Last Updated March 8, 2022
Fold, Inc. ("we," "us" the "Company") offers you the opportunity to earn rewards by referring friends to sign up for our Fold Card (The "Fold Card"). Your participation in the Fold Referral Program ("Fold Referral Program" or "Program") can earn you rewards. We reserve the right to amend or terminate the Program at any time for any reason.
These terms ("Terms") apply to a User's participation in the Program. By participating in the Program, Users agree to use the Program as outlined herein, and consistent with any other terms we may apply to the Program, including the Terms of Rewards and Terms of Service.
IF YOU DO NOT AGREE TO THIS AGREEMENT, IMMEDIATELY STOP USING THE FOLD APP (“APP”) AND DO NOT USE ANY SERVICE OR PURCHASE OR RECEIVE ANY PRODUCT, GOOD, OR SERVICE OFFERED THROUGH THE THE WEBSITES, MOBILE APPLICATIONS, FOLD PREPAID DEBIT CARD PURCHASES AND OTHER RELATED PROPERTIES (COLLECTIVELY, THE “FOLD PROPERTIES”).
PLEASE REVIEW THE FOLLOWING SECTIONS OF THIS AGREEMENT CAREFULLY: (A) LIABILITY RELEASE AND (B) ARBITRATION CLAUSE AND CLASS ACTION WAIVER DESCRIBED IN SECTION 8 BELOW TO RESOLVE ANY DISPUTES WITH FOLD (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL-CLAIMS COURT).
This Program is void where such referral programs are prohibited. Users who refer others to the program are "Referrers"; those who are referred are "Referred Users." Referrers may be eligible to receive a “Sign-Up Bonus” when a Referred User signs up for a Fold Card and “Squad Earnings” each time a Referred User makes a Qualifying Purchase (the Sign-up Bonus and any Squad Earnings being "Rewards") for every qualified referral. Referrers must be legally able to participate in the Program and must be 1) at least the age of majority where they reside, 2) have an existing, valid Fold user account, and 3) are otherwise in good standing. Users register for the Program when they give their referral link, found in the Fold App, to a potential Referred User. Fold reserves the right to determine if a Referrer's Fold user account is valid based on criteria that includes, but is not limited to, Fold account activity and ownership and business affiliation of the user's registered Fold email address domain. Participation in the Program represents an ongoing relationship with you, for privacy purposes. So long as you remain in the Program, and have an active Fold Account, you will be considered an active member of the Program. Please see Fold’s Privacy Policy for further details on your privacy rights.
To participate, once you have created your Fold App account, visit the “My Spin Squad” page in the Fold App and follow the instructions. You will be provided a link that you can share with your friends and colleagues as much as you want. If a user uses your Personal Link and signs up for a Fold App account, the Referred User will receive a Sign-up Bonus worth 5000 sats on their Fold Reward balance. Additionally, if a Referred User opens a Fold Card account makes a Qualified Purchase, as defined in the Terms of Rewards - Fold Card Addendum with their Fold Card during their first year as a cardholder, the Referrer will automatically receive Squad Earnings, as defined below. Referred Users who signed up prior to the launch of the Program will be grandfathered in, so that their Referrer will be eligible to receive Squad Earnings until the first anniversary of the Program, i.e. March 8, 2023.
From time to time, Referrers may be offered special promotions ("Special Promotion"), and special links ("Personal Bonus Link") to use. These Special Promotions may be offered to some, but not all Users, depending upon your Rewards status, your geographic location, or for other reasons. Such Special Promotions are for a limited time and will give Referrers (and in some cases, Referred Users) additional perks and rewards. Additional terms, including expiration dates for any Special Promotion, will be provided with the Special Promotion. During Special Promotions, Referrers may use either their Personal Link (as defined below), or their Personal Bonus Link, and will receive Rewards based upon the specific link used. Sorry, during any Special Promotion, the Referrer will only receive the identified Rewards outlined in the Special Promotion only if the Referred User completes the task prior to the end date of the Special Promotion period.
