Ameritech Financial Refer-a-Friend Terms and Conditions
PLEASE READ THE FOLLOWING Ameritech FINANCIAL REFER-A-FRIEND PROGRAM TERMS AND CONDITIONS (“PROGRAM TERMS”) CAREFULLY BEFORE PARTICIPATING IN Ameritech FINANCIAL REFER-A-FRIEND PROGRAM (THE “PROGRAM”). PARTICIPATION IN THE PROGRAM CONSTITUTES YOUR ACCEPTANCE OF ALL PROGRAM TERMS.
Existing customers of Ameritech Financial whose account is in good standing and who are validly enrolled in and using Ameritech Financial MyAccount are eligible to participate in the Program. Ameritech Financial will compensate you through a Tango Card (see https://www.tangocard.com/the-tango-card/) based on the number of qualified referrals that you provide to Ameritech Financial and who become active Ameritech Financial customers, as further specified below.
Participant Acceptance; Termination
Ameritech Financial will make all determinations regarding participation in the Program. Ameritech Financial reserves the right to terminate your participation in the Program or cancel the entire Program at any time for any reason or no reason, to the extent permitted by law, upon written notice to you. Any written notices required or permitted to be given by Ameritech Financial hereunder may be delivered by email. By participating in the Program, you consent to delivery of all Program-related notices and information by email to the email address you have registered for your Ameritech Financial MyAccount and acknowledge that you have the necessary equipment (hardware and software) to receive and read such emails.
Qualified Referrals; Payment
Qualified referrals must (i) be new customers to Ameritech Financial: for purposes of the Program, “new customer” does not include either (1) a person who is a current or pending customer of Ameritech Financial or (2) a person who was a customer of Ameritech Financial within the 365 days immediately prior to the date a Ameritech Financial Refer-a-Friend email invitation was generated by the Ameritech Financial Refer-a-Friend Program to that person; (ii) satisfy all Ameritech Financial enrollment requirements; (iii) enroll with Ameritech Financial online by linking to the Ameritech Financial website through the email or personal link generated by the Ameritech Financial Refer-a-Friend Program from your Ameritech Financial MyAccount (enrollments from emails or links not generated by the Program are not eligible for bill credits); and (iv) make two on-time payments under the enrolled contract. Eligible participants will be issued a $25 Tango Card credit for each qualified referral that signs up and makes two on-time payments to Ameritech Financial. The amount of such Tango Card credit will be determined based upon Ameritech Financial’s current offer at the time of the applicable qualified referral’s enrollment with Ameritech Financial. The Tango Card credit that Ameritech Financial is offering may be changed by Ameritech Financial at any time prior to enrollment of a qualified referral without notice to you or your referrals. The Ameritech Financial Refer-a-Friend Program page in Ameritech Financial MyAccount will contain up-to-date information regarding Ameritech Financial’s then current offered Tango Card credit. Such Tango Card credit will be applied as soon as practicable following Ameritech Financial’s determination that a qualified referral has met all requirements. By participating in the Program, you agree that Ameritech Financial shall make the final determination as to whether any referral meets all requirements to be considered a qualified referral. From time to time, Ameritech Financial may offer limited-time promotions which provide for increased incentive payments. They are subject to change without notice to you by updating the information on the Ameritech Financial Refer-a-Friend page in Ameritech Financial MyAccount. Additionally, the states from which referrals will be accepted and all other referral acceptance is at the sole discretion of Ameritech Financial.
Ameritech Financial will provide you with access to the Program, which you may use to track your referrals and payment determinations with respect thereto; provided, that your use of the Program is strictly subject to the Program Terms. Ameritech Financial will update the Program with your account information periodically, including setting forth the email addresses to which you have sent an enrollment request email and whether a particular referral is a qualified referral (indicating that a Tango Card credit will be issued). Ameritech Financial is not obligated to, and will not, release to you the reasons why a particular referral has not been deemed a qualified referral.
CAN-SPAM Act Compliance
Ameritech Financial complies with the federal CAN-SPAM Act and honors requests of consumers and customers who choose to opt out of receiving Ameritech Financial marketing emails. Accordingly, if you designate a referral email address that has previously opted out of receiving Ameritech Financial marketing emails, you will be advised that the email address is not eligible to be sent a Ameritech Financial Refer-a-Friend email.
Telemarketing Consumer Protection Act (TCPA) Compliance
Ameritech Financial complies with all federal TCPA requirements. This Program is not intended to incentivize the use of autodialers or sending pre-recorded messages. If you plan to engage in text messaging campaigns or autodialing, you must first contact Ameritech Financial and first obtain approval for the scripts to be used and processes to ensure that you are not violating the TCPA.
FTC 16 CFR Part 255 Compliance
In connection with your participation in the Program, you may receive confidential and proprietary information of Ameritech Financial, including sensitive customer data (“Information”). You will maintain all of such Information in strict confidence and use the Information only in connection with your participation in the Program.
