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Updated May 18, 2023
Thank you for your interest in the SmartPass Referral Program (the “Program”), which is governed by these Terms and Conditions (“Program Terms and Conditions”). Please read them carefully.
Any reference in these Program Terms and Conditions to “SmartPass”, “us”, “our” or “we”, shall refer to SmartPass Inc. Any reference to the “Services” shall refer to the products and services and any other features, and functionalities offered by us on our website at SmartPass.com or through any other means (including our mobile application). Any reference to “you” or “your” shall refer to the user or person using the SmartPass Services or registering for or participating in the Program.
ABOUT SMARTPASS
The Program is run by SmartPass Inc., a Delaware corporation and provider of a platform designed to manage student hall passes.
YOUR AGREEMENT
These Program Terms and Conditions are a binding contract between you and SmartPass. By applying for or participating in the Program, you acknowledge that you have read and understood these Program Terms and Conditions, agree to be legally bound by them, and consent to the collection and use of your information as described below and in accordance with our Privacy Policy (see https://www.smartpass.app/privacy). You additionally represent that you (i) are at least 18 years of age; (ii) are a legal resident of the United States; (iii) may competently enter into a legally binding contract, (iv) and may lawfully participate in and earn rewards as a part of this Program. You must not participate in the Program where doing so would be prohibited by any applicable law or regulation.
These Program Terms and Conditions are supplementary to and should be read in conjunction with the SmartPass Terms of Use (see www.smartpass.app/terms) and Privacy Policy governing the availability and use of the Services. Your application for and participation in the Program subjects you to the SmartPass Terms of Use in its entirety.
You are responsible for regularly reviewing the Program Terms and Conditions as well as the SmartPass Terms of Use and Privacy Policy, which are available online via the SmartPass website and app.
PROGRAM OVERVIEW
The Program offers SmartPass registered customers (“User” or “Users”) the opportunity to earn rewards (“Rewards”) by successfully referring schools, school districts, or related entities or organizations that are not actual or contemplated customers of SmartPass (“Potential Customer”) to purchase our paid Services.
SmartPass reserves the right to modify or terminate the Program at any time for any reason. Any changes to the Program will be posted on this website: www.smartpass.app/referral-program-terms.
We reserve the right to disqualify any User or Referred Customer at any time from participation in the Program if such User or Referred Customer does not comply with any of these Terms and Conditions and/or with respect to a User, any other terms and conditions for other SmartPass Services that apply to such User.
APPLYING FOR THE PROGRAM
To participate in the Program, you must access the “Refer a friend” button within your SmartPass mobile application or on our website and follow the on-screen instructions to apply for the Program. As part of your application for the Program, you may be required to provide personal information, such as your name and email address.
By submitting an application for the Program, you represent and warrant that the information that you submit is true, complete, and accurate. Failure to submit a complete application or the submission of information that is erroneous, misleading, or fraudulent may result in the rejection of your application or your disqualification from participating in the Program, as well as other consequences. You may not at any time misuse or exploit the Program, and accordingly may not, for example, create multiple or fake accounts under his/her/its name or participate in the Program using multiple or fake email addresses or identities.
REFERRING POTENTIAL CUSTOMERS
If your application for the Program is accepted, you will be provided a unique link (“Link”) through the SmartPass mobile application.
To refer a Potential Customer as part of the Program, simply provide your exact and unique Link to the Potential Customer (“Referral”). It is your responsibility to communicate precisely the Link as received, without any typos or other mistakes.
Potential Customers are only those schools, school districts, or related entities or organizations that are not actual or contemplated customers of SmartPass at the time of your Referral. A school, school district, or related entity or organization that has had a demonstration with us or been in communication with us regarding our Services in the six months preceding your Referral may not be Potential Customers under the Program.
If the Potential Customer properly uses your Link to (i) participate in a demonstration with us for the use of our Services and (ii) purchases SmartPass’s paid Services, then your Referral is a “Qualifying Referral” that, subject to these Program Terms and Conditions, deems you eligible to receive a Reward under the Program.
We are not responsible for a Potential Customer’s failure to use your Link, or failure enter your Link as provided to them, in which case you may become ineligible to receive any Reward related to such Referral.
REWARDS
Our current Reward is an Amazon gift card in the amount of $100.00 for every Qualifying Referral that you make. At times, we may include additional Rewards in our Program as displaying on our mobile application, such as SmartPass swag after a certain number of Qualifying Referrals. Currently, there are no lower or upper limits to Qualifying Referrals for which you may earn Rewards under the Program.
In the event that multiple Users make a Referral to a single Potential Customer that results in a Qualifying Referral, only the first User to make the Referral shall be entitled to receive a Reward, as determined by us in our sole discretion. SmartPass will not pay or give Rewards to more than one User for every Potential Customer that results in a Qualifying Referral.
We reserve the right to modify or amend at any time the methods through which Rewards may be earned, the amount or substance of Rewards, and any other applicable conditions or terms to the earning of Rewards.
To process Rewards that are gift cards or other rewards, we use the third-party administrators, Referral Rock, Inc. and Tango Card Inc. (collectively “Vendors”). If you become eligible to receive a Reward under the Program, you must closely follow the instructions that we subsequently send you to provide your personal details to redeem the Reward the Vendor(s). By submitting information through the Vendors and receiving your Reward, you agree to be subject to the terms and conditions of each Vendor’s services, which may be found here: https://referralrock.com/tos/ and https://www.tangocard.com/legal/terms-of-service. A failure to provide complete or accurate information,, disqualifies you from earning a Reward. Your failure to submit your personal details or otherwise claim your Reward within 90 days may result in the loss of your Reward.
