These Referral Terms relate to Fragment Media Group properties and partners to include:
- The Daily Dot
These properties and partners (“Site(s)”) and related newsletter programs operate independently, but similarly, thus the following Referral Terms apply uniquely to each program.
By referring a new subscriber to a newsletter program or otherwise participating in the Program, the participant agrees to these Referral Terms. We reserve the right to disqualify any user from participating in the Program at any time at our sole discretion. A violation of these Referral Terms may result in your disqualification and/or a forfeiture of all Qualifying Referrals (defined below) and/or Rewards (defined below) previously earned through the Program. We reserve the right to revoke any Qualifying Referral and/or Reward, or otherwise disqualify any Ambassador (defined below) or Referred Subscriber (defined below), in the event of any suspected fraud or violation of these Referral Terms.
Those who qualify as Ambassadors (defined below) can refer eligible friends and family to subscribe to the site’s Newsletter (“Newsletter”) by using the Site (defined below) to share a unique Referral Code (defined below). Ambassadors earn Rewards (defined below) based on the number of Qualifying Referrals (defined below) made, as further described below.
The Program is open only to current Newsletter subscribers who: (i) reside in the 50 United States or DC; (ii) have a Fragment Media Group account in good standing; (iii) are at least 18 years of age or older; and (iv) share referral links from the Site (“Ambassador”). Fragment Media Group employees are not eligible to participate.
2. Program Website:
3. Using the Site to Refer New Subscribers:
The Program offers Ambassadors the opportunity to earn rewards based on the number of Qualifying Referrals (defined below) made (“Rewards”). Referrals of potential new subscribers must be initiated via the Site using the Ambassador’s unique Referral Code. The Site provides ambassadors with options for sharing their Referral Code via several channels, including email and social media. Sharing of a Referral Code via any other method or through any means other than through the Site will not count as Qualifying Referrals (defined below). Referral emails will not be sent to recipients who have opted out of receiving emails from the Site. Ambassador must not promote the Program through paid media, such as billboards, banner advertisements, or sponsored search results. Ambassador must not enter into an arrangement with any third party that compensates that third party for promoting the Program or referrals.
4. Qualifying Referrals:
In order to earn Rewards, Ambassadors must make “Qualifying Referrals.” A Ambassador has made a Qualifying Referral when: (1) the Ambassador, using the Site, initiates a referral to a person 18 years or older who uses the Ambassador ’s Referral Code to sign up for a new subscription to the Newsletter (the “Referred Subscriber”); (2) the Referred Subscriber clicks the Ambassador’s Referral Code; (3) the Referred Subscriber subscribes to the Newsletter and accepts all applicable subscription terms and conditions; and (4) the Referred Subscriber maintains the Newsletter subscription for at least 60 days. If a Referred Subscriber’s subscription is terminated within 60 days, the Fragment Media Group has the right in its sole discretion to void the referral (such that it does not constitute a Qualifying Referral) and to rescind any Reward earned or provided in connection with such referral. Referrals by, or subscriptions obtained by, any non-human or fraudulent method, including any “bot” or automated program, are not valid and will not constitute Qualifying Referrals or count toward Rewards. Referrals to existing Newsletter subscribers do not count as Qualifying Referrals or count toward Rewards.
Rewards will be provided only to Ambassadors who, as of the date the Reward is to be provided, are a Newsletter subscriber and have a Fragment Media Group account in good standing. The type of Rewards will be determined by the Fragment Media Group and are subject to change in the Fragment Media Group sole discretion. Rewards are also subject to availability.
Unless otherwise determined by the Fragment Media Group, Rewards will be offered to each Ambassador in the order specified at each Site as the specified quantities of Qualifying Referrals are achieved by the Ambassador. Rewards are based on the total quantity of Qualifying Referrals per Ambassador and are made in the order of the quantity achieved.
7. General Provisions:
The Program is void where prohibited or restricted. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Referral Terms or the respective rights and obligations of the participants and the Fragment Media Group in connection with the Program shall be governed by, and construed in accordance with, the laws of the State of Texas. Any legal proceedings arising out of this Program or relating to these Referral Terms shall be instituted only in the federal or state courts located in Travis County within the State of Texas, waiving any right to trial by jury, and each participant consents to jurisdiction therein with respect to any legal proceedings or disputes of whatever nature arising under or relating to any of the foregoing. In the event of any conflict between these Referral Terms and any Program information provided elsewhere (including but not limited in advertising or marketing materials), these Referral Terms shall prevail. The Fragment Media Group reserves the right to modify, substitute, or otherwise change Rewards, Qualifying Referral criteria, and/or eligibility criteria under the Program, and to alter, modify, suspend, limit, or terminate the Program or any component thereof or these Referral Terms at any time in its sole discretion and without notice to you. The Fragment Media Group has the right to modify these Referral Terms at any time in its sole discretion, including without limitation if a virus, technical problem, participant fraud, or misconduct or other cause beyond the control of the Fragment Media Group corrupts the administration, integrity, security or proper operation of the Program or if for any other reason the Fragment Media Group is not able to conduct the Program as planned. The Fragment Media Group has the right, in its sole discretion, to disqualify or prohibit from participating in the Program any individual who, in the Fragment Media Group’s sole discretion, the Fragment Media Group determines or believes (i) has tampered with the registration, enrollment and/or subscription process or has undermined the legitimate operation of the Site or the Program by cheating, hacking, deception or other unfair practices, (ii) has engaged in conduct that annoys, abuses, threatens or harasses any other participant or any representative of the Fragment Media Group, or (iii) has attempted or intends to attempt any of the foregoing. You agree the Fragment Media Group will not have any liability for any modification, suspension, or termination of the Program, even if any modification, suspension, or termination affects your ability to obtain any Rewards already earned. Upon termination of the Program, your unused Qualifying Referrals will automatically be canceled, and you will not be permitted to redeem those Qualifying Referrals for Rewards. The Fragment Media Group is not responsible for Qualifying Referrals or Rewards lost due to fraudulent or unauthorized use. You agree not to engage in fraud or abuse in your use of the Program. Any fraud or abuse relating to your accumulation of Qualifying Referrals or Rewards, or submission of referred Newsletter subscribers, may result in the annulment of all Qualifying Referrals and/or Rewards earned under the Program. The Fragment Media Group reserves the right to monitor all Program activity and disqualify you from participating in the Program if it believes, in its sole discretion, that you have violated any terms applicable to the Program, provided false or inaccurate information, or abused the Program. The Fragment Media Group will have final decision in any disputes over Qualifying Referrals, Rewards, and your participation in the Program. By participating in this Program, each participant agrees to be bound by these Referral Terms. These Referral Terms may not be reprinted or republished in any way without the prior written consent of the Fragment Media Group.
By participating in the Program, each participant agrees, to the maximum extent permitted by applicable law, that (a) any and all disputes, claims, and causes of action arising out of or connected with the Program or any Reward will be resolved individually, without resort to any form of class action (Note: Some jurisdictions do not allow restricting access to class actions. This provision will not apply to participants who live in such a jurisdiction); (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in the Program, but in no event attorneys’ fees; (c) under no circumstances will any participant be permitted to obtain any award for, and each participant hereby waives all rights to claim, punitive, special, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses, and (d) each participant’s sole and exclusive remedy with respect to any and all disputes, claims, and causes of action arising out of or connected with the Program or any Reward will be an action at law for the recovery of monetary damages only.