Davines North America Inc. (“we”, “Davines” or “Company”) is offering you the opportunity to refer friends via a Referral Program (“Referral Program”) offered on the web site located at https://us.davines.com/pages/termini-e-condizioni, as such may be modified by us from time to time (together, the “Davines’ Terms”). By using the Site or participating in the Program, you are bound by the Davines’s Terms and indicate your agreement to them. All of the Company's decisions are final and binding. In particular, the personal information collected, processed and used as part of the Referral Program shall be subject to the Company’s Privacy Policy available at https://us.davines.com/pages/privacy-policy.
How the Referral Program Works. You must be a legal resident of the United States of America and at least 18 years old to use the Site and participate in the Referral Program. Next, you must visit the Site and follow the on-screen instructions to refer friends, family members or colleagues. Users may refer a maximum of 25 friends, family members or colleagues during each session and a maximum of 500 times throughout the entirety of the Referral Program but we reserve the right to unilaterally increase or decrease these numbers in our sole discretion without any liability to you or any third party. Once an individual makes a referral, he/she becomes a “Referrer” and will be provided with a unique referral link (“Personal Link”) that allows him/her to receive the benefit or reward advertised on the Site. Referred friends (“Friends”) must complete the referral as described in the referral message. You can only invite your Friends through one of the invitation mechanisms that we provide through the Referral Program or on our social media platforms (each, an “Authorized Invitation”).
Restrictions. Referrers cannot refer themselves or create multiple, fictitious or fake accounts with the Company or participate in the Referral Program as “Friends”. No user may use the Referral Program to violate any law, infringe or violate the rights of any third party, or otherwise act in a manner that is deemed harassing, harmful, illegal, hateful, obscene or outside the spirit and intent of the Referral Program. In addition, you may not (i) tamper with the Referral Program, (ii) act in an unfair or disruptive manner, or (iii) use any system, bot or other device or artifice to participate or receive any benefit in the Referral Program. [This includes but is not limited to a general prohibition on posting of your Personal Link or any other referral codes on any website or social media platform which offers your Personal Link to anyone other than the Friends you referred to us on the Site if we determined in our sole discretion that your posting circumvents the spirit and intent of the Referral Program.] may not instruct anyone through online posts or otherwise to commit fraud, increase your rewards or circumvent the spirit and intent of the Referral Program. You may not share your Personal Link in any other manner that is not authorized by us. You may not conduct your own promotion in connection with the Referral Program. You may not engage in any promotional, marketing, or other advertising activities on behalf of the Company or any other third parties, including the use of any trademarks of the Company, its affiliates or other third parties. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE REFERRAL PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE COMPANY RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
Employees of the Company or any of its or their subsidiaries, affiliates or promotional agencies are not able to participate.
We reserve the right to void referrals and rewards if we suspect that the referrals or rewards were earned in a fraudulent manner, in a manner that violates any of Davines’ Terms (particularly these Referral Terms), or in a manner otherwise not intended by the Company. If we believe that a Personal Link was used in such a manner, we have the right to remove all rewards associated with that account or Personal Link and remove you from the Referral Program.
The Referral Program is void where prohibited by law.
Rewards. By making a valid referral, you will receive and your Friend will receive . These rewards may be redeemed in various forms in the Company's sole discretion. Restrictions for such redemption may apply. For example, there may be a limitation on the number of referrals you can make, or if the reward is in the form of a gift card, gift certificate or voucher, it may be subject to the issuer’s terms and conditions. Rewards are subject to verification. The Company may delay a reward for the purposes of investigation and verification. The Company may also refuse to verify and process any transaction for any reason without liability to you or any third party.
You will only earn rewards for Friends who are not existing customers of the Company or any of its affiliates and who are first-time customers as a result of your referral. You will not earn rewards based on invitations that are not Authorized Invitations. You will only receive rewards for each of your Friends’ first qualifying purchase (as described on the Site, Authorized Invitation or elsewhere as we determine in our sole discretion) made as a result of your Authorized Invitation within six (6) months from the date that you sent the Authorized Invitation. If your Friend does not follow the directions in the Authorized Invitation, you may not receive any rewards.
Unless otherwise stated, rewards have no monetary value and may not be redeemed for cash. They are not transferable and may not be auctioned, traded, bartered, sold, or pooled with other members.
Should there be any tax liability for the accumulation and/or use of the rewards, such taxes are your sole responsibility. You understand that the statistics that you may receive from us or a service provider may not accurately reflect the rewards you have actually earned. In no event shall the Company be liable for any errors in such statistics.
