Customer Referral Program

Terms and Conditions

H3R Performance, Inc. ("H3R" or “We”) offers brand supporters (“Advocate” or “You”) the opportunity to participate in its referral program (Program). We reserve the right to amend or terminate the Program at any time, for any reason. The Program is administered by H3R using the Referral Candy software platform.

Advocates are bound by these Terms and Conditions by participating in the Program. By participating in the Program, Advocates 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 an Advocate or to participate in the Program. Advocates also may not participate in the Program where doing so would be prohibited by any applicable law or regulations. We reserve the right to modify or amend at any time these Terms and Conditions and/or the methods through which rewards are earned.

We reserve the right to disqualify any Advocate from participation in the Program at any time at our sole discretion, including without limitation if he/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 H3R).

Children. No part of the program is directed to persons under the age of 18. IF YOU ARE UNDER 18 YEARS OF AGE, YOU MAY NOT USE, ACCESS OR PARTICIPATE IN THE PROGRAM.


I. HOW THE PROGRAM WORKS

A. Program Participation, Generally

To participate in the Program, Advocates should visit h3rperformance.com/pages/referral-program and follow the on-screen instructions to refer friends or colleagues to the program by entering your email and name for a direct referral link.

Individuals who receive a referral via an Advocate are "Friends" (or, singly, a “Friend”). An "Eligible" Advocate who is fully compliant with these Terms and Conditions may receive "Reward(s)" for every "Qualified Referral” (all terms in quotes to be understood as defined below).

By participating in the Program, an Advocate represents that he or she has her Friends’ prior consent to provide their contact information.

B. Eligible Advocate

To be "Eligible," an Advocate must:

  • Be a legal resident of the United States of America
  • Not previously have been terminated from the Program.


C. Making a Referral

An Advocate must register at h3rperformance.com/pages/referral-program to make a referral. No previous purchase is required (purchasers and non-purchasers alike are eligible). Once an Advocate refers a Friend, he/she will be provided with a confirmation email, and will be contacted if a Qualified Referral is made by the referred Friend within 30 days.

Advocates must respect the spirit of the Program by only referring real individuals who meet the requirements of these Terms and Conditions. Advocates cannot refer themselves. For example, an Advocate may not create multiple or fake accounts with H3R or participate in the Program using multiple or fake email addresses or identities.

D. Qualified Referrals

A “Qualified Referral” means that all the following conditions are met:

  • The Friend had not previously made a purchase with H3R under any email address or alias;
  • The Friend is a) a legal resident of the United States of America and b) at least 18 years old; and
  • Only one Qualified Referral can be earned for each Friend. Any additional or subsequent purchases made by a Friend will not be considered Qualified Referrals and thus not be entitled to the benefits of Qualified Referrals.

E. Earning Rewards

Advocates shall receive one (1) reward in the form and value determined by H3R for each verified Qualified Referral generated by Advocate.

Rewards may have no monetary value and, in some cases, may not be redeemed for cash. Rewards may be redeemed in various forms in H3R’s sole discretion, including, but not limited to in the form of a cash rewards via PayPal. Restrictions may apply. For example, if the Reward is in the form of a gift card, gift certificate or voucher, it may be subject to the issuer's terms and conditions.

F. Verified Qualified Referrals

Rewards are subject to verification. H3R may delay a Reward for the purposes of investigation. H3R may also refuse to verify and process any transaction H3R deems, in its sole discretion, to be fraudulent, suspicious, in violation of these Terms and Conditions, or believes will impose potential liability on H3R. All of H3R's decisions are final and binding, including decisions as to whether a Qualified Referral, or Reward is verified.

G. Transfer and Value of Credit and Rewards

Rewards are not transferable and may not be auctioned, traded, bartered or sold. Upon termination of the referral program or any portion thereof for any reason, any unredeemed Rewards that have not yet been delivered to Advocate may be forfeited.


II. PRIVACY.

Advocates may participate in the Program made available by H3R in order to refer their Friends to H3R as potential new H3R customers. To do this, Advocates must necessarily submit personal information about themselves, such as name and e-mail address information, so that H3R can communicate with them via email. The personal information will be collected, processed and used in accordance with H3R’s Privacy Statement, which can be found at h3rperformance.com/policies/privacy-policy. The personal information may also be used by H3R to contact Advocates with regards to their participation in the Program and to send to Advocates additional communications from H3R.


