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Sunwink Referral Terms 

Last Revised on 8/14/20

These Referral Program Terms and Conditions (“Referral Program Terms”) govern your participation in our Referral Program (the “Referral Program”). The Referral Program Terms are in addition to any agreements between you and the Company, including the Company’s Terms of Service, as applicable. The Company’s Terms of Service and any other agreements between you and the Company are incorporated by reference and shall apply to your participation in the Referral Program. Terms used but not defined herein shall have the meanings ascribed to them in the Company’s Terms of Service.

By participating in the Referral Program in any way, you agree to be bound by these Referral Program Terms. You may not participate in the Referral Program if you do not agree to each of the terms and conditions within these Referral Program Terms.

1. REFERRAL PROGRAM OVERVIEW

1.1 The Referral Program is offered by the Company to allow you (as a “Referrer”) to earn product credits or other promotional rewards (“Referral Program Rewards”) by allowing your eligible friends (“Referred Customers”) to register as new Sunwink customers using a personalized link (your “Link”) that gives them a coupon code (a “Referral Code”) they can use for $10 off their first Sunwink order. Your Link can be obtained at https://drinksunwink.com/pages/invite-friends or via the Invite Friends pop up that displays after you make a purchase through our Website. Please read these Referral Program Terms and the Company’s Terms of Service carefully to understand your rights and obligations with respect to participating in our Referral Program (whether as a Referrer or as Referred Customer).

2. REFERRER ELIGIBILITY

2.1 To be eligible to participate as a Referrer in the Referral Program, you must (a) be an individual (the Referral Program cannot be used by businesses for affiliate lead generation or similar purposes, as determined in the Company’s sole discretion); (b) be a legal resident of the United States; and (c) be the age of majority in your territory of residence. If you violate the Referral Program Terms, the Company’s Terms of Service, or any other agreement between you and the Company in any way, we may suspend or terminate your ability to participate in the Referral Program.

3. REFERRED CUSTOMER ELIGIBILITY AND QUALIFIED REFERRALS

3.1 A Referred Customer must be a first time Sunwink customer. The Referred Customer and the Referrer cannot be the same person (i.e. Referrers cannot earned Referral Program Rewards for referring themselves).

3.2 A “Qualified Referral” is as a purchase made through our Website by a Referred Customer who arrives to the Website via your Link. You are limited to one (1) Qualified Referral for each Referred Customer. For the avoidance of doubt, additional/repeat purchases made by a Referred Customer are not counted as additional Qualified Referrals. The criteria for a Qualified Referral are set by the Company in its sole discretion and are subject to change at any time.

4. REFERRAL PROGRAM REWARD

4.1 After three (3) Qualified Referrals, the Referrer will receive via email a coupon code applicable towards one free case of the Offering of the Referrer’s choosing available via the Services (an approximately $48 value). You agree that you are responsible for any and all applicable taxes and shipping costs resulting from any purchase using your Referral Program Reward. Only one (1) Referral Program Reward may be applied towards the purchase of an Offering at a time, and Referral Program Rewards may not be used in conjunction with other promotions, discounts or offers offered by the Company. Referral Program Rewards cannot be redeemed for cash or cash equivalent. Referral Program Rewards are not transferable and may not be auctioned, traded, bartered, or sold.

5. RESTRICTIONS

5.1 In connection with your participation in the Referral Program as a Referrer, you expressly agree to the following restrictions with respect to distributing, promoting or communicating your Link:

(a) You agree that you will not “spam” anyone with your Link, and that you will at all times comply with the Controlling the Assault of Non-Solicited Pornography And Marketing Act of 2003, the Telephone Consumer Protection Act of 1991 and other applicable laws related to marketing, solicitation and spamming. Any distribution of your Link that could constitute unsolicited commercial email or “spam” under any applicable law or regulation is expressly prohibited. Emails, texts and messaging must be created and distributed in a personal manner, and bulk email, text or message distribution is strongly discouraged.

(b) You agree that you will not, directly or indirectly, by affirmative representation, implication, omission, or otherwise, attempt in any way to mislead anyone in connection with the Referral Program. In particular, you agree that you will not: (i) impersonate any person or entity; (ii) create any fake account, blog, website, webpage, link, profile or message; (iii) suggest that you are employed by, in partnership with, or in any way affiliated with the Company, other than being a customer of the Company; or (iv) make any misrepresentations with respect to the Qualified Referral criteria.

(c) You agree that you (whether as a Referrer or Referred Customer, as applicable) will not defraud or abuse (or attempt to defraud or abuse) the Company, these Referral Program Terms, the Company’s Terms of Service, any other agreement between you and the Company, or any existing or invited users of our Services.

6. RESERVATION OF RIGHTS

6.1 We reserve the right to investigate any suspicious or inappropriate activity relating to the Referral Program.

6.2 We reserve the right to withhold or invalidate any Referral Program Reward obtained through the Referral Program if we determine or believe that the Referral Program Reward was received through error, fraudulent, illegal, or in violation of these Referral Program Terms, the Company’s Terms of Service, or any other applicable agreement between you and the Company.

6.3 We further reserve the right to terminate a Referrer’s Account and/or the Account of a Referred Customer if we determine or believe that the Referral Program Reward or Referral Code, as applicable, was obtained fraudulently, illegally, or in violation of these Referral Program Terms, the Company’s Terms of Service, or any other applicable agreement between you and the Company, as applicable.

6.4 We also reserve the right to request payment for the undiscounted purchase price of an Offering purchased at a discount with the application of a Referral Code or a Referral Program Reward if we determine or have good cause to believe, after due inquiry, that such Referral Code or Referral Program Reward used was obtained by fraud, illegal means, or in violation of these Referral Program Terms, the Company’s Terms of Service, or any other applicable agreement between you and the Company, as applicable.

7. RIGHT TO CANCEL PROGRAM AND CHANGE TERMS

7.1 We reserve the right to modify our Referral Program, revise the Referral Program Terms or cancel the referral program and at any time without notice in our sole discretion, subject to applicable law.