These Terms, together with any appendices, addenda, order forms, attachments, schedules, policies and exhibits attached hereto, all of which are incorporated by reference, sets forth the entire understanding of the Parties hereto with respect to the transactions contemplated hereby. Any and all previous agreements and understandings between or among the Parties regarding the subject matter hereof, whether written or oral, are superseded by these Terms. If any part of the Agreement held to be invalid or unenforceable, the rest of the Agreement remains in full force and effect. The rights, obligations and commitments under these Terms that by their nature would logically continue after the termination of the Agreement, including dispute resolution, limitation of liability, no class action, no jury trial, payment obligations, etc., shall survive the termination of the Services.
MOOLAH WIRELESS REFER-A-FRIEND PROGRAM TERMS AND CONDITIONS
Moolah Wireless may, from time to time, offer users of the Moolah Wireless Lifeline Service the opportunity to earn rewards by referring friends to try the Moolah Wireless Lifeline Service (“Moolah Wireless Refer-a-Friend® Program” or “the Program”). Moolah Wireless and its designees reserve the right to terminate the Program at any time for any reason.
These Terms and Conditions shall apply to a user’s participation in the Program. By participating in the Program, users agree to use the Program in the manner specified in the Terms and Conditions. If you do not agree to these Terms and Conditions in their entirety, you are not authorized to register as a referrer or to participate in the Program in any manner. Users may not participate in a Program where doing so would be prohibited by any applicable law or regulations.
In addition, personal information may be used by Moolah Wireless to contact Users with regard to their participation in the Program and to receive advertisements and/or communications from Moolah Wireless. When a User provides personal information about his/her friends, family members, or colleagues to receive communications via the Program, the provided personal information will be used by Moolah Wireless for sending these communications on behalf of the User. The User understands that Moolah Wireless may send out additional follow-up communications on behalf of the User to encourage or remind their friends, family members, or colleagues to complete the registration process, and for third party advertisement.
2.How the Program Works
To participate, visit www.QLinkWireless.com and follow the on-screen instructions to refer as many friends, family members, or colleagues as you wish to the Q-Link Wireless Lifeline Program by entering the friends’ names and email addresses in the “Refer-A-Friend” box.
Users who refer are called “Referrers”; individuals who are referred are called “Referees.” For every Referee (defined below), the Referrer may be eligible to receive “Reward(s)” (also defined below), provided Referrer is otherwise eligible under, and fully compliant with, these Terms and Conditions. We reserve the right to modify or amend at any time these Terms and Conditions and the methods through which Rewards are earned. We reserve the right to disqualify any User at any time from participation in the Program if he/she does not comply with any of these Terms and Conditions.
Referrers must be legal residents of the 50 United States, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, or Guam who:
1. Are current Moolah Wireless Lifeline Subscriber who maintains Lifeline eligibility at the time of the referral and at the time the Reward Credit is given;
2. Are 18 years of age or older.
3. Have the legal right to provide the personal information (e.g.: name and email address) of each Referee.
4. Are not currently employed by Moolah Wireless, are immediate family members of Moolah Wireless employees, or Moolah Wireless Released Parties, or their subsidiaries, affiliates, or promotional agencies.
Referrers may only refer third-party individuals who meet the requirements of these Terms and Conditions.
Credit can only be awarded for “Qualified Referrals.” A Qualified Referral means that all the following conditions are met:
1. The Referee completed the registration process by signing up over the phone or online at QLinkWireless.com;
2. The Referrer and the Referee are both qualified for Moolah Wireless Lifeline at the time of referral and at the time Reward Credit is given;
3. The Referee was not previously registered with the Moolah Wireless Lifeline Service under any email address or alias;
4. The Referrer and the Referee are both legal residents of the 50 United States, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, or Guam, and are 18 years or older;
5. Only one Qualified Referral can be earned for each Qualified Referee. Any additional participation in the MOOLAH WIRELESS Lifeline Services or subsequent purchases made by the Referee will not be counted as Qualified Referrals;
6. Both the Referee and the Referrer meet all requirements set forth by Moolah Wireless and rules of the Lifeline program as set forth by federal and state agencies.
