Refer-a-Friend Program Terms & Conditions

Last updated on September 12, 2024

I. General

XTL US INC.("xTool" or "We") offers our certain individual customers the opportunity to participate in our Refer-a-Friend Program("Program", temporarily available in the United States only) to obtain Referral Rewards. Please read these Terms & Conditions("T&C") carefully. BY REFERRING A REFEREE, OR OTHERWISE PARTICIPATING IN THE PROGRAM, YOU CONFIRM THAT YOU HAVE READ AND AGREE TO BE BOUND BY THESE T&C.Participation in the Program is also subject to the xTool Term of Service, xTool Privacy Policy, Referral Program FAQ, and additional terms and conditions presented by xTool, all of which are made part of these T&C by this reference.xTool reserves the right to modify, amend or terminate these T&C at any time at our sole and absolute discretion, with or without notice, so please review these T&C frequently. xTool reserves all rights to interpret these T&C.

II.Time Period of the Program

The Program will run from September 12, 2024 and last for an indefinite period ("Program Period"). xTool may at its sole discretion extend or end the Program Period or launch new campaigns. Qualified Purchase taking place within this Program Period will be eligible for claiming rewards pursuant to these T&C.

III.Definition

• Referrer: a legal resident of the United States at least 18 years old who refer Referees to purchase xTool Participating Products in the Program subject to conditions set forth in these T&C.
• Referee: a friend, family member, colleague, or other individual with whom the Referrer has a genuine relationship (including individuals who have opted in to receive email or messages from the Referrer), who did not place the First Order, and has placed First Order with the Referrer's Referral Link or has made Successful Registration. The referee shall be a legal resident of the United States at least 18 years old.
  
• Referral Link: an https link unique to each Referrer participating in the Program, enabling the Referrer to identify which Referee is Linked.
• Connection: Signing up an xTool account via a Referrer's Referral Link. During the Program Period, a Referrer can be Connected with multiple Referees, but a Referee can only be Connected with one Referrer. The Connection relationship, once established, may only be terminated upon expiration of the Program Period.
• First Order: Make full payment for the order of any xTool products (including virtual products, accessories, consumables, etc.) for the first time, even if the order is later partially (but not fully) refunded. An order not involving actual payment, or an order later fully refunded will not be counted as a First Order.
  
• Referral Reward: A benefit xTool offers to the Referrer and Referee upon verification of Successful Purchase or Successful Sign-up.
  

IV. How the Program Works

▸Eligible Referrer

The referrer eligible to participate in this Program shall be an xTool member who has registered an xTool Creators Club account.

▸Make a Referral

• The Referrer signs into his or her personal xTool account on the xTool US site to obtain the Referral Link.
• The Referrer shares the Referral Link with Referees via email, text or other available social media platforms. If the Referrer uses xTool official website page to make a referral, after entering a Referree’s email address and following the on-screen instructions, an email will be created that is sent from xTool’s email address on the Referrer's behalf, whereby the Referee is notified in the email about the Referrer by whom the referral was initiated, naming the Referrer’s email address.
• To make a referral, the Referrer must necessarily submit personal information of the Referrer and Referees, such as name and e-mail address information, so that xTool can send communications to the Referees on the Referrer's behalf. The Referrer shall be solely responsible for ensuring that the Referee has given prior consent to be contacted and provides personal information accordingly.
• In addition to the initial communications to Referees, xTool may also use the personal information to send Referees additional follow-up communications on behalf of the Referrer to encourage or remind the Referees to complete a purchase. The personal information may also be used by xTool to contact Referrers with regards to their participation in the Program and to send to Referrers additional communications from xTool.
  
• xTool's use of personal information in this Program is subject to xTool Privacy Policy.
• Referrers cannot refer themselves by creating multiple or fake xTool accounts or using multiple or fake email addresses or identities.

▸Claim a Reward

For Successful Sign-up: If the Referee did not sign up for any xTool account previously, and has completed xTool account sign-up for the first time via the Referrer's Referral Link ("Successful Sign-up"), the Referrer and Referee will be issued with the following rewards:

For Successful Purchase: If the Referee placed the First Order on the xTool US site through the Referrer's Referral Link ("Qualified Purchase"), both the Referrer and Referee get freeze rewards as follows when the Qualified Purchase is completed. If within 15 days from the day of Qualified Purchase, the Referee does not return the order, cancel the order, get a full refund, etc.("Successful Purchase"), then on the 16th day, the Referer and the Referee's frozen rewards will be approved and available for use at their respective xTool accounts’ My Rewards - My Points upon xTool's verification.

▸Redeem xPoints reward from Referral

You may use Referral Reward points to redeem applicable gift cards or other physical goods from the Point Store. Every 500 xPoints can redeem a $10 gift card. You may use your gift cards on the check-out page. For the new sign-in referees, 200 xPoints from Successful Sign-up's Referee Reward can be redeemed for $4 at checkout in the First Order.

*Each order can only use no more than 5 gift cards.
**You may not resell or trade Referral Reward points.

Prohibited Activities

In addition to other restrictions stipulated herein, the Referrer hereby agrees that the following activities are expressly prohibited and engaging in any of these will be grounds for immediate termination and disqualification from the Program, and may lead to the forfeiture of Referral Rewards:

• direct or indirect self-referrals by the Referrer;
  
• setting up any site redirects from any page on the website or network of websites belonging to the Referrer or any third party so that the page goes directly to the Program webpage;
  
• modifying the Referrer’s Referral Link in any manner, including modifying the Referral Link such that the modified Referral Link leads to a website other than the xTool official website;
  
• spam, bulk distribution of Referral Links, distribution to strangers, or any other promotion of the Referrer’s Referral Link that would constitute or appear to constitute unsolicited commercial e-mail or spam under any applicable law or regulation;
  
• fraud, attempted fraud, or abuse of the Program or these T&Cs;
  
• selling, trading, bartering or providing anything of value to third parties upon the Referral Link and/or Referral Rewards, or otherwise using the Referral Link or Referral Rewards for promotional purposes;
  
• give their Referral Link to others to solicit referrals on Referrer's behalf;
  
• offer incentives or compensation to Referees in conjunction with the use of Referrer's Referral Link;
  
• post, share, sell, or raffle their Referral Link on any online site listing operated by a third party, including but not limited to a coupon site, auction site, social media platform, directory, or map; or
  
• conduct any activities in violation of applicable laws.

V. Termination

• xTool reserves the right to terminate the Program at any time, at its sole and absolute discretion. xTool shall not be liable to provide any Referral Awards in respect of any referrals occurring after the termination of the Program.
  
• xTool may, in its sole and absolute discretion, terminate or suspend any Referrer’s participation in the Program for breach of these T&C or taking any actions that are inconsistent with the intent of these T&C. xTool reserves the right to forfeit any historical Referral Award which have been issued to the relevant Referrer.
  

VI. Disclaimer

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: 

• YOUR USE OF THE PROGRAM IS AT YOUR SOLE RISK; THE PROGRAM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND XTOOL 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;
  
• XTOOL 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
  
• 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.
  

VII. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT XTOOL (INCLUDING ANY AFFILIATES, 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 XTOOL 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, XTOOL'S (INCLUDING ANY AFFILIATES, 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 $100 USD.YOU SHALL USE THE PROGRAM AT YOUR OWN RISK.

VIII. Dispute Resolution

Except where prohibited, disputes, claims and causes of action arising out of or related to this Referral Program or any reward shall be resolved under the laws of California, and participants agree to submit any dispute to the exclusive jurisdiction to the competent courts of California.