Official Rules: EyeMuse Referral Program

Effective Date of Current Policy: Oct 10, 2021

EyeMuse.my (“EyeMuse” or “We”) offers brand advocates (“Advocates” or “You”) the opportunity to participate in its referral program (the “Program”). We reserve the right to amend or terminate the Program at any time, for any reason. The Program is administered by EyeMuse.

Advocates are bound by these Terms and Conditions by participating in the Program. By participating in the Program, Advocates agree to use the Program in the manner specified in these Terms and Conditions. If you do not agree to these Terms and Conditions in their entirety, you are not authorized to register as an Advocate or to participate in the Program in any other manner. Advocates may not participate in the Program where doing so would be prohibited by any applicable law or regulations.

We reserve the right to modify or amend at any time these Terms and Conditions and/or the methods through which rewards are earned. We reserve the right to disqualify any Advocates from participation in the Program at any time at our sole discretion, including without limitation if he/she does not comply with any of these Terms and Conditions or otherwise fails to comply with any applicable laws (including, without limitation, through any failure to include any disclosures as required by the FTC or otherwise required by EyeMuse).

Children.
No part of the program is directed to persons under the age of 15. IF YOU ARE UNDER 15 YEARS OF AGE, YOU MAY NOT USE, ACCESS OR PARTICIPATE IN THE PROGRAM AT ANY TIME OR IN ANY MANNER.

I. How the Program Works

A. Program Participation, Generally
1. To participate in the Program, Advocates should visit EyeMuse.my/refer-a-friend and follow the on-screen instructions to refer friends, family members or colleagues to the program by entering their names and email addresses in the relevant fields.
2. Individuals who receive a referral via an Advocate are “Friends” (or, singly, a “Friend). An “Eligible” Advocate who is fully compliant with these Terms and Conditions may receive “Reward(s)” for every “Qualified Referral” (all terms in quotes to be understood as defined below).
3. By participating in the Program, an Advocate represents that he or she has his or her Friend’s prior consent to provide their email addresses.

B. Eligible Advocate
1. To be “Eligible,” an Advocate must:
2. Be approved advocate of the referral program; and
3. Be at least 15 years old.

C. Making a Referral
1. An Advocate must register at EyeMuse.my/refer-a-friend to make a referral. Once an Advocate refers a Friend, he/she will be provided with a unique referral link (“Personal Link”) that allows the Advocate to receive credit for Qualified Referrals (“Credit”). Personal Links will be issued only to individuals.
2. Advocates must respect the spirit of the Program by only referring real individuals who meet the requirements of these Terms and Conditions. Advocates cannot refer themselves. For example, an Advocate may not create multiple or fake accounts with EyeMuse or participate in the Program using multiple or fake email addresses or identities.

D. Qualified Referrals
1. A “Qualified Referral” means that all the following conditions are met:
2. The Friend completed the purchase of at least one EyeMuse contact lenses (other than the EyeMuse accessories). The purchase of an accessory alone does not qualify as a “Qualified Referral.” A EyeMuse Offline Outlet purchase does not qualify as a “Qualified Referral.” If a Friend purchases from or registers with EyeMuse using any other link or method, the registration will not count as a Qualified Referral and the Advocate will not earn Credit.
3. The Friend was not previously registered with EyeMuse under any email address or alias; and
4. An Advocate may earn credit for each Friend, up to a maximum of MYR100 in Rewards value per calendar, unless otherwise allowed by EyeMuse. Any additional or subsequent purchases made by a Friend for any item will not be considered Qualified Referrals and thus not be entitled to the benefits of Qualified Referrals. No partial rewards will be given. A EyeMuse Offline Outlet purchase does not qualify as a “Qualified Referral.”

E. Earning Rewards
1. Advocate shall receive in his or her EyeMuse account one (1) reward (each, a “Reward”) in the form and value determined by EyeMuse for each verified Qualified Referral generated by Advocate. An Advocate may earn a maximum of MYR100 in Rewards value per calendar year for Qualified Referrals. Any additional or subsequent referrals made by an Advocate will not be considered Qualified Referrals and thus not be entitled to the Reward. No partial rewards will be given. A EyeMuse Outlet purchase does not qualify as a “Qualified Referral.”
2. Rewards may be redeemed in various forms in the EyeMuse’s sole discretion, including, but not limited to in the form of gift card. Restrictions may apply. For example, 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.

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

G. Transfer and Value of Credit and Rewards
1. Rewards have no monetary value and may not be redeemed for cash. Rewards are not transferable and may not be auctioned, traded, bartered or sold. Upon termination of the referral program or any portion thereof for any reason, or upon cancellation of a Referrer’s EyeMuse account for any reason, any unredeemed Rewards that have not yet been delivered to Referrer are forfeited.

