Referral Terms of Service
Earnest Student Loan Referral Terms and Conditions
Earnest LLC, its subsidiary Earnest Operations LLC, and other affiliates (collectively, “we”, “Earnest” or “Company”) may, from time to time, offer the opportunity to refer friends and family to apply for an Earnest student loan refinance (“Earnest Referral Program” or “Program”). We reserve the right to terminate the Program at any time for any reason.
Users (defined below) are bound by the Earnest Student Loan Referral Terms and Conditions (“Terms and Conditions”) by participating in the Program. By participating in the Program, Users 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 become a Referrer (defined below) or participate in the Program in any manner. Users may not participate in the Program where doing so would be prohibited by any applicable law or regulation.
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 User or Referrer at any time from participation in the Program if he/she does not comply with any of these Terms and Conditions.
Children. No part of the Program is directed to persons under the age of 18. IF YOU ARE UNDER 18 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE PROGRAM AT ANY TIME OR IN ANY MANNER.
HOW THE PROGRAM WORKS
PROGRAM PARTICIPATION, GENERALLY
Users will be given a unique referral URL and a unique identifier code to refer friends, family members or colleagues in their Earnest account. Users who refer are called “Referrers.” Individuals who receive a unique referral URL or a unique identifier code are called “Referred Clients.” An “Eligible Referrer” is a person who makes a referral under this Program, meets the Eligible Referrer criteria below, and who is fully compliant with these Terms and Conditions. An Eligible referrer may receive “Reward(s)” for every “Qualified Referral.”
MAKING A REFERRAL
An individual must set up an Earnest account to make a referral by starting a loan application at earnest.com. No purchase is required. The individual will be provided with a unique referral URL and a unique identifier code. Once an individual refers a friend, family member or colleague, he/she becomes a Referrer. The unique referral URL and a unique identifier code allow the Referrer to receive Rewards for Qualified Referrals. Unique referral URLs or unique identifier codes will be issued only to individuals.
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 create multiple or fake accounts with Earnest or participate in the Program using multiple or fake email addresses or identities.
Referrers agree not to solicit applications for Earnest’s student loan refinancing product. Referrers also agree not to compensate, or accept any compensation from Referred Customers in connection with such referrals. Referrers further agree that their activities will be limited to informing Referred Customers about Earnest’s student loan refinancing product so that they may independently decide whether or not to apply for such product. Referrers may not collect information from Referred Customers for the sole purpose of completing a loan application for or assisting with filling out a loan application for the student loan refinancing product.
To be an Eligible Referrer, an individual must:
- be a legal resident of the United States of America (excluding Massachusetts, Michigan, and Kentucky);
- be of the age of majority in their state of residence; and
- maintain an Earnest account.
Employees of the Company or any of its or their subsidiaries, affiliates or promotional agencies, including immediate family and household members, are not eligible.
A Qualified Referral means that all of the following conditions are met:
- The Referred Customer is a legal resident of the United States of America (excluding Massachusetts, Michigan, and Kentucky);
- The Referred Customer is at or above the age of majority in their state of residence;
- The Referrer Customer has never had an Earnest loan;
- The Referred Customer completed the application process with the Referrer’s unique referral URL or identifier code. If a Referred Customer completed the application using any other link or method, the registration will not count as a Qualified Referral and the Referrer will not earn Reward(s); and
- The Referred Customer contracts for a student loan refinance with the Company and does not cancel the loan within any applicable grace period.
The Eligible Referrer, and their Referred Customers that have signed up using an Eligible Referrer’s unique referral URL or identifier code will receive Reward(s). Varying reward amounts and additional terms will be shown in the referral invitation or accompanying promotional materials. Payment shall be provided to their respective accounts via ACH, unless otherwise communicated.
VERIFIED QUALIFIED REFERRALS
Rewards are subject to verification. The Company may delay a Reward for the purposes of investigation. They may also refuse to verify and process any transaction Company deems, in its sole discretion, to be fraudulent, suspicious, in violation of these Terms and Conditions, or believes will impose potential liability on Company, its subsidiaries, affiliates or any of their respective officers, directors, employees, representatives and agents.