Upon signing up for the Fold App, Referrers will be provided with a unique referral link ("Personal Link") that allows Referrers to receive Rewards. Referrers will be able to see the number of eligible Referred Users who have signed up for the Fold App using their Personal Link by visiting the “My Spin Squad” Page.
Sorry, for privacy reasons, we are unable to confirm whether any individual user used a Personal Link to sign-up for the Fold App or a Fold Card.
Referrers must respect the spirit of the Program by not engaging in spamming or other unfair or otherwise problematic practices, including creating fake accounts or harassing potential referral sources. An individual does not become a Referred User until they have successfully opened a Fold App account using a Personal Link.
Rewards will be awarded for Qualified Referrals who meet the following conditions:
Sign-up Bonuses are subject to verification and will generally be conditionally within 60 days of verification. Fold may withhold Rewards if it reasonably believes additional verification is required. Fold may also withhold or invalidate any potential Rewards it deems abusive, fraudulent, suspect, or in violation of these Terms or other applicable Fold terms. Fold may invalidate or rescind any Rewards, it believes in its sole discretion, will impose liability on Fold, its subsidiaries, affiliates, or any of their respective officers, directors, employees, representatives, and agents.
Squad Earnings are granted to Referrers any time a Referred User makes a Qualifying Purchase during the Referred User’s first anniversary of being a cardholder. Referred Users who signed up prior to the launch of the Program will be grandfathered in, so that their Referrer will be eligible to receive Squad Earnings until the first anniversary of the Program, i.e. March 8, 2023. Each Qualified Purchase by a Referred User will earn the Referrer a random amount of Squad Earnings, between 1-50 sats, regardless of the size of the Qualifying Purchase (note that Qualifying Purchases must exceed $3 and other limitations apply, see the Terms of Rewards - Fold Card Addendum for more details).
All Fold decisions are final and binding, except where prohibited, including decisions as to whether a Qualified Referral or Reward is valid, when and if to terminate the Program, and whether, if at all, to change the program. Any changes to the program will be updated via these Terms and, except where prohibited, will become effective as of the date the change to these Terms. If a Referrer has referrals pending qualification at the time that updates are sent, those pending referrals shall be validated and Rewards are given under the terms that were valid at the time the Referred User referral was approved by Fold.
Except where prohibited, Users agree that by participating in the Program, they agree: (1) to be bound by these Terms the decisions of Fold, its administrators ("Fold Entities") (if any) and/or their designees, and privacy policies; (2) to release and hold harmless Fold Entities 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 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 Rewards); and (3) to be contacted by Fold Entities via e-mail.
Except where prohibited by law, the Released Parties shall not be liable for: (i) late, lost, delayed, stolen, misdirected, incomplete unreadable, inaccurate, garbled or unintelligible entries, communications or affidavits, regardless of the method of transmission; (ii) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iv) any injuries, losses or damages of any kind resulting from acceptance, possession or use of a Rewards, or from participation in the Program; or (v) any printing, typographical, administrative or technological errors in any websites or materials associated with the Program. Fold Entities disclaim any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with this Program, and reserve the right, in their sole discretion, to cancel, modify or suspend the Program should a virus, bug, computer problem, unauthorized intervention or other causes beyond Fold Entities control, corrupt the administration, security or proper play of the Program.
Except where prohibited, the Released Parties shall not be liable to any Users for failure to supply any Rewards or any part thereof, by reason of any acts 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.
As a condition of entering the Program, and unless prohibited by law, Users agree that under no circumstances will Users be entitled to any awards for any losses or damages, and Users hereby waive all rights to claim punitive, incidental, consequential, and any other damages, and waives any and all rights to have damages multiplied or otherwise increased. A waiver of rights may not apply to you in your jurisdiction of residence. Additional rights may be available to you.
Fold Entities reserves the right to cancel or suspend this Program should it determine, in its sole discretion, that the administration, security, or fairness of this Program has been compromised in any way.
