Customer Referral Program Terms & Conditions

ZIRO Inc. (“ZIRO” or “We”) offers brand supporters (“Referrer” or “You”) the opportunity to participate in its referral program (the “Program”). We reserve the right to amend or terminate the Program at any time and for any reason. The Program is administered by ZIRO.

The Referrer is bound by these Terms and Conditions by participating in the Program. By participating in the Program, the Referrer agrees to use the Program as specified in these Terms and Conditions. If you do not agree to these Terms and Conditions in their entirety, you are not authorized to register as a Referrer or to participate in the Program in any other manner. Referrers may not participate in the Program where doing so would be prohibited by any applicable law or regulations.

We reserve the right to modify or amend at any time these Terms and Conditions and/or the methods through which rewards are earned. We reserve the right to disqualify any Referrer from participation in the Program at any time at our sole discretion, including without limitation if he/she does not comply with any of these Terms and Conditions or otherwise fails to comply with any applicable laws (including, without limitation, through any failure to include any disclosures as required by the FTC or otherwise required by ZIRO).

Children.

No part of the program is directed to persons under the age of 18. IF YOU ARE UNDER 18 YEARS OF AGE, YOU MAY NOT USE, ACCESS OR PARTICIPATE IN THE PROGRAM AT ANY TIME OR IN ANY MANNER.

I. How the Program Works

A. Program Participation, Generally

To participate in the Program, Referrers should visit goziro.com/ziro-customer-referral-program and follow the on-screen instructions to refer friends or colleagues to the program by entering their contact information in the relevant fields.
Individuals who receive a referral via a Referrer are “Colleagues” (or, singly, a “Colleague”). An “Eligible” Referrer who is fully compliant with these Terms and Conditions may receive “Reward(s)” for every “Qualified Referral” (all terms in quotes to be understood as defined below).
By participating in the Program, a Referrer represents that he or she has her Colleague’s prior consent to provide their contact information.

B. Eligible Referrer

To be “Eligible,” a Referrer must:

Be an individual who previously or worked or currently works for a ZIRO customer;
Be a legal resident of the United States of America or Canada; and
Be at least 18 years old.

C. Making a Referral

A Referrer must register at goziro.com/ziro-customer-referral-program to make a referral. No previous purchase is required (purchasers and non-purchasers alike are eligible). Once a Referrer refers a Colleague, he/she will be provided with a confirmation email, and will be contacted if a Qualified Referral is made by the referred Colleague within 12 months.
Referrers must respect the spirit of the Program by only referring real individuals who meet the requirements of these Terms and Conditions. Referrers cannot refer themselves. For example, a Referrer may not participate in the Program using multiple or fake email addresses or identities.

D. Qualified Referrals

A “Qualified Referral” means that all the following conditions are met:

The Colleague completed the purchase of at least $25,000 USD of ZIRO services in one order, and purchased through a direct sales representative. If a Colleague purchases from or registers with ZIRO using any other method, the registration will not count as a Qualified Referral and the Referrer will not earn Credit;
The Colleague had not previously made a purchase with ZIRO under any email address or alias;
The Colleague is a) a legal resident of the United States of America or Canada and b) at least 18 years old; and
Only one Qualified Referral can be earned for each Colleague, up to a maximum of ten (10) Colleagues per calendar year, unless otherwise allowed by ZIRO. Any additional or subsequent purchases made by a Colleague will not be considered Qualified Referrals and thus not be entitled to the benefits of Qualified Referrals.

E. Earning Rewards

Referrer shall receive one (1) reward (each, a “Reward”) in the form and value determined by ZIRO for each verified Qualified Referral generated by Referrer. A maximum of ten (10) Rewards may be earned by Referrer per calendar year for Qualified Referrals. Any additional or subsequent referrals made by a Referrer will not be considered Qualified Referrals and thus not be entitled to the Reward, unless otherwise allowed by ZIRO.
Rewards may be redeemed within 18 months of issue.

F. Verified Qualified Referrals

Rewards are subject to verification. ZIRO may delay a Reward for the purposes of investigation. ZIRO may also refuse to verify and process any transaction ZIRO deems, in its sole discretion, to be fraudulent, suspicious, in violation of these Terms and Conditions, or believes will impose potential liability on ZIRO, its subsidiaries, affiliates, or any of their respective officers, directors, employees, representatives, and agents. All of ZIRO’s decisions are final and binding, including decisions as to whether a Qualified Referral, or Reward is verified.

G. Transfer and Value of Credit and Rewards

Rewards may not be redeemed for cash. Rewards are not transferable and may not be auctioned, traded, bartered, or sold. Upon termination of the referral program or any portion thereof for any reason, any unredeemed Rewards that have not yet been delivered to Referrer are forfeited.