II. Privacy.

Advocates may participate in the Program made available by EyeMuse in order to refer their Friends to EyeMuse as potential EyeMuse customers. To do this, Advocates must necessarily submit personal information about themselves and their Friends, such as name and e-mail address information, so that EyeMuse can send communications to the Friends on the Advocates’ behalf. The personal information will be collected, processed and used in accordance with EyeMuse’s Privacy Statement, which can be found at https://EyeMuse.com/privacy-policy. Advocates understand that, in addition to the initial communications to Friends, EyeMuse may also use the personal information to send to Friends additional follow-up communications on behalf of the Advocates in order to encourage or remind the Friends to complete a purchase. However, EyeMuse will not contact Friends unless and until EyeMuse receives explicit permission from the Advocate to do so. The personal information may also be used by EyeMuse to contact Advocates with regards to their participation in the Program and to send to Advocates additional communications from EyeMuse.

III. Content Ownership and Use.

A. EyeMuse’s 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 Advocate and EyeMuse, all Content is the property of the EyeMuse or its licensors and is protected under copyright, trademark, and other laws. The compilation (meaning the collection, arrangement, and assembly) of all Content on EyeMuse’s online platform or the Program is the exclusive property of EyeMuse and is protected by copyright, trademark, and other laws.

B. License to You
1. EyeMuse authorizes you, subject to these terms, to access and use EyeMuse’s online platform, the Program, and the Content solely for your personal, noncommercial 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.

C. Trademarks
1. The registered or unregistered logos, product and service names contained in EyeMuse’s online platform or the Program are or may be trademarks of EyeMuse or its licensors (the “Marks”). Without EyeMuse’s prior written permission, and except as solely enabled by any link as provided by EyeMuse, you agree not to display or use in any manner the Marks.

D. User-Submitted Content
1. The registered or unregistered logos, product and service names contained in EyeMuse’s online platform or the Program are or may be trademarks of EyeMuse or its licensors (the “Marks”). Without EyeMuse’s prior written permission, and except as solely enabled by any link as provided by EyeMuse, you agree not to display or use in any manner the Marks.

IV. Liability.

A. By participating in the Program, Advocates agree to:
1. Be bound by these Terms and Conditions, the decisions of EyeMuse and its designees, and the Privacy Policy of EyeMuse;
2. Defend, indemnify, release and hold harmless EyeMuse, its 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, actions, demands, damages, losses, liabilities, costs or expenses caused by, arising out of, in connection with, or related to Advocates’ 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

B. EyeMuse shall not be liable for:
1. Late, lost, delayed, stolen, misdirected, incomplete, unreadable, inaccurate, unreliable, garbled or unintelligible entries, communications or affidavits, regardless of the method of transmission;
2. Telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors;
3. Data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials;
4. Any printing, typographical, administrative or technological errors in any websites or materials associated with the referral program; or
5. Claims, demands, and damages in disputes among Advocates or between Advocates and Friends; or
6. Any other 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 EyeMuse at the relevant time.

C. EyeMuse disclaims any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with the Program, and reserves the right, in its sole discretion, to cancel, modify or suspend the Program should a virus, bug, computer problem, unauthorized intervention or other cause beyond EyeMuse’s control corrupt the administration, security or proper operation of the Program.

D. EyeMuse shall not be liable to any Advocate for failure to supply any Reward 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 quasigovernmental 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 slowdown, civil disturbance, insurrection, riot, or any other similar or dissimilar cause beyond any of the released parties’ control.

E. EyeMuse reserves the right to cancel or suspend the Program should EyeMuse determine, in its sole discretion, that the administration, security or fairness of the Program has been compromised in any way.

F. Disclaimer of Warranties
1. ADVOCATES 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 EYEMUSE 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 NONINFRINGEMENT; (B) EYEMUSE MAKES AND GIVES NO WARRANTY THAT (i) THE PROGRAM WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (ii) THE RESULTS OBTAINED FROM THE USE OF THE PROGRAM WILL BE ACCURATE OR RELIABLE, (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE PROGRAM WILL MEET YOUR EXPECTATIONS, AND (iv) 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.

G. Limitation of Liability and Indemnification
1. ADVOCATES EXPRESSLY UNDERSTAND AND AGREE THAT THE EYEMUSE (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 EYEMUSE 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.
2. TO THE FULLEST EXTENT POSSIBLE BY LAW, EYEMUSE’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), SHALL NOT EXCEED $100 USD.
3. ADVOCATES SHOULD USE THE PROGRAM AT THEIR OWN RISK.

