedy. Nothing contained in these Terms & Conditions shall limit or affect any of our rights at law, or otherwise, for a breach or threatened breach of any provision of these Terms & Conditions, its being the intention of this provision to make clear that our rights shall be enforceable in equity as well as at law or otherwise.