Liability. Notwithstanding anything to the contrary in any other portion of the Davines’ terms, YOU UNDERSTAND AND AGREE THAT THE RELEASED PARTIES (DEFINED BELOW) 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 COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). By participating in the Referral Program, you agree to defend, indemnify, release and hold harmless the Company, Extole, Inc., as the provider of the referral service, and 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 Referral 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 the Referral 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 any benefit in the Referral Program. To be clear, the Released Parties shall not be liable for any technical errors or malfunctions, data theft or corruption, any printing or typographical error, or any damage to any computer system resulting from participating in, or accessing or downloading information in connection with the Referral Program. The Released Parties shall not be liable to any users for failure to supply any advertised benefit, by reason of any acts of God, any action or request by any governmental or quasi-governmental entity (whether or not valid), or any other activity or action that is beyond any of the Released Parties’ control. TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE REFERRAL PROGRAM, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100 IN THE AGGREGATE.
Disclaimer of Warranties. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN ANY PORTION OF THE DAVINES’S TERMS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) THE REFERRAL PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS AND TERMS 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 REFERRAL PROGRAM, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE AND GIVE NO WARRANTY THAT (i) THE REFERRAL PROGRAM WILL MEET YOUR REQUIREMENTS, (ii) THE REFERRAL PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, AND (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE REFERRAL PROGRAM WILL MEET YOUR EXPECTATIONS, AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE REFERRAL 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.
CAN-SPAM Act, FTC Regulations. Each Referrer shall be deemed as the actual sender of the emails and must comply with applicable law, rules and regulations (the “Applicable Laws”) including but not limited to the CAN-SPAM Act and regulations by the Federal Trade Commission (e.g., Endorsement Guides). Referrals must be created and distributed in a personal manner that is appropriate and customary for communications with friends, colleagues and family members. By submitting any email address as part of the Referral Program, the Referrer represents that he/she has the appropriate permission and consent. Bulk email distribution, distribution to strangers, or any other use of the services described herein in a manner that violates these Referral Terms, any applicable law, rule or regulation is expressly prohibited and may be grounds for immediate termination and further legal action. The Company has no obligation to monitor the Referral Program or any communications; however, the Company may choose to do so and block any email messages, remove any such content, or prohibit any use of the Referral Program. Referrers who do not comply with the Applicable Laws shall indemnify the Released Parties against any liabilities, costs and expenses it incurs as a results of such non-compliance.
Sign-In Credentials. Users are responsible for maintaining the confidentiality of any sign-in credentials and are fully responsible for all activities that occur through the use of them. Users agree to notify the Company immediately if they suspect unauthorized access to their account or Personal Link. Users agree that the Company will not be liable for any loss or damage arising from unauthorized use of their credentials.
Right to Cancel, Modify or Terminate. We reserve the right to cancel, modify or terminate the Referral Program at any time for any reason. We reserve the right to disqualify any user at any time from participation in the Referral Program if he/she does not comply with any of these Referral Terms.
Employees of the Company or any of its or their subsidiaries, affiliates or promotional agencies are not able to participate.
We reserve the right to void referrals and rewards if we suspect that the referrals or rewards were earned in a fraudulent manner, in a manner that violates any of Davines’ Terms (particularly these Referral Terms), or in a manner otherwise not intended by the Company. If we believe that a Personal Link was used in such a manner, we have the right to remove all rewards associated with that account or Personal Link and remove you from the Referral Program.
The Referral Program is void where prohibited by law.
You will only earn rewards for Friends who are not existing customers of the Company or any of its affiliates and who are first-time customers as a result of your referral. You will not earn rewards based on invitations that are not Authorized Invitations. You will only receive rewards for each of your Friends’ first qualifying purchase (as described on the Site, Authorized Invitation or elsewhere as we determine in our sole discretion) made as a result of your Authorized Invitation within six (6) months from the date that you sent the Authorized Invitation. If your Friend does not follow the directions in the Authorized Invitation, you may not receive any rewards.
Unless otherwise stated, rewards have no monetary value and may not be redeemed for cash. They are not transferable and may not be auctioned, traded, bartered, sold, or pooled with other members.
Should there be any tax liability for the accumulation and/or use of the rewards, such taxes are your sole responsibility. You understand that the statistics that you may receive from us or a service provider may not accurately reflect the rewards you have actually earned. In no event shall the Company be liable for any errors in such statistics.