Referral Program

Español | English

Close
 

TERMS & CONDITIONS

1. The Program

Lendify Financial LLC ("Lendify" or “we”) may offer its customers the opportunity to refer friends to apply for a loan offered by Lendify (a “Loan”) for the period starting 3/10/2017 starting at 12:00 AM PST and ending 12/31/2017 at 11:59 PM PST (the "Program"). Lendify reserves the right, in its sole discretion and without notice, to cancel, modify or suspend the Program at any time and for any reason.

Individuals who participate in the Program (“Users” or “You”) are bound by these Terms and Conditions. By participating in the Program, Users agree to comply with these Terms and Conditions. If a User does not agree to these Terms and Conditions in their entirety, Users are not authorized to participate in the Program in any manner. Users may not participate in the Program where doing so would be prohibited by any applicable laws or regulations.

Lendify reserves the right to modify or amend at any time these Terms and Conditions and the methods through which Rewards (as defined below) are earned. Lendify reserves the right to disqualify any User and/or cancel any Reward(s) if at any time it finds that the User does not comply with these Terms and Conditions or that the User is tampering with the operation of the Program.

No part of the Program is directed to persons under the age of 18. IF YOU ARE UNDER 18 YEARS OF AGE, PLEASE DO NOT PARTICIPATE IN THE PROGRAM AT ANY TIME OR IN ANY MANNER.

2. How the Program Works

2.1 Program Participation

Users who make referrals are called "Advocates". An eligible Advocate who is fully compliant with these Terms and Conditions may receive Reward(s) for Qualified Referrals (as defined below) as provided below.

To be "eligible", an Advocate must:

  1. 1. be a legal resident of the United States of America;
  2. 2. be at least 18 years old; and
  3. 3. be a current or former customer of Lendify.

Employees of Lendify or its partners, vendors and service providers, or other third party that is then-currently under a contractual relationship with Lendify, or any of their subsidiaries, affiliates or promotional agencies, including immediate family and household members, are not eligible.

2.2 Making a Referral

Advocates will receive a text message from Lendify with a unique referral code (“Referral Code”) that can be shared with their friends, colleagues, family members, acquaintances and contacts in their network with whom a pre-existing personal relationship exists (each such person, a “Referred Customer”).

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.

2.3 Qualified Referrals

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

  1. 1. The Referred Customer must successfully apply for a Loan by 12/31/2017 and must be approved and issued a Loan by 1/31/2018;
  2. 2. The Referred Customer must have replied to the text message from Lendify at pre-approval with the Advocate’s Referral Code when prompted;
  3. 3. The Referred Customer must be a new customer, and must not have previously applied for a Loan; and
  4. 4. The Referred Customer must be at least 18 years old.

Advocate acknowledges and agrees that Loans are offered by Lendify and that Lendify may reject any Referred Customer if such Referred Customer does not meet credit qualification criteria or applicable legal requirements.

2.4 Earning Rewards

Each Advocate will receive a reward in the amount of ten dollars ($10) for each verified Qualified Referral generated by such Advocate (each, a “Reward”).

A User may not earn more than one hundred dollars ($100) in Rewards through the Program. Rewards will be disbursed via check to your then-current address on file with Lendify. If your address has changed, please notify Lendify of such change by calling (866) 752-4885.

2.5 Verified Qualified Referrals

Rewards are subject to verification. Lendify may delay a Reward for purposes of such verification.

Lendify may also refuse to verify and process any transaction that it believes, in its sole discretion, to be fraudulent, suspicious, or in violation of these Terms and Conditions, or may impose potential liability on Lendify, its subsidiaries, affiliates or any of its or their respective officers, directors, employees, representatives and agents.

All of Lendify's decisions are final and binding, including decisions as to whether a Qualified Referral is verified.

3. Conduct

If a solution cannot be found to restore the integrity of the Program after the occurrence of any prohibited conduct specified below, Lendify reserves the right, in its sole discretion and without notice, to cancel, modify, or suspend the Program.

3.1 Prohibited Conduct

By participating in the Program, Users agree not to:

  1. 1. Violate applicable laws and regulations;
  2. 2. Infringe the intellectual property rights of Lendify or any third parties;
  3. 3. Stalk, harass, or harm another individual;
  4. 4. Collect or store personal data about other Users;
  5. 5. Impersonate any person or otherwise misrepresent User's identity;
  6. 6. Interfere with, disrupt or violate the Terms and Conditions or systems, servers or networks connected to the Program, or disobey any requirements, procedures, policies, or regulations relating thereto;
  7. 7. Interfere with another User's use of the Program;
  8. 8. Attempt to gain unauthorized access to the Program, other accounts, computer systems, or networks connected to the Program;
  9. 9. Transmit any file that contains viruses, worms, or any other contaminating or destructive features;
  10. 10. Conduct any illegal activity or solicit the performance of any illegal activity or other activity that infringes the rights of others; or
  11. 11. Resell, barter, trade, auction or otherwise generate income by providing access to the Program to others.

3.2 Bulk Distribution ("Spam")

If an Advocate communicates a Referral Code to a Referred Customer, such communication must be made in a personal manner that is appropriate and customary for communications with friends, colleagues and family members.

Bulk distribution, distribution to strangers, or any other promotion of a Referral Code in a manner that would constitute or appear to constitute unsolicited commercial email or "spam", as determined by Lendify in its sole discretion, is expressly prohibited and may be grounds for immediate deactivation of the Advocate’s Referral Code and disqualification from the Program. Lendify has a no-tolerance spam policy.

