Referral Program Terms and Conditions

visible Service, LLC (“We” or “visible”) may, from time to time, offer incentives for visible members to refer others to the visible phone service (“Service”) subject to the terms and conditions set forth below (the “Program”).

A “Referer” is an existing visible member customer who recommends other individuals who are not visible members at the time of the referral (or “Friends”) who might be interested in the Service (each a “Referral”). Both Referers and Friends (together, “Participants”) are bound by these Terms and Conditions when they participate in the referral process, except where doing so would be prohibited by any applicable laws or regulations.

We reserve the right to change or add to these Terms and Conditions at any time, as well as the methods through which Rewards are earned; to disqualify any Participant at any time from participation in the Program if he/she does not comply with any of these Terms and Conditions; and to terminate the Program at any time for any reason.

Privacy. Participants who are referred by existing visible members must submit to visible information, such as email address. Information provided will be used to contact the Participant and otherwise in accordance with the visible Privacy Policy, available at https://www.visible.com/privacy

How the Program Works. visible members will receive an email from visible with a link to sign up for the Referral Program, or may access the Referral Program page after they log into their visible account online at https://www.visible.com or via the visible app. After the Referer signs up, he or she may invite Friends to become visible members by using the processes outlined on Referral Program page online or section in the app. In order for both the Referer and any Friend who signs up to become a visible member to receive referral rewards through the methods specified on the Referral Program page. If a Friend signs up for visible service and meets the requirements in the eligibility sections below, it will result in a Qualified Referral.

Participant Eligibility

To be eligible to receive Referral Program Rewards, a Referer must:

Be an existing member of visible;
Refer Friends who have not previously activated visible service by using the referral link [or code] provided to them via the Referral Program;
You can refer your friends as many times as you like, but only one referral credit can be applied per billing cycle with a maximum of 12 credits stored at any one time.

Referred Friends must sign up for visible service by using the link [or code] provided by the Referer. Employees of visible Service, LLC or any of their subsidiaries, affiliates or promotional agencies, including immediate family and household members, are not eligible.

Qualified Referrals

A Qualified Referral must meet all of the following conditions:

The referred Friend does not have a visible account and visible service under any email address or alias;
The referred Friend signs up for a visible account and visible service either online or via the visible application using the invite code provided by the Referer.
visible retains discretion on the type and amount of Rewards that a Referer may earn as well as any benefit provided to referred Friends through this Referral Program.

Verified Qualified Referrals

Rewards are subject to verification. visible may delay a Reward for the purposes of investigation. It may also refuse to verify and process any transaction visible deems, in its sole discretion, to be fraudulent, suspicious, in violation of these Terms and Conditions, or believes will impose potential liability on visible, its subsidiaries, affiliates or any of their respective officers, directors, employees, representatives and agents.

All of visible’s decisions are final and binding, including (but not exclusively) decisions as to Qualified Referrals, Rewards, or any other aspects of the Referral Program.

Costs and Expenses

All of the expenses and costs that both the Referer and the Friend incur in connection with efforts to obtain Qualified Referrals will be entirely the Referer or Friend’s responsibility.

Content Ownership and Use.

The online platform and the Program contain contents that include: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other content (collectively, “Content”). As between the program participants and visible, all Content is the property of visible or its licensors and is protected under copyright, trademark, and other laws. The compilation (meaning the collection, arrangement, and assembly) of all Content on the online platform or Program is the exclusive property of the Company and is protected by copyright, trademark, and other laws. visible authorizes you, subject to these Terms and Conditions, to access and use the online platform and visible application, Program, and the Content solely for your personal, non-commercial use. This license is revocable at any time without notice and with or without cause. Unauthorized use of the Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original Content on any copy you make of it.

Trademarks

The registered or unregistered logos, product and service names are or may be trademarks of visible or its licensors (the “Marks”). You agree not to display or use these Marks in any manner without visible’s prior written permission or as otherwise communicated to you by visible.

Liability

By participating in the Program, the Referer and any referred Friend agree to:

Be bound by these Rules, the visible Terms of Service, the decisions of visible and its designees, the visible Privacy Policy, and any other applicable visible member policies
Defend, indemnify, release and hold harmless visible, and its respective parent companies, affiliates subsidiaries, and third party service providers, 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 (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 their 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 Reward, save to the extent the same cannot be excluded or limited by applicable laws); and
Be contacted by visible via e-mail regarding the Program.

visible shall not be liable for:

Late, lost, delayed, stolen, misdirected, incomplete, unreadable, inaccurate, unreliable, garbled or unintelligible entries, regardless of the method of transmission;
Telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors;
Data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials;
Any injuries, losses or damages of any kind resulting from acceptance, possession or use of a Reward, or from participation in the Program, that were not reasonably foreseeable to visible at the relevant time;
Any printing, typographical, administrative or technological errors in any websites or materials associated with the Program; or
Claims, demands, and damages in disputes among Participants of the Program.

visible shall not be liable to any Participants for failure to supply any Reward or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, unexpected circumstances, or any other similar or dissimilar cause beyond any of the Released Parties’ control.

