First Tech, Inc. (“FIRST,” “we,” “us,” or “our”) has prepared these User Referral Program Terms and Conditions (the “Terms”) to explain the policies applicable to our User Referral Program. The terms, conditions, and provisions of the Terms shall apply to all subsequent Referral Program policies issued by First Tech, Inc., unless otherwise specified.
At First, we recognize that when you find a great product, you want your friends and loved ones to experience the same benefit. Beneath all of the frills and frosting of planning your wedding, we know that your ultimate goal is a secure marriage, and we’re just another step on your path down the aisle. Just like you’d refer your friends to a favored caterer, vendor, or printing agency, we’d like you to refer your friends to First. That’s why we’ve built a referral program into our business model. By participating in our User Referral Program or any other program we may make available from time to time, you can refer your friends and family to First and earn Thank You Gifts (also called “TYGs”).
By participating in the User Referral Program, you agree to be bound by these User Referral Program Terms and Conditions (the “Terms”), our
Privacy Policy, our
Terms of Service, and any other applicable terms, including but not limited to those set forth in any other program terms. These Terms govern the referral of prospective users to First, and the payment of referral TYGs to you.
First may modify these Terms, the User Referral Program (including payment and discount amounts), its
Privacy Policy, or its
Terms of Service, or any other applicable terms, at any time, in its sole discretion, without prior notice to you. Your continued participation in the Referral Program following any such modifications constitutes your acceptance of these modified terms.
Please read these Terms carefully before participating in our Referral Program. If you do not agree to these Terms, you should not participate in the Referral Program.
Representations and Warranties
By participating in our Referral Programs, you represent and warrant that:
• You are an individual (not a company) who is at least 18 years of age and a U.S. citizen or permanent resident.
• You have the necessary power and authority to perform your obligations under these Terms.
• You have not been previously disqualified by First from participating in its Referral Programs.
• You will comply with all Terms, laws, and regulations related to the Referral Program, including, but not limited to, all U.S. state and federal laws and regulations referenced within these Terms.
If any of the above conditions are not met, First is not obligated to pay TYGs that may otherwise be earned.
Definitions
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“First User Referral Program” (“User Referral Program”), is defined as the program that enables a First User to earn TYGs from First for referring new customers to First, and for new customers referred by a First User to receive discounts on First Services.
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“First User” means a previous customer of First who has used First Services on First’s platform, using either the lawyer-supported or non-lawyer-supported product.
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“First Services” means the services offered by First as described at
www.thisfirst.com.
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“Converted User” means an Eligible Prospect who used Participant’s Coupon Code during the checkout process and subsequently completed the purchase of First Services within 30 days of their call, while the Program is still in effect.
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“Eligible Prospect” is an individual who (i) is not or has not been a First User, (ii) has not previously completed a call with a First representative, and (iii) meets First’s qualification criteria to become a First User.
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“Participant” is an individual who is a First User and has been provided with a unique Coupon Code. Participants receive TYGs when an Eligible Prospect becomes a Converted User through the use of Participant’s Coupon Code.
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“Coupon Code” is the unique alphanumeric sequence assigned to each Participant and used by Eligible Prospects to receive a discount on the First product they select.
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“Converted User” is an Eligible Prospect who i) uses a Participant’s Coupon Code during the checkout process and ii) subsequently uses First Services. A TYG will not be paid to the Participant if a Converted User’s payment is not successfully processed or if the Converted User requests a refund for First Services.
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“Email Address” refers to the email address at which Participant will receive TYGs. Unless otherwise noted, a Participant’s Email Address will be the email address where the Participant received their unique Coupon Code. If a Participant can no longer access their Email Address account, the Participant should reach out to
referrals@thisfirst.com to provide updated contact information.
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“Thank You Gifts” or “TYG(s)” refers to the payment Participants will receive after an Eligible Prospect becomes a Converted User. Payment will be distributed in the form of an American Express Gift Card. TYGs will be digitally delivered to the Participant’s Email Address.
Referral Program Overview
By agreeing to these Terms and any other applicable agreement between the Participant and First, the Participant can promote First Services to third parties and earn a TYG from First for each Eligible Prospect who becomes a Converted User.
Any distribution of a TYG to a Participant is subject to review by First and any TYG may be withheld or denied at First’s sole discretion. First is not obliged to do business with any Eligible Prospect as a result of a Participant referral.
Subject to these Terms, First grants the Participant a limited, non-exclusive, non-transferable license to promote and market First Services, and use its materials such as social media graphics, marketing materials, case studies, and technology documentation to assist in such activities. The use of First’s trademarks is also allowed solely for promotion under the Referral Program, but all rights are reserved by First with no implied rights. Alteration or misuse of First’s materials may result in termination of the Participant from the User Referral Program.
All referral activities must follow the Program Rules outlined in these Terms and be carried out in good faith to reflect positively on First’s goodwill. The Participant agrees not to engage or participate in any activity or course of action that could damage or tarnish the image or reputation of First and its trademarks.
Participant Approval
Any First User who wishes to participate in First’s User Referral Program and receive TYGs for user referrals must be approved by First. A First User must reach out to
referrals@thisfirst.com to obtain approval. First will determine whether the First User is eligible pursuant to the conditions below to become a Participant. If a Participant is approved, their unique Coupon Code will be sent to Participant’s Email Address.
Any individual who refers a client to First without first being approved to participate in the User Referral Program shall not be eligible to receive any TYGs from First.
Participant shall be deemed an independent contractor under these Terms. Neither acceptance into the User Referral Program nor any other provisions contained in these Terms intends to create nor shall constitute either First or Participant as the employer, employee, agent, or representative of the other party, or as joint venturers or business partners, for any purpose.
First will be delivering TYGs in the form of American Express Gift Cards delivered digitally to Participant’s Email Address. If a Participant loses access to Participant’s Email Address, Participant must notify First promptly and keep such information current. There is no limit to the number of referrals a Participant can make; however, a Participant may not earn more than $599 in TYGs within one calendar year.
Account Security
Participant is solely responsible for the security of their Email Address. First is not responsible for any lost TYG payments resulting from a Participant’s failure to secure and monitor their Email Address.
Unique Coupon Code
As a User Referral Program Participant, you’ll receive a unique Coupon Code. You’ll earn a TYG for each Converted User who purchases First Services using your Coupon Code; and the Converted User will receive a discount by using your Coupon Code at checkout. No more than one Coupon Code can be used per transaction.
If a Participant uses their own Coupon Code to sign themself up for First Services, they are not eligible to receive both a TYG and a discount. First reserves the right to recoup either the TYG or reverse the discount in such cases.
Eligibility & Payment of TYGs
To be eligible for a TYG, the following conditions must be met:
1. Participant must be a First User.
2. Participant must be approved by First and receive a unique Coupon Code.
3. An Eligible Prospect must i) use the Participant’s Coupon Code at checkout and ii) subsequently use First Services. Successful completion of these two requirements converts an Eligible Prospect into a Converted User.
4. A Converted User’s payment must be successfully processed.
A Participant earns a TYG after all of the aforementioned conditions are met. If any of these conditions are not met, First will decline to pay the Participant a TYG.
All TYGs will be delivered to the Participant’s Email Address within 30 business days after each TYG is earned.
Program Rules & Restrictions
Advertising Requirements & