GlossGenius, Inc. (“we,” “us,” “Company,” or “GlossGenius”) offers you the opportunity to earn rewards by referring friends and contacts to join the GlossGenius community as new GlossGenius users. Your participation in the GlossGenius Referral Program (“GlossGenius Referral Program” or “Program”) can earn you credits toward future use of the GlossGenius platform, and may also get you additional rewards (a “Reward”).

GlossGenius users (“Users”) who refer others to the program are “Referrers”; those who are referred are “Referred Users” (collectively, “Participants”). These terms (“Terms”) apply to the participation in the Program by Referrers and Referred Users. By participating in the Program, Participants agree to use the Program as outlined herein, and consistent with any other terms we may apply to the Program. If you do not agree to these Terms in their entirety, then you cannot participate in the Program. You also cannot participate in the Program where in so doing, you would violate any applicable law or regulation. This Program is void where such referral programs are prohibited.

A Referrer is eligible to participate in the Program if he/she (a) is a legal resident of the United States; (b) is at least 18 years of age; (c) has an existing, valid GlossGenius account in good standing; and (d) is a Paying GlossGenius User, as defined below.

A Referred User is eligible to participate in the Program if he/she (a) is a legal resident of the United States; (b) is at least 18 years of age; (c) is eligible to create a GlossGenius account; and (d) does not have any existing or previous GlossGenius accounts under any email address or alias.

GlossGenius reserves the right, in its discretion, to deny or terminate eligibility to participate in the Program to any Referrer or Referred User under any or all of his/her accounts. For example, GlossGenius reserves the right to determine that a Referrer’s GlossGenius account is not valid or not in good standing based on criteria that includes, but is not limited to, compliance with GlossGenius’s terms, payment history, and other GlossGenius account activity

Once you have created your GlossGenius account, you will be provided a unique referral link (“Personal Link”) and unique referral code (“Personal Code”) that you can share with your friends and contacts. If an eligible Referred User signs up for GlossGenius using your Personal Link or Personal Code and subsequently becomes a Paying GlossGenius User in good standing, each of you will receive a Reward, as defined below. A Paying GlossGenius User is defined as a GlossGenius User who has completed the GlossGenius free trial period and has paid a subscription fee to GlossGenius, without use of certain promotions or discounts. There can be only one Paying GlossGenius User per account, regardless of the number of professionals associated with that account

Each Referrer will be able to check his/her status on referrals on the GlossGenius app.

You are responsible for any SMS costs imposed by any third party in association with sharing your Personal Link and Personal Code.

To the extent you meet the requirements set forth above, you will receive the Reward advertised to you through either the GlossGenius app or in official GlossGenius communication. GlossGenius reserves the right to limit use of the Reward to a specific time period.

Rewards advertised or offered to other Users may not always be applicable to you and shall have no bearing on the Rewards available to you. The Reward cannot be transferred, substituted, traded, sold, redeemed for cash, or requested in any other form.

All Rewards are subject to verification. GlossGenius may, in its sole discretion, withhold any potential Reward from any User for any reason whatsoever, including but not limited to a User’s engagement in fraud or a violation of these Terms. All GlossGenius decisions are final and binding. If a User’s account is canceled for any reason, unredeemed Rewards are forfeited immediately.

You are responsible for any tax consequences, if any, that may result from your redemption or use of the Reward.

In connection with the Program, Participants agree not to:

• Engage in behavior designed to annoy, abuse, threaten, or harass others
• Spam or otherwise create bulk distributions of the Personal Link or Personal Code that is inappropriate
• Use any type of automated system or bots in connection with the Program
• Violate the intellectual property rights, or any other rights, of GlossGenius or other third parties
• Create multiple accounts and/or duplicate accounts for the purposes of the Program
• Collect or attempt to collect personal data about Users or potential Referred Users
• Make attempts to gain unauthorized access to the software or the Program for any reason
• Engage in illegal, unsportsmanlike, unfair or otherwise problematic activities, including creating fake accounts
• Violate any applicable law or regulation, including the CAN-SPAM Act
• Attempt to mislead anyone in connection with the Program
• Disrupt or undermine the fairness, integrity or legitimate operation of the Program in any way, including by cheating, hacking, deception, tampering with the operation of the Program, or any other unfair practice
• Engage in actions that, in GlossGenius’s sole discretion, disparage or malign or call into question the reputation of GlossGenius
• Use the GlossGenius brand in connection with content that (a) is disparaging or defamatory; (b) promotes racism, bigoty, hatred, discrimination, or physical harm; (c) is offensive, abusive, intimidating, or harassing; (d) is sexually explicit, obscene, and/or contains nudity; (e) is connected to any political and/or religious statement; (f) contains images or references to drugs, alcohol, tobacco, weapons, or firearms; or (g) violates someone else’s privacy rights.

GlossGenius reserves the right to disqualify anyone, cancel Rewards, disable or suspend an account, and contact legal authorities (including law enforcement), if it should discover a user is violating these Terms, including this code of conduct.

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, GLOSSGENIUS RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

Participants agree to release and hold harmless GlossGenius and its subsidiaries, affiliates, advertising or promotion entities, and each of their respective parent companies and each such company’s officers, directors, employees and agents, including any person or entity associated with the production, operation or administration of the Program (collectively, the “Released Parties”) from and against any and all claims or causes of action caused by, arising out of, in connection with, or related to the Program or receipt or use or misuse of any Reward (including, without limitation, any claims for property loss or damage, personal injury, or death).

The Released Parties are not responsible for: (a) any incorrect or inaccurate information, associated with or utilized in the Program; (b) technical failures of any kind; (c) unauthorized human intervention in any part of the Program; (d) technical or human error which may occur in the administration of the Program or the processing of entries; (e) late, lost, undeliverable, damaged or stolen mail, email, or other communication; or (f) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from participation in the Program or receipt or use or misuse of any Reward.

You agree to indemnify the Released Parties from any and all third-party claims, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising in any way from your participation in the Program or your breach or violation of the law or of these Terms. GlossGenius reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim and to reimburse us for the reasonable costs and expenses thereof.

Any and all disputes between you and GlossGenius arising under or related in any way to these Terms or the Program, except for either party’s claim of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret, must be resolved through binding arbitration as set forth in GlossGenius’s Terms & Conditions found at https://glossgenius.com/terms. With respect to any disputes or claims not subject to arbitration, as forth in GlossGenius’s Terms & Conditions, you agree to submit any dispute to the exclusive jurisdiction of the state and federal courts located in New York County, New York.

Except where prohibited, disputes, claims and causes of action arising under or related to these Terms or the Program shall be resolved under the laws of the State of New York (without reference to its conflicts of laws principles).

Except where prohibited, Participants agree that: (a) any and all disputes, claims, and causes of action arising out of or connected with the Program or any Reward awarded shall be resolved individually, without resort to any form of class action; (b) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees; and (c) under no circumstances will User be permitted to obtain awards for, and User hereby waives all rights to claim, indirect, punitive, incidental, and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.

The invalidity or unenforceability of any provision of these Terms will not affect the validity or enforceability of any other provision. In the event that any provision of these Terms is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.

Personal information collected in connection with the Program will be collected, processed and used in accordance with GlossGenius’s Privacy Policy, which can be found at https://glossgenius.com/privacy. In addition, personal information may be used by GlossGenius or on GlossGenius’s behalf, to enable GlossGenius or third party administrators of the Program to contact Participants with regards to participation in the Program.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE PROGRAM AND THE GLOSSGENIUS PLATFORM ARE 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 OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We reserve the right, in our sole discretion, to (a) modify or amend at any time the Program, these Terms and the methods through which Rewards are earned; (b) disqualify any User at any time from participation in the Program for any reason whatsoever, including if he/she does not comply with these Terms; (c) terminate the Program at any time for any reason; and (d) withhold or deduct Rewards obtained by any Participant for any reason, including due to an error, fraudulent or illegal activity, or a violation of these Terms. GlossGenius’s failure to enforce any term of these Terms shall not constitute a waiver of that provision.