SIMFORT Referral Program Terms and Conditions

Last Updated: December 2, 2020

Seiseidou America, Inc., dba SIMFORT (“SIMFORT”, “we”, “us”, “our”) offers our customers, users of our website, and other brand supporters (“Referrer” or “you”) the opportunity to earn referral rewards (“Referral Rewards”) towards SIMFORT purchases by referring friends, family, and colleagues. To participate in the SIMFORT Referral Program (the “Program”), you must agree to these Terms and Conditions, which become part of the Seiseidou America, Inc. Terms of Use (“Terms of Use”). Capitalized terms that are not defined here will have the same meaning given to them in our Terms of Use. By participating in the Program, Referrers agree to use the Program in the manner specified in these Terms and Conditions. If you do not agree to these Terms and Conditions in their entirety, you are not authorized to register as a Referrer or to participate in the Program in any other manner. Referrers may not participate in the Program where doing so would be prohibited by any applicable law or regulations. The Program is enabled through technology provided by Friendbuy, Inc., a Delaware corporation (“Platform Provider”).

1. How the Program Works

b. Eligibility. To be eligible to participate in the Program as a Referrer, you must be a natural person, at least 18 years old, and legally permitted to provide the personal information (e.g., name and email address) of each Referred Customer. Employees of SIMFORT, or their subsidiaries, affiliates, or promotional agencies, including immediate family and household members, are not eligible to participate in the Program.

c. Referral Rewards. Referrers can earn Referral Rewards if a Referred Customer (i) clicks on that Referrer’s referral link to register and create a valid SIMFORT account on our Website that complies with our Terms of Use (each, a “Qualified Referral”); and (ii) completes a Qualifying Purchase (as defined below). SIMFORT, in its sole discretion, has the right to determine whether or not you have made a Qualified Referral based on these Terms and Conditions. Referral Rewards are earned as the result of Qualified Referrals and Qualifying Purchases only.

For each valid and verified Qualified Referral generated by the Referrer, and after completion of the Referred Customer’s Qualifying Purchase, the Referrer will receive one (1) Referral Reward, which is equivalent to one (1) discount code for 30% off a shipment in an existing subscription. Only one (1) Referral Reward may be used per shipment, starting from your second shipment on a valid subscription. For purposes of clarification, a Referrer who does not already have an existing SIMFORT subscription must first purchase a subscription; the discount can then be applied towards the second shipment of the subscription. Referrers with multiple Referral Rewards may enter all discount codes at once on their account page, and each Referral Reward will be automatically applied as follows: 30% off your second shipment, 30% off your third shipment, 30% off your fourth shipment, etc. Each Referral Reward may only be used once. Referral Rewards are non-transferable, are not redeemable for cash, and are subject to change without notice at SIMFORT’s sole discretion.

To use a Referral Reward, enter the discount code(s) on your SIMFORT account page under “Add a Discount”. Referral Rewards are subject to verification, and SIMFORT may delay a Referral Reward for purposes of investigation. All of SIMFORT’s decisions are final and binding, including decisions as to whether a Qualified Referral or Referral Reward is verified.

d. Qualifying Purchases. A Qualifying Purchase is a purchase made by a Referred Customer of a SIMFORT subscription on our Website. A one-time purchase of a SIMFORT product from our Website (as opposed to a subscription) does not meet the requirements of a Qualifying Purchase.

e. Sharing Referral Links. The Program may only be used for personal and non-commercial purposes. Referral links should not be published or distributed on commercial websites (such as coupon websites, Reddit, Wikipedia, etc.) or on blogs. Referrers 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. Referrers are prohibited from paying to advertise their referral links. Any distribution of your 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 your account and exclusion from the Program.

f. Multiple Referrals. A Referred Customer may only use one (1) referral link. If a Referred Customer receives referral links from multiple Referrers, only the Referrer associated with the referral link actually used by the Referred Customer will receive a Referral Reward. The Program may not be combined with other SIMFORT referral programs or incentives.

g. Referred Customer Rewards. Each Referred Customer who is deemed a Qualified Referral by signing up using a valid referral link will also receive a reward in the form of a one-time use discount code for $5.00 off the first shipment of any SIMFORT subscription, which may only be used on our Website (each, a “Referred Customer Reward”). Referred Customer Rewards may not be used towards one-time purchases on our Website. To use a Referred Customer Reward, enter the discount code on the checkout page when purchasing a SIMFORT subscription on our Website. Referred Customer Rewards may not be transferred to another person, exchanged for cash, or combined with other SIMFORT referral programs or incentives. SIMFORT reserves the right to any remedy, including cancellation of your account, if fraud, tampering, violations of these Terms and Conditions or our Terms of Use, or technical errors are suspected.

