Terms and Conditions
The following terms and conditions govern your participation in the Pure & Mine Referral Program (“Program”). This Program is administered by Pure & Mine Inc. (“P&M” or “We”). The Participants of the Program referred below in the Terms and Conditions are you (“Advocate” or “Brand Advocate”) and the person you referred (“Friend”).
Please read these terms carefully before you use our Referral Program. By using it, you confirm that you accept these Terms and Conditions and agree to comply with them. 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 if they are located in an area where doing so would be prohibited by any applicable law or regulations.
A. OVERVIEW OF THE PROGRAM
Eligible Advocate: Someone who meets all the following conditions:
Be a legal resident of the United States of America
Be at least 16 years old. If you are under 16 years of age, you are prohibited from using, accessing or participating in the program from anywhere, any time and in any manner
Friend: A person above 16 years of age who receives a referral via an Advocate is called a Friend(s).
Qualified Referral: A referred “Friend” and the “Advocate” can avail the benefits of the Program only if they satisfy all the conditions that constitute a “Qualified Referral”. The conditions to be met are:
The Friend must have completed the purchase of at least one Pure & Mine Product bundle in an order using the Advocate’s Personal Referral Link. If the Friend purchases from or registers with P&M through another channel or link, the transaction will not be counted as a “Qualified Referral” and the participants will not earn the credit of such a referral;
The Friend must not have been previously registered with P&M through another email or alias;
The Friend must not have been previously registered with P&M through another email or alias;
The Friend must be living in the United States of America and should be at least 16 years of age;
Only one purchase can be considered under the Qualified Referral per Friend. The terms of a Qualified Referral cannot be availed for subsequent P&M purchases made by the Friend.
Participant: An Advocate or a Friend who has been or attempts to be part of a Qualified Referral.
Reward: A Reward is valued at six dollars ($6) and credited as store credit directly into the Advocate’s P&M account following a Qualified Referral. The Reward has no monetary value and hence cannot be converted/redeemed for cash. The value of store credit per Reward can be changed at the sole discretion of Pure & Mine Inc. at any time without any prior notice.
Making a Referral
To be an eligible participant in the Program, you must meet either of these two conditions:
You are an Advocate and the referral you made is deemed as a Qualified Referral by P&M
You are a Friend and the referred account is deemed as a Qualified Referral by P&M
To participate in the program, the Advocate must register at pureandmine.com. No previous purchase is required for registration (customers and non-purchasers are equally eligible for registration). Once registered, the Advocate will receive a unique referral link which is available under the Referral tab in the Dashboard menu. This unique referral link is issued only to individuals. This link allows the Advocate to receive credits for the Qualified Referrals.
Advocates should visit pureandmine.com and scroll to the bottom of the page to the “Spread some love” section. From here follow the onscreen instructions to refer friends, family, and coworkers by sharing your unique referral link through social media or text messages. Do ensure you have prior consent of the referred person (“Friend”) to provide their email addresses.
Every participant, an eligible Advocate or a Friend following a Qualified Referral and complying fully with these terms and conditions may receive the “Reward” for such a referral.
By participating in the program, the Advocate automatically agrees that he/she has the Friend’s prior consent to provide their email address.
Advocates must refer only real individuals who meet the requirements of these Terms and Conditions. Advocates and Friends must use the Program in good faith. You may not:
Create a fake account with different credentials to invite yourself.
Invite a Friend with duplicate accounts.
Invite a fictitious person.
Rewards and Verification
The Advocate shall receive 1 reward worth 6 dollars in his P&M account for each Qualified Referral generated for a new Friend. The Reward value can be changed at the sole discretion of P&M at any time, without any prior notice.
Rewards can be claimed only by purchasing Pure & Mine products and redeeming them during the purchase process.
P&M reserves the right to verify the Rewards and the Qualified Referral through which the Reward is earned. P&M may hold back the credit of Reward during the period of this verification process. P&M also reserves the right to deny verification and processing of any reward transaction which P&M suspects as fraudulent or in violation of these Terms and Conditions or believes will levy potential liability on P&M, any P&M subsidiaries, affiliates or any P&M employee, agent or representative. P&M shall determine the course of action in these matters with sole and absolute discretion and all of P&M’s decisions are final and irrevocable.
Transfer of Rewards
Rewards do not carry any monetary value and hence cannot be exchanged for cash. The store credit earned via Rewards cannot be transferred to another individual or traded/auctioned.
The participant of a Qualified Referral forfeits the unredeemed Rewards upon cancellation of the participant’s P&M account or upon termination of the referral program.