Rewards may be subject to verification by SmartPass in its sole discretion and the discretion of our Vendors. SmartPass may withhold a Reward for investigation, or refuse to process any transaction it deems fraudulent, suspicious, or in violation of these Program Terms and Conditions, or if SmartPass believes it will impose an undue liability on it, its subsidiaries, affiliates or any of their respective officers, directors, employees, representatives and agents. All of SmartPass’s decisions are final and binding, including decisions as to whether a Qualifying Referral is valid.
NO ADVERTISING
You may not use any paid advertisement to promote the SmartPass Services or the Program, including but not limited to, digital ads bidding (PPC, social media), paid search marketing, advertisements (banners), affiliate networks, paid email campaigns and other similar methods. You may not use illegal or otherwise objectionable content in connection with any communications relating to the Program; SmartPass or our customers, contractors, and affiliates; or any Referral or Potential Customer.
PROHIBITED USES OF SMARTPASS’S NAME, TRADEMARKS, AND OTHER INTELLECTUAL PROPERTY
Other than as specifically set forth in these Program Terms and Conditions, you may not use the SmartPass name, marks, or logos at any time for any reason. Nothing herein is a license of any intellectual property right belonging to SmartPass.
TAX RESPONSIBILITIES
You are solely responsible for the accurate reporting of any Rewards earned under the Program to your local, federal, and other applicable tax authorities. You are also solely responsible for the payment of any tax obligations incurred as a result of your participation in the Program. SmartPass will report all Rewards earned under the Program as required by applicable laws and explicitly disclaims any and all liabilities that may arise based on applicable tax laws as a result of your participation in the Program.
PRIVACY; USE OF YOUR INFORMATION
You acknowledge that by applying for or participating in the Program, you may be required to submit to SmartPass certain personal information about you such as your name and e-mail address, and additional information reasonably requested by SmartPass. Personal information submitted to us through the Program will be collected, processed, and used in accordance with our Privacy Policy (see www.smartpass.app/privacy).
You understand and agree that we may use the information you submit to us as part of the Program to contact you regarding the Program, SmartPass, or our Services.
You may notify SmartPass if you are not interested in receiving communications from SmartPass and/or do not wish to participate in the Program by clicking “unsubscribe” in a communication you receive via the Refer a Friend Program.
INDEMNIFICATION
By applying for and participating in the Program, you agree to release and hold harmless SmartPass and its respective affiliates and subsidiaries from any claim, demand, damage, loss, liabilities, costs or expenses (including legal fees, fines or penalties) caused by, arising out of, in connection with, or related to their breach of any applicable law or regulation and/or participation in the Program. This provision shall survive termination of the relationship between you and SmartPass.
LIMITATION OF LIABILITY
SmartPass and its respective affiliates and subsidiaries shall not be liable for any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to personal injury, pain and suffering, emotional distress, or loss of revenue, profits, goodwill or data, whether caused by tort (including negligence), breach of contract or otherwise, even if we knew or should have known of the possibility of such damages, arising out of or in connection with (i) your application for or participation in the Program and any associated content, product, or services, (ii) your interaction with any third party through or in connection with the Program, including other Users and Potential Customers, (iii) any information offered or provided within or through the Program, or (iv) any other matter relating to the Program. In no event shall SmartPass, its affiliates, licensors or service providers, or our respective employees, contractors, officers, directors and agents be liable to you in the aggregate (for all potential claims by you) for any damages incurred in excess of one hundred dollars ($100).
PROHIBITED USE OF THE PROGRAM
Participants agree not to use the Program to:
All communications regarding the Program, including communications providing the Link to another, must be created and distributed in a personal manner that is appropriate and customary for communications with friends, colleagues and business acquaintances. Bulk email distribution, distribution to strangers, or any other promotion of a Link in a manner that would constitute or appear to constitute unsolicited commercial email or “spam” in SmartPass’s sole discretion is expressly prohibited.
SmartPass may prohibit a Participant from participating in the Program or receiving a Reward, in its sole discretion, if it determines that such Participant is attempting to undermine the fairness, integrity or legitimate operation of the Program in any way, such as by cheating, hacking, deception, or any other unfair playing practices of intending to annoy, abuse, threaten or harass any other users or representatives of SmartPass.
SmartPass reserves the right to disqualify any Participant and/or cancel any Reward(s) it finds to be tampering with the entry process or the operation of the Program or violating these Terms and Conditions.
CUSTOMER SUPPORT
To contact us regarding the Program, please email us at [email protected].
MISCELLANEOUS
The Program is operated by SmartPass Inc. from the United States. These Terms and Conditions shall be governed by and interpreted in accordance with the laws of the State of Pennsylvania in the United States of America for operation of the services by SmartPass Inc.
Any disputes, controversies or claims arising out of or in connection with these Program Terms and Conditions or otherwise in connection the Program shall be brought exclusively in the courts of the State of Pennsylvania (except where prohibited by US law) who shall have exclusive jurisdiction in relation to same.
If any part of these Program Terms and Conditions is found by a court of competent jurisdiction to be invalid, unlawful or unenforceable then such part shall be severed from the remainder of the Program Terms and Conditions, which shall continue to be valid and enforceable to the fullest extent permitted by law.
SmartPass’s failure to enforce any term of these Program Terms and Conditions shall not constitute a waiver thereof.
SmartPass reserves the right to make changes or additions to these Program Terms and Conditions for any reason at any time. SmartPass reserves the right to cancel or suspend this Program should it determine, in its sole discretion, that the administration, security or fairness of this Program has been compromised in any way.
