Effective Date: [February 3, 2020]
This Program is only valid for residents of the United States who are at least eighteen (18) years old. Individuals who are employed by M∙A∙C Cosmetics or any of its subsidiaries, affiliates or promotional agencies are not eligible to participate in the Program – either as an Advocate or Friend (each as defined below).
Rewards: For each Friend that completes an eligible purchase on M∙A∙C Cosmetics’s website directly through an Advocate’s Referral Link within thirty (30) days] from Advocate’s sharing of their Referral Link, the Advocate will receive an incentive which takes the form of a discount on a future eligible purchase at www.maccosmetics.com or a MAC retail store and the Friend will receive an incentive which takes the form of a discount on a future eligible purchase at www.maccosmetics.com or a MAC retail store.
Conditions: The following conditions apply to the Program and related rewards: • A Friend can only earn a Friend’s Incentive once in total. The Advocate may only earn the Advocate’s Incentive 100 times in total. For any one individual, a maximum of 101 Incentives can be earned (once as Friend, 100 as Advocate).
• If a Friend tries to redeem multiple referrals: M∙A∙C Cosmetics will only honor the first Referral Link through which a Friend completes an eligible purchase on M∙A∙C Cosmetics’s website and which is accepted and processed by M∙A∙C Cosmetics. If multiple Advocates have referred the same Friend and the Friend has activated multiple Referral Links, only one Advocate will be entitled to receive their Incentive and the Friend will only receive one Incentive. The Incentive will only be applied to the Advocate of the first Referral Link through which the Friend purchased his/her first eligible M∙A∙C Cosmetics purchase. All other referrals will automatically be invalidated.
• Any Incentive not redeemed within thirty (30) days after being applied to Advocate will automatically expire. The Incentive cannot be transferred, exchanged for any cash or money, or sold.
• The Incentive may not be (i) combined with other offers, discounts, referrals, or gift cards; (ii) sold or transferred; or (iii) redeemed for cash.
• Referral Links are for individual, personal use only and may not be used for commercial purposes, which for the avoidance of doubt includes but is not limited to affiliate lead generation and bidding on M∙A∙C Cosmetics search terms in connection with the Referral Link.
Program Communications: Advocates may receive e-mails about this Program, including an e-mail each time a Friend makes an eligible purchase using their Referral Link and when that transaction is confirmed by M∙A∙C Cosmetics.
Information about Friends: By participating in the Program, Friend acknowledges that M∙A∙C Cosmetics may at its sole discretion, share the Friend’s first name and the fact that they completed an eligible purchase on M∙A∙C Cosmetics’s website to inform the Advocate via email to the Advocate’s email address on file about the status of their referral Incentive .M∙A∙C Cosmetics will not share the details of the Friend’s purchase . If you do not want the Advocate to receive this information about you, please do not complete a purchase M∙A∙C Cosmetics’s website after clicking on the Referral Link.
Indemnification: By participating in the Program, you agree that you will indemnify and hold M∙A∙C Cosmetics, our parents, subsidiaries, affiliates, partners, licensors, officers, directors, employees, and agents harmless for any claim, action, liability, loss, injury or damage resulting, directly or indirectly, from your participation in the Program, including any unlawful sending or sharing of the Referral Link, or your breach of these Terms.
Disclaimer of Warranties; Limitation of Liability: THE PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEITHER WE NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS OR THE PROGRAM, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) UNDER ANY CIRCUMSTANCES FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS; (c) DATA NON-DELIVERY, LOSS, THEFT, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS; (F) ANY INACCURACIES OR OMISSIONS IN CONTENT; OR (G) EVENTS BEYOND OUR REASONABLE CONTROL. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT DEFECTS OR ERRORS WILL BE CORRECTED. FURTHER, YOU AGREE THAT M∙A∙C Cosmetics IS NOT RESPONSIBLE FOR FAULTY REFERRAL LINKS, ANY ERROR, OMISSION, INTERRUPTION, DEFECT OR DELAY IN TRANSMISSION, ORDER PROCESSING, OR COMMUNICATION; TECHNICAL OR MECHANICAL MALFUNCTIONS; ERRORS IN THESE TERMS, IN ANY PROGRAM-RELATED MATERIALS, OR INACCURATE INFORMATION, WHETHER CAUSED BY EQUIPMENT, PROGRAMMING, HUMAN ERROR, OR OTHERWISE.
FURTHER, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE PROGRAM OR YOUR PARTICIPATION IN THE PROGRAM REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR MAXIMUM AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.
Disputes: ARBITRATION REQUIREMENT AND CLASS ACTION WAIVER: PLEASE READ THIS SECTION CAREFULLY — IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT OR CLASS ACTION IN COURT.