Referrer shall receive various promotional credits from Moolah Wireless in the form of free or discounted services, at MOOLAH WIRELESS’s sole discretion. All credits exclude applicable surcharges, fees, and taxes. Credit(s) have no cash value, are non-refundable, and non- transferable. If either Referrer or Referee cancels before 90 days from the date the Referee subscribes to Moolah Wireless Lifeline Service, this will result in the loss of and/or chargeback of associated credits.
The offer is good while supplies last. Certain types of referrals, including but not limited to referring oneself or someone living in the same residence as Referrer, are prohibited. Moolah Wireless purchases made at retail are not eligible for Refer-A-Friend® program. Moolah Wireless customers who have cancelled service within the last 90 days are not eligible for this offer.
Credits are subject to verification. Moolah Wireless and its designees may withhold a Credit for investigation or refuse to process any transaction Moolah Wireless deems fraudulent, suspicious, in violation of these Terms and Conditions, or may impose liability on Moolah Wireless, its subsidiaries, affiliates, or any of their respective officers, directors, employees, representatives, and agents. Credit and/or Rewards are not transferable and may not be auctioned, traded, bartered, or sold. Upon termination of the Program or any portion thereof for any reason, or upon cancellation of a Referrer’s Moolah Wireless account for any reason, any unredeemed Credit and/or Rewards accumulated by Referrer are forfeited. Moolah Wireless and its designees’ decisions are final and binding, including decisions as to whether a Qualified Referral Credit is valid.
Messages sent to Referees comport with the requirements of the CAN-SPAM Act. As a result, MOOLAH WIRELESS’s email messages to Referees will:
1. Accurately identify Moolah Wireless as the entity who initiated the message;
2. Identify the message as an advertisement for Moolah Wireless Lifeline Services;
3. Inform the Referee of Moolah Wireless’s valid physical postal address, a post office box registered with the U.S. Postal Service, or a private mailbox registered with a commercial mail receiving agency established under Postal Service regulations;
4. Inform Referee how to opt out of receiving future emails relating to the Program. The message to the Referee will include a clear and conspicuous explanation of how the Referee can opt out of getting email in the future, including the option to stop all commercial messages from Moolah Wireless; and
5. Honor opt-out requests received within ten (10) business days if received by Moolah Wireless within thirty (30) days of the date when the original message was sent. Once a Referee opts-out Moolah Wireless will not sell or transfer the Referee’s email addresses, even in the form of a mailing list, except for purposes of complying with the CAN-SPAM Act.
By participating in the Program, Users agree: (a) to be bound by these Terms and Conditions, the decisions of the Moolah Wireless and/or its designees, and the Privacy Policies of Moolah Wireless; b) to release and hold harmless Moolah Wireless and its designees, their respective parent companies, affiliates and subsidiaries, together with their respective employees, directors, officers, licensees, licensors, shareholders, attorneys, and agents including, without limitation, their respective advertising and promotion entities and any person or entity associated with the production, operation, or administration of the Program (collectively, the “Released Parties”), from any and all claims, demands, damages, losses, liabilities, costs, or expenses 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); and (c) to be contacted by Released Parties via email.
The Released Parties reserve the right to make changes or additions to these Terms and Conditions for any reason at any time. Released Parties’ failure to enforce any term of these Terms and Conditions shall not constitute a waiver of that provision.
The Released Parties shall not be liable for: (i) late, lost, delayed, stolen, misdirected, incomplete unreadable, inaccurate, garbled or unintelligible entries, communications, or affidavits, regardless of the method of transmission; (ii) telephone system, telephone or computer hardware, software, or other technical or computer malfunctions, lost connections, disconnections, delays, or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to, alteration of, or entry into other materials; (iv) any injuries, losses, or damages of any kind resulting from acceptance, possession, or use of a Reward, or from participation in the Program; or (v) any printing, typographical, administrative, or technological errors in any websites or materials associated with the Program. Released Parties disclaim any liability for damage to any computer system resulting from participating in (or accessing or downloading information in connection with) the Program, and reserve the right, at their sole discretion, to cancel, modify, or suspend the Program should a virus, bug, computer problem, unauthorized intervention, or other causes beyond the Released Parties’ control, corrupt the administration, security, or proper play of the Program.
