Summary
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Merrell (“Merrell”, “we”, or “us”) provides its customers (“Advocates”) the opportunity to refer friends, family members and colleagues (“Friends”) to try Merrell’s products through the Merrell Referral Program ("Program"), which is powered by Merrell’s third party service provider, Extole.
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These Terms and Conditions (“Terms”) apply to you as either the Advocate making the referral or the Friend who receives the referral.
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Advocates are considered the actual sender of the referral emails and therefore must have their Friends’ consent to send the referral and must otherwise abide by applicable law.
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To participate in the Program, you must be a legal resident of the United States of America and at least 18 years old and agree to refer Friends who are at least 18 years old.
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By participating in the Program, you agree to use the Program only as described by these Terms and agree to be bound by these Terms.
- If you do not agree to these Terms, you may not participate in the Program.
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We may modify or amend these Terms at any time. By continuing to participate in the Program, you will be deemed to have accepted the new Terms.
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We reserve the right, in our sole discretion, to prevent any individual from participating in this Program.
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This Program is also subject to our Terms of Use and Privacy Policy.
How the Program Works
Making Referrals
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Advocates may be subject to a maximum number of referrals in total and during a specified time period.
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Once Advocates choose to make referrals, they will be provided with a unique referral link (“Personal Link”) that allows them to share the referral with Friends.
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Advocates must send the Personal Link to Friends in a personal manner that is customary for Advocates’ communications with such Friends.
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Bulk email distribution, distribution to strangers, or any “spam” distribution of referrals is expressly prohibited.
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Advocates cannot send referrals to themselves or to fictitious or fake accounts.
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Advocates have the option to automatically send the Personal Link via email to Friends through the Extole platform.
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Even when sending through the platform, the Advocate is deemed the email sender.
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By using the email option, Advocates must comply with applicable law, including anti-spam laws.
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By submitting any email address as part of the Program, Advocates represent that they have the appropriate permission and consent to provide the email.
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The Advocate’s first name and/or email address may be included in the email.
Earning Discounts and Rewards
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Friends must complete the referral as described in the referral message to receive a twenty dollar (USD$20) reward for their FIRST purchase from Merrell.com.
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Friends must be NEW Merrell customers to receive the discount.
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Advocates receive one (1) reward valued at twenty dollars (USD$20) to utilize on Merrell.com for each verified Qualified Referral that completes a purchase with Merrell. A Qualified Referral means that all the following conditions are met:
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The Friend is a NEW Merrell customer.
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The Friend completed the purchase using the Advocate’s Personal Link.
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If a Friend purchases or registers with the Program using any other link or method, the registration will not count as a Qualified Referral and the Advocate will not earn Reward; and
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The Friend was not previously registered and has not purchased through the Program under any other email address or alias.
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Only one Qualified Referral can be earned for each Friend. Any additional or subsequent purchases made by a Friend will not be Qualified Referrals.
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Advocates cannot create (or encourage their Friends to create) multiple, fictitious or fake accounts with Merrell in order to be deemed a new Merrell customer.
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Employees of Merrell or any of its or their affiliates or promotional agencies are not able to earn rewards.
Redeeming Rewards
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Rewards will be paid out within ten business days after the Friend has completed his or her purchase.
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Only one reward can be used per product.
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Rewards cannot be combined with other offers or discounts.
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Product restrictions may apply.
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Rewards apply to Merrell merchandise only and not shipping & handling, taxes, or packaging.
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Rewards cannot be applied to previous purchases and are not redeemable for cash.
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We reserve the right to refuse the issue of any reward or discount at any time.
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We reserve the right to vary any and all elements of this Program at any time without notice.
Personal Information
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Extole operates the Program on behalf of Merrell. Therefore, we permit Extole to collect personal information (can include but not limited to name, email address, IP address, and shipping address through shopping cart integration) from you to successfully manage the Program in accordance with our Privacy Policy, located at Merrell.com.
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Extole may utilize third-party service providers to process personal information, but only as necessary to provide the Program.
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If you want to be removed from the Program, please contact us at ConsumerPrivacy@wwwinc.com or by clicking the unsubscribe link in a Program email.
Liability and Disclaimers
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You may not 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.
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You may not tamper with the Program, act in an unfair or disruptive manner, or use any system, bot or other device or artifice to participate or receive any benefit in the Program.
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By participating in the Program, you agree to defend, indemnify, release and hold harmless Merrell, Extole, their affiliates, including Wolverine World Wide, Inc., and their respective employees, directors, officers, licensees, licensors, shareholders, and agents, and any person or entity associated with the production, operation or administration of the Program (collectively, the “Released Parties”), from any and all claims, damages and liabilities arising out of or related to your participation in the Program and/or any benefit in the Program, your breach of these Terms, or your failure to comply with applicable law, including data privacy and anti-spam laws.
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YOU UNDERSTAND AND AGREE THAT THE PROGRAM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THE RELEASED PARTIES DISCLAIM ALL WARRANTIES, CONDITIONS AND TERMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OFFERED THROUGH THE PROGRAM, AND IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
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YOU UNDERSTAND AND AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY 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). 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.