Terms and Conditions

PSK Referral Program

Progressive Skills, LLC. (“we”, “PSK” or “Agency”) may offer users of our service (“Service”) at any time, the chance to refer friends to try the Service (“PSK Friends Referral Program” or “Program”). We reserve the right to terminate the Program at any time for any reason.

 

Users (defined below) are bound by these Terms and Conditions by participating in the Program. By participating in the Program, Users agree to use the Program in the manner specified in these Terms and Conditions. By not agreeing to the Terms and Conditions stated below, you are not authorized to register as a Referrer (defined below) or participate in the Program in any manner. Users may not participate in the Program when doing so would be prohibited by any applicable laws or regulations.

 

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 Users (defined below) at any time from participation in the Program if he/she does not comply with any of these Terms and Conditions.

I. Age 18 and Above

The Program will not accept anyone to participate under the age of 18 years old.

II. Privacy

Individuals may participate in the Program to recommend services or content made available by the Agency to their friends, family or colleagues (“Users”). Users must submit personal information about themselves and their friends, family members or colleagues, such as name, email, and the service they’re interested in, so that the Agency can enable Users to send referrals. We will use such information to contact Users regarding their participation in the Program and to receive communications from the Agency.

III. How the Program Works

Program participation, generally
To participate, visit www.pskcreative.com/refer and follow the instructions to refer friends, family members or colleagues to the Service by completing the form and click “Submit”.

 

Users who refer are “Referrers.” Individuals who receive a referral are called “Referred Friends.” An “eligible” Referrer who is fully compliant with these Terms and Conditions may receive “Reward(s)” for every “Qualified Referral.”

 

Eligible referrer

To be “eligible,” a Referrer must:

  1. be a legal resident of the United States; and
  2. be at least 18 years old.

 

Employees or interns of the Agency, its Service Provider or any of its or their subsidiaries, affiliates or promotional agencies, and those living in the same household, are not eligible.

 

Making a referral
Once a referral is made, the individual has become a Referrer and will be provided with an email that allows the Referrer to specify how to apply the Referral Reward (“Credit”).

 

Referrers must respect the spirit of the Program by only referring real individuals who meet the requirements of these Terms and Conditions. Referrers cannot refer themselves. For example, a Referrer may not create multiple or fake accounts or participate in the Program using multiple or fake email addresses or identities.

 

Qualified referrals
A Qualified Referral applies when the following conditions are met:

  1. The Referred Friend was not previously registered with the Service under any email address or alias;
  2. The Referred Friend is a) a legal resident of the United States and b) at least 18 years old; and
  3. Only one Qualified Referral can be earned for each Referred Friend up to a maximum of 50 Referred Friend per calendar year during the operation of the Program. Any additional or subsequent purchases made by a Referred Friend will not be Qualified Referrals.

 

Credit for qualified referrals
Credit can only be awarded for Qualified Referrals.

 

Earning rewards
The Referrer shall receive a unique certificate for each verified Qualified Referral generated by the Referrer. Rewards may be redeemed in various forms at the Agency’s sole discretion. The details of the Reward for each referral will be specified in an email sent to the Referrer. Restrictions may apply.

 

Verified qualified referrals
Rewards are subject to verification. The Agency may delay a Reward for the purposes of investigation. We may also refuse to verify and process any transaction the Agency’s sole discretion, to be fraudulent, suspicious, in violation of these Terms and Conditions, or believes will impose potential liability on Agency, its subsidiaries, affiliates or any respective officers, directors, employees, representatives and agents. All of the Agency’s decisions are final and binding, including decisions as to whether a Qualified Referral, Credit or Reward is verified.

 

Transfer and value of credit and rewards
Credit and Rewards are not transferable and may not be auctioned, traded, bartered or sold. It does not apply to previous Services or offers. Upon termination of the Program, or any portion thereof, for any reason, any unredeemed Credit and Rewards accumulated by the Referrer are forfeited.

IV. Liability

By participating in the Program, Users agree to:

  1. be bound by these Terms and Conditions, the decisions of the Agency;
  2. defend, indemnify, release and hold harmless the Agency, 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, actions, 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
  3. be contacted by the Agency via e-mail or phone.
    • Agency shall not be liable for:
      • late, lost, delayed, stolen, misdirected, incomplete, unreadable, inaccurate, unreliable, garbled or unintelligible entries, communications or affidavits, regardless of the method of transmission;
      • telephone systems, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors;
      • data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials;
      • any injuries, losses or damages of any kind resulting from acceptance, possession or use of a Reward, or from participation in the Program, that were not reasonably foreseeable to the Agency at the relevant time;
      • any printing, typographical, administrative or technological errors on any websites or materials associated with the Program; or
      • claims, demands, and damages in disputes among Users of the Program.
    • The Agency disclaims any liability for damage to any computer system resulting from participation in, or accessing or downloading information in connection with the Program, and reserves 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 Agency’s control, corrupt the administration, security or proper running of the Program.
    • The Agency shall not be liable to any Users for failure to supply any Reward, or any part thereof, by reason of any act(s) of God, any 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.
    • The Agency reserves the right to cancel or suspend the Program should it determine, at its sole discretion, that the administration, security or fairness of the Program has been compromised in any way.
  4. Conduct
    • If a solution cannot be found to restore the integrity of the Program after the occurrence of prohibited conduct, we reserve the right to cancel, change, or suspend the Program.
    • Prohibited conduct, generally; users agree not to use the Program to:
      • Violate applicable law;
      • Infringe the intellectual property rights of the Agency, its Service Provider or any third parties;
      • Stalk, harass, or harm another individual;
      • Collect or store personal data about other Users;
      • Impersonate any person or otherwise misrepresent 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, 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 illegal 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
    • Buck distribution (“spam”)
      • If a Referrer provides a Personal Link to a Referred Customer by email, the email must be created and distributed in a personal manner that is appropriate and customary for communications with friends, colleagues and family members. By submitting the email addresses, the Referrer represents that he/she has their prior consent.
      • Bulk email distribution, distribution to strangers, or any other promotion of a Personal Link in a manner that would constitute or appear to constitute unsolicited commercial email or “spam” at the Agency’s sole discretion is expressly prohibited and may be grounds for immediate termination of the Referrer’s account and deactivation of the Personal Link. We have a no-tolerance spam policy. The Agency has no obligation to monitor the content provided by Users; however, the Agency may choose to do so and block any email messages, remove any such content, or prohibit any use of the Program.
      • Each Referrer is the actual sender of the emails and must comply with applicable law. Referrers who do not comply with the law, including anti-spam laws, are obligated to indemnify the Program Entities against any liabilities, costs and expenses it incurs as a results of such spam.
    • Fraudulent and suspicious behavior
      • The Agency may prohibit a User from participating in the Program or receiving a Credit or Reward, at their sole discretion, if they determine a 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 intending to annoy, abuse, threaten or harass any other users or representatives of the Agency.
      • Use of any automated system, script, or macro to participate is strictly prohibited and will result in disqualification. Users may not enter with multiple or fake emails 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.
      • The Agency reserves the right to disqualify any User and/or cancel any Reward(s) if they find a User to be tampering with the entry process or the operation of the Program or violating these Terms and Conditions.
      • 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, THE AGENCY RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
  5. Content Ownership and Use
    • The online platform and the Program contain content that includes: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other content (collectively, “Content”). As between the User and the Agency, all Content is the property of the Agency or its licensors and is protected under copyright, trademark, and other laws. The compilation (meaning the collection, arrangement, and assembly) of all Content on the online platform or Program is the exclusive property of the Agency and is protected by copyright, trademark, and other laws.
    • License to you
      • The Agency authorizes you, subject to these Terms, to access and use the online platform, Program, and the Content solely for your personal, non-commercial use. This license is revocable at any time without notice and with or without cause. Unauthorized use of the Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original Content on any copy you make of it.
  6. Disclaimer of Warranties
    • Users expressly understand and agree that: (a) your use of the program is at your sole risk, the program is provided on an “as is” and “as available” basis and the Agency expressly disclaims all warranties, conditions and terms (collectively, “promises”) of any kind, whether express or implied by statute, common law or custom, including, but not limited to, warranties as to products or services offered through the use of the program, implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, and non-infringement; (b) the Agency makes and gives no warranty that (i) the program will meet your requirements, (ii) be uninterrupted, timely, secure, or error-free, (iii) the results obtained from the use of the program will be accurate or reliable, (iv) the quality of any products, services, information, or other material obtained by you through the program will meet your expectations, and (v) any errors in the service will be corrected; and (c) any material downloaded or otherwise obtained through the use of the program is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from the download or use of any such material.
  7. Limitation of Liability and Indemnification
    • You expressly understand and agree that the Agency, including any vendors and service providers associated with or assisting in providing the program, shall not be liable to you for any direct, indirect, incidental, special, consequential, or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Agency was advised of the possibility of such damages), resulting from: (i) the use or the inability to use the program; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services obtained or messages received or transactions entered into through, from, or as a result of the program; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on or through the program; or (v) any other matter relating to the program. some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. accordingly, some of the above limitations in this paragraph may not apply to you. to the fullest extent possible by law, the Agency’s, including any vendors and service providers, maximum liability arising out of ,or in connection with, the program, regardless of the cause of action (whether in contract, tort, breach of warranty, or otherwise), will not exceed $100.
    • Users should use the program at their own risk.
  8. Suggestions and Submissions
    • The Agency appreciates hearing from Users and welcomes your comments regarding the Program. If you send the Agency creative ideas, we:
      • Shall own, exclusively, all now known or later discovered rights to the creative ideas;
      • Shall not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any creative ideas; and
      • Shall be entitled to unrestricted use of the creative ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
  9. General Terms
    • These Terms constitute the entire agreement between Users and the Agency concerning Users’ use of the Program. The failure of the Agency to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. The section titles in these Terms are for convenience only and have no legal or contractual effect. A person who is not a party to these Terms shall have no right to enforce or receive the benefit of any of these Terms.

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