Termination and Changes
Pure & Mine reserves the right to terminate the Referral Program at any time, for any reason. We reserve the right to change these Terms and Conditions at any time without notice or change the modes/methods via which the Rewards are obtained. We reserve the right to limit or disqualify any Advocate from the Program at any time based on our sole judgment including but not limited to the situations where the participant failed to comply with any of these Terms and Conditions or the applicable law (including but not limited to failure to present any disclosures as required by the FTC or P&M).
All of P&M’s decisions are final and irrevocable in these matters.
C. CONTENT OWNERSHIP AND USE
Advocates must note that all the content related to P&M’s online platform and the Program is strictly the property of P&M or its licensors and is protected under the umbrella of trademark, copyright, and related laws. The content in question includes but is not limited to design, graphics, information, text, buttons, audio, computer programs and other content (“Content”). This Content is protected by the trademark, copyright and other laws and considered as exclusively P&M property.
D. LICENSE TO YOU
P&M entitles you with access and usage of P&M’s online platform, Content and the Program, subject to these Terms and Conditions for personal and non-commercial use. P&M reserves the right to revoke the license at any time without notice or cause. Using the Content without the aforementioned entitlement may be considered as a violation of the trademark, copyright or other applicable communications regulations and is not allowed by law. While making a copy of the Content, you must retain all copyright, trademarks, service marks and company notice graphics/text contained in the original Content.
The logos (registered or unregistered), product names and service names residing in the Content or the P&M online platform constitute “Marks”. By participating in the Program, you agree not to display or use the P&M Marks except with an explicit written permission from P&M or by a link provided by P&M.
Participants in the program, Advocate or Friend, explicitly agree to the following:
P&M reserves the right to terminate, or suspend the Program, of P&M finds in its sole and absolute discretion that the security, operation, administration or sustainability of the program has been negatively affected in any manner.
Upon participation in the Program, you release P&M, its affiliates, parent companies, subsidiaries, along with the respective, agents, employees, licensees, licensors, officers, attorneys, including but not limited to their respective advertising, promotion entities, and any person/entity involved in production, operation or administration of the Program (“Released Parties”) from any or all claims, actions, demands, damages, losses, liabilities, costs or expenses caused by, arising out of, in connection with, or related to 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).
P&M shall not be held liable for:
Any delay in communication or miscommunication, regardless of the mode of the communication
Any malfunction or error in the mode of communication or any technical issue.
Data theft, corruption, unauthorized access or alteration of data.
Any textual, administrative or technical errors in the P&M Content.
Claims, damages and demands in disputes amongst the Advocates or between Advocates and Friends.
Any injury, damage or losses incurred by accepting or usage of the Reward or through participation in the Program that P&M couldn’t have anticipated by reasonable foresight.
P&M is released from any liability resulting from damage to the participant’s computer system caused by participation in the Program or through access or download of Program-related. information.
P&M reserves the right to terminate or modify the Program at any point in its sole and absolute discretion upon suspecting the threat of a virus, bug, technical computer issue, technical breach or any other issue beyond P&M’s control that might harm the administration, operation or security of the Program.
P&M disclaims any liability to any participant, Advocate or Friend, for failure of delivery of any Reward or any part thereof, by reasons, 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.
G. DISCLAIMER OF WARRANTIES
Participants expressly understand and agree that:
Your use of the program is at your sole risk; the program is provided on an "as is" and "as available" basis and P&M 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;
P&M makes and gives no warranty that:
the program will meet your requirements or be uninterrupted, timely, secure, or error-free
the results obtained from the use of the program will be accurate or reliable,
the quality of any products, services, information, or other material obtained by you through the program will meet your expectations, and
any errors in the service will be corrected; and
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.
H. LIMITATION OF LIABILITY AND INDEMNIFICATION
Participants are prohibited from holding P&M liable for any damage: direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to loss of profit, goodwill, use, data or other such intangible losses (even if P&M was advised of the possibility of such damage) caused by:
The use of inability to use the Program
Cost of procurement 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
Unauthorized access or alteration of your communication or data entries
Statements or conduct of any third party on or through the program
Any other matter related to the program
Some jurisdictions prohibit the exclusion of certain warranties or the limitation/exclusion of liability for incidental or consequential damages. Based on this, you may be excluded from some of the limited mentioned in the above paragraph.
By participating in the Program, as an Advocate or a Friend who has availed the Rewards, you provide P&M explicit permission to use your first name, last name, company name, P&M profile information, statement, address, biographical information, social media activity, public online content for any or all promotional/marketing purposes related to the Program, on a worldwide basis and in all forms of media without review, permissions or further compensation of any amount or in any form whatsoever, where and to the greatest extent allowed by applicable law.
If the consequences of any of the following prohibited conduct by a participant cannot be resolved to restore the integrity of the Program, P&M reserves the right to cancel, modify or suspend the Program.
Participants of the Program agree not to:
Violate these Terms and Conditions;
Violate applicable laws;
Infringe the Intellectual Property of P&M or any third party;
Collect or store personal data about other participants;
Stalk, harass or harm another individual;
Impersonate any person or misrepresent the participant's identity in any form;
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;
Interfere with another participant's use of the Program;
Attempt to gain unauthorized access to the Program, other accounts, computer systems, or networks connected to the Program;
Contaminate the program server or network with any file that contains viruses, worms, Trojan horses, or any other destructive features;
Conduct any illegal activity or solicit the performance of any illegal activity or other activity that infringes the rights of others;
Resell, barter, trade, auction or otherwise generate income by providing access to the Program to others.
Bulk Distribution ("Spam")
P&M has a strict no-tolerance Spam policy. We prohibit the participants from using the unique P&M link within bulk email distribution, distribution to strangers or distribution in any other form that may constitute or appear to constitute unsolicited email or “spam”. In case of any or all transgressions of this rule, P&M reserves the right in its sole and absolute discretion to terminate the Advocate’s account and deactivate their unique link.
While P&M is not obligated to monitor the content provided by the Advocates, P&M may choose to do so and block any email messages or remove any content pertaining to the Program or P&M, and/or prohibit any use of the Program.
While P&M 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 P&M and all of the Released Parties against any liabilities, costs, and expenses incurred as a result of such violation.
Fraudulent or Harmful Behaviour
P&M reserves the right to prohibit a participant in the Program at its sole discretion from further participation or receiving Rewards if P&M suspects them of fraud, cheating, hacking, deception or any other unfair practices intending to undermine the fairness, integrity or proper operation of the program in any way or attempting to irk, abuse, harass or harm any other participant of the program or representatives of P&M.
Use of any affiliate website, affiliate network properties, automated systems, script, or macro to participate is strictly prohibited and will lead to disqualification.
Advocates must follow the ethical rules of the Program and may not use fake details, use fictitious identities or use any system, bot or another device or deceit for participation in the Program or receiving an award.
P&M reserves the right to disqualify an Advocate, terminate their account or cancel their Rewards if P&M finds the Advocate has violated these Terms and Conditions or attempted/succeeded to tamper with the entry process or operation of the Program.
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, P&M RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
K. SUGGESTIONS AND SUBMISSIONS
P&M is always open for feedback and welcomes your comments about the Program. Do note, however, that P&M does not accept or consider creative suggestions, ideas, inventions or materials (“Creative Ideas”) other than those it has specifically requested from the participants. Your comments are very valuable to us but we advise you to be specific and precise in your comments and not submit any creative ideas. If in spite of these requests, if you still send P&M Creative Ideas, P&M:
Shall exclusively own all known or later discovered rights to the Creative Ideas;
Shall not be held accountable for confidentiality and shall not be held liable for any use or disclosure of any Creative Ideas;
Shall be entitled to unrestricted use of the Creative ideas for any purpose, commercial or otherwise, without any obligation to compensate you or a third party.
L. APPLICABLE LAW; ARBITRATION; CLASS WAIVER; AND WAIVER OF JURY TRIAL.
Any and all disputes, claims, and causes of action arising out of or related to the Program, Reward or any other award as part of the Program shall be resolved under the Delaware law (without reference to its conflicts of laws principles).
Participants and P&M agree to submit to the personal and exclusive arbitration of any disputes relating to the use of P&M’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 the State of Delaware. Participants covenant not to sue or otherwise bring a claim against P&M in any other forum. By being part of the Program, Participants agree that with regards to any dispute with the Released Parties arising out of the use of the Program or these Terms and Conditions:
Participants are giving up their right to have a trial by jury;
Participants 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.
M. GENERAL TERMS
These terms cover the entire terms and conditions of the agreement between the Participants and the P&M related to the Participants’ use of the Program. If P&M fails to exercise or enforce any of these terms, that doesn’t imply the waiver of the rights and provisions lent by these terms. If any provision of this agreement is deemed invalid by a court of competent jurisdiction, P&M and Participants nevertheless expressly agree that the court should try to bring justice to the intentions behind the formulation of the provision and the other provisions of these terms shall remain fully enforceable. The section titles are meant for convenience only with no legal or contractual consequences. Any person who is not part of a Qualified Referral or not subject to these terms in any way shall have no right to enforce the Program or receive the Rewards.