Updated: 7 November 2018
I. Program Overview
The GigSky Referral Program (“Referral Program”) is offered by GigSky, Inc. (“GigSky”) and provides Users who are interested in referring their friends or contacts (“Referrers”) the opportunity to refer eligible individuals to join the GigSky community as new Users of GigSky App and its World Mobile Data Services (“GigSky Service”). These Program Rules apply to both referrers and referred Users, so please read carefully to understand your respective rights and obligations.
II. Referrer Eligibility
III. GigSky Codes
Under the Referral Program, GigSky may provide you with a unique code (“GigSky Code”) to distribute to eligible individuals to become new GigSky Users. Everyone with a GigSky account has a personal GigSky Code that you can share with friends interested in becoming a User of GigSky Service. You’ll receive rewards when:
- New Users enter your GigSky Code and buys a data plan; or
- New Users sign up using your GigSky Code and then purchase a certain number of plans or other conditions depending on the type of promotion then running at the time.
GigSky owns all rights in and to any GigSky Code however provided to you. You acknowledge and agree that: (a) GigSky may limit the number of GigSky Codes are made available to you, (b) you have no ownership rights in any form over the GigSky Codes, and (c) GigSky may reclaim, deactivate, invalidate or terminate your GigSky Code at any time at its discretion.
IV. How to Refer New Users
You may refer eligible individuals to become new Users on the GigSky App. In order to be eligible for a Referral Reward (defined below) for a new User, the person must (i) have never previously created a GigSky account; (ii) be at least 18 years of age, and (iii) satisfy the applicable Reward Criteria, as discussed below. If these conditions are met, the person shall be considered your “referred User.”
A. Invitations through the GigSky App.
B. Other Invitation Methods.
You may also invite individuals to become new Users by distributing your GigSky Code directly and instructing them to manually input your GigSky Code into the GigSky App. A User will not be able to apply your GigSky Code if (i) they’ve already applied another User’s GigSky Code or a different promotion code, or (ii) they’ve already received GigSky credit from GigSky or another source on their User account prior to entry of your GigSky Code. If a User does not enter your GigSky Code you will not receive attribution for the referral and they will not be considered your referred User. GigSky reserves the right to supply new Users with GigSky credit or sign-on bonuses at its discretion.
V. Referral Rewards
You are eligible to earn a referral incentive (“Referral Reward”) for each referred User that you refer to the GigSky App (subject to certain maximum limits and the other terms in these Program Rules). As discussed above, in order to qualify as your referred User, the new User must satisfy the applicable Reward Criteria. The Reward Criteria are set by GigSky in its sole discretion and are subject to change at any time. The Reward Criteria may vary by market or within a particular market (including geography). GigSky, at its sole discretion, may make available certain promotions with different Reward Criteria or Referral Rewards to other Users or prospective Users. These promotions, unless offered to you, shall have no bearing whatsoever on your Agreement or relationship with GigSky.
If the new User that you refer satisfies the Reward Criteria, the type of Reward you are eligible to receive may depend on (i) when the GigSky Code was applied by the New User as GigSky reserves the right to change the Reward throughout the year, (ii) the GigSky region associated with your GigSky account, (iii) the GigSky region associated with the referred User when they satisfied the Reward Criteria, or (iv) other factors as determined and communicated by GigSky.
B. Earning Rewards for Referred Users.
New Users you refer may receive GigSky credit upon creating their new GigSky account and purchasing a data plan (“Referral Credit”). Referral Credit is only valid for use on the GigSky App and is not transferable or redeemable for cash. Referral Credit may contain certain restrictions such as expiration dates or geographical use limitations which will be communicated to the new User. New Users should check the GigSky Credit tab within their GigSky App to determine whether they have Referral Credit and any restrictions on its use. In order to satisfy the Referral Criteria, the referred User must purchase their first GigSky plan before the Referral Credit expires, but in no event later than thirty (30) days from the creation of their GigSky account. All terms and conditions for the distribution and use of Referral Credit are determined by GigSky in its sole discretion.
C. Maximum Rewards for Referred Users.
The maximum amount of Referral Rewards that GigSky will pay for referred Users is $100/year (in GigSky credit). For example, if the Referral Reward is $5 per referred User and you generate 5 referred Users in a single week, you would receive a $25 GigSky credit. The maximum credit you can earn is $100 (in GigSky credit) for the year. This maximum Referral Reward amount shall apply to your GigSky account. You may not create multiple GigSky accounts to circumvent the Referral Reward maximum, and GigSky may withhold or deny any amounts above the maximum Referral Reward. GigSky reserves the right to change this maximum amount, and it is your responsibility to review the Program Rules for the current maximum limits.
