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Indigo Sleep LLC Affiliate Program

Indigo Sleep LLC ("Indigo" or “We”) offers brand advocates (“Advocates” 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, for any reason. The Program is administered by Indigo. 
 
Advocates are bound by these Terms and Conditions by participating in the Program. By participating in the Program, Advocates agree to use the Program in the manner 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 an Advocate or to participate in the Program in any other manner. Advocates 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 Advocates 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 Indigo). 
 
Children.
No part of the program is directed to persons under the age of 13. IF YOU ARE UNDER 13 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
  1. To participate in the Program, Advocates should visit https://indigosleep.com/pages/referrals and follow the on-screen instructions to refer friends, family members or colleagues to the program by entering your name and email address in the relevant fields.
  2. Individuals who receive a referral via an Advocate are "Friends" (or, singly, a “Friend). An "Eligible" Advocate 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).
  3. By participating in the Program, an Advocate represents that he or she has her Friends’ prior consent to provide their email addresses.
 
B. Eligible Advocate
  1. To be "Eligible," an Advocate must:
  2. Be a legal resident of the United States of America; and
  3. Be at least 18 years old.
 
C. Making a Referral
  1. An Advocate must register at https://indigosleep.com/pages/referrals to make a referral. No previous purchase is required (purchasers and non-purchasers alike are eligible). Once an Advocate signs up, he/she will be provided with a unique referral code ("Personal Code") that allows the Advocate to receive credit for Qualified Referrals ("Credit"). Personal Links will be issued only to individuals.
  2. Advocates must respect the spirit of the Program by only referring real individuals who meet the requirements of these Terms and Conditions. Advocates cannot refer themselves. For example, an Advocate may not create multiple or fake accounts with Indigo or participate in the Program using multiple or fake email addresses or identities.
 
D. Qualified Referrals
  1. A “Qualified Referral” means that all the following conditions are met:
  2. The Friend completed the purchase of at least one Indigo mattress in one order, using the Advocate’s Personal Code. If a Friend purchases from or registers with Indigo using any other link or method, the registration will not count as a Qualified Referral and the Advocate will not earn Credit;
  3. The Friend was not previously registered with Indigo under any email address or alias;
  4. The Friend is a) a legal resident of the United States of America) at least 18 years old; and
  5. Only one Qualified Referral can be earned for each Friend, up to a maximum of $600 in Rewards value per calendar , unless otherwise allowed by Indigo Any additional or subsequent purchases made by a Friend will not be considered Qualified Referrals and thus not be entitled to the benefits of Qualified Referrals. No partial rewards will be given. 
E. Earning Rewards
  1. Advocate shall receive in his or her Indigo Code one (1) reward (each, a “Reward”) in the form and value determined by Indigo for each verified Qualified Referral generated by Advocate. An Advocate may earn a maximum of $600 in Rewards value per calendar year for Qualified Referrals. Any additional or subsequent referrals made by an Advocate will not be considered Qualified Referrals and thus not be entitled to the Reward. No partial rewards will be given.
  2. Rewards may be redeemed in various forms in the Indigo's sole discretion, including, but not limited to in the form of an Indigo Sleep gift card. Restrictions may apply. For example, 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.
  3. Rewards earned can be checked by contacting Indigo Support at support@indigosleep.com. Rewards are issued at Indigo's discretion following a request by email.
 
F. Verified Qualified Referrals
  1. Rewards are subject to verification. Indigo may delay a Reward for the purposes of investigation. Indigo may also refuse to verify and process any transaction Indigo deems, in its sole discretion, to be fraudulent, suspicious, in violation of these Terms and Conditions, or believes will impose potential liability on Indigo, its subsidiaries, affiliates or any of their respective officers, directors, employees, representatives and agents. All of Indigo'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
  1. Rewards have no monetary value and 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, or upon cancellation of a Referrer's Indigo account for any reason, any unredeemed Rewards that have not yet been delivered to Referrer are forfeited.
 
 II. Privacy. 
 
Advocates may participate in the Program made available by Indigo in order to refer their Friends to Indigo as potential Indigo customers. To do this, Advocates must necessarily submit personal information about themselves and their Friends, such as name and e-mail address information, so that Indigo can send communications to the Friends on the Advocates’ behalf. The personal information will be collected, processed and used in accordance with Indigo's Privacy Statement, which can be found at https://indigosleep.com/pages/privacy-policy Advocates understand that, in addition to the initial communications to Friends, Indigo may also use the personal information to send to Friends additional follow-up communications on behalf of the Advocates in order to encourage or remind the Friends to complete a purchase. 
 
 III. Content Ownership and Use. 
 
A. Indigo’s online platform and the Program 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 Advocate and Indigo, all Content is the property of Indigo or its licensors and is protected under copyright, trademark, and other laws. The compilation (meaning the collection, arrangement, and assembly) of all Content on Indigo’s online platform or the Program is the exclusive property of Indigo and is protected by copyright, trademark, and other laws.  
 
B. License to You
  1. Indigo authorizes you, subject to these terms, to access and use Indigo’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
  1. The registered or unregistered logos, product and service names contained in Indigo’s online platform or the Program are or may be trademarks of Indigo or its licensors. Without Indigo’s prior written permission, and except as solely enabled by any link as provided by Indigo, you agree not to display or use in any manner these logos and names.
 
D. User-Submitted Content
  1. The registered or unregistered logos, product and service names contained in Indigo’s online platform or the Program are or may be trademarks of Indigo or its licensors  Without Indigo’s prior written permission, and except as solely enabled by any link as provided by Indigo, you agree not to display or use in any manner these things.
 