Lendify has no obligation to monitor the content provided by Users. Each Advocate is responsible for ensuring that his or her communications comply with applicable laws and regulations. Advocates who do not comply with applicable laws and regulations, including anti-spam laws, are obligated to indemnify Lendify against any liabilities, costs and expenses it incurs as a results of such non-compliance.

3.3 Fraudulent and Suspicious Behavior

Lendify may prohibit a User from participating in the Program if it determines, in its sole discretion, that such User is attempting to undermine the fairness, integrity or legitimate operation of the Program in any way, including by cheating, hacking, deception, or any other unfair playing practices of intending to annoy, abuse, threaten or harass any other Users or representatives of Lendify.

Use of any automated system, script, or macro to participate is strictly prohibited and will result in disqualification.

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

4. Privacy

Users agrees that personal information of Users may be used by Lendify to contact Users with regard to their participation in the Program, including to inform Users regarding the status of their referrals. By participating in the Program, Users agree to be contacted by Lendify by text message or phone.

5. Representations and Warranties

USERS EXPRESSLY UNDERSTAND AND AGREE THAT THEIR PARTICIPATION IN THE PROGRAM IS AT THEIR SOLE RISK AND THAT THE PROGRAM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY YOU THROUGH 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.

NEITHER LENDIFY, NOR ANY OTHER PERSON ON ITS BEHALF, HAS MADE OR MAKES ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY, EITHER ORAL OR WRITTEN, WHETHER ARISING BY LAW, USAGE, TRADE, OR OTHERWISE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. LENDIFY MAKES NO REPRESENTATION OR WARRANTY THAT (i) THE PROGRAM WILL MEET YOUR REQUIREMENTS, (ii) THE PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS OBTAINED FROM THE PROGRAM WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE PROGRAM WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.

6. Liability

 

Each User agrees to:

  1. 1. be bound by these Terms and Conditions and Lendify’s decisions relating to the Program; and
  2. 2. indemnify, hold harmless, and defend Lendify and its parent company, affiliates and subsidiaries, together with their respective employees, directors, officers, licensees, licensors, shareholders, representatives and agents, including, without limitation, any person or entity associated with the production, operation or administration of the Program (collectively, the "Released Parties"), against any and all claims, actions, demands, damages, losses, liabilities, judgments, settlements, penalties, fines, costs or expenses of whatever kind, caused by, arising out of, in connection with, or related to their 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).

Lendify will not be liable for:

  1. 1. any late, lost, delayed, stolen, misdirected, incomplete, unreadable, inaccurate, unreliable, garbled or unintelligible communications, regardless of the method of transmission;
  2. 2. any telephone system, electronic equipment, telephone or computer hardware, software or other technical malfunctions or failures, lost connections, disconnections, delays or transmission errors;
  3. 3. any data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials;
  4. 4. any damage to your equipment, telephone or computer hardware or software, or inaccurate information, whether caused by equipment, programming, human error, or otherwise;
  5. 5. any damage to any computer system or mobile device resulting from participating in, or accessing or downloading materials in connection with the Program;
  6. 6. any injuries, losses or damages of any kind resulting from acceptance, possession or use of a Reward, or from participation in the Program;
  7. 7. any printing, typographical, administrative or technological errors in any materials associated with the Program; or
  8. 8. claims, demands, and damages relating to disputes among Users of the Program.

In addition, Lendify will not be liable to any Users for failure to supply any Reward or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove to be invalid), equipment failure, actual or threatened terrorist acts, air raid, blackout, act of public enemy, earthquake, tornado, tsunami, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other similar or dissimilar cause beyond any of the Released Parties' control.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL LENDIFY (AND ANY OF ITS REPRESENTATIVES, VENDORS AND SERVICE PROVIDERS ASSOCIATED WITH OR ASSISTING IN PROVIDING THE PROGRAM) BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, ENHANCED, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES, INCLUDING LOST PROFITS, LOST REVENUES AND DIMINUTION IN VALUE) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE PROGRAM, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT LENDIFY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH ANY CLAIM IS BASED. 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 MAY NOT APPLY TO YOU.

7. Governing Law; Submission to Jurisdiction

All matters arising out of or related to these Terms and Conditions, the Program or any Reward will be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

Any legal suit, action, or proceeding arising out of or relating to this Agreement, the Program or any Reward will be instituted in any United States federal court or state court located in the State of California, County of San Francisco, and Users irrevocably submit to the exclusive jurisdiction of such courts in any such suit, action, or proceeding. Users irrevocably and unconditionally waive any objection to the laying of venue of any suit, action, or proceeding in such courts and irrevocably waive and agree not to plead or claim in any such court that any such suit, action, or proceeding brought in any such court has been brought in an inconvenient forum.

8. Miscellaneous

These Terms and Conditions constitute the entire agreement between Users and Lendify with respect to the subject matter contained herein. The failure of Lendify to exercise or enforce any right or provision of these Terms and Conditions will not constitute a waiver of such right or provision, nor prevent Lendify from exercising or enforcing any other right or provision. If a court or other body of competent jurisdiction finds any provision of these Terms and Conditions, or portion thereof, to be invalid or unenforceable, such provision will be enforced to the maximum extent permissible, and the other provisions of these Terms and Conditions will continue in full force and effect. A person who is not a party to these Terms and Conditions will have no right to enforce or receive the benefit of any of these Terms and Conditions.