The validity, construction, and interpretation of these Terms, and the rights and duties of the parties hereto, will be governed by and construed in accordance with the laws of the State of Delaware in the United States, excluding its conflicts of laws principles. However, as explained below, the agreement to arbitrate in the following paragraph is governed by United States federal law.
You agree that any dispute, claim, or controversy arising out of or in connection with Fold’s business or these Terms or relating in any way to the Program or the Fold Properties shall be determined by binding arbitration. You further agree that the U.S. Federal Arbitration Act and federal arbitration law shall govern the interpretation and enforcement of this Agreement to arbitrate, and any such arbitration hearing shall be heard in Maricopa County, Arizona.
Arbitration uses a neutral arbitrator instead of a judge or jury and is more informal than a lawsuit in state or federal court. Discovery in arbitration is more limited than is generally available in the courts and the arbitrator’s decision is also subject to very limited appellate review by the courts.
You also agree to waive the right to a trial by jury or to participate in a class action. These waivers are mutual between you and Fold, and Fold waives its right to a trial by jury or to participate in a class action against you. This means that neither you nor Fold can seek to assert class or representative claims against each other either in court or in arbitration and no relief can be awarded on a class or representative basis. The arbitrator also may not consolidate or join another person’s claim with your claim or issue an order that would achieve the same result. You and Fold further agree that if the provisions of this paragraph are found to be unenforceable, then the entire provision compelling arbitration shall be null and void.
You also agree that all issues are for the arbitrator to decide. This includes all issues related to the scope, application, interpretation, and enforceability of this Agreement and this arbitration provision. The arbitrator shall also decide whether any claim is subject to arbitration.
The arbitration will be governed by the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at www.adr.com. The arbitrator is bound by the terms of this Agreement. If your claim in arbitration is for less than $10,000, Fold will reimburse you for filing fees at the conclusion of the proceeding unless your claim is found to be frivolous by the arbitrator.
In lieu of arbitration, you may also elect to have your claims decided in small-claims court, so long as the small-claims court does not permit class, representative, or consolidated actions, or the award of relief in favor of any person or entity that is not a named party to the small-claims action.
Referrers agree that they will not violate any of these Terms, the Terms of Service, or Terms of Rewards, or otherwise engage in activity that could be considered harassment toward other users. Users agree not to use the Program to:
The Fold Entities may prohibit anyone from participating in the Program or receiving Rewards if they determine such 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 of intending to annoy, abuse, threaten or harass any other Fold users (whether or not enrolled in the Program), or representatives of Fold Entities. Use of any automated system to participate is strictly prohibited, and if discovered, and will result in disqualification from the Program and potential termination of the User’s Fold account. Fold reserves the right to disqualify anyone, cancel Rewards, disable or suspect an account, and contact legal authorities (including law enforcement), if it should discover a user is tampering with the entry or referral process or the operation of the Program or violating these Terms. Referrals generated by a script, macro, or other automated means will be disqualified. If a solution cannot be found to restore the integrity of the Program, we reserve the right to cancel, change, or suspend the Program.
Participation in the Program may require a Referred User and/or a Referrer to submit personal information about themselves to Fold. The personal information will be collected, processed, and used in accordance with Fold's Privacy Policy.
Any time a Referred User makes a purchase, the Referrer will receive Squad Earnings. Squad Earnings will allow the Referrer to know when any of their Referred User makes a purchase, but will not identify which Referred User made a purchase, where the purchase was made, how much the purchase was for, or any other personally identifiable information.
Personal information may be used by Company on Company's behalf, to contact Users with regards to participation in the Program and to receive communications from Fold or third-party administrators of the Program.
We reserve the right to modify or amend at any time these Terms and the methods through which Rewards are earned. We reserve the right to disqualify any User at any time from participation in the Program if he/she does not comply with any of these Terms. Fold’s failure to enforce any term of these Terms shall not constitute a waiver of that provision.
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, PROGRAM ENTITIES RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION
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