Your use of the Refer-a-Friend Program is governed by the TellAPal terms and conditions in addition to the CafePress.com, Inc. (CafePress) terms and conditions set forth below (the Terms and Conditions). This program is administered by TellAPal. Any disclosure of your personal information is to TellAPal and is subject to the TellAPal Privacy Policy.
1. A "Qualified Referral" is the first product purchase made, in compliance with these Terms and Conditions, at the www.cafepress.com site (the "Site") by a person (a "Referred Customer") who has not previously purchased from the Site and who arrives at the Site via another person's Refer-a-Friend Program link ("Personal Link").
2. Only one Qualified Referral can be earned for each Referred Customer. Any additional or subsequent purchases made by a Referred Customer at the Site will not be Qualified Referrals.
3. In order to receive a Referral Credit (as defined below), your referral must result in a Qualified Referral, which consists of an order of $40.00 or more, excluding discounts, taxes, service fees, CafePress Gift Certificate purchases, and shipping charges. CafePress reserves the right to exclude certain products from Qualified Referrals or change the Qualified Referral amount, at any time, in its sole discretion.
4. For each completed Qualified Referral you will earn a referral credit consisting of a $10.00 CafePress Gift Certificate, redeemable on the Site, and subject to the CafePress Gift Certificate Terms and Conditions (located at http://members.cafepress.com/giftcertificates/product_details.aspx#terms or successor URL) ("Referral Credit"). CafePress reserves the right to limit the total number of Referral Credits earned per year
5. Orders cancelled or returned within thirty (30) days after the Referred Customer's receipt of the order do not qualify for Referral Credits. Referral Credits will be applied to the Referring Customer's account within forty-five (45) days after a Qualified Referral has been completed.
6. The individual who was issued a Personal Link will be considered to be the "Referring Customer" for all Qualified Referrals made using that Personal Link, regardless of whether a Referred Customer obtained the Personal Link directly from the Referring Customer or from another source.
7. You shall not : (i) engage in bulk email distribution, distribution to strangers, or any other promotion or referral of the URL in a manner that would constitute or appear to constitute unsolicited commercial email or "spam" under any applicable law or regulation; (ii) interfere with the Site, the CafePress service, or the Refer-a-Friend Program by using viruses or any other programs or technology designed to disrupt or damage any software or hardware; (iii) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Site, the CafePress service or the Refer-a-Friend Program; (iv) collect electronic mail addresses or other information from third parties by using the Site, the CafePress service, or the Refer-a-Friend Program; (v) engage in any activity that interferes with another user's ability to use or enjoy the Site, the CafePress service or Refer-a-Friend Program; or (vi) transmit obscene, threatening, or fraudulent messages through your use of the Site, the CafePress service or Refer-a-Friend Program; (vii) make purchases with a fraudulently obtained Referral Credit, or use or attempt to use a Referral Credit or Personal Link in breach of these Terms and Conditions (such fraudulent activity may include, without limitation, the posting of the Personal Link on websites on which consumers exchange links for the purpose of defrauding certain promotional activities. ; (viii) violate any applicable laws, rules, or regulations; or (ix) assist or encourage any third party in engaging in any activity prohibited by these Terms and Conditions. If a Referring Customer provides the referral URL to another person by email, the email must be created and distributed in a personal manner that is appropriate and customary for communications with friends and family members.
8. In its sole discretion, with or without notice to you, CafePress may: (i) suspend, limit access to, or terminate your use of the Site, the CafePress service, and/or the Refer-a-Friend Program; (ii) suspend, limit access to, or terminate your CafePress and/or Refer-a-Friend Program accounts; and (iii) prohibit you from using the Site, the CafePress service and/or the Refer-a-Friend Program. Without limiting the foregoing, CafePress expressly reserves the right to close the account(s) of any Referring Customer and/or Referred Customer if the Referring Customer and/or Referred Customer have engaged in any activity prohibited by these Terms and Conditions.
9. CAFEPRESS PROVIDES THE SITE, THE CAFEPRESS SERVICE AND THE REFER-A-FRIEND PROGRAM ON AN "AS IS" AND "AS AVAILABLE" BASIS. CAFEPRESS DOES NOT REPRESENT OR WARRANT THAT THE SITE, THE CAFEPRESS SERVICE, OR THE REFER-A-FRIEND PROGRAM, OR THEIR USE: (I) WILL BE UNINTERRUPTED, (ii) WILL BE FREE OF INACCURACIES OR ERRORS, (iii) WILL MEET YOUR REQUIREMENTS, OR (iv) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. CAFEPRESS MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TERMS AND CONDITIONS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
10. You agree to indemnify and hold CafePress and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the "Parties") harmless from any damage, loss, or expense (including without limitation, attorneys' fees and costs) incurred in connection with any third-party claim, demand or action ("Claim") brought against any of the Parties alleging that you have breached any provision of these Terms and Conditions through any act or omission. If you have to indemnify CafePress under this section, CafePress will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without CafePress' express written permission.
11. CafePress reserves the right to add, delete and/or modify the Terms and Conditions governing the Refer-a-Friend Program, at any time and in its sole discretion. In the event of substantive changes to Refer-a-Friend Program, you may be notified by email. If any modification is unacceptable to you, your only recourse is to not use the Refer-a-Friend Program. Your continued use of the Refer-a-Friend Program following posting of a change notice or new Terms and Conditions will constitute binding acceptance of the changes.
