Last Updated: September 26, 2022
These Refer-A-Friend Program Terms (the “Referral Terms”) apply to the Persona Refer-A-Friend Program described on the Program Website, as defined below (“Referral Program” or “Program”). Vitamin Packs Inc. dba Persona Nutrition (“Persona,” the “Company,” “we,” or “our”) offers the Referral Program to consumers who purchase Persona products on our e-commerce site (www.personanutrition.com) and are interested in qualifying for bonuses by referring friends to try Persona products.
These Referral Terms are in addition to any agreements between you and Company, including our Terms & Conditions and Privacy Policy, which you agreed to when you signed up for a Persona Account, and hereby incorporated by reference, and shall apply to your participation in the Referral Program.
1. Binding Agreement
By participating in the Referral Program, Users (defined below) are bound by these Referral Terms and agree to use the Program in the manner specified in these Referral Terms. If you do not agree to these Referral Terms in their entirety, then you are not authorized to register as a Referrer (defined below) or to participate in the Referral Program in any manner. Users may not participate in the Program where doing so would be prohibited by any applicable law or regulation(s). All of the Company’s decisions are final and binding.
2. Children
No part of the Referral Program is directed to persons under eighteen (18) years of age. If you are under 18 years of age, please do not use or access the Referral Program at any time or in any manner.
3. How the Referral Program Works
To participate, visit https://www.personanutrition.com/refer/ (the “Program Website”) and follow the on screen instructions to refer friends, family members, or colleagues. Once an individual makes a referral, he or she becomes a “Referrer” and will be provided with a unique referral link (“Personal Link”) that allows him/her to receive the benefit or reward advertised on the Program Website. Referred friends (“Friends”) must complete the referral as described in the referral message. “Users” (or “you”) refers to both “Referrers” and “Friends.” An “eligible” Referrer is one who is fully compliant with these Referral Terms. Each User may receive the specified reward only for each Qualified Referral based on their status as a Referrer or Friend. To be eligible as a “User,” you must (1) be at least 18 years of age; (2) be a legal resident of the United States of America; (3) not be a health care professional (or working on behalf of one); (4) not be an employee of the Company, its Service Provider or any of its or their subsidiaries, affiliates or promotional agencies, including immediate family and household members; and (5) comply with these Referral Terms and all applicable federal, state and local laws and regulations. A Referrer must already have been a Persona customer at the time such Referrer makes the referral. Further, to be a valid Qualified Referral (defined below), the Friend must complete the purchase or registration process using the Referrer’s Personal Link, and the Friend cannot have been previously registered with the Company as a customer or on the Company’s mailing lists under any other email or alias.
For avoidance of doubt, a “Qualified Referral” means that all the following conditions are met:
- The Friend registered and completed their first purchase on our e-commerce site (www.personanutrition.com) totaling more than $50 USD (after the application of any discounts, including those from this Referral Program, as explained in Section 5 below) using the Referrer’s Personal Link within one (1) year of receipt . If a Friend purchases from or registers with the Company using any other method, the registration will not count as a Qualified Referral and the Referrer will not be entitled to the benefits or rewards of a Qualified Referral;
- The Friend had not previously registered with the Company as a customer (or on the Company’s mailing lists) or made a purchase with the Company under any other email address or alias;
- The Friend is eligible as a “User” (as defined above); and
- Only one Qualified Referral can be earned for each Friend, up to a maximum of ten (10) Friends per calendar year. Any additional or subsequent purchases made by a Friend will not be considered Qualified Referrals and thus not be entitled to the benefits of Qualified Referrals.
4. Restrictions
Referrers cannot refer themselves, create multiple, fictitious, or fake accounts with the Company, or participate in the Referral Program as “Friends.” No User may use the Referral 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 Referral Program. In addition, you may not (i) tamper with the Referral 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 under the Referral Program. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE REFERRAL 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.
The referral offer is valid only for intended email recipients and cannot be combined with additional offers when available. Terms, conditions, features, availability, exclusions, pricing, fees, service, and support options are subject to change without notice.
5. Rewards
PLEASE NOTE THAT YOU MUST TELL YOUR FRIENDS THAT YOU ARE ELIGIBLE TO RECEIVE A REWARD IF THEY MAKE A QUALIFYING PURCHASE. If you do not do so, it is a violation of these Referral Terms and may result in your immediate termination from the Referral Program, disqualification from future participation, and forfeiture of any reward(s) owed to you as a result of your participation in this Referral Program.