All of the Company’s decisions are final and binding, including decisions as to whether a Qualified Referral, Credit or Reward is verified.
TRANSFER AND VALUE OF REWARDS
Rewards are not transferable and may not be auctioned, traded, bartered or sold. Upon termination of the Program or any portion thereof for any reason, or upon cancellation of a Referrer’s Earnest account for any reason, any unredeemed Rewards accumulated by the Referrer are forfeited.
CONTENT OWNERSHIP AND USE
The online platform and the Program contain contents that include: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other content (collectively, “Content”). As between the User and the Company, all Content is the property of the Company or its licensors and is protected under copyright, trademark, and other laws. The compilation (meaning the collection, arrangement, and assembly) of all Content on the online platform or Program is the exclusive property of the Company and is protected by copyright, trademark, and other laws.
User participation in the Program is solely as an independent contractor. Neither Users nor Earnest intends to establish an employment relationship and Users are not entitled to any benefits. If the cumulative Rewards paid to an individual in a one calendar year exceed $599 USD, then a form W-9 may be required to be completed prior to disbursement of funds. Any payments that are not claimed within 180 days of the date the funds have been made available because direct deposit bank account or required tax information have not been provided are subject to forfeit. Earnest reserves the right to change or eliminate the Program at any time.
LICENSE TO YOU
The Company authorizes Users, subject to these Terms, to access and use the online platform, Program, and the Content solely for your personal, non-commercial 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. Users must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original Content on any copy you make of it.
The registered or unregistered logos, product and service names are or may be trademarks of the Company or its licensors (the “Marks”). Without the Company’s prior written permission, and except as solely enabled by any link as provided by the Company, Users may not alter, copy or use the Marks.
By participating in the Program, Users agree to:
- defend, indemnify, release and hold harmless the Company, its Service Provider and its or 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 their 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
- be contacted by the Customer via email.
The Released Parties 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 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 the Company at the relevant time;
- any printing, typographical, administrative or technological errors in any websites or materials associated with the Program; or
- claims, demands, and damages in disputes among Users of the Program.
The Released Parties disclaim any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with the Program, and the Company reserves the right, in its sole discretion, to cancel, modify or suspend the Program should a virus, bug, computer problem, unauthorized intervention or other causes beyond the Released Parties’ control, corrupt the administration, security or proper play of the Program.
The Released Parties shall not be liable to any Users 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 quasi-governmental 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 slow-down, civil disturbance, insurrection, riot, or any other similar or dissimilar cause beyond any of the Released Parties’ control.
The Company reserves the right to cancel or suspend the Program should it determine, in its sole discretion, that the administration, security or fairness of the Program has been compromised in any way.
DISCLAIMER OF WARRANTIES
EACH USER EXPRESSLY UNDERSTANDS AND AGREES THAT: (A) ITS USE OF THE PROGRAM IS AT ITS SOLE RISK, THE PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE COMPANY 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 NON-INFRINGEMENT; (B) THE COMPANY MAKES AND GIVES NO WARRANTY THAT (I) THE PROGRAM WILL MEET ANY USER’S REQUIREMENTS, (II) BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS OBTAINED FROM THE USE OF THE PROGRAM WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY USER THROUGH THE PROGRAM WILL MEET ITS EXPECTATIONS, AND (V) 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 USER’S OWN DISCRETION AND RISK, AND USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO ITS COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
LIMITATION OF LIABILITY AND INDEMNIFICATION
USER EXPRESSLY UNDERSTANDS AND AGREES THAT THE COMPANY, INCLUDING ANY VENDORS AND SERVICE PROVIDERS ASSOCIATED WITH OR ASSISTING IN PROVIDING THE PROGRAM, SHALL NOT BE LIABLE TO USER 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), 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) ACCESS TO OR ALTERATION OF USER’S 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 USER.