Visble reserves the right to cancel or suspend the Program should it determine, in its sole discretion, that the administration, security or fairness of the Program has been compromised in any way.

Disclaimer of Warranties

PARTICIPANTS EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR PARTICIPATION IN THE PROGRAM IS AT YOUR SOLE RISK AND THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS AND TERMS (COLLECTIVELY, "PROMISES") OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR CUSTOM. AND (B) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PROGRAM IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT visibleSHALL NOT BE LIABLE TO PARTICIPANT FOR ANY DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) PARTICIPATION IN OR THE INABILITY TO PARTICIPATE IN THE PROGRAM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ; OR (v) ANY OTHER MATTER RELATING TO THE PROGRAM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.

TO THE FULLEST EXTENT POSSIBLE BY LAW, THE MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM FOR visibleAND REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.

Publicity. Participation in the Program or acceptance of a Reward constitutes permission to visible to use any Participant’s first and last name, company name, profile information, statements, biographical information, and city and state address for any and all promotional or advertising purposes in connection with the Program, on a worldwide basis and in all forms of media without review, permission or further compensation of any amount or kind whatsoever, where permitted by law.

Conduct Restrictions

In connection with your participation in the Referral Program, you expressly agree to the restrictions listed below. When distributing, promoting or communicating your Referral Code(s) you agree to the following:

No spamming. You agree that you will not “spam” anyone with invitations to join the visible community, and that you at all times will remain compliant with CAN-SPAM, the TCPA, and other applicable laws. The following specific activities are prohibited:

- Mass emailing, texting or messaging people you do not personally know;
- Use of automated systems or bots through any channel to distribute, post or respond to your referral codes or links;
- Use of scripts, programmed or automatic dialers to send invites or to communicate referral codes or links; and
- Posting referral codes or links on event or venue pages without express permission from the owner.

No Misrepresentations. You agree that you will not attempt to mislead anyone in connection with the Referral Program, either by affirmative representation, implication, or omission. In particular, you agree that you will not:

Impersonate any person or entity or create fake accounts, blogs, webpages, profiles, websites, links or messages
Misrepresent your relationship with visible or any other third party
Suggest that an affiliation or partnership exists with a third party where none exists.
Make misrepresentations with respect to the characteristics or qualification requirements for any referral rewards.

Prohibited Content. You agree that you will not use the visible brand in connection with:

Disparaging or defamatory content concerning visible or third parties;
Content which promotes racism, bigotry, hatred, discrimination or physical harm of any kind against any group or individual;
Offensive, abusive, intimidating or harassing content
Content that is sexually explicit, obscene and/or contains nudity
Any political and/or religious statement;
Content containing images or reference to drugs, alcohol, tobacco, weapons or firearms
Content that violates someone else’s privacy

Other Restrictions: You also agree that you will not:

Create websites, domains, URLs, social media handles or email addresses containing the word “visible”;
Use the names or marks of visible competitors
Engage in phishing or attempting to obtain financial or other personal information
Solicit passwords or personally identifiable information
Sell your referral code or access to your Referral Program link. You agree that you will only distribute your visible Code free of charge only for promotional purposes. You may not sell, trade, or barter your visible Code under any circumstances. You may not pay or provide anything of value to an invited user beyond any referral credit or collateral supplied by visible.
Violate or infringe the rights of a third party.
Pay to advertise your visible Code or the Referral Program, including via Google, Facebook, Twitter, Bing and Craigslist.
Create printed materials other than those authorized by visible
Engage in fraudulent activity. You agree that you and your referrals will not defraud or abuse (or attempt to defraud or abuse) visible, the terms of the visible Referral Program, or any invited users.

Arbitration and Waiver of Jury Trial.

Participant and visible both agree to resolve disputes only by arbitration under the rules of the American Arbitration Association or in small claims court. Unless you and visible agree otherwise, the arbitration will take place in the County of the Participant’s visible account address. The Federal Arbitration Act applies to these Terms and Conditions and all Program disputes. This agreement doesn’t allow class or collective arbitration even if AAA procedures or rules would. The party seeking arbitration must first notify the other party of the dispute in writing at least 30 days in advance of initiating the arbitration by sending notice to visiblearbitrations@visible.com.

Participants also acknowledge and understand that, with respect to any dispute arising out of or relating to Participants’ use of the Service or this Agreement:

PARTICIPANTS ARE GIVING THEIR YOUR RIGHT TO HAVE A TRIAL BY JURY; and

PARTICIPANTS ARE GIVING UP THEIR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.

General Terms. These Terms and Conditions constitute the entire agreement between Participant and visible concerning Participant’s participation in the Program. The failure of visible to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms and Conditions remain in full force and effect. The section titles in these Terms and Conditions are for convenience only and have no legal or contractual effect. A person who is not a party to these Terms and Conditions shall have no right to enforce or receive the benefit of any of these Terms and Conditions.