Referrers are bound by these Terms and Conditions by participating in the Program. By participating in the Program, Referrers agree to use the Program in the manner specified in these Terms and Conditions. If you do not agree to these Terms and Conditions in their entirety, you are not authorized to register as a Referrer or to participate in the Program in any other manner. Referrers may not participate in the Program where doing so would be prohibited by any applicable law or regulations.
We reserve the right to modify or amend at any time these Terms and Conditions and/or the methods through which rewards are earned. We reserve the right to disqualify any Referrers from participation in the Program at any time at our sole discretion, including without limitation if he/she does not comply with any of these Terms and Conditions or otherwise fails to comply with any applicable laws (including, without limitation, through any failure to include any disclosures as required by the law or otherwise required by Optic-Blu).
No part of the program is directed to persons under the age of 18. IF YOU ARE UNDER 18 YEARS OF AGE, YOU MAY NOT USE, ACCESS OR PARTICIPATE IN THE PROGRAM AT ANY TIME OR IN ANY MANNER.
I. How the Program Works
A. Program Participation, Generally
- To participate in the Program, Referrer will be given a unique promo code to share with friends and family.
D. Qualified Referrals
- A “Qualified Referral” means that all the following conditions are met:
- The Friend completed the purchase of at least one Optic-Blu product in one order, and purchased through our online store only. If a Friend purchases from Optic-Blu using any other method, the sale will not count as a Qualified Referral and the Referrer will not earn Credit.
- The qualified referral did not return the purchase for a refund.
E. Earning Rewards
- Referrer shall receive one (1) reward (each, a “Reward”) in the form and value determined by Optic-Blu for each verified Qualified Referral generated by Referrer.
- Rewards may be redeemed in various forms in Optic-Blu's sole discretion, including, but not limited to in the form of a VISA* gift card or ewallet. Restrictions may apply. For example, if the Reward is in the form of a gift card, gift certificate or voucher, it may be subject to the issuer's terms and conditions.
- The Referrer will only be eligible to withdraw the reward once the value of the reward is equal to or exceeds R200.
- The reward will only be added to Referrers balance 30 days after the referral code was redeemed.
- Should there be a refund on any items purchased using the Referrers code then Optic-Blu has the right to deduct the rewarded value from the Referrers balance at any point.
- Optic-Blu has the right to deduct any service fees that may be applicable from reward value.
F. Verified Qualified Referrals
- Rewards are subject to verification. Optic-Blu may delay a Reward for the purposes of investigation. Optic-Blu may also refuse to verify and process any transaction Optic-Blu deems, in its sole discretion, to be fraudulent, suspicious, in violation of these Terms and Conditions, or believes will impose potential liability on Optic-Blu, its subsidiaries, affiliates or any of their respective officers, directors, employees, representatives and agents. All of Optic-Blu's decisions are final and binding, including decisions as to whether a Qualified Referral, or Reward is verified.
G. Transfer and Value of Credit and Rewards
- Rewards are not transferable and may not be auctioned, traded, bartered or sold. Upon termination of the referral program or any portion thereof for any reason, any unredeemed Rewards that have not yet been delivered to Referrer are forfeited.
III. Content Ownership and Use.
A. Optic-Blu's online platform and the Program contain content that includes: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other content (collectively, "Content"). As between Referrer and Optic-Blu, all Content is the property of Optic-Blu or its licensors and is protected under copyright, trademark, and other laws. The compilation (meaning the collection, arrangement, and assembly) of all Content on Optic-Blu's online platform or the Program is the exclusive property of Optic-Blu and is protected by copyright, trademark, and other laws.
B. License to You
- Optic-Blu authorizes you, subject to these terms, to access and use Optic-Blu online platform, the Program, and the Content solely for your personal, noncommercial use. This license is revocable at any time without notice and with or without cause. Unauthorized use of the Content may violate copyright, trademark, and applicable communications 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 contained in Optic-Blu's online platform or the Program are or may be trademarks of Optic-Blu or its licensors . Without Optic-Blu's prior written permission, and except as solely enabled by any link as provided by Optic-Blu.
A. By participating in the Program, Referrers agree to:
- Defend, indemnify, release and hold harmless Optic-Blu, its 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 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 related to Referrers’ participation in the 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 the Program or any Reward); and
B. Optic-Blu shall not be liable for:
- Late, lost, delayed, stolen, misdirected, incomplete, unreadable, inaccurate, unreliable, garbled or unintelligible entries, communications or affidavits, regardless of the method of transmission;
- Telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors;
- Data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials;
- Any printing, typographical, administrative or technological errors in any websites or materials associated with the referral program; or
- Claims, demands, and damages in disputes among Referrers or between Referrers and Friends; or
- Any other injuries, losses or damages of any kind resulting from acceptance, possession or use of a reward, or from participation in the Program, that were not reasonably foreseeable to Optic-Blue at the relevant time.
C. Optic-Blu disclaims any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with the Program, and reserves the right, in its sole discretion, to cancel, modify or suspend the Program should a virus, bug, computer problem, unauthorized intervention or other cause beyond Optic-Blu control corrupt the administration, security or proper operation of the Program.