TO THE FULLEST EXTENT POSSIBLE BY LAW, THE COMPANY’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), WILL NOT EXCEED $200.
If a solution cannot be found to restore the integrity of the Program after the occurrence of prohibited conduct, Company reserves the right to cancel, change, or suspend the Program.
PROHIBITED CONDUCT, GENERALLY
Users agree not to use the Program to:
- Violate applicable law;
- Infringe the intellectual property rights of the Company, its Service Provider or any third parties;
- Stalk, harass, or harm another individual;
- Collect or store personal data about other Users;
- Impersonate any person or otherwise misrepresent User’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 User’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
BULK DISTRIBUTION (“SPAM”)
If a Referrer provides a unique referral URL or a unique identifier code to a Referred Customer 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. By submitting the email addresses, the Referrer represents that he/she has their prior consent. Bulk email distribution, distribution to strangers, or any other promotion of a unique referral URL or a unique identifier code in a manner that would constitute or appear to constitute unsolicited commercial email or “spam” in the Company’s sole discretion is expressly prohibited and may be grounds for immediate termination of the Referrer’s account and deactivation of the unique referral URL or a unique identifier cod. We have a no tolerance spam policy.
The Company has no obligation to monitor the content provided by Users; however, the Company may choose to do so and block any email messages, remove any such content, or prohibit any use of the Program.
Each Referrer must be the actual sender of the emails and must comply with applicable law. Referrers who do not comply with the law, including anti-spam laws, are obligated to indemnify the Company against any liabilities, costs and expenses it incurs as a results of such spam.
FRAUDULENT AND SUSPICIOUS BEHAVIOR
The Company may prohibit a User from participating in the Program or receiving a Reward, in its sole discretion, if it determines such User 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 users or representatives of the Company. Use of any automated system, script, or macro to participate is strictly prohibited and will result in disqualification.
Users 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. The Company reserves the right to disqualify any User and/or cancel any Reward(s) if they find a User to be tampering with the entry process or the operation of the Program or violating these Terms and Conditions.
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, THE COMPANY RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, AS WELL AS CRIMINAL PROSECUTION.
SUGGESTIONS AND SUBMISSIONS
The Company appreciates hearing from Users and welcomes User comments regarding the Program. Please be advised, however, that the Company does not accept or consider creative ideas, suggestions, inventions, or materials (“creative ideas”) other than those which we have specifically requested. While the Company values your feedback on the Program, please be specific in your comments and do not submit creative ideas. If, despite this request, you send the Company creative ideas, Company:
- 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 User or any other person.
To see the personal Company “Refer-a-Friend” page or account or to use the Program, Users will need to sign in with their credentials and access their Earnest account at earnest.com. Users are responsible for maintaining the confidentiality of their 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 believe the confidentiality of their sign-in credentials has been compromised or if they suspect unauthorized use of their account. Users agree that the Company will not be liable for any loss or damage arising from unauthorized use of their credentials.
APPLICABLE LAW; ARBITRATION; CLASS WAIVER; AND WAIVER OF JURY TRIAL
Any and all disputes, claims and causes of action arising out of or related to the Program or any prize awarded shall be resolved under California law (without reference to its conflicts of laws principles). Users and the Company agree to submit to the personal and exclusive arbitration of any disputes relating to their use of the online platform or Program under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, shall be conducted within San Francisco County in the state of California. Users covenant not to sue the Company in any other forum.
Users also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to User’ use of the Program or these Terms:
- USERS ARE GIVING UP THEIR RIGHT TO HAVE A TRIAL BY JURY; and
- USERS 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.
These Terms and Conditions constitute the entire agreement between Users and the Company concerning Users’ use of the Program. The failure of the Company to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by the arbitral panel of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitral panel should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms and Conditions remain in full force and effect. The section titles in these Terms and Conditions are for convenience only and have no legal or contractual effect. A person who is not a party to these Terms and Conditions shall have no right to enforce or receive the benefit of any of these Terms and Conditions.