Terms & Conditions
Tonal Systems Inc. Refer-a-Friend Program Terms & Conditions
- Qualified Referral. A “Qualified Referral” is defined as a purchase made at www.tonal.com by a person (a “Referred Customer”) who arrives to our website by clicking your Refer-a-Friend program link. You are limited to one Qualified Referral for each Referred Customer; in other words, additional/repeat purchases made by a Referred Customer are not counted as additional Qualified Referrals. An advocate may not post any referral links directly on Tonal’s social media page(s) without written permission from an authorized Tonal representative. An advocate may not post or distribute referral links for any commercial purpose or otherwise publicize for use by the general public or on sites where you are not the primary owner and operator. Tonal reserves the right to refuse to honor referral codes and/or terminate your eligibility for this program if Tonal suspects abuse (such as posting your referral link to deal or coupon aggregator sites, review sites, or video). Any Referrers found to have done so will not be rewarded for the order conversion and may have their advocate links deactivated.
- Referred Customer. The Referred Customer and the Referrer cannot be the same person (for example, by using a different email address).
- Referral Rewards. For you to earn referral rewards as a Referrer, the Referred Customer must complete an order for a Tonal fitness trainer system (“Tonal Machine”). Referral Rewards are based on the value of the Tonal Machine minus all fees including taxes, discounts, shipping, returns, chargebacks, fraudulent payments, and/or other 3rd party fees.
- Reward Payments. Rewards are gift cards for Tonal merchandise sold by Tonal (“Referral Rewards”). The maximum Qualified Referrals earned by any Referrer may be no more than ten total. As a Referrer, you are responsible for any and all tax liability resulting from Referral Rewards.
- Eligibility. Eligibility is limited to individuals only. Tonal Refer-a-Friend Program cannot be used by businesses for affiliate lead generation as determined in Tonal’s sole discretion.
- No Spam. You must comply with all up-to-date “SPAM” laws. For example, emails must be created and distributed in a personal manner and bulk email distribution is strongly discouraged. Any distribution of your referral link that could constitute unsolicited commercial email or “spam” under any applicable law or regulation is expressly prohibited and will be grounds for immediate termination of your account and exclusion from Tonal Refer-a-Friend program.
- Restrictions. Referrer shall (a) avoid deceptive, misleading or unethical practices that are or might be detrimental to Tonal, its customers, or the public; and (b) make no express or implied representations, warranties, or guarantees with regards to the Tonal Machine or any Tonal product or service.
- Right to Close Accounts. Tonal reserves the right to close the account(s) of any Referrer and/or Referred Customer and to request proper payment if the Referrer and/or Referred Customer attempts to use the Refer-a-Friend program in a questionable manner or breaches any of these Terms & Conditions or is in violation of any law, statute or governmental regulation.
- Right to Cancel Program or Change Terms. Tonal reserves the right to cancel the Refer-a-Friend Program or to change these Terms & Conditions at any time in its sole discretion. Any unclaimed referral rewards will be forfeited at that time.
- Indemnification. Referrer at its own expense will defend, indemnify and hold harmless Tonal, its affiliates, successors, assigns, members, shareholders, officers, directors, and agents against all liabilities, obligations, losses, damages, fines, judgments, settlements, charges, interest, expenses (including reasonable attorney fees) resulting from claims, demands, suits, actions, or proceedings arising out of or related to: (a) any warranties or guarantees offered by Referrer regarding Tonal’s goods or services; (b) Referrer’s infringement of any third party intellectual property right, or (c) Referrer’s violation of applicable law.
- Limitation of Liability. Except for claims against Referrer arising out of or related to Referrer’s misappropriation of Tonal’s intellectual property rights, neither party will be liable for any indirect, punitive, special, incidental, or consequential damages even if that party has previously been advised of or could reasonably have foreseen the possibility of such damages.