Referral Program Terms and Conditions

Swello, LLC. may, from time to time, offer individuals the opportunity to earn rewards by referring others to sign up for Swello services through our Referral Program ( the “Program”). We reserve the right to terminate the Program at any time for any reason.These terms (the "Terms") apply to a User’s (as defined below) participation in the Program. By participating in the Program, Users agree to use the Program in the manner specified in the Terms. If User does not agree to these Terms in their entirety, such User is 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.

1. PRIVACY.Participation in the Program may require users to submit personal information about themselves or those they refer. The personal information will be collected, stored, processed, and used in accordance with Swello’s Privacy Policy.  Swello does not sell or distribute this personal information to 3rd parties of any kind.

2. HOW THE PROGRAM WORKS.

2.1 Program Participation. In order to participate, you can refer by visiting https://www.swellomarketing.com/refer-a-business or by reaching out to any Swello team member to get started. Users who refer are called "Referrers" and individuals who are referred are called "Referred Friends". For every "Qualified Referral" (defined below), Referrer may be eligible to receive "Reward(s)" (also defined below), provided Referrer is otherwise eligible under, and fully compliant with, these Terms.

2.2 Eligibility Criteria. Referrers must be legal residents of the 50 U.S. states, the District of Columbia and Canada who (a) are 18 years or older and (b) have the legal right to provide the personal information (e.g., name, email address, phone number, and zip code) of each Referred Friend. Referrers cannot be an employee or contractor to Swello. Referrers cannot be engaged by promotional agencies.

2.3 Qualified Referrals. Referrers must respect the spirit of the Program by only referring real third-party individuals who meet the requirements of these Terms. For example, a Referrer may not create multiple or fake accounts with Swello or participate in the Program using multiple or fake email addresses or identities. Rewards can only be awarded for Qualified Referrals. A Qualified Referral means that all the following conditions are met:(a) The Referred Friend must have completed the sales process with Swello and have signed up for and paid for Swello services.(d) Only one Qualified Referral can be earned for each Referred Friend. Any additional or subsequent purchases made by a Referred Friend will not be Qualified Referrals.

2.4 Earning Rewards. Referrer shall receive a Reward as described in Sec 2.5 below for each valid and verified Qualified Referral. Restrictions may apply. Rewards are subject to verification. If a Referred Friend is referred by multiple Referrers, the first Referrer to submit the required information based on the date and time of the submission (as determined by Swello in its sole discretion) shall be the only Referrer entitled to receive the Reward.

2.5 Claiming Rewards. For each Qualified Referral, the Referrer shall be eligible for the benefits set forth below. Swello will determine eligibility for Referrer Fees and other benefits hereunder in its sole discretion. 
For each Qualified Referral that signs on with any Swello recurring Services:Earn a $150 gift cardAdvance to higher reward tiers for additional bonus perks!!At 3 referrals:  Additional $200 gift cardAt 6 referrals:  Swello Swag Bag (T-Shirt, Swello Stickers, other Swello goodies!)At 9 referrals: Additional $200 gift card and a shoutout in our monthly newsletterAt 12 referrals: Custom Skate deck designed by our graphics team.

3. LIABILITY.By participating in the Program, Users agree: (a) to be bound by these Terms and the decisions of Swello with regards to the Program; (b) to release and hold harmless Swello and its parent company, 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 Swello via email, mail and/or phone. Swello reserves the right to make changes or additions to these Terms for any reason at any time. Swello’s failure to enforce any term of these Terms shall not constitute a waiver of that provision.

4. APPLICABLE LAW.This Agreement shall be construed in accordance with the laws of the State of Arizona excluding its conflict of law provisions. User agrees that any dispute arising from this Agreement shall be litigated solely and exclusively in the state or federal courts located in the State of Arizona and hereby consents to the jurisdiction of such courts over itself in any action relating to this Agreement.

5. MODIFICATION, SUSPENSION, DISQUALIFICATION AND TERMINATION.Swello reserves the right to amend or update the Program and these Terms at any time without prior notice. Upon thirty (30) days’ written notice, or immediately upon notice in the case of an emergency, Swello may, at its option, suspend or terminate the Program and these Terms, whether worldwide or in any locations or geographic areas, as determined in Swello’s sole discretion. Upon any suspension or termination of the Program, or the disqualification of a Referrer pursuant to these Terms, (i) Referrer shall immediately cease all promotion of Swello and its products and services; (ii) Swello may market, sell or provide products or services to any third party, without obligation to pay Referrer any Rewards; and (iii) except in the event of a disqualification for Referrer’s breach, Swello will pay applicable Rewards for service agreements which were executed prior to termination or suspension of the Program, in accordance with these Terms.

6. RELATIONSHIP OF THE PARTIES.The parties hereto shall each be independent contractors in the performance of their obligations under these Terms, and nothing contained herein shall be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose. Nothing in these Terms shall be construed as limiting in any manner Swello’s marketing and distribution activities, or its appointment of agents or representatives of any kind.

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