The SMM Distributors, LLC (DBA Biocide Systems) ("Sponsor") Friends and Family Rewards program (the “Program”) allows you to encourage friends, family, and colleagues ("Friends") to buy one Biocide Systems single-use product at a 20% discount (the "Promotion"). By participating in the Program, you acknowledge that you have read, understood, and agree to be bound by these Program Rules.
1. Eligibility. To participate in this Program, you must be a natural (individual) person, 18 years of age or older, and a legal resident of the United States or Canada.
2. Persons Who May Be Referred. You may only refer this Promotion to individuals with whom you have a personal or business relationship and whom you believe would like to receive the Promotion. Without limiting the generality of the foregoing, you should not forward this Promotion to: i) group email addresses, ii) email mailing lists, iii) existing SMM Distributors, LLC or Biocide Systems customers, or iv) yourself.
3. Referrals. You may refer as many Friends as you would like. To refer a friend , you should forward the email that you have received from Sponsor to the Friend, ensuring that the promotion code provided in the email remains intact.
4. Promotion Sent to Friends. Sponsor will, if Sponsor determines in its sole discretion that you have complied with these Program Rules, send on your behalf an email to each Friend that you refer. Sponsor may change the end date from time to time at its sole discretion. Each email that is sent under this Program will contain the Promotion (or such other special offer that Sponsor determines at its sole discretion from time to time).
5. Awards Sent to You. For every three (3) of your Friends that participates in the Promotion under this Program (this means each of your Friend buys at least one single-use product using your Promotion Code, or otherwise buys products with a total retail value for the purchase of at least $20.00 and uses your Promotion Code at checkout), Sponsor will send you a discount coupon (the “Award”) good for your choice of one (1) single-use RoomShocker or AutoSHOCKER product, retail value not to exceed $24.95. All unused Awards will automatically expire if not used by June 30, 2010. Sponsor may, at its sole discretion, change the Award to something of approximately the same value. A Friend will only be deemed to have participated in the Promotion for the purposes of these Program Rules at the time that he or she has purchased at least one Biocide Systems product from the BiocideSystems.com website using the Promotion Code that Sponsor has provided to you, PRIOR to or on December 31, 2009 (the Program’s “Termination Date”). Each Friend counts as only one (1) participation regardless of how much product they buy using the Promotion Code. If your Friend returns or cancels the purchase for any reason, then the purchase does not qualify under this Program. There is no maximum on the amount of awards you may receive. All Awards will be sent to you via email and no later than sixty days after the Program Termination Date.
6. Remedies for Your Noncompliance. If Sponsor determines at its sole discretion that you have not complied with these Program Rules, it may immediately and without notice to you, withdraw all benefits to you and your Friends under this Program (including, without limitation, canceling or declining to apply to your account, any and all Awards or Promotions issued or to be issued to you and to any of your Friends in connection with this Program).
7. Your Consent to Use Your Data in Emails. You grant the Sponsor your consent for it to use your name and email address for the purposes of sending an email to your Friends. You agree not to use any false email addresses, mailing addresses, or names for this Program.
8. Your Representations and Warranties to Us. You represent and warrant to Sponsor that you have an existing business or personal relationship with each Friend and that it is your genuine opinion that each Friend would wish to receive the Promotion from Sponsor. By providing us with the names and email addresses of your Friends, you are affirmatively requesting and authorizing the Sponsor to send them an email, as outlined herein, on your behalf.
9. Promotion Rules. Each Promotion issued under this Program is issued subject to the Promotion terms and conditions including GENERAL RESTRICTIONS OF THE PROMOTION INCLUDING TERMINATION DATE.
10. Limitation of Liability for Sponsor. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER THE SPONSOR NOR ANY OF ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR OTHER REPRESENTATIVES WILL BE LIABLE FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS PROGRAM. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION) COMPENSATORY, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; AND CLAIMS OF THIRD PARTIES.
11. Entire Agreement. These Program Rules represent the entire agreement between you and Sponsor with respect to the Program.
12. Variation of the Program Rules. These Program Rules may be amended or modified by Sponsor at its sole discretion at any time. Any such amendments will be posted to this page, and it is your responsibility to review this page from time to time for such amendments.
13. Personal Information. Sponsor may use third party service providers for any or all parts of administering this Program. These third parties may use your personal information and the personal information of your Friends to administer this Program. Sponsor and third parties may use aggregated data (data that can not be used to personally identify a user including name and email address for any purpose.)
14. Currency and Times. All amounts stated in these Program Rules are in U.S. dollars, and times and dates are based on Pacific Standard Time.
15. Severance. If any provision of these Program Rules is held to be invalid, such invalidity will not affect the remaining provisions.
16. Governing Law. These Program Rules will be interpreted, construed, and enforced in all respects in accordance with the laws of the State of California, without giving effect to any principles of conflicts of laws. You hereby irrevocably consent and submit to the nonexclusive personal jurisdiction of the state and federal courts within Los Angeles California, for the purposes of litigating any such action.