The Released Parties shall not be liable to any Users for failure to supply any Reward or any part thereof, by reason of any Acts of God, 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(s) to be invalid), equipment failure, threatened terrorist acts, 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.
As a condition of entering the Program, Users agree that under no circumstances will Users be entitled to any awards for any losses or damages, and Users hereby waive all rights to claim punitive, incidental, consequential, and/or any other damages, and waive any and all rights to have damages multiplied or otherwise increased.
Released Parties reserve the right to cancel or suspend this Program for any reason, including if it determine, in its sole discretion, that the administration, security, or fairness of this Program has been compromised in any way.
4. Applicable Law
Any and all disputes, claims, and causes of action arising out of or related to this Program or any prize awarded shall be resolved under Florida law (without reference to its conflicts of laws principles), and participant agrees to submit any dispute to the binding and mandatory arbitration provisions contained in the MOOLAH WIRELESS Terms and Conditions, incorporated herein.
PLEASE READ THIS SECTION CAREFULLY, AS IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE. IT PROVIDES FOR RESOLUTION OF ALL DISPUTES AND CLAIMS THROUGH MANDATORY ARBITRATION FOR ALL CLAIMS RELATING TO THE PROGRAM INSTEAD OF SUING IN COURT IN THE EVENT THE PARTIES ARE UNABLE TO RESOLVE A DISPUTE OR CLAIM. ARBITRATION IS BINDING. THIS ARBITRATION CLAUSE SHALL SURVIVE TERMINATION OF MOOLAH WIRELESS’ AGREEMENT WITH YOU.
Participation in the Program and/or acceptance of a Reward constitutes permission for Moolah Wireless and its designees to use any User’s first and last name, company name, profile information, statements, biographical information, and city and state address for any and all promotional or advertising purposes in connection with the Program, on a worldwide basis, and in all forms of media without review, permission, or further compensation of any amount or kind whatsoever, where permitted by law.
6. Prohibited Conduct
Users agree not to use the Program to:
• Violate applicable law;
• Infringe upon the intellectual property rights of the Moolah Wireless and its designees or any third parties;
• Stalk, harass, or harm another individual;
• Collect or store personal data about other Users;
• Impersonate any person, or otherwise misrepresent the User’s identity;
• Interfere with, disrupt, or violate the Terms and Conditions or servers or networks connected to the Program; or disobey any requirements, procedures, policies, or regulations of such networks;
• Interfere with another User’s use of the Program;
• Attempt to gain unauthorized access to the Program, or to other accounts, computer systems, or networks connected to the Program;
• Transmit any file that contains viruses, worms, Trojan horses, or any other contaminating or destructive features;
• Conduct any activity or solicit the performance of any illegal activity or other activity that infringes the rights of others;
• Resell, barter, trade, auction, or otherwise generate income by providing access to the Program to others.
Moolah Wireless and its designees may prohibit a User from participating in the Program or receiving a Credit or Reward, at their sole discretion, if they determine such User is attempting to undermine the fairness, integrity, or legitimate operation of the Program in any way by cheating, hacking, deception, or any other unfair playing practices or by intending to annoy, abuse, threaten, or harass any other users or representatives of Moolah Wireless and its designees. Use of any automated system to participate is strictly prohibited and will result in disqualification. Users may not enter with multiple or fake email addresses or accounts, use fictitious identities or use any system, bot, or other device or artifice to participate in the Program or receive a Reward. Moolah Wireless and its designees reserve the right to disqualify any User and/or cancel any Reward(s) it finds to be tampering with the entry process or the operation of the Program or violating these Terms and Conditions. Referrals generated by a script, macro, or other automated means will be disqualified. If a solution cannot be found to restore the integrity of the Program, we reserve the right to cancel, change, or suspend the Program.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE PROGRAM. SHOULD SUCH AN ATTEMPT BE MADE, Moolah Wireless and its designees RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
Moolah Wireless LLC is a registered trademark and a subsidiary of Quadrant Holdings Group, LLC.