The following terms apply to Animoto’s Refer-a-Friend program (the “Promotion”). By sending your Referral Link (as defined below) to another potential users, you indicate your acceptance to these terms and a binding agreement (“Agreement”) is formed between you and Animoto Inc., a California corporation (“Animoto”). Animoto offers video creation services through its website at https://animoto.com, Animoto’s mobile application (“Mobile App”) or Animoto’s video creation services made available through authorized third party websites (collectively referred to as the “Site” or “Services”). These terms were last updated on October 6, 2016. The term of this Agreement will commence on this date, and continue until immediate termination by Animoto, or after you have given Animoto thirty (30) days written notice to terminate this Agreement.
Eligibility for the Promotion. The Promotion is available exclusively to registered users of the Service who are paid subscribers; by way of example and not limitation, site visitors and free or trial users will not be eligible to participate in the Promotion.
Referral Link. A paid subscriber will be given access to a URL that is unique to the subscriber, this link may be shared with friends, family members, and other individuals known to the subscriber (the “Referral Link”). The individual forwarding the link will be referred to as the “Referrer”, and the individual receiving the link will be referred to as the “Referred”.
Referrer and Referred Incentives. If the Referred uses the Referral Link to make a purchase of any of Animoto’s Services and does not request a refund within the first 30 days, either directly from Animoto or through their payment provider, then the Referred will receive one (1) additional month added to the Services purchased by the Referred (the extra month is referred to as an “Incentive”). In addition, the Referrer will receive one (1) additional month added to the Referrer’s current subscription for Services (also referred to as an “Incentive”). The total amount of Incentives earned will be reported in each user’s Animoto account information. All Incentives awarded under the Promotion shall be thirty (30) days.
Limitations.
The Incentive is only applicable to the first purchase made by the Referred; subsequent purchases will not be eligible for an Incentive.
If the Referred uses the link to register for a non-paid Service (such as a Lite or Pro trial), then neither the Referred nor Referrer are eligible for an Incentive.
The Referred must purchase Services using the Referral Link for the Incentives to apply. Purchases made by the Referred from any other URL are not eligible for an Incentive.
If the Referred is already an Animoto user under a non-paid Service, then the Referred will be able to pay for a subscription using the Referral Link and both the Referrer and Referred will be eligible to obtain the Incentive.
If the Referred has previously purchased Services through Animoto, or is currently a paid subscriber to Animoto Services, then neither the Referred nor Referrer are eligible for an Incentive.
If at the time of purchase by Referred, the Referrer is no longer a paid subscriber of Animoto, then the Referrer will receive a free month of “Professional”.
The free month is added to the beginning of the Referrer’s and Referred’s subscription, thereby pushing the existing renewal date by one month. For example, if the original renewal date was November 25, the new renewal date would be the following December 25.
A user may not use his or her own Referral Link to purchase any other Services.
If Animoto advertises or announces on its website or via an email to users a cap on the number of free months a Referrer can obtain through the Promotion, then the Referrer’s Incentives will stop accruing once the cap is reached.
Conduct.
If the Referrer shares the Referral Link via another web page or social network, the Referrer agrees that it will comply with such site’s terms of service.
Referrer may not use Referral Link in any form of communication which may be considered spamming, indiscriminate advertising, or unsolicited commercial email.
Referrer may not promote the Referral Link via any paid search (including the use of Animoto Branded search terms), coupon sites or other paid advertising.
Referrer may not derive any benefit other than the Incentive offer herein by Animoto.
Referrer warrants that it will not mislead users in any way, nor cause any transactions with Animoto to be made that are not bona fide transactions initiated by the Referred, including without limitation transactions that are initiated by a device, program, or robot.
Referrer warrants that in sharing the Referral Link, it will not distribute communications that contain objectionable content (including without limitation misleading, libelous, defamatory, obscene, violent, bigoted, hate-oriented, illegal, or promoting illegal goods, services or activities).
Termination.
Animoto may terminate or suspend the Promotion, or disable a Referral Link, at any time in its sole discretion.
Participation in the Promotion is subject to approval by Animoto at its sole discretion, and Animoto may refuse, terminate or suspend participation in the Promotion at any time.
Animoto may terminate or suspend Referrer’s or Referred’s (i) participation in the Promotion, (ii) Animoto account, and/or (iii) Animoto subscription due to such person’s failure to comply with these terms or with Animoto’s Terms of Service at https://animoto.com/legal/terms. Animoto’s Terms of Service are incorporated herein by reference in their entirety, and made part of this Agreement.
Miscellaneous.
Referrer agrees to indemnify, defend and hold harmless Animoto and its parents, subsidiaries, affiliates, officers, directors and employees, harmless from any liabilities, claims, expenses or demands, including but not limited to reasonable attorneys’ fees and costs, made or alleged by any third party due to or arising out of Referrer’s conduct in relation to the Promotion, or breach of its obligations hereunder.
Referrer is not granted any rights hereunder to advertise for Animoto, nor to use any Animoto trademarks or copyrights. Referrer agrees not to adopt or use any trademarks, service marks, trade names, slogans, or URLs that are the same or confusingly similar to Animoto’s. Referrer agrees not to degrade, tarnish or defame Animoto.
This document was last updated on October 6, 2016.
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