II. Privacy.

Referrers may participate in the Program made available by ZIRO in order to refer their Colleagues to ZIRO as potential new ZIRO customers. To do this, Referrers must necessarily submit personal information about themselves and their Colleagues, such as name and e-mail address information, so that ZIRO can send communications to the Colleagues on the Referrers’ behalf. The personal information will be collected, processed, and used in accordance with ZIRO’s Privacy Statement, which can be found at https://goziro.com/company/privacy-policy/ .

Referrers understand that, in addition to the initial communications to Colleagues, ZIRO may also use the personal information to send to Colleagues additional follow-up communications on behalf of the Referrers in order to encourage or remind the Colleagues to complete a purchase. The personal information may also be used by ZIRO to contact Referrers with regard to their participation in the Program and to send to Referrers additional communications from ZIRO.

III. Content Ownership and Use.

A. ZIRO’s services contain Content that includes designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other content (collectively, “Content”). As between Referrer and ZIRO, all Content is the property of ZIRO or its licensors and is protected under copyright, trademark, and other laws. The compilation (meaning the collection, arrangement, and assembly) of all Content on ZIRO’s services is the exclusive property of ZIRO and is protected by copyright, trademark, and other laws.

B. License to You

ZIRO authorizes you, subject to these terms, to access and use ZIRO’s online platform, the Program, and the Content solely for your personal, noncommercial use. This license is revocable at any time without notice and with or without cause. Unauthorized use of the Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original Content on any copy you make of it.

C. Trademarks

The registered or unregistered logos, product and service names contained in ZIRO’s services are or may be trademarks of ZIRO or its licensors (the “Marks”). Without ZIRO’s prior written permission, and except as solely enabled by any link as provided by ZIRO, you agree not to display or use in any manner the Marks.

D. User-Submitted Content

IV Liability.

A. By participating in the Program, Referrers agree to:

Be bound by these Terms and Conditions, the decisions of ZIRO and its designees, and the Privacy Policy of ZIRO;
Defend, indemnify, release, and hold harmless ZIRO, its 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 Referrers’ participation in 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 the Program or any Reward); and

B. ZIRO shall not be liable for:

Late, lost, delayed, stolen, misdirected, incomplete, unreadable, inaccurate, unreliable, garbled, or unintelligible entries, communications, or affidavits, regardless of the method of transmission;
Telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors;
Data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials;
Any printing, typographical, administrative, or technological errors in any websites or materials associated with the referral program; or
Claims, demands, and damages in disputes among Referrers or between Referrers and Colleagues; or
Any other injuries, losses, or damages of any kind resulting from acceptance, possession, or use of a reward or from participation in the Program that were not reasonably foreseeable to ZIRO at the relevant time.

ZIRO disclaims any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with the Program, and reserves the right, in its sole discretion, to cancel, modify, or suspend the Program should a virus, bug, computer problem, unauthorized intervention or other cause beyond ZIRO’s control corrupt the administration, security or proper operation of the Program.

ZIRO shall not be liable to any Referrer for failure to supply any Reward or any part thereof by reason of any acts of God, any action(s), regulation(s), order(s), or request(s) by any governmental or quasigovernmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, tornado, tsunami, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slowdown, civil disturbance, insurrection, riot, or any other similar or dissimilar cause beyond any of the released parties’ control.

C. Right to Cancel or Suspend the Program

ZIRO reserves the right to cancel or suspend the Program should ZIRO determine, in its sole discretion, that the administration, security, or fairness of the Program has been compromised in any way.

D. Disclaimer of Warranties

REFERRER EXPRESSLY UNDERSTANDS AND AGREE THAT: (A) YOUR USE OF THE PROGRAM IS AT YOUR SOLE RISK; THE PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ZIRO 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; (B) ZIRO 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 (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.

F. Limitation of Liability and Indemnification

REFERRER EXPRESSLY UNDERSTANDS AND AGREE THAT ZIRO (INCLUDING ANY 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 ZIRO 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, ZIRO’S (INCLUDING ANY 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.
REFERRERS SHOULD USE THE PROGRAM AT THEIR OWN RISK.

V. Conduct.

A. If a solution cannot be found to restore the integrity of the Program after the occurrence of Prohibited Conduct (as defined below), ZIRO reserves the right to cancel, change, or suspend the Program.