2. Privacy

The personal information of each Referrer and Referred Customer will be collected, processed, and used in accordance with SIMFORT's Privacy Policy and Platform Provider’s Privacy Policy. In addition to the initial communications to Referred Customers, personal information may be used by SIMFORT or Platform Provider, on SIMFORT’s behalf, to send additional follow-up communications on behalf of the Referrers in order to encourage or remind the Referred Customer to complete a purchase. The personal information may also be used by SIMFORT to contact Referrers regarding their participation in the Program and to send additional communications from SIMFORT.

3. Limitation of Liability; Indemnification

By participating in the Program, Referrers agree to (i) be bound by these Terms and Conditions, the decisions of SIMFORT and its designees, SIMFORT’s Terms of Use and Privacy Policy, and Platform Provider’s Privacy Policy; and (ii) defend, indemnify, release, and hold harmless SIMFORT, its parent companies, affiliates, and subsidiaries, together with their respective employees, directors, officers, licensees, licensors, shareholders, attorneys, and agents including, without limitation, their respective advertising and promotion entities and any person or entity associated with the production, operation, or administration of the Program, including Platform Provider (collectively, the "Released Parties"), from any and all claims, actions, demands, damages, losses, liabilities, costs or expenses caused by, arising out of, in connection with, or related to Referrers’ participation in the Program (including, without limitation, any property loss, damage, personal injury, or death caused to any person(s) and/or the awarding, receipt, and/or use or misuse of the Program or any Referral Reward of Referred Customer Reward.

SIMFORT shall not be liable for (i) late, lost, delayed, stolen, misdirected, incomplete, unreadable, inaccurate, unreliable, garbled or unintelligible entries, communications or affidavits, regardless of the method of transmission; (ii) computer hardware, software, or other technical or computer malfunctions, lost connections, disconnections, delays, or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to, or alteration of entry or other materials; (iv) any printing, typographical, administrative, or technological errors in any websites or materials associated with the Program; (v) claims, demands, and damages in disputes among Referrers or between Referrers and Referred Customers; or (vi) any other injuries, losses, or damages of any kind resulting from acceptance, possession, or use of a Referral Reward or a Referred Customer Reward, or from participation in the Program, that were not reasonably foreseeable to SIMFORT at the relevant time.

AS A CONDITION OF ENTERING THE PROGRAM, AND UNLESS PROHIBITED BY LAW, REFERRERS AND REFERRED CUSTOMERS AGREE THAT UNDER NO CIRCUMSTANCES WILL THEY BE ENTITLED TO ANY AWARDS FOR ANY LOSSES OR DAMAGES, AND REFERRERS AND REFERRED CUSTOMERS HEREBY WAIVE ALL RIGHTS TO CLAIM PUNITIVE, INCIDENTAL, CONSEQUENTIAL, AND ANY OTHER DAMAGES, AND WAIVE ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. A WAIVER OF RIGHTS MAY NOT APPLY TO YOU IN YOUR JURISDICTION OF RESIDENCE. ADDITIONAL RIGHTS MAY BE AVAILABLE TO YOU.

4. Applicable Law

Except where prohibited, disputes, claims, and causes of action arising out of or related to this Program or any Referral Reward or Referred Customer Reward shall be resolved under the laws of the United States, and except where prohibited, California law (without reference to its conflicts of laws principles). Referrers and Referred Customers agree to submit any dispute to the exclusive jurisdiction of the state and federal courts located in Los Angeles County, California.

5. Severability

If any provision in these Terms and Conditions are held to be invalid, void, or unenforceable, such provision (or the part of it that is making it invalid, void or unenforceable) will be struck and not affect the validity of and enforceability of the remaining provisions.

6. Termination and Changes

SIMFORT may suspend or terminate the Program, or a user’s ability to participate in it, at any time for any reason. We reserve the right to disqualify any Referrers from participation in the Program at any time at our sole discretion, including without limitation if he or she does not comply with any of these Terms and Conditions or otherwise fails to comply with any applicable laws (including, without limitation, through any failure to include any disclosures as required by the FTC or otherwise required by SIMFORT).

We reserve the right to suspend accounts or invalidate Referral Rewards if we notice any activity that we believe is abusive, suspicious, in violation of these Terms and Conditions or our Terms of Use, or believe will impose potential liability on SIMFORT, its subsidiaries, affiliates, or any of their respective officers, directors, employees, representatives, and agents. We reserve the right to review and investigate all referral activities and to suspend accounts or modify referrals in our sole discretion as deemed fair and appropriate.

7. Updates to Terms and Conditions

SIMFORT reserves the right to modify, limit, terminate, discontinue, or cancel the Program or to change these Terms and Conditions at any time, in its sole discretion, without prior notice. If we modify these terms, we will post the modification on our website or applications, which are effective upon posting. Continued participation in the Program after any modification shall constitute consent to such modification. We will also revise the “Last Updated” date found at the beginning of these Terms and Conditions when we post changes to it. You agree to review these Terms and Conditions periodically to be aware of any revisions. You agree that, by continuing to participate in the Program following notice of any revision, you shall abide by any such revision. These Terms and Conditions were last modified as of the date “Last Updated”, above.