For each verified Qualified Referral, the Referrer will receive one (1) reward in the form and value determined by the Company as advertised on the Program Website, and the Friend will receive a Referral Program discount of 60% off their first full price order (up to a pre-discount application value of $500 USD (i.e., a maximum value of $250 USD)) completed using the Referrer’s Personal Link. Rewards may be redeemed in various forms in the Company’s sole discretion, including, but not limited to, in the form of a gift card for a major retailer or a Persona credit that can be applied to the Referrer’s order. Restrictions may apply. For example, if the reward is in the form of a gift card, it may be subject to the card issuer’s terms and conditions. These rewards will be automatically applied each month (with up to a 5-business day waiting period).
For clarity, in order to receive the rewards described above, the Friend’s first order must be a minimum of $125 USD before the Referral Program discount of 60% mentioned above. The Friend must use the Referral Program discount within one (1) year of receipt of the referral offer or it will expire and be forfeited. A Friend can only receive one such discount reward and cannot receive multiple such rewards from multiple Referrers. The referral offer to the Friend requires the purchase of merchandise only and does not apply to the purchase of online gift certificates, gift boxing, taxes, discounts, chargebacks, returns, fraudulent payments, third-party fees, and shipping and handling charges. The Referrer can earn a maximum of ten (10) rewards per calendar year (i.e., up to $250 USD in value). The Referrer must use gift cards received as rewards in accordance with any terms of the card issuer (and the reward is subject to those terms). Gift cards received as rewards may have expiration dates. Rewards may only be used for domestic purchases. The Company may at times offer different value amounts under this Program for a limited period. The recipient of any reward is responsible for any taxes or other obligations related to receiving such reward.
All rewards are subject to verification. 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. All of the Company’s decisions are final and binding, including decisions as to whether a Qualified Referral, or reward is verified. Unless otherwise stated, 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. Once you end your subscription with Company, you forfeit all remaining rewards and potential rewards (if any) associated with your Account.
6. Personal Links
Your Personal Link may be shared only via SMS, personal email, Facebook, or Twitter using the share experience on www.personanutrition.com referral and https://www.personanutrition.com/refer/. It cannot be posted on any other public forums. Such use must comply with the terms and conditions of the third-party site on which the referral Personal Link is used.
You must include a disclosure statement within any websites, pages, blogs/posts, or social media posts where the Personal Link is posted. This disclosure statement must be clear and concise and state that we are compensating you for your participation in the Referral Program. In addition:
- Disclosures must be made as close as possible to the Personal Link and related claims.
- Disclosures should be placed “above the fold” of the web page; scrolling should not be necessary to find the disclosure (e.g., the disclosure should be visible before the jump).
- Pop-up disclosures are prohibited.
- Disclosures must otherwise comply with all FTC disclosure requirements and any other applicable laws.
For more information about FTC disclosure requirements, please review the FTC’s “Dot Com Disclosures” Guidelines available at www.ftc.gov/os/2013/03/130312dotcomdisclosures.pdf; and the FTC’s Endorsement Guidelines available at business.ftc.gov/advertising-and-marketing/endorsements.
7. Privacy
The personal information collected, processed, and used as part of the Referral Program will be used in accordance with the Company’s Privacy Statement, which is available by link on the www.personanutrition.com. See Privacy Policy here. The Referral Program may also use one or more service providers. For instance, as of December 2021, the Referral Program uses FriendBuy (“Service Provider”). You can find more information about their privacy policy, terms of use, and services on their webpage. By participating in the Program, Users agree to receive transactional emails about the Program as well as general marketing emails and communications from the Company. Where a User provides personal information about the User’s friends, family members or colleagues to receive communications via the Program, the Referrer represents and warrants to the Company that Referrer has the prior written consent of the owner of such information. The personal information provided will be used by the Company for sending communications on behalf of the User.
If a Referrer unsubscribes from receiving Program transactional emails or general marketing emails from the Company, he or she will no longer be able to access previously issued rewards, which shall be forfeited. If a Friend is on the Company’s email unsubscribe list, the referral email will not be sent. If a Friend unsubscribes from receiving Program transactional emails or general marketing emails from the Company prior to completing the registration/purchase step noted below, the Referrer will not receive a reward for the referral.
8. Publicity
Participation in the Program or acceptance of a reward constitutes permission to the Company and it designees to use any User’s first and last name, company name, User profile information, statements, biographical information, and city and state address 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 permitted by law.
9. Content and Use
The online platform and the Program also contain contents that include designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other content (collectively, “Content”). As between the User and the Company, all Content is the property of the Company or its licensors and is protected under patent, trademark, copyright, and other intellectual property laws. The compilation (meaning the collection, arrangement, and assembly) of all Content on the online platform or Program is the exclusive property of the Company and is protected by patent, trademark, copyright, and other intellectual laws.
The online platform is subject to license from Service Provider. Subject to these Referral Terms as well as under any licenses granted by Service Provider that permit you to access the online platform for the Program, the Company grants you permission to access and use the online platform, together with the Program and the Content, solely for your personal, non-commercial use. This permission, including any aspect deriving from Service Provider’s license to the online platform, is revocable at any time without notice and with or without cause. Unauthorized use of the Content may violate patent, trademark, copyright, and other laws, 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.
The registered or unregistered logos, product and service names are or may be trademarks of the Company or its licensors (the "Marks"). Without the Company's prior written permission, and except as solely enabled by any link as provided by the Company, you agree not to display or use in any manner the Marks.
10. Liability
YOU UNDERSTAND AND AGREE THAT THE RELEASED PARTIES (DEFINED BELOW) 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 THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). 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 MAY NOT APPLY TO YOU. By participating in the Referral Program, you agree to defend, indemnify, release, and hold harmless Persona, Service Provider (FriendBuy), and their respective 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 Referral 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 in any way relating to the Referral 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 any benefit in the Referral Program, and/or for their breach of any of these Referral Terms. For the avoidance of doubt, the Released Parties shall not be liable for any technical errors or malfunctions, data theft or corruption, any printing or typographical error, or any damage to any computer system resulting from participating in, or accessing or downloading information in connection with, the Referral Program. The Released Parties shall not be liable to any Users for failure to supply any advertised benefit by reason of any acts of God, any action or request by any governmental or quasi-governmental entity (whether or not valid), or any other activity or action that is beyond any of the Released Parties’ control. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH, OR IN ANY WAY RELATING TO THE REFERRAL PROGRAM, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100 USD.
11. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) THE REFERRAL PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS, AND TERMS 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 REFERRAL PROGRAM, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE AND GIVE NO WARRANTY THAT (i) THE REFERRAL PROGRAM WILL MEET YOUR REQUIREMENTS, (ii) THE REFERRAL PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, AND (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE REFERRAL PROGRAM WILL MEET YOUR EXPECTATIONS, AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE REFERRAL 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.
12. Bulk Distribution (“Spam”)
Each Referrer is the actual sender of the emails and must comply with applicable law. Referrals must be created and distributed in a personal manner that is appropriate and customary for communications with friends, colleagues, and family members. By submitting any email address as part of the Referral Program, the Referrer represents that he or she has the appropriate permission and consent. Bulk email distribution, distribution to strangers, or any other use of the services described herein in a manner that is not promoted is expressly prohibited and may be grounds for immediate termination and further legal action. The Company has no obligation to monitor the Referral Program or any communications; however, the Company may choose to do so and block any email messages, remove any such content, or prohibit any use of the Referral Program. Referrers who do not comply with the law, including anti-spam laws, are obligated to indemnify the Referral Program Entities against any liabilities, costs, and expenses it incurs as a result of such spam.
13. Sign-In Credentials
Users are responsible for maintaining the confidentially of any sign-in credentials and are fully responsible for all activities that occur through the use of such credentials. Users agree to notify the Company immediately if they suspect the confidentiality of their sign-in credentials have been compromised or they suspect unauthorized access to their Account. Users agree that the Company will not be liable for any loss of a User’s credentials or damage arising from unauthorized use of their credentials.
14. Right to Cancel, Modify, or Terminate
We reserve the right to cancel, modify, or terminate the Referral Program at any time for any reason, as well as the methods through which rewards are earned and the type or value of rewards. We reserve the right to disqualify any User at any time from participation in the Referral Program if he or she does not comply with any of these Referral Terms.
16. General Terms
These Referral Terms constitute the entire agreement between Users and the Company concerning Users’ participation and use of the Program. The failure of the Company to exercise or enforce any right or provision of these Referral Terms shall not constitute a waiver of such right or provision. If any provision of these Referral Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Referral Terms remain in full force and effect. A person who is not a party to these Referral Terms shall have no right to enforce or receive the benefit of any of these Referral Terms.
