Milk Bar Referral Program Terms and Conditions
Effective Date: April 18, 2019
The Milk Bar Referral Program (the “Referral Program”) allows Milk Bar customers to earn promotional reward credits (“Credits”) toward purchases at milkbarstore.com by referring friends to Milk Bar. By participating in the Referral Program, you (also referred to herein as the “Referrer”) agree to be bound by these Milk Bar Referral Program Terms and Conditions (the “Referral Program Terms and Conditions”) and Milk Bar’s Terms of Use (https://milkbarstore.com/pages/terms-of-use) and Privacy Policy (https://milkbarstore.com/pages/privacy-policy), which are incorporated herein by reference. Please read the following Referral Program Terms and Conditions carefully as they constitute a legally binding agreement between you and Milk Bar and will govern your participation in any and all Referral Program offers.
How It Works
To participate, refer friends who have not previously purchased any products from milkbarstore.com (“Friends”) by sending them your personal referral link provided to you by Milk Bar (“Referral Link”). Friends will receive $10 off their first purchase of $50 or more (excluding gift card purchases, taxes, shipping costs and other discounts) at milkbarstore.com. The Referrer will earn 100 loyalty points at milkbarstore.com for each Qualified Referral. A “Qualified Referral” is defined as a purchase of $50 or more (excluding gift card purchases, taxes, shipping costs and other discounts) made at milkbarstore.com by a Friend who has not previously purchased products at milkbarstore.com and who receives a personal promo code by clicking your Referral Program link and providing their email address. Your points will be awarded following the shipment of your Friends’ orders. The Referrer and the Friend cannot be the same person (for example, by using a different email address). We automatically disqualify suspicious referrals.
The amount of Credits applied to one (1) transaction cannot exceed the total order amount. As a Referrer, you are responsible for any and all tax liability resulting from Referral Credits.
Prior to providing Milk Bar with any information about any Friend, you agree to (i) inform the Friend about the nature and purpose of the Referral Program and explain that Milk Bar may contact the Friend and (ii) obtain such Friend’s consent to be contacted by Milk Bar and to participate in the Referral Program.
Eligibility
Eligibility is limited to individuals only. Milk Bar’s Referral Program cannot be used by businesses for affiliate lead generation, as determined in Milk Bar’s sole discretion. To participate in the Referral Program, you must be a legal resident of the fifty (50) United States and be 18 years of age or older.
Restrictions
You are only allowed to email referrals to individuals with whom you have a personal relationship. You must comply with all up-to-date “SPAM” laws, which may include the laws where your Friends live. For example, emails must be created and distributed in a personal manner and bulk email distribution is prohibited. Any distribution of your referral link that could constitute unsolicited commercial email or "spam" under any applicable law or regulation is expressly prohibited and will be grounds for immediate termination of your account and exclusion from Milk Bar’s Referral Program.
The use of multiple accounts, email addresses, online identities or aliases to circumvent the eligibility requirements and/or other limitations of these Terms is prohibited and may result in exclusion from the Program and the cancellation of all related rewards. You may only share your personalized referral link with your personal connections, and you may not post or promote your referral link on coupon sites or other websites created to take advantage of referral traffic generated from individuals searching for coupons or other discount codes.
Milk Bar expressly reserves the right to disqualify any referrals it believes in its sole discretion are generated by scripts, macros or other automated or fraudulent means (e.g., using fake accounts) or violation of these Referral Program Terms and to take action and seek damages to the fullest extent permitted by law against any user it finds to be tampering with the operation of the Referral Program or otherwise acting in violation of these Referral Program Terms or applicable law or regulation, which may include, without limitation, terminating a user’s participation in the Referral Program, requesting payment, delaying or cancelling the rewarding of Credits & points, or revoking or refusing to honor outstanding Credits.
In all matters relating to the administration of the Referral Program, the decisions of Milk Bar will be final.
Credits and points are not redeemable for cash, are non-transferable and not refundable (e.g., if an order is refunded, any portion of such order paid for using Credits will not be refunded).
Indemnification; Limitation of Liability; Release
You agree to indemnify, defend and hold Milk Bar and its directors, officers, employees, 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 you of any of the Referral Program Terms and Conditions or any violation by you of applicable law or regulation.
TO THE FULLEST EXTENT PERMITTED BY LAW, MILK BAR, AND ITS AFFILIATES AND SERVICE PROVIDERS, SHALL NOT BE LIABLE TO YOU OR ANY OF YOUR FRIENDS FOR, AND YOU HEREBY RELEASE MILK BAR AND ITS AFFILIATES AND SERVICE PROVIDERS FROM, ANY CLAIMS, ACTIONS, INJURY, LOSS OR DAMAGE OF ANY KIND RELATED TO THE REFERRAL PROGRAM, THESE REFERRAL PROGRAM TERMS, OR THE SUBJECT MATTER HEREOF, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES, OR ANY LOSS OF PROFIT OR INCOME, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, WARRANTY, OR OTHER LEGAL OR EQUITABLE THEORY, EVEN IF MILK BAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Milk Bar is not responsible for communication errors or other matters beyond Milk Bar’s reasonable control, including, without limitation, any failure to award Credits due to technical issues. Milk Bar’s failure to enforce any term of these Referral Program Terms will not constitute a waiver of that provision. These Referral Program Terms are governed by and interpreted in accordance with the laws of the State of New York, notwithstanding any conflicts of law. Participants in the Referral Program consent to the exclusive jurisdiction and venue in the courts located in New York County, New York for all matters arising in connection with or relating to the Referral Program.
If any provision of these Referral Program Terms is held to be invalid, illegal or unenforceable in any respect, that provision shall be limited or eliminated to the minimum extent necessary so that these Referral Program Terms otherwise remain in full force and effect and enforceable.
Right to Cancel Referral Program or Change Terms
Milk Bar reserves the right to cancel the Milk Bar Referral Program or to change these Referral Program Terms & Conditions at any time in its sole discretion, with or without notice, and will not be liable to you or your Friends in the event of any modification, suspension or discontinuance of the Program. Any unclaimed referral rewards may be subject to forfeiture at such time as determined by Milk Bar. Your participation in the Referral Program constitutes your acceptance of these Referral Program Terms and Conditions, as the same may be modified by Milk Bar from time to time.
Credit Expiration
Credits must be used within 12 months from the date of issuance or they will expire.