III. CONTENT OWNERSHIP AND USE.

A. H3R’s online platform and the Program contain content that includes: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other content (collectively, "Content"). As between Advocate and H3R, all Content is the property of H3R or its licensors and is protected under copyright, trademark, and other laws. The compilation (meaning the collection, arrangement, and assembly) of all Content on H3R’s online platform or the Program is the exclusive property of H3R and is protected by copyright, trademark, and other laws.

B. License to You

H3R authorizes you, subject to these terms, to access and use H3R’s online platform, the Program, and the Content solely for your personal, noncommercial 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.

C. Trademarks

The registered or unregistered logos, product and service names contained in H3R’s online platform or the Program are or may be trademarks of H3R or its licensors. Without H3R’s prior written permission, and except as solely enabled by any link as provided by H3R, you agree not to display or use in any manner.

D. User-Submitted Content

The registered or unregistered logos, product and service names contained in H3R’s online platform or the Program are or may be trademarks of H3R or its licensors. Without H3R’s prior written permission, and except as solely enabled by any link as provided by H3R, you agree not to display or use in any manner.


IV. LIABILITY

A. By participating in the Program, Advocates agree to:

  • Be bound by these Terms and Conditions, the decisions of H3R and its designees, and the Privacy Policy of H3R;
  • Defend, indemnify, release and hold harmless H3R, 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 (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 Advocates’ 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);

B. H3R shall not be liable for:

  • Late, lost, delayed, stolen, misdirected, incomplete, unreadable, inaccurate, unreliable, garbled or unintelligible entries, communications or affidavits, 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 printing, typographical, administrative or technological errors in any websites or materials associated with the referral program; or
  • Claims, demands, and damages in disputes among Advocates or between Advocates and Friends; or
  • Any other 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 H3R at the relevant time.

C. H3R disclaims any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with the Program, and reserves the right, in its sole discretion, to cancel, modify or suspend the Program should a virus, bug, computer problem, unauthorized intervention or other cause beyond H3R’s control corrupt the administration, security or proper operation of the Program.

D. H3R shall not be liable to any Advocate for failure to supply any Reward or any part thereof, by reason of any acts of Gods, any action(s), regulation(s), order(s) or request(s) by any governmental agency or any other similar or dissimilar cause beyond any of the released parties' control.

E. H3R reserves the right to cancel or suspend the Program should H3R determine, in its sole discretion, that the administration, security or fairness of the Program has been compromised in any way.

F. Disclaimer of Warranties ADVOCATES EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE PROGRAM IS AT YOUR SOLE RISK; THE PROGRAM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND H3R EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS AND TERMS (COLLECTIVELY, "PROMISES") OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR CUSTOM, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED THROUGH THE USE OF THE PROGRAM, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT; (B) H3R MAKES AND GIVES NO WARRANTY THAT (i) THE PROGRAM WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (ii) THE RESULTS OBTAINED FROM THE USE OF THE PROGRAM WILL BE ACCURATE OR RELIABLE, (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE PROGRAM WILL MEET YOUR EXPECTATIONS, AND (iv) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; AND (C) 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.

G. Limitation of Liability and Indemnification

ADVOCATES EXPRESSLY UNDERSTAND AND AGREE THAT H3R (INCLUDING ANY VENDORS AND SERVICE PROVIDERS ASSOCIATED WITH OR ASSISTING IN PROVIDING THE PROGRAM) SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF H3R WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE PROGRAM; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE PROGRAM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR THROUGH THE PROGRAM; 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, H3R'S (INCLUDING ANY VENDORS AND SERVICE PROVIDERS) MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), SHALL NOT EXCEED $100 USD.

ADVOCATES SHOULD USE THE PROGRAM AT THEIR OWN RISK.


V. CONDUCT.

A. If a solution cannot be found to restore the integrity of the Program after the occurrence of Prohibited Conduct (as defined below), H3R reserves the right to cancel, change, or suspend the Program.

B. Prohibited Conduct, Generally

Advocates agree not to use the Program to:

  • Violate applicable law;
  • Infringe the intellectual property rights of H3R or any third parties;
  • Stalk, harass, or harm another individual;
  • Collect or store personal data about other Advocates;
  • Impersonate any person or otherwise misrepresent Advocate's identity;
  • Interfere with, disrupt or violate the Terms and Conditions or servers or networks connected to the Program; or disobey any requirements, procedures, policies, or regulations of such networks;
  • Interfere with another Advocate's use of the Program;
  • Attempt to gain unauthorized access to the Program, other accounts, computer systems, or networks connected to the Program;
  • Transmit any file that contains viruses, worms, trojan horses, or any other contaminating or destructive features;
  • Conduct any illegal activity or solicit the performance of any illegal activity or other activity that infringes the rights of others;
  • Resell, barter, trade, auction or otherwise generate income by providing access to the Program to others.

C. Bulk Distribution ("Spam")

If an Advocate provides a Personal Link to www.H3RPerformance.com to a Friend by email, the email must be created and distributed in a personal manner that is appropriate and customary for communications with friends, colleagues and family members.

Bulk referrals, distribution to strangers, or any other promotion of a Program in a manner that would constitute or appear to constitute unsolicited commercial email or "spam" in H3R’s sole discretion is expressly prohibited and may be grounds for immediate termination of the Advocate's participation in the Program. H3R has a no-tolerance spam policy.

H3R has no obligation to monitor the content provided by Advocates; however, H3R may choose to do so and block any email messages, remove any such content, or prohibit any use of the Program.

While H3R is the actual sender of the referral email, each Advocate must nonetheless comply with applicable law. Advocates who do not comply with the law, including antispam laws, are obligated to indemnify H3R and all of the Released Parties against any liabilities, costs and expenses incurred as a results of such violation.

D. Fraudulent and Suspicious Behavior

H3R may prohibit an Advocate from participating in the Program or receiving a Credit or Reward, in H3R’s sole discretion, if H3R determines that such Advocate is attempting to undermine the fairness, integrity or legitimate operation of the Program in any way by cheating, hacking, deception, or any other unfair playing practices of intending to annoy, abuse, threaten or harass any other Advocates or any representatives of H3R.

Use of any coupon sharing website, affiliate website, affiliate network properties, automated systems, script, or macro to participate is strictly prohibited and will result in disqualification.

Advocates may not enter with multiple or fake emails addresses or accounts, use fictitious identities or use any system, bot or other device or artifice to participate in the Program or receive a Reward.

H3R reserves the right to disqualify any Advocate and/or cancel any Reward(s) if H3R finds an Advocate to be tampering with the entry process or the operation of the Program or violating these Terms and Conditions in any way.

CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE PROGRAM. SHOULD SUCH AN ATTEMPT BE MADE, H3R RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.


VI. SUGGESTIONS AND SUBMISSIONS.

A. H3R appreciates hearing from users and welcomes your comments regarding the Program. Please be advised, however, that H3R does not accept or consider creative ideas, suggestions, inventions, or materials ("Creative Ideas") other than those which we have specifically requested. While H3R values your feedback on the program, please be specific in your comments and do not submit Creative Ideas. If, despite this request, you send H3R Creative Ideas, H3R:

  • Shall own, exclusively, all now known or later discovered rights to the Creative Ideas;
  • Shall not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any Creative Ideas; and
  • Shall be entitled to unrestricted use of the Creative Ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.


VII. APPLICABLE LAW; ARBITRATION; CLASS WAIVER; AND WAIVER OF JURY TRIAL.

A. Any and all disputes, claims and causes of action arising out of or related to the Program or any Reward or other prize awarded pursuant to the Program or to this agreement shall be resolved under California law (without reference to its conflicts of laws principles).

B. Advocates and H3R agree to submit to the personal and exclusive arbitration of any disputes relating to the use of H3R’s online platform or the Program under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, shall be conducted within the state of California. Advocates covenant not to sue or otherwise bring a claim against H3R in any other forum.

C. Advocates also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to Advocates' use of the Program or this agreement:

ADVOCATES ARE GIVING UP THEIR RIGHT TO HAVE A TRIAL BY JURY; and

ADVOCATES 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.

VIII. GENERAL TERMS.

A. These terms constitute the entire agreement between Advocates and H3R concerning Advocates' use of the Program. The failure of H3R to exercise or enforce any right or provision of these terms shall not constitute a waiver of such right or provision. If any provision of these terms is found by a court of competent jurisdiction to be invalid, H3R and Advocates nevertheless agree that the court should endeavor to give effect to the intentions reflected in the provision, and that the other provisions of these terms shall remain in full force and effect. The section titles in these terms are for convenience only and have no legal or contractual effect. A person who is not a party to these terms shall have no right to enforce or receive the benefit of any of these terms.

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