Clinique Referral Program Terms and Conditions
Clinique Laboratories, LLC (“we”, “Clinique Laboratories, LLC” or “Company”) is offering you the opportunity to refer friends via a Referral Program (“Program”) offered on the web site located at https://www.clinique.com/ (the “Site”). By participating in the Program, you are agreeing to these Program Terms, the Clinique Terms and Conditions, and understand that your personal information will be treated in accordance with the Clinique Privacy Policy.
Binding Agreement. By using the Site or participating in the Program, you are bound by these Terms and Conditions (“Program Terms”) and indicate your agreement to them. All of the Company's decisions are final and binding.
Privacy. The personal information collected, processed and used as part of the Program will be used in accordance with Company’s Privacy Statement, which is available by link on the Site.
How the Program Works. You must be a legal resident of the United States of America and at least 18 years old to use the Site. Next, you must visit the Site and follow the on-screen instructions to refer friends or family members. Users may refer a maximum of 25 friends or family members during each calendar year and a maximum of 500 times throughout the entirety of the Program. Once an individual makes a referral, he/she becomes a “Referrer” and will be provided with a unique referral link (“Personal Link”) that allows her to receive the benefit or reward advertised on the Site. Referred friends (“Friends”) must complete the referral as described in the referral message. In the event a Friend receives multiple Personal Links from multiple Referrers and completes a purchase, only the Referrer whose Personal Link the Friend uses will receive the Advocate Reward (defined below). Referrers may receive an e-mail each time a Friend makes an eligible purchase using their Referral Link, however, Company will not share the name of the Friend or details of the Friend’s purchase with the Referrer in such communications. Please be advised it may still be possible for the Referrer to otherwise determine which Friend made an eligible purchase using the Referrer’s Referral Link.
Program Communications: You may receive e-mails about this Program, including an e-mail each time a Friend makes an eligible purchase using their Referral Link. If you would like to opt-out of receiving future Clinique Refer-A-Friend marketing emails, you may do so by clicking the unsubscribe link at the bottom of each referral email.
Restrictions. Referrers cannot refer themselves or create multiple, fictitious, or fake accounts with the Company or participate in the Program as “Friends”. No user may use the Program to violate any law, infringe or violate the rights of any third party, or otherwise act in a manner that is deemed harassing, harmful, illegal, hateful, obscene or outside the spirit and intent of the Program. Any time a Referrer shares their Referral Link, they must clearly explain that they earn an incentive which may take the form of a discount on a future eligible purchase at Company if Friend makes a purchase using the Referrer’s Referral Link (the “Incentive”). Disclosing to friends that Referrers earn an Incentive is a legal requirement. Failure of a Referrer to comply may result in losing the Incentive and may be a violation of applicable state and federal laws. In addition, you may not (i) tamper with the Program, (ii) act in an unfair or disruptive manner, or (iii) use any system, bot or other device or artifice to participate or receive any benefit in the Program. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE COMPANY RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
Employees of the Company or any of its or their subsidiaries, affiliates or promotional agencies are not able to participate.Rewards. By making a Valid Referral (defined below), you will receive 20% off (the “Advocate Reward”) and your Friend will receive 20% off. You can earn a maximum of 25 rewards per year. These rewards may be redeemed in various forms in the Company's sole discretion. Restrictions may apply. For example, there may be a limitation on the number of referrals you can make, or 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. Rewards are subject to verification. The Company may delay a reward for the purposes of investigation. The Company may also refuse to verify and process any transaction for any reason. A “Valid Referral” occurs when a Referrer sends their Personal Link to a Friend, that Friend is an individual eligible to receive the discount (as set forth herein), and the Friend uses the Referrer’s Personal Link to receive the discount.
Unless otherwise stated, rewards have no monetary value and may not be redeemed for cash. They are not transferable and may not be auctioned, traded, bartered, or sold.Liability. YOU UNDERSTAND AND AGREE THAT THE RELEASED PARTIES (DEFINED BELOW) 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 THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). By participating in the Program, you agree to defend, indemnify, release and hold harmless the Company, Extole, Inc., as the provider of the referral service, and their respective 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 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 any benefit in the Program. To be clear, the Released Parties shall not be liable for any technical errors or malfunctions, data theft or corruption, any printing or typographical error, or any damage to any computer system resulting from participating in, or accessing or downloading information in connection with the Program. The Released Parties shall not be liable to any users for failure to supply any advertised benefit, by reason of any acts of God, any action or request by any governmental or quasi-governmental entity (whether or not valid), or any other activity or action that is beyond any of the Released Parties’ control. TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES’ 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), WILL NOT EXCEED $100.