V. Publicity.

A. Participation in the Program or acceptance of a Reward constitutes permission to EyeMuse to use any Advocate’s first and last name, company name, EyeMuse profile information, statements, biographical information, city and state address, social media activity and/or public online content for any and all promotional or advertising purposes in connection with the program, on a worldwide basis and in all forms of media without review, permission or further compensation of any amount or kind whatsoever, where and to the greatest extent permitted by applicable law.

VI. Conduct.

A. If a solution cannot be found to restore the integrity of the Program after the occurrence of Prohibited Conduct (as defined below), EyeMuse reserves the right to cancel, change, or suspend the Program.

B. Prohibited Conduct, Generally
1. Advocates agree not to use the Program to:
2. Violate applicable law;
3. Infringe the intellectual property rights of EyeMuse or any third parties;
4. Stalk, harass, or harm another individual;
5. Collect or store personal data about other Advocates;
6. Impersonate any person or otherwise misrepresent Advocate’s identity;
7. 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;
8. Interfere with another Avocate’s use of the Program;
9. Attempt to gain unauthorized access to the Program, other accounts, computer systems, or networks connected to the Program;
10. Transmit any file that contains viruses, worms, trojan horses, or any other contaminating or destructive features;
11. Conduct any illegal activity or solicit the performance of any illegal activity or other activity that infringes the rights of others;
12. Resell, barter, trade, auction or otherwise generate income by providing access to the Program to others.

C. Bulk Distribution (“Spam”)
1. If an Advocate provides a Personal Link to a Friend 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.
2. 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” in EyeMuse’s sole discretion is expressly prohibited and may be grounds for immediate termination of the Advocate’s account and deactivation of the personal link. EyeMuse has a no-tolerance spam policy.
3. EyeMuse has no obligation to monitor the content provided by Advocates; however, EyeMuse may choose to do so and block any email messages, remove any such content, or prohibit any use of the Program.
4. While EyeMuse is the actual sender of the referral email, each Advocate must nonetheless comply with applicable law. Advocates who do not comply with the law, including antispam laws, are obligated to indemnify EyeMuse and all of the Released Parties against any liabilities, costs and expenses incurred as a results of such violation.

D. Fraudulent and Suspicious Behavior
1. EyeMuse may prohibit an Advocate from participating in the Program or receiving a Credit or Reward, in EyeMuse’s sole discretion, if EyeMuse determines that such Advocate 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 Advocates or any representatives of EyeMuse.
2. Use of any affiliate website, affiliate network properties, automated systems, script, or macro to participate is strictly prohibited and will result in disqualification.
3. Advocates 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.
4. EyeMuse reserves the right to disqualify any Advocate and/or cancel any Reward(s) if EyeMuse finds an Advocate to be tampering with the entry process or the operation of the Program or violating these Terms and Conditions in any way.
5. 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, EYEMUSE RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

VII. Suggestions and Submissions.

A. EyeMuse appreciates hearing from users and welcomes your comments regarding the Program. Please be advised, however, that EyeMuse does not accept or consider creative ideas, suggestions, inventions, or materials (“Creative Ideas”) other than those which we have specifically requested. While EyeMuse values your feedback on the program, please be specific in your comments and do not submit Creative Ideas. If, despite this request, you send EyeMuse Creative Ideas, EyeMuse:
1. Shall own, exclusively, all now known or later discovered rights to the Creative Ideas;
2. Shall not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any Creative Ideas; and
3. 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.

VIII. Applicable Law; Arbitration; Class Waiver; and Waiver of Jury Trial.

A. Any and all disputes, claims and causes of action arising out of or related to the Program or any Reward or other prize awarded pursuant to the Program or to this agreement shall be resolved under New York law (without reference to its conflicts of laws principles).

B. Advocates and EyeMuse agree to submit to the personal and exclusive arbitration of any disputes relating to the use of EyeMuse’s online platform or the Program under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, shall be conducted within New York County in the state of New York. Advocates covenant not to sue or otherwise bring a claim against EyeMuse in any other forum.

C. Advocates also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to Advocates’ use of the Program or this agreement:
ADVOCATES ARE GIVING UP THEIR RIGHT TO HAVE A TRIAL BY JURY; and
ADVOCATES ARE GIVING UP THEIR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.

IX. General Terms.

A. These terms constitute the entire agreement between Advocates and EyeMuse concerning Advocates’ use of the Program. The failure of EyeMuse 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, EyeMuse and Advocates nevertheless agree that the court should endeavor to give effect to the intentions reflected in the provision, and that the other provisions of these terms shall 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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