B. Prohibited Conduct, Generally

Referrer agrees not to use the Program to:

Violate applicable law;
Infringe the intellectual property rights of ZIRO or any third parties;
Stalk, harass, or harm another individual;
Collect or store personal data about other Referrers;
Impersonate any person or otherwise misrepresent Referrer’s identity;
Interfere with, disrupt, or violate the Terms and Conditions or servers or networks connected to the Program; or disobey any requirements, procedures, policies, or regulations of such networks;
Interfere with another Referrer’s use of the Program;
Attempt to gain unauthorized access to the Program, other accounts, computer systems, or networks connected to the Program;
Transmit any file that contains viruses, worms, trojan horses, or any other contaminating or destructive features;
Conduct any illegal activity or solicit the performance of any illegal activity or other activity that infringes the rights of others;
Resell, barter, trade, auction, or otherwise generate income by providing access to the Program to others.

C. Bulk Distribution (“Spam”)

If a Referrer provides a Personal Link to goziro.com/ziro-customer-referral-program to a Colleague by email, the email must be created and distributed in a personal manner that is appropriate and customary for communications with Colleagues, colleagues, and family members.
Bulk referrals, distribution to strangers, or any other promotion of a Program in a manner that would constitute or appear to constitute unsolicited commercial email or “spam” in ZIRO’s sole discretion is expressly prohibited and may be grounds for immediate termination of the Referrer’s participation in the Program. ZIRO has a no-tolerance spam policy.
ZIRO has no obligation to monitor the content provided by Referrers; however, ZIRO may choose to do so and block any email messages, remove any such content, or prohibit any use of the Program.
While ZIRO is the actual sender of the referral email, each Referrer must nonetheless comply with applicable law. Referrers who do not comply with the law, including anti-spam laws, are obligated to indemnify ZIRO and all of the Released Parties against any liabilities, costs, and expenses incurred due to such violation.

D. Fraudulent and Suspicious Behavior

ZIRO may prohibit a Referrer from participating in the Program or receiving a Reward, in ZIRO’s sole discretion, if ZIRO determines that such Referrer is attempting to undermine the fairness, integrity, or legitimate operation of the Program in any way by cheating, hacking, deception, or any other unfair playing practices intending to annoy, abuse, threaten or harass any other Referrers or any representatives of ZIRO.
Use of any affiliate website, affiliate network properties, automated systems, script, or macro to participate is strictly prohibited and will result in disqualification.
Referrers may not enter with multiple or fake email addresses or accounts, use fictitious identities, or use any system, bot, or other device or artifice to participate in the Program or receive a Reward.
ZIRO reserves the right to disqualify any Referrer and/or cancel any Reward(s) if ZIRO finds a Referrer tampering with the entry process or the operation of the Program or violating these Terms and Conditions in any way.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE PROGRAM. SHOULD SUCH AN ATTEMPT BE MADE, ZIRO RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

VI. Suggestions and Submissions.

A. ZIRO appreciates hearing from users and welcomes your comments regarding the Program. Please be advised, however, that ZIRO does not accept or consider creative ideas, suggestions, inventions, or materials (“Creative Ideas”) other than those that we have specifically requested. While ZIRO values your feedback on the program, please be specific in your comments and do not submit Creative Ideas. If, despite this request, you send ZIRO Creative Ideas, ZIRO:

Shall own, exclusively, all now-known or later discovered rights to the Creative Ideas;
Shall not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any Creative Ideas; and
Shall be entitled to unrestricted use of the Creative Ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.

VII. Applicable Law; Arbitration; Class Waiver; and Waiver of Jury Trial.

A. Any and all disputes, claims and causes of action arising out of or related to the Program or any Reward or other prize awarded pursuant to the Program or to this agreement shall be resolved under California law (without reference to its conflicts of laws principles).

B. Referrers and ZIRO agree to submit to the personal and exclusive arbitration of any disputes relating to the use of ZIRO’s services under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, shall be conducted within Orange County in the state of California. Referrers covenant not to sue or otherwise bring a claim against ZIRO in any other forum.

C. Referrers also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to Referrers’ use of the Program or this agreement:

REFERRERS ARE GIVING UP THEIR RIGHT TO HAVE A TRIAL BY JURY; AND
REFERRERS ARE GIVING UP THEIR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.

VIII. General Terms.

A. These terms constitute the entire agreement between Referrers and ZIRO concerning Referrers’ use of the Program. The failure of ZIRO to exercise or enforce any right or provision of these terms shall not constitute a waiver of such right or provision. If any provision of these terms is found by a court of competent jurisdiction to be invalid, ZIRO and Referrers nevertheless agree that the court should endeavor to give effect to the intentions reflected in the provision, and that the other provisions of these terms shall remain in full force and effect. The section titles in these terms are for convenience only and have no legal or contractual effect. A person who is not a party to these terms shall have no right to enforce or receive the benefit of any of these terms.

Revised 30 AUG 2023. Subject to change without notice.