Indemnification. By participating in the Program, you agree that you will indemnify and hold Company, our parents, subsidiaries, affiliates, partners, licensors, officers, directors, employees, and agents harmless of r 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 Program Terms.
Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) THE PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS AND TERMS 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 NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE AND GIVE NO WARRANTY THAT (i) THE PROGRAM WILL MEET YOUR REQUIREMENTS, (ii) THE PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, AND (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE PROGRAM WILL MEET YOUR EXPECTATIONS, 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.
Disputes. With respect to any dispute, claim, or controversy regarding the Program, all rights and obligations and all actions contemplated by these Terms shall be governed by the laws of New York, as if the Terms were a contract wholly entered into and wholly performed within New York. ANY DISPUTE RELATING IN ANY WAY TO THE PROGRAM, YOUR PARTICIPATION IN THE PROGRAM, THESE TERMS OR THE RELATIONSHIP BETWEEN THE PARTIES (OTHER THAN CLAIMS RELATING TO THE INTELLECTUAL PROPERTY RIGHTS OF COMPANY OR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS OR LICENSORS OR CLAIMS IN EQUITY) SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN NEW YORK AND YOU AGREE TO SUBMIT YOURSELF TO THE JURISDICTION AND PROCEEDINGS THEREOF. ARBITRATION MEANS THAT AN ARBITRATOR(S) WILL DECIDE THE CLAIM, AND YOU WILL NOT HAVE THE RIGHT TO SUE IN COURT OR TO HAVE A JUDGE OR JURY DECIDE YOUR CLAIM. YOUR RIGHTS TO PREHEARING EXCHANGE OF INFORMATION AND APPEALS MAY ALSO BE LIMITED IN ARBITRATION. It is further agreed that any dispute over the scope of this arbitration provision and any dispute as to whether a claim is arbitral shall be submitted to the arbitrator for decision. Notwithstanding the foregoing, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors or otherwise have a cause of action in equity, we may seek injunctive or other appropriate relief in any court of competent jurisdiction, and you consent to jurisdiction and venue in any such court for such purposes. Arbitration under these Terms shall be conducted under the Consumer-Related Disputes Supplementary Rules then prevailing with the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually, and (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. In the event of any discrepancy between this Section 9 and the dispute section in Company’s Terms and Conditions, the Terms and Conditions shall control.
Bulk Distribution (“Spam”). Each Referrer is the actual sender of the emails and must comply with applicable law. Referrals must be created and distributed in a personal manner that is appropriate and customary for communications with friends, colleagues, and family members. By submitting any email address as part of the Program, the Referrer represents that he/she has the appropriate permission and consent. Bulk email distribution, distribution to strangers, or any other use of the services described herein in a manner that is not promoted is expressly prohibited and may be grounds for immediate termination and further legal action. The Company has no obligation to monitor the Program or any communications; however, the Company may choose to do so and block any email messages, remove any such content, or prohibit any use of the Program. Referrers who do not comply with the law, including anti-spam laws, are obligated to indemnify the Program Entities against any liabilities, costs and expenses it incurs as a result of such spam.
Sign-In Credentials. Users are responsible for maintaining the confidentially of any sign-in credentials and are fully responsible for all activities that occur through the use of them. Users agree to notify the Company immediately if they suspect unauthorized access to their account. Users agree that the Company will not be liable for any loss or damage arising from unauthorized use of their credentials.
Right to Cancel, Modify or Terminate. We reserve the right to cancel, modify or terminate the Program or the Program Terms at any time for any reason without notice. We reserve the right to disqualify any User (defined below) at any time from participation in the Program if he/she does not comply with any of these Program Terms. Your continued participation in the Program constitutes your acceptance of any changes made to these Program Terms. You are responsible for remaining knowledgeable about any changes we may make to these Program Terms.