Merchant Referral Program
Terms and Conditions
PLEASE READ THE FOLLOWING SYNCHRONY BANK MERCHANT REFERRAL PROGRAM TERMS AND CONDITIONS ("PROGRAM TERMS") CAREFULLY BEFORE PARTICIPATING IN THE SYNCHRONY BANK, INC. ("SYNCHRONY BANK") MERCHANT REFERRAL PROGRAM (THE "PROGRAM"). PARTICIPATION IN THE PROGRAM CONSTITUTES YOUR ACCEPTANCE OF ALL PROGRAM TERMS.
Existing customers of SYNCHRONY BANK whose accounts are in good standing and who are validly enrolled in and using SYNCHRONY BANK Merchant Referral Account are eligible to participate in the Program. SYNCHRONY BANK will compensate you through Visa prepaid card based on the number of qualified referrals that you provide to SYNCHRONY BANK and who become active SYNCHRONY BANK customers, as further specified below.
Participant Acceptance; Termination
SYNCHRONY BANK will make all determinations regarding participation in the Program. SYNCHRONY BANK reserves the right to terminate your participation in the Program or cancel the entire Program at any time for any reason or no reason, to the extent permitted by law, upon written notice to you. Any written notices required or permitted to be given by SYNCHRONY BANK hereunder may be delivered by email. By participating in the Program, you consent to delivery of all Program-related notices and information by email to the email address you have registered for your SYNCHRONY BANK Merchant Referral Account and acknowledge that you have the necessary equipment (hardware and software) to receive and read such emails.
Qualified Referrals; Payment
Qualified referrals must (i) be new customers to SYNCHRONY BANK: for purposes of the Program, "new customer" does not include either (1) a person who is a current or pending customer of SYNCHRONY BANK or (2) a person who was a customer of SYNCHRONY BANK within the 30 days immediately prior to the date a SYNCHRONY BANK MERCHANT REFERRAL email invitation was generated by the SYNCHRONY BANK MERCHANT REFERRAL Program to that person; (ii) satisfy all SYNCHRONY BANK enrollment requirements; (iii) enroll with SYNCHRONY BANK online by linking to the SYNCHRONY BANK website through the email or personal link generated by the SYNCHRONY BANK MERCHANT REFERRAL Program from your SYNCHRONY BANK Merchant Referral Account (enrollments from emails or links not generated by the Program are not eligible for bill credits); (iv) remain enrolled for at least 90 consecutive days; and (v) have "cookies" enabled on the computer from which the enrollment is executed. Eligible participants will be issued a prepaid Visa card for each qualified referral. Each qualified referral will also be issued a prepaid Visa card. The amount of such prepaid Visa card will be determined based upon SYNCHRONY BANK’s current offer at the time of the applicable qualified referral's enrollment with SYNCHRONY BANK. The prepaid Visa amount SYNCHRONY BANK is offering may be changed by SYNCHRONY BANK at any time prior to enrollment of a qualified referral without notice to you or your referrals. The SYNCHRONY BANK MERCHANT REFERRAL Program page in SYNCHRONY BANK Merchant Referral Account will contain up-to-date information regarding SYNCHRONY BANK's then current offered prepaid Visa amount. Such prepaid Visa card will be applied as soon as practicable following SYNCHRONY BANK's determination that a qualified referral has met all requirements. By participating in the Program, you agree that SYNCHRONY BANK shall make the final determination as to whether any referral meets all requirements to be considered a qualified referral. Participants in the Program shall be limited to a total incentive equal to $______ per calendar year. $____ includes all bill credits earned through the SYNCHRONY BANK MERCHANT REFERRAL program as well as all other bill credits or monetary rewards earned through any SYNCHRONY BANK special customer promotion during the applicable calendar year. From time to time, SYNCHRONY BANK may offer limited-time promotions which provide for increased incentive payments. They are subject to change without notice to you by updating the information on the SYNCHRONY BANK MERCHANT REFERRAL page in SYNCHRONY BANK Merchant Referral Account.
SYNCHRONY BANK will provide you with access to the Program, which you may use to track your referrals and payment determinations with respect thereto; provided, that your use of the Program is strictly subject to the Program Terms. SYNCHRONY BANK will update the Program with your account information periodically, including setting forth the email addresses to which you have sent an enrollment request email and whether a particular referral is a qualified referral (indicating that a Visa prepaid card will be issued). SYNCHRONY BANK is not obligated to, and will not, release to you the reasons why a particular referral has not been deemed a qualified referral
CAN-SPAM Act Compliance
SYNCHRONY BANK complies with the federal CAN-SPAM Act and honors requests of consumers and customers who choose to opt out of receiving SYNCHRONY BANK marketing emails. Accordingly, if you designate a referral email address that has previously opted out of receiving SYNCHRONY BANK marketing emails, you will be advised that the email address is not eligible to be sent a SYNCHRONY BANK MERCHANT REFERRAL email.
FTC 16 CFR Part 255 Compliance
In connection with your participation in the Program, you may receive confidential and proprietary information of SYNCHRONY BANK, including sensitive customer data ("Information"). You will maintain all of such Information in strict confidence and use the Information only in connection with your participation in the Program.
Independent Contractor Relationship
Your participation in the Program does not authorize you to act on SYNCHRONY BANK’s, its parent's or their respective affiliates' behalf. Nothing herein is intended or will be construed to constitute or imply a joint venture, employer-employee relationship, partnership or association between you and SYNCHRONY BANK, its parent or their respective affiliates. By participating in the Program, you acknowledge that you do so at your own risk and as an independent contractor and that SYNCHRONY BANK is not directing how you perform your obligations hereunder.
Other than with respect to materials provided to in connection with your participation in the Program, your status as a participant in the Program does not entitle you to use any trademarks, copyrighted materials, patents, names, logos or other intellectual property owned or licensed by SYNCHRONY BANK, its parent or their respective affiliates.
By participating in the Program, you agree to and will indemnify and hold SYNCHRONY BANK, its parent and their respective affiliates harmless from and against any and all damages, costs, expenses, claims or liabilities of any kind, including third party claims, whether pending or threatened, including without limitation, attorneys' fees and court costs, incurred by any of them arising out of or related to your participation in the Program or breach of these Program Terms.
Warranty Disclaimers; Limitation of Liability
YOU EXPRESSLY AGREE THAT YOUR PARTICIPATION IN THE PROGRAM IS AT YOUR OWN RISK. THE PROGRAM IS MADE AVAILABLE TO YOU ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. NEITHER SYNCHRONY BANK, ITS PARENT NOR ANY OF THEIR RESPECTIVE AFFILIATES, THROUGH THESE PROGRAM TERMS, MAKES ANY WARRANTY REGARDING THE PROGRAM, AND EACH EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL SYNCHRONY BANK, ITS PARENT OR ANY OF THEIR RESPECTIVE AFFILIATES BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA AS A RESULT OF CLAIMS, WHETHER BROUGHT IN CONTRACT OR TORT, ARISING OUT OF OR CONNECTED WITH THESE PROGRAM TERMS OR THE PROGRAM, EVEN IF SYNCHRONY BANK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
These Program Terms may be altered, changed, modified or assigned by SYNCHRONY BANK at any time by providing notice to you. Your participation in the Program at any time after SYNCHRONY BANK provides you such notice of changes will constitute your agreement to such changes.
Other Terms and Conditions
These Program Terms are in addition to and do not in any way limit or alter SYNCHRONY BANK Merchant Referral Account terms other terms and conditions or agreements pursuant to which SYNCHRONY BANK allows you to participate in the Program and/or use SYNCHRONY BANK Merchant Referral Account.
You may not assign the right to participate in the Program to any other party. SYNCHRONY BANK may assign these Program Terms or assign or delegate any of its rights or responsibilities hereunder to independent contractors or other third parties. SYNCHRONY BANK shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and executed by an authorized representative of SYNCHRONY BANK. No delay or omission by SYNCHRONY BANK in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
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