Terms & Conditions
Local Affiliate Program
Updated: June 4, 2019
To facilitate car-sharing, ANIHI Newco, LLC (“Drift” or “Company”)provides an online platform through the Drift mobile phone application, Drift’s websites, or through other options Drift makes available (collectively, the “Services”). Drift may at times offer you the opportunity to refer individuals to the Services via a referral program (“Affiliate Pilot Program”).
The following terms and conditions apply to your participation in the Affiliate Pilot Program:
1. Binding Agreement. By participating in the Affiliate Pilot Program, you are bound by its terms and conditions (“Terms”) and indicate your agreement to them. All the Company's decisions are final and binding. These Terms are part of and subject to the Company’s Terms and Conditions, which are incorporated by reference as though fully set forth herein, and available at https://drivedrift.com/terms. (Capitalized terms not otherwise defined shall have the meanings set forth in the Company’s Terms of Service.)
3. Eligibility. The Affiliate Pilot Program is intended solely for persons who are 18 or older. Your eligibility to participate in the Affiliate Pilot Program is subject to the sole discretion of the Company and may be changed at any time without further notice to you.
4. How the Affiliate Pilot Program Works. Participation in the Affiliate Pilot Program is by invitation only. If the Company is interested in inviting you to participate in the Affiliate Pilot Program, a representative of the Company will contact you. If the Company determines that you are eligible to participate in the Affiliate Pilot Program, the representative will provide you with a unique URL. During an initial period of two months, subject to extension or reduction at the Company’s sole discretion, for each individual who uses your URL to download the Drift mobile phone application and who ultimately initiates a reservation, you will be eligible to receive a benefit or reward. You may not invite other individuals to participate in the Affiliate Pilot Program. However, you may recommend such individuals to the Company. If the Company determines such individuals are eligible for participation in the Affiliate Pilot Program, you will be eligible to receive a benefit or reward.
5. Restrictions. You may not refer yourself or create multiple, fictitious, or fake accounts with the Company. You may not use the Affiliate Pilot Program to violate any law, infringe or violate the rights of any third party, or otherwise act in a manner that is deemed harassing, harmful, illegal, hateful, obscene or outside the spirit and intent of the Affiliate Pilot Program. In addition, you may not (i) tamper with the Affiliate Pilot Program, (ii) act in an unfair or disruptive manner, or (iii) use any system, bot or other device or artifice to participate or receive any benefit or reward in the Affiliate Pilot Program. If the Company believes you have violated any of the foregoing, the Company may cancel any benefits or rewards you received under the Affiliate Pilot Program. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE AFFILIATE PILOT PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE COMPANY RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
6. Rewards. You will receive $50 for each month in which you continuously participate in the Affiliate Pilot Program, pursuant to these Terms. This reward will be pro-rated for months in which you do not participate in the Affiliate Pilot Program for the entirety of the calendar month. You will also receive a reward, subject to the restrictions set forth below, by making a Valid Referral. To qualify as a “Valid Referral,” an individual who uses your URL to download the Drift mobile phone application and initiate a reservation must not be an existing user of the Services.
The rewards for Valid Referrals are as follows:
· $50 for each Valid Referral;
· $100 for five or more Valid Referrals in a calendar month.
You will also receive $100 for referring an individual to the Company for participation in the Affiliate Pilot Program, if the Company determines such individual is eligible to participate in the Affiliate Pilot Program and adds such individual to the Affiliate Pilot Program. Each of these rewards is subject to change at the Company’s sole discretion. The Company may delay a reward for the purposes of investigation. The Company may also refuse to verify and process any transaction for any reason. You are solely responsible for any tax consequences, if any, that may result from the Company’s payment to you of rewards.
7. No Agency. Your invitation to and participation in the Affiliate Pilot Program does not confer on you any rights or privileges as an employee of the Company, or permit you to act as a mandatory, legal agent of the Company, or form any kind of legal partnership or joint venture between you and the Company.
8. Liability. YOU UNDERSTAND AND AGREE THAT THE INDEMNIFIED PARTIES (DEFINED BELOW) SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, ECONOMIC, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE COMPANY, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES) ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE AFFILIATE PILOT PROGRAM, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. By participating in the Affiliate Pilot Program, you agree to indemnify, defend, and hold harmless Drift, and its affiliates, officers, directors, employees, agents, attorneys, insurers, independent contractors, providers, successors and assigns (the “Indemnified Parties”) from and against any and all liabilities incurred in connection with (i) your use or inability to use the Affiliate Pilot Program; (ii) your breach or violation of these Terms; (iii) your violation of any law, or the rights of any third party; and (iv) any content you create in your participation in the Affiliate Pilot Program, including, but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful. You also agree to indemnify the Indemnified Parties for any liabilities resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or loan on our infrastructure. The Company reserves the right, in its own sole discretion, to assume the exclusive defense and control at its own expense of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the prior written consent of the Company. TO THE FULLEST EXTENT POSSIBLE BY LAW, THE INDEMNIFIED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE AFFILIATE PILOT PROGRAM, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), SHALL BE $100.00.
9. Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE AFFILIATE PILOT PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE AFFILIATE PILOT PROGRAM AND ASSUMES NO LIABILITY OR RESPONSIBILITY IN CONTRACT, WARRANTY OR IN TORT FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE AFFILIATE PILOT PROGRAM, (III) ANY ACCESS TO OR USE OF THE COMPANY’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; AND (IV) EVENTS BEYOND THE COMPANY’S REASONABLE CONTROL.
10. Bulk Distribution (“Spam”). Your participation in the Affiliate Pilot Program must comply with applicable law. Your URL must be shared in a professional manner that is appropriate and customary for professional communications. By sharing or distributing your URL via third parties as part of the Affiliate Pilot Program, you represent that you have the appropriate permission and consent of such third parties. Bulk email distribution of your URL is expressly prohibited and may be grounds for immediate removal from the Affiliate Pilot Platform and further legal action. The Company has no obligation to monitor your participation in the Affiliate Pilot Program and distribution of your URL; however, the Company may choose to do so and may cancel your URL and remove you from the Affiliate Pilot Program if it determines your participation in the Affiliate Pilot Program does not comply with these Terms. If you do not comply with the law, including anti-spam laws, in your participation in the Affiliate Pilot Program, you are obligated to indemnify the Company against any liabilities, costs and expenses it incurs because of such spam.
11. Right to Cancel, Modify or Terminate. The Company reserves the right to cancel, modify, or terminate the Affiliate Pilot Program at any time for any reason. The Company further reserves the right to disqualify you at any time from participating in the Affiliate Pilot Program.