D. Resolving Disputes over Referrals.
Only one person can earn a Referral Reward for a single referred User. In the event that multiple persons claim credit for a particular referral, GigSky has full discretion to determine which person earned such referral according to GigSky’s systems.
E. Reservation of Rights.
GigSky reserves the right to withhold or deduct Referral Rewards or Referral Credit obtained through the Referral Program in the event that GigSky determines or believes that the receipt of the Referral Reward or Referral Credit was in error, fraudulent, illegal, or in violation of these Program Rules or any other applicable agreement between you and GigSky.
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 that:
A. NO SPAMMING. You agree that you will not “spam” anyone with invitations to join the GigSky community, and that you at all times will remain compliant with CAN-SPAM, the TCPA, and other applicable laws of your region or location. 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 Code;
- Use of scripts, programed or automatic dialers to send invites or to communicate Referral Codes; and
- Posting referral codes on event or venue pages without express permission from the owner.
B. 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
- Create fake accounts, blogs, webpages, profiles, websites, links or messages
- Misrepresent your relationship with GigSky or any other third party (Through your use of your Referral Code or Reward Program, you agree to not create content or communications that could have the effect of leading a consumer to believe that it is an official communication from GigSky).
- Suggest that an affiliation or partnership exists with a third party where none exists. Some examples include:
- “Use code ‘JAGODA’ to get up to $10 off your GigSky data plan to get the scores of the NHL Playoffs! #NFLPLAYOFFS #GigSky”; or
- “Lorde loves GigSky! Use code ‘JAGODA’ to get up to $10 off your GigSky Plan to stream Lorde’s concert tonight!”
- Don’t make misrepresentations with respect to the characteristics or qualification requirements for any referral rewards. You acknowledge that GigSky may change the characteristics or qualification requirements for referral rewards in its discretion, and therefore you shall not represent any fixed characteristics (e.g., amount of GigSky credit, expiration date).
C. PROHIBITED CONTENT. You agree that you will not use the GigSky brand in connection with:
- Disparaging or defamatory content concerning GigSky 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.
D. OTHER RESTRICTIONS. You also agree that you will not:
- Specify the monetary amount of the referral code unless authorized by GigSky in writing;
- Create websites, domains, URLs, social media handles or email addresses containing the word “GigSky”;
- Use the names or marks of GigSky competitors;
- Use images of celebrities or other public or private figures without their written consent
- Use someone else’s brand name or intellectual property without their written consent (for example, referencing “Stanley Cup” or “Burning Man” would be prohibited);
- Engage in phishing or attempting to obtain financial or other personal information;
- Solicit passwords or personally identifiable information;
- Sell your Referral Code. You agree that you will only distribute your GigSky Code free of charge only for promotional purposes. You may not sell, trade, or barter your GigSky 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 GigSky.
- Violate or infringe the rights of a third party. You will not create any GigSky Code that infringes on the intellectual property rights of any third party. You will adhere to the License terms in any use of the GigSky Marks.
- Advertise. You agree that you will not pay to advertise your GigSky Code or the Referral Program, including via Google, Facebook, Twitter, Bing, Yahoo, and Craigslist.
- Create printed materials of any type, medium, or form other than those authorized by GigSky
- Post printed materials on public or private property without the express written consent.
- Engage in fraudulent activity. You agree that you and your referrals will not defraud or abuse (or attempt to defraud or abuse) GigSky, the terms of the Referral Program, or any invited users.
If you violate any of these restrictions GigSky may, in its discretion, remove your eligibility to participate in the Referral Program, and/or deny you any Referral Rewards earned in violation or suspected violation of these restrictions, including terminating your GigSky account.
VII. Other Terms
The following terms shall also apply to your participation in the Referral Program.
- Users cannot earn Referral Rewards for referring themselves.
- In exchange for allowing you to promote your GigSky Code online (subject to the restrictions above), you agree to include a link on any such promotion page back to GigSky’s promotion page (or such other page as GigSky designates).
- All GigSky promotions run for a limited time only and are subject to change at GigSky’s discretion.