Xoom Refer a Friend Program Terms
The following terms and conditions are effective as of 2013-11-15 and constitute the binding legal agreement (the "Agreement") between Xoom Corporation ("Xoom"), Extole, Inc. ("Extole"), and you ("You" or "Your"), the participant in the Xoom Refer a Friend Program (the "Referral Program") via use of the Extole referral network service (the "Extole Service"). Xoom and Extole reserve the right to make changes to the terms and conditions of this Agreement at any time. Your continued participation in the Referral Program after any such modification and notification thereof shall constitute your consent to such modification. Participation in the Referral Program is subject to the terms of this Agreement.
1. PARTICIPATION IN THE REFERRAL PROGRAM
As a participant in the Referral Program, you agree to use the Extole Service to promote the Referral Program in the manner specified by these terms, thereby acting as the Referrer ("Referrer"). If you do not agree to the terms and conditions contained within this Agreement in their entirety, you are not authorized to register as a Referrer or to participate in the Referral Program in any manner. You agree that Xoom and Extole, and any third parties assisting with processing the Referral Program may share your personal information with one another, as necessary to conduct the Referral Program, and that Xoom, Extole and such third parties may send you communications regarding the Referral Program.
2. PAYMENT AND QUALIFICATION FOR VALID REFERRALS
Both Referrer and the individual who was referred ("Referee") shall receive one $15 reward ("Reward") for each Referee to Xoom who meets all the following conditions ("Valid Referral"):
- Referee and Referrer must reside in different households;
- Referee registers with the xoom.com website;
- Referee accesses the xoom.com website directly from Referrer's referral method, (e.g., clicking on a link) and completes the initial registration and initial money transfer without (i) clearing the cookies on Referee's computer, (ii) without closing the xoom.com website and later returning to the xoom.com website, and (iii) without clicking on any other xoom.com links;
- Referee successfully uses the xoom.com website to transfer money to a person other than the Referrer in a manner that is compliant with the Xoom user agreement found here: www.xoom.com/user-agreement; and
- Referee's Xoom money transfer transaction is not canceled (either by Referee or by Xoom).
Subsequent registrations and/or money transfers with the xoom.com website by the Referee do not qualify as Valid Referrals. Subsequent money transfers by the Referee after his or her first successful Xoom money transfer do not qualify as Valid Referrals. Xoom and Extole reserve the right to void any referral that appears to be fraudulent or appears to have been created as a result of a fraudulent Xoom transaction.
***Rewards will be fulfilled within 2 business days of the successful completion of a Referee’s money transfer.
3. LIABILITY OF XOOM
Xoom expressly disclaims any and all liability associated with or arising from your use of the Extole website or Extole Service. Xoom's involvement in the execution and daily operation of the Referral Program is limited to payments made to Extole equal to the total owed to all Referrers for Valid Referrals ("Rewards") in any given period. Payment of Rewards to Referrers and Referees is the sole and exclusive responsibility of Extole after it has received payment from Xoom. Resolution of all questions or disputes regarding eligibility for the Referral Program, earnings of rewards, or your compliance with the terms and conditions of this Agreement is the responsibility of Extole.
IN NO EVENT SHALL XOOM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR PARTICIPATION IN THE REFERRAL PROGRAM, INCLUDING BUT NOT LIMITED TO SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE AND/OR CONSEQUENTIAL DAMAGES, EVEN IF XOOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. XOOM'S MAXIMUM AGGREGATE LIABILITY TO REFERRER AND ANY THIRD PARTY UNDER ANY AND ALL CIRCUMSTANCES SHALL BE THE THEN-CURRENT DOLLAR VALUE OF ONE (1) REWARD. REFERRER RECOGNIZES AND ACKNOWLEDGES THAT THIS LIMITATION OF DAMAGES IS FAIR AND REASONABLE.
ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED (INCLUDING, WITHOUT LIMITATION, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). XOOM MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY RESULTS OBTAINABLE THROUGH THE REFERRAL PROGRAM.
4. EXPIRATION AND DELIVERY OF REWARDS
Walmart and Amazon e-gift card rewards do not expire, subject to applicable law. The Referral Program cannot be used for business gifting purposes or lead generation, or for any other commercial purpose, other than previously approved by Xoom or as determined by Xoom in its sole and absolute discretion. Xoom does not guarantee delivery time on any rewards earned, nor does it guarantee receipt of any rewards.
5. BULK DISTRIBUTION
If a Referring Customer provides a unique referral link to another person by email, the email must be created and distributed in a personal manner that is appropriate and customary for communications with friends, family members, or persons with whom Referring Customer has a prior relationship. Bulk email distribution, distribution to strangers, or any other promotion of a unique referral link in a manner that would constitute or appear to constitute unsolicited commercial email or "spam" under any applicable law or regulation or other distribution of a unique referral link through channels other than personal email, Twitter or Facebook is expressly prohibited and will be grounds for immediate termination of the Referring Customer's account and deactivation of the unique referral link.
6. OTHER TERMS AND CONDITIONS
Xoom reserves the right to amend or terminate the Referral Program at any time without notice. Xoom expressly reserves the right to close the account(s) of any Referring Customer and/or friend, and to request proper payment if the Referrer and/or friend attempts to use the Referral Program in a questionable manner or referral link in breach of these Terms and Conditions or in violation of any law, statute or governmental regulation.
In the event there is any inconsistency between the English and Spanish, the English text shall be binding.