 IV. Liability. 
 
A. By participating in the Program, Advocates agree to:
  1. Be bound by these Terms and Conditions, the decisions of Indigo and its designees, and the Privacy Policy of Indigo;
  2. Defend, indemnify, release and hold harmless Indigo, 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 Advocates’ 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. Indigo shall not be liable for:
  1. Late, lost, delayed, stolen, misdirected, incomplete, unreadable, inaccurate, unreliable, garbled or unintelligible entries, communications or affidavits, regardless of the method of transmission;
  2. Telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors;
  3. Data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials;
  4. Any printing, typographical, administrative or technological errors in any websites or materials associated with the referral program; or
  5. Claims, demands, and damages in disputes among Advocates or between Advocates and Friends; or
  6. 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 Indigo at the relevant time.
 
C. Indigo 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 Indigo’s control corrupt the administration, security or proper operation of the Program. 
 
D. Indigo shall not be liable to any Advocate 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.  
 
E. Indigo reserves the right to cancel or suspend the Program should Indigo determine, in its sole discretion, that the administration, security or fairness of the Program has been compromised in any way.  
 
F. Disclaimer of Warranties
  1. ADVOCATES EXPRESSLY UNDERSTAND 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 INDIGO 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) INDIGO 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.
 
G. Limitation of Liability and Indemnification
  1. ADVOCATES EXPRESSLY UNDERSTAND AND AGREE THAT THE INDIGO (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 INDIGO 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.
  2. TO THE FULLEST EXTENT POSSIBLE BY LAW, INDIGO'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.
  3. ADVOCATES SHOULD USE THE PROGRAM AT THEIR OWN RISK.
 
 V. Publicity. 
 
A. Participation in the Program or acceptance of a Reward constitutes permission to Indigo to use any Advocate's first and last name, company name, Indigo profile information, statements, biographical information, city and state address, social media activity and/or public online content for any and all promotional or advertising purposes in connection with the program, on a worldwide basis and in all forms of media without review, permission or further compensation of any amount or kind whatsoever, where and to the greatest extent permitted by applicable law.  
 
 VI. Conduct. 
 
A. If a solution cannot be found to restore the integrity of the Program after the occurrence of Prohibited Conduct (as defined below), Indigo reserves the right to cancel, change, or suspend the Program.  
 
B. Prohibited Conduct, Generally
  1. Advocates agree not to use the Program to:
  2. Violate applicable law;
  3. Infringe the intellectual property rights of Indigo or any third parties;
  4. Stalk, harass, or harm another individual;
  5. Collect or store personal data about other Advocates;
  6. Impersonate any person or otherwise misrepresent Advocate's identity;
  7. 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;
  8. Interfere with another Avocate's use of the Program;
  9. Attempt to gain unauthorized access to the Program, other accounts, computer systems, or networks connected to the Program;
  10. Transmit any file that contains viruses, worms, trojan horses, or any other contaminating or destructive features;
  11. Conduct any illegal activity or solicit the performance of any illegal activity or other activity that infringes the rights of others;
  12. Resell, barter, trade, auction or otherwise generate income by providing access to the Program to others.
 
C. Bulk Distribution ("Spam")
  1. If an Advocate provides a Personal Link to a Friend by email, the email must be created and distributed in a personal manner that is appropriate and customary for communications with friends, colleagues and family members.
  2. Bulk email distribution, distribution to strangers, or any other promotion of a Personal Link in a manner that would constitute or appear to constitute unsolicited commercial email or "spam" in Indigo’s sole discretion is expressly prohibited and may be grounds for immediate termination of the Advocate's account and deactivation of the personal link. Indigo has a no-tolerance spam policy.
  3. Indigo has no obligation to monitor the content provided by Advocates; however, Indigo may choose to do so and block any email messages, remove any such content, or prohibit any use of the Program.
  4. While Indigo is the actual sender of the referral email, each Advocate must nonetheless comply with applicable law. Advocates who do not comply with the law, including antispam laws, are obligated to indemnify Indigo and all of the Released Parties against any liabilities, costs and expenses incurred as a results of such violation.
 
D. Fraudulent and Suspicious Behavior
  1. Indigo may prohibit an Advocate from participating in the Program or receiving a Credit or Reward, in Indigo’s sole discretion, if Indigo determines that such Advocate 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 of intending to annoy, abuse, threaten or harass any other Advocates or any representatives of Indigo.
  2. Use of any affiliate website, affiliate network properties, automated systems, script, or macro to participate is strictly prohibited and will result in disqualification.
  3. Advocates may not enter with multiple or fake emails 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.
  4. Indigo reserves the right to disqualify any Advocate and/or cancel any Reward(s) if Indigo finds an Advocate to be tampering with the entry process or the operation of the Program or violating these Terms and Conditions in any way.
  5. 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, INDIGO RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
 
 VII. Suggestions and Submissions. 
 
A. Indigo appreciates hearing from users and welcomes your comments regarding the Program. Please be advised, however, that Indigo does not accept or consider creative ideas, suggestions, inventions, or materials ("Creative Ideas") other than those which we have specifically requested. While Indigo values your feedback on the program, please be specific in your comments and do not submit Creative Ideas. If, despite this request, you send Indigo Creative Ideas, Indigo:
  1. Shall own, exclusively, all now known or later discovered rights to the Creative Ideas;
  2. Shall not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any Creative Ideas; and
  3. 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.
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