Independent Contractor Relationship
Your participation in the Program does not authorize you to act on Ameritech Financial’s, its parent’s or their respective affiliates’ behalf. Nothing herein is intended or will be construed to constitute or imply a joint venture, employer-employee relationship, partnership or association between you and Ameritech Financial, its parent or their respective affiliates. By participating in the Program, you acknowledge that you do so at your own risk and as an independent contractor and that Ameritech Financial is not directing how you perform your obligations hereunder.
Other than with respect to materials provided to in connection with your participation in the Program, your status as a participant in the Program does not entitle you to use any trademarks, copyrighted materials, patents, names, logos or other intellectual property owned or licensed by Ameritech Financial, its parent or their respective affiliates. You may not use Ameritech Financial’s name without written permission pertaining to each place on which you plan to use it. Similarly, you may not use the “Tango Card” name for advertising unless you put in the Tango Card TM language.
By participating in the Program, you agree to and will indemnify and hold Ameritech Financial, its parent and their respective affiliates harmless from and against any and all damages, costs, expenses, claims or liabilities of any kind, including third party claims, whether pending or threatened, including without limitation, attorneys’ fees and court costs, incurred by any of them arising out of or related to your participation in the Program or breach of these Program Terms.
Warranty Disclaimers; Limitation of Liability
YOU EXPRESSLY AGREE THAT YOUR PARTICIPATION IN THE PROGRAM IS AT YOUR OWN RISK. THE PROGRAM IS MADE AVAILABLE TO YOU ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. NEITHER Ameritech Financial, ITS PARENT NOR ANY OF THEIR RESPECTIVE AFFILIATES, THROUGH THESE PROGRAM TERMS, MAKES ANY WARRANTY REGARDING THE PROGRAM, AND EACH EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL Ameritech Financial, ITS PARENT OR ANY OF THEIR RESPECTIVE AFFILIATES BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA AS A RESULT OF CLAIMS, WHETHER BROUGHT IN CONTRACT OR TORT, ARISING OUT OF OR CONNECTED WITH THESE PROGRAM TERMS OR THE PROGRAM, EVEN IF Ameritech Financial HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
These Program Terms may be altered, changed, modified or assigned by Ameritech Financial at any time by providing notice to you. Your participation in the Program at any time after Ameritech Financial provides you such notice of changes will constitute your agreement to such changes.
Other Terms and Conditions
These Program Terms are in addition to and do not in any way limit or alter Ameritech Financial MyAccount terms other terms and conditions or agreements pursuant to which Ameritech Financial allows you to participate in the Program and/or use Ameritech Financial MyAccount.
Acceptance and Jurisdiction
By participating in the Program, you agree that you have read, understand and will abide, and be bound, by these Program Terms. These Program Terms shall be governed in all respects in accordance with the laws of the State of California without regard to the conflict or choice of law rules thereof.
Important Limitation on Consumer Rights – Mandatory Arbitration Requirement – Please read carefully: In the event of any controversy, claim or dispute between the parties arising out of or relating to this agreement or the breach, termination, enforcement, interpretation, conscionability or validity thereof, including any determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Sonoma County, California or in the county in which the consumer resides, in accordance with the Laws of the State of California for agreements to be made in and to be performed in California. The parties agree that the arbitration shall be administered by the American Arbitration Association (“AAA”) pursuant to its rules and procedures and an arbitrator shall be selected by the AAA. The arbitrator shall be neutral and independent and shall comply with the AAA code of ethics. The award rendered by the arbitrator shall be final and shall not be subject to vacation or modification. Judgment on the award made by the arbitrator may be entered in any court having jurisdiction over the parties. If either party fails to comply with the arbitrator’s award, the injured party may petition the circuit court for enforcement. The parties agree that either party may bring claims against the other only in his/her or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Further, the parties agree that the arbitrator may not consolidate proceedings of more than one person’s claims, and may not otherwise preside over any form of representative or class proceeding. The parties shall share the cost (not attorneys’ fees) of arbitration equally. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator’s award, or fails to comply with the arbitrator’s award, the other party is entitled to costs of suit, including a reasonable attorney’s fee for having to compel arbitration or defend or enforce the award. Binding Arbitration means that both parties give up the right to a trial by a jury. It also means that both parties give up the right to appeal from the arbitrator’s ruling except for a narrow range of issues that can or may be appealed. It also means that discovery may be severely limited by the arbitrator. This section and the arbitration requirement shall survive any termination. OPT-OUT PROCESS: You may choose to opt-out of this Arbitration Provision but only by following the process set-forth below. If you do not wish to be subject to this Arbitration Provision, then you must notify us in writing within thirty (30) calendar days of the date of this Agreement at the following address: Ameritech Financial, Attn: Customer Service, 5789 State Farm Dr. Suite 265, Rohnert Park, CA 94928. Your written notice must include your name, address, the date of this Agreement, and a signed statement that you wish to opt out of the Arbitration Provision. If you choose to opt out, then your choice will apply only to this Agreement.
You may not assign the right to participate in the Program to any other party. Ameritech Financial may assign these Program Terms or assign or delegate any of its rights or responsibilities hereunder to independent contractors or other third parties. Ameritech Financial shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and executed by an authorized representative of Ameritech Financial. No delay or omission by Ameritech Financial in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.