TERMS AND CONDITIONS FOR THE SPOND FUNDRAISER CAMPAIGN (FRC) REFERRAL PROGRAM
Last updated: 14 November, 2023
Spond AS, a Norwegian company with organisation number 998 209 218 (“Spond” or “we”) provides tools to organise groups and activities, including a feature facilitating that non-commercial organisations can arrange fundraising campaigns (“FRC”) as a way of funding their activities.
Spond users having accomplished an FRC (“you” or the “Referrer”) can be eligible to participate in a program in which they can recruit others to organise FRCs and thereby earn monetary rewards to the benefit of their Spond group having ran the campaign (the “FRC Referral Program”).
These Terms and Conditions for the Spond FRC Referral Program (the “FRC Referral Terms”) govern your participation in the FRC Referral Program. We may change the FRC Referral Program and the FRC Referral Terms at any time. Any modifications of the FRC Referral Terms will be made by publishing a new version of the terms on our website. Any continued participation in the FRC Referral Program shall constitute consent to the modified FRC Referral Terms.
- HOW IT WORKS
The FRC Referral Programs works as follows:
- After having successfully completed an FRC, you receive an in-app message (the “Referral Message”) from Spond with a code (a “Referral Code”) and relevant information such as applicable monetary awards (“Referral Award”), a Referral Code expiry date, the minimum amount that must be raised for you to be eligible for the Referral Award, etc.
- You share the Referral Code with someone you believe can be interested in organising an FRC on behalf of their group (each a “Referred”).
- The Referred enters the Referral Code when they create a new FRC.
- Upon successful completion of the FRC by Referred’s group, your group will receive the Referral Award as detailed below.
To participate in the FRC Referral Program you must meet the following requirements:
- Be the age of majority in your jurisdiction (e.g. 18 years of age or older),
- Receive an invitation from Spond that welcomes you to participate in the FRC Referral Program,
- Have an existing and valid Spond account and use the same account in the FRC Referral Program, and
- Only share the Referral Code with people that are your friends or followers (or of similar personal character) (“Personal Network”).
- QUALIFIED REFERRAL
A “Qualified Referral” is a referral which meets the following conditions:
- The Referred must have or create a Spond account,
- The Referred must be the age of majority in its jurisdiction (e.g. 18 years of age or older),
- The Referred must use the Referral Code you sent,
- The Referral Code must be used before it expires, and
- The FRC created by the Referred must raise an amount equal to or higher than the minimum amount stated Referral Message. Such a minimum amount is also communicated to the Referred.
- SHARING REFERRAL LINKS
The Referrer shall only share the Referral Code within its Personal Network. This means that Referral Codes should not be posted on commercial websites (such as coupon websites or discussion forums etc).
You agree that you will only use referral methods and techniques that people will appreciate and in accordance with applicable laws. This means that you will not (the list is not exhaustive):
- Spam or otherwise create inappropriate bulk distributions of the Referral Code,
- Use the FRC Referral Program to collect or attempt to collect personal data about Spond’s users,
- Transmit files that contain bots, viruses, works, Trojan horses, or any other file that could contaminate or otherwise stop the function of the Spond services,
- Pay to advertise the Referral Code, or attempt to market, reproduce, sell or resell the Referral Code to any third party whatsoever, or
- Send the Referral Code to anyone under the age of majority in your jurisdiction (e.g. 18 years of age or older)
In addition, you warrant that you will not:
- Violate the intellectual property rights of Spond, or
- Act in a manner that is inconsistent with the purpose of the FRC Referral Program. In case of doubt, Spond determines in its sole discretion if an action is inconsistent.
If we determine that it is likely that you have shared the Referral Code outside your Personal Network, Spond may disqualify you from participation in the FRC Referral Program and void any Qualified Referrals at its discretion.
- REFERRAL AWARDS
The applicable Referral Awards payable as a result of a Qualified Referral will be informed to the Referrer in connection with enrollment to the FRC Referral Program (e.g, when you receive the Referral Code).
Referral Awards will be paid within 14 days after the end of an FRC to the bank account that was used for the Referrer’s FRC that resulted in receipt of the Referral Message.
You will receive a message when a campaign using your Referral Code has generated a successful FRC.
By participating in the FRC Referral Program both the Referrer and Referred must submit personal data about themselves. Personal data will be collected and used for the following purposes:
- Run and administer the FRC Referral Program, including providing Referral Rewards to Referrers,
- Gain insights to evaluate and improve the FRC Referral Program,
- Ensure that Referrers act in compliance with the FRC Referral Terms, and
- Comply with the legal obligations applicable to Spond.
Referrers agree to indemnify, defend, and hold Spond and its representatives and agents harmless from and against any and all third-party claims, demands, liabilities, costs, or expenses, including attorney’s fees and costs, arising from, or related to any breach by the Referrer of any of these FRC Referral Terms or any violation by the Referrer of applicable law.
- LIMITATION OF LIABILITY
In no event will Spond be liable for any special, incidental, punitive, exemplary or consequential damages of any kind in connection with these FRC Referral Terms, even if Spond has been informed in advance of the possibility of such damages. In any event, the maximum aggregate liability to you in connection with these FRC Referral Terms shall not exceed the aggregate amount of the payments made by Spond to you in accordance with the FRC Referral Program and these FRC Referral Terms.
- APPLICABLE LAW
Unless otherwise stipulated in mandatory laws, disputes, claims and causes of action arising out of or related to this Referral Program or shall be resolved under the laws of Norway, and you agree to submit any dispute to the exclusive jurisdiction to the courts of Norway.