D. Optic-Blu shall not be liable to any Referrer for failure to supply any Reward or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasigovernmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, tornado, tsunami, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slowdown, civil disturbance, insurrection, riot, or any other similar or dissimilar cause beyond any of the released parties' control.
E. Optic-Blu reserves the right to cancel or suspend the Program should Optic-Blu determine, in its sole discretion, that the administration, security or fairness of the Program has been compromised in any way.
F. Disclaimer of Warranties
REFERRERS EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE PROGRAM IS AT YOUR SOLE RISK; THE PROGRAM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND Optic-Blu EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS AND TERMS (COLLECTIVELY, "PROMISES") 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 PROGRAM, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT; (B) YSI MAKES AND GIVES NO WARRANTY THAT (i) THE PROGRAM WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (ii) THE RESULTS OBTAINED FROM THE USE OF THE PROGRAM WILL BE ACCURATE OR RELIABLE, (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE PROGRAM WILL MEET YOUR EXPECTATIONS, AND (iv) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE 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.
G. Limitation of Liability and Indemnification
- REFERRERS EXPRESSLY UNDERSTAND AND AGREE THAT YSI (INCLUDING ANY VENDORS AND SERVICE PROVIDERS ASSOCIATED WITH OR ASSISTING IN PROVIDING THE PROGRAM) 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 OPTIC-BLU WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE PROGRAM; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE PROGRAM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR THROUGH THE PROGRAM; OR (v) ANY OTHER MATTER RELATING TO THE PROGRAM. 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 IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
- TO THE FULLEST EXTENT POSSIBLE BY LAW, OPTIC-BLU (INCLUDING ANY VENDORS AND SERVICE PROVIDERS) MAXIMUM 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), SHALL NOT EXCEED R300.
- REFERRERS SHOULD USE THE PROGRAM AT THEIR OWN RISK.
A. If a solution cannot be found to restore the integrity of the Program after the occurrence of Prohibited Conduct (as defined below), Optic-Bl reserves the right to cancel, change, or suspend the Program.
B. Prohibited Conduct, Generally
- Referrers agree not to use the Program to:
- Violate applicable law;
- Infringe the intellectual property rights of Optic-Blu or any third parties;
- Stalk, harass, or harm another individual;
- Collect or store personal data about other Referrers;
- Impersonate any person or otherwise misrepresent Referrer's identity;
- Interfere with, disrupt or violate the Terms and Conditions or servers or networks connected to the Program; or disobey any requirements, procedures, policies, or regulations of such networks;
- Interfere with another Referrer's use of the Program;
- Attempt to gain unauthorized access to the Program, other accounts, computer systems, or networks connected to the Program;
- Transmit any file that contains viruses, worms, trojan horses, or any other contaminating or destructive features;
- Conduct any illegal activity or solicit the performance of any illegal activity or other activity that infringes the rights of others;
- Resell, barter, trade, auction or otherwise generate income by providing access to the Program to others.
C. Bulk Distribution ("Spam")
- Bulk referrals, distribution to strangers, or any other promotion of a Program in a manner that would constitute or appear to constitute unsolicited commercial email or "spam" in Optic-Blu’s sole discretion is expressly prohibited and may be grounds for immediate termination of the Referrer's participation in the Program. Optic-Blu has a no-tolerance spam policy.
- Optic-Blu has no obligation to monitor the content provided by Referrers; however, Optic-Blu may choose to do so and block any email messages, remove any such content, or prohibit any use of the Program.
D. Fraudulent and Suspicious Behavior
- Optic-Blu may prohibit a Referrer from participating in the Program or receiving a Credit or Reward, in Optic-Blu sole discretion, if Optic-Blu determines that such Referrer is attempting to undermine the fairness, integrity or legitimate operation of the Program in any way by cheating, hacking, deception, or any other unfair playing practices of intending to annoy, abuse, threaten or harass any other Referrers or any representatives of Optic-Blu.
- Use of any affiliate website, affiliate network properties, automated systems, script, or macro to participate is strictly prohibited and will result in disqualification.
- Referrers may not enter with multiple or fake emails addresses or accounts, use fictitious identities or use any system, bot or other device or artifice to participate in the Program or receive a Reward.
- Optic-Blu reserves the right to disqualify any Referrer and/or cancel any Reward(s) if Optic-Blu finds a Referrer to be tampering with the entry process or the operation of the Program or violating these Terms and Conditions in any way.
- 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, OPTIC-BLU RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
VIII. General Terms.
A. These terms constitute the entire agreement between Referrers and Optic-Blu concerning Referrers' use of the Program. The failure of Optic-Blu to exercise or enforce any right or provision of these terms shall not constitute a waiver of such right or provision. If any provision of these terms is found by a court of competent jurisdiction to be invalid, Optic-Blu and Referrers nevertheless agree that the court should endeavor to give effect to the intentions reflected in the provision, and that the other provisions of these terms shall remain in full force and effect. The section titles in these terms are for convenience only and have no legal or contractual effect. A person who is not a party to these terms shall have no right to enforce or receive the benefit of any of these terms.
*VISA is not a sponsor of this promotion. Except as required by law, VISA Gift Cards ("GCs") cannot be transferred for value or redeemed for cash. GCs are issued by a company Optic-Blu deems fit. All VISA ®,™ & © are IP of VISA, Inc. or its affiliates.