Updated August 2021
Subject to these Referral Program Terms and Conditions (“Terms”), the FLOWER CO. Referral Program (the “Program”) offers eligible referrers (“you” or “Referrer”) the opportunity to earn credit (“Referral Rewards”) by referring friends (“Referred Friends”) who (i) are individuals that comply with the eligibility requirements set forth below, (ii) have not previously created an account on flowercompany.com or made any purchases from flowercompany.com, and (iii) make either a “Qualifying Purchase” (as defined below) on flowercompany.com. To trigger Referral Rewards and earn store credit (“Referral Rewards”), Referred Friends must use your active personalized link (“Personal Link”) to make Qualifying Purchases pursuant to the terms set forth below.
To participate as a Referrer, access your account, successfully complete at least one delivery, and get your Personal Link at flowercompany.com/refer.
By (i) sharing a Personal Link issued through the Program, clicking a button, or taking another action to signify your acceptance of these Terms, (ii) participating in the Program, or (iii) claiming or accepting any benefits from the Program, including any Referral Credits or Referral Rewards, you accept these Terms and all terms incorporated by reference as described below. If you do not agree to be bound by these Terms, you may not participate in the Program.
Participation in the Program and the opportunities to share a Personal Link, earn Referral Rewards, and redeem Referral Credits are offered at the sole discretion of FLOWER CO. (“FLOWER CO.”) and are subject to your compliance with these Terms and FLOWER CO.’s Terms of Use (“Terms of Use”). FLOWER CO. MAY LIMIT, SUSPEND, OR TERMINATE YOUR ABILITY TO PARTICIPATE IN THE PROGRAM IN ITS SOLE AND ABSOLUTE DISCRETION AT ANY TIME WITH OR WITHOUT PRIOR NOTICE TO YOU.
1. ELIGIBILITY
1.1. To be eligible to participate in the Program, Referrers and Referred Friends must be California residents who are at least twenty-one (21) years of age, reside in a location where cannabis product delivery is legally permitted at the time of participation, and have a valid, current driver’s license or photo identification card issued by the State of California (“Eligible California ID”).
1.2. You may only participate in the Program through your use of a single FLOWER CO. account. You are responsible for all uses of your FLOWER CO. account and for maintaining the currency and accuracy of the e-mail address and any other contact information stored in your account. The creation or use of multiple accounts, e-mail addresses, online identities or aliases to circumvent the single-account restriction or any other requirement or limitation specified in these Terms is prohibited and may result in your exclusion from the Program and the cancellation of all related Personal Links, Referral Credits, and Referral Rewards. FLOWER CO. may, in its sole discretion, suspend, cancel or combine any accounts that appear to be duplicative. FLOWER CO. is not liable for Referral Credits or Referral Rewards sent to suspended or terminated or inaccurately entered e-mail addresses.
2. SHARING YOUR PERSONAL LINK
2.1. The Program is intended only for your personal, noncommercial use and for engaging your network of friends, family members, and personal connections. The Program cannot be used by businesses or for affiliate lead generation or similar purposes, as determined in FLOWER CO.’s sole discretion. The sharing of a Personal Link outside of your network of personal connections is prohibited.
2.2. When sharing your Personal Link, you agree that you will always tell your Referred Friends that you will receive a reward from FLOWER CO. if they make their first Qualifying Purchase using your link. You agree that you will not make any misrepresentations concerning FLOWER CO. or the Program. You acknowledge that FLOWER CO. may cancel or change the Program at any time in its discretion, and therefore you shall not represent that any terms or benefits of the Program (e.g., amount of credit, expiration date, etc.) are permanent or cannot change.
2.3. You agree that you will only distribute your Personal Link free of charge. You may not sell, trade, or barter any benefits you obtain from this Program under any circumstances. Except for the benefits set forth in these Terms, you may not pay or provide anything of value to a Referred Friend or any other third party to obtain benefits under this Program.
2.4. Your Referred Friends must click through your Personal Link while making their first Qualifying Purchase. If a Referred Friend does not click through your Personal Link, you will not receive any Referral Rewards because FLOWER CO. cannot reliably determine that the Referred Friend’s purchase resulted from your referral. In the event that multiple persons claim credit for a particular referral, the records on FLOWER CO.’s systems will determine which person earned such referral and FLOWER CO.’s decisions will be final and binding.
2.5. Any distribution of your Personal Link that could constitute "spam" under any applicable law or regulation is expressly prohibited. FLOWER CO. reserves the right to deactivate any Personal Links distributed through unauthorized channels and to revoke all related Referral Rewards and Referral Credits.
2.6. You agree to at all times remain compliant with all applicable laws, including the CAN-SPAM Act of 2003 and the Telephone Consumer Protection Act of 1991. You agree not to create or use any script, program, bots, automatic dialers, or other automated systems to facilitate the sending of invitations or communications relating to the Program to any person.
2.7. FLOWER CO. reserves the right, in its sole discretion, to deactivate any Personal Link (and void all associated Referral Credits and Referral Rewards) which it deems, in its sole discretion, to be used in violation of these Terms or in association with content that FLOWER CO. deems offensive or inappropriate in its sole discretion. Without limiting the foregoing, such content includes all forms of pornography, obscenity, indecent language and content that incites hate, is demeaning, disparages or damages the goodwill, reputation, or brand image of FLOWER CO., or incites or endorses discrimination in any form.
3. EARNING REFERRAL CREDIT
3.1. Referrers can earn Referral Rewards each time a Referred Friend makes a Qualifying Purchase.
A. “Qualifying Purchase” is an order that is successfully completed by a Referred Friend through flowercompany.com on or after August 15, 2021. An order is successfully completed when (a) the Referred Friend places an order with more than $100 of product value before discounts, (b) FLOWER CO. successfully delivers the ordered product to the Referred Friend, (c) the Referred Friend has fully paid FLOWER CO. for the product in-person in United States dollars, and (d) the Referred Friend has presented FLOWER CO. with their Eligible California ID. FLOWER CO. is not responsible for any delay or failure to deliver ordered products for any reason.
3.2. For every Referred Friend that completes a Qualifying Purchase, FLOWER CO. will award Referrer a Referral Reward of $42 in store credit.
3.3. You cannot refer yourself to earn Referral Rewards or obtain Referral Credit. Purchases by Referred Friends who share your phone number, e-mail address or delivery address information will not generate Referral Rewards and such purchasers may not use any Referral Credits.
3.4. Purchases by Referred Friends who have previously made any purchase, delivered or otherwise, from flowercompany.com under any name, account, e-mail address, phone number, or alias are not considered Qualifying Purchases and will not earn Referral Rewards. Any Referral Rewards issued in circumstances in which they would be invalid pursuant to these Terms are void.
4. USING REFERRAL CREDITS AND RELATED RESTRICTIONS
4.1. Each Referred Friend will receive a Referral Credit of $42.
4.2. Referral Credit will be automatically applied to a Referred Friend’s account when they click through an active Referrer’s Personal Link and create an account.
4.3. Referral Credits may only be redeemed for orders placed on flowercompany.com. Referral Credits cannot be combined with any other discount or promotional links or credits. A Referral Credit can only be used on an order with more than $100 in product value. Only one Referral Credit can be used on an order.
4.4. Referral Rewards are promotional in nature, are not transferable, have no cash value, and cannot, under any circumstances, be redeemed for gift cards, cash or any cash equivalent. Without limiting the generality of the foregoing, Referral Rewards may not be combined among participants or conveyed by any means to anyone, including upon death through a Program participant’s estate, as part of a divorce or domestic relations matter, or otherwise.
5. ADDITIONAL TERMS
5.1. Any Qualifying Purchases or Referral Rewards that cannot be verified to the satisfaction of FLOWER CO. are subject to adjustment, cancellation, disqualification, or revocation at our sole discretion.
5.2. FLOWER CO. will not be liable for the failure of any Referral Rewards to be accurately issued or redeemed for any reason, including, but not limited to, any technical malfunction or other problems relating to any network, computer system, servers, access providers, computer equipment or software.
5.2. FLOWER CO. reserves the right, in our sole and absolute discretion, to (i) investigate, invalidate, and revoke any Referral Rewards we deem to have been issued in error, or as the result of any violation of these Terms, or as the result of any actual or suspected fraudulent or improper activity (including without limitation, acceptance of any product orders on behalf of another person; the use of false, expired, or otherwise invalid identification information; or the use of any system, macro, script, bot or fake email address to manipulate the Program) and (ii) bar further Personal Links and Referral Rewards from being sent by, and Referral Rewards from being issued to, any Referrers associated with any actual or suspected fraudulent or improper activity or violations of these Terms. If FLOWER CO. has any reason to suspect improper activity associated your participation in the Program, FLOWER CO. reserves the right to delay or withhold the issuance of any related Referral Rewards. FLOWER CO. further reserves the right to terminate your Program account and deactivate, cancel, or revoke any related Personal Links and Referral Rewards if FLOWER CO. suspects that you (or any Referred Friend you refer to FLOWER CO.) has used or attempted to use the Program in a fraudulent or abusive manner or in violation of these Terms, FLOWER CO.’s Terms of Use, or applicable law. In the event that your participation in the Program is terminated, you will not be able to redeem any accumulated Referral Rewards or obtain any Referral Rewards and you are not permitted to re-enroll in the Program without the prior written consent of FLOWER CO.
6. MISCELLANEOUS
6.1. Any disputes related to these Terms and the subject matter herein will be resolved pursuant to the dispute resolution terms of FLOWER CO.’s Terms of Use. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will remain enforceable and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Any waiver or failure to enforce any provision of these Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. You may not assign any rights or obligations under these Terms, in whole or in part, without the written consent of FLOWER CO.. FLOWER CO. may freely assign or transfer these Terms. Any assignment or transfer in violation of the foregoing is void. These Terms are the final, complete and exclusive Terms between you and FLOWER CO. with respect to the subject matters hereof and supersedes and merges any discussions between you and FLOWER CO. with respect to such subject matters. If you are dissatisfied with any aspect of the Program at any time, your sole and exclusive remedy is to cease participating in the Program.
7. RIGHT TO CANCEL PROGRAM AND CHANGE TERMS
7.1. FLOWER CO. RESERVES THE RIGHT TO MODIFY AND/OR TERMINATE THE PROGRAM AND/OR MODIFY ALL OR ANY PORTION OF THESE TERMS OR ANY POLICY PERTAINING TO THE PROGRAM AT ANY TIME AND IN OUR SOLE DISCRETION, INCLUDING, WITHOUT LIMITATION, THE RIGHT TO DISCONTINUE OR CHANGE ANY PROGRAM BENEFITS OR EXPIRATION DATES FOR REFERRAL CREDITS AND RELATED LINKS RECEIVED THROUGH THE PROGRAM, MERGE THE PROGRAM WITH ANOTHER REWARDS PROGRAM, OR TO ADJUST HOW REFERRAL REWARDS AND/OR REFERRAL CREDITS ARE EARNED, CALCULATED OR REDEEMED. IT IS POSSIBLE THAT YOU MAY BE UNABLE TO REDEEM ACCUMULATED REFERRAL CREDITS AS A RESULT OF FUTURE PROGRAM CHANGES OR IF WE DISCONTINUE THE PROGRAM OR MERGE THE PROGRAM INTO ANOTHER REWARDS PROGRAM. IF WE MAKE CHANGES, WE WILL POST THE AMENDED TERMS TO OUR WEBSITE AND UPDATE THE “EFFECTIVE DATE” ABOVE. WE MAY ALSO ATTEMPT TO NOTIFY YOU IN OTHER WAYS. UNLESS WE SAY OTHERWISE, THE AMENDED PROGRAM TERMS WILL BE EFFECTIVE IMMEDIATELY AND YOUR CONTINUED PARTICIPATION IN THE PROGRAM AFTER THE AMENDED TERMS ARE POSTED WILL CONFIRM YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO THE AMENDED PROGRAM TERMS, YOU MUST STOP PARTICIPATING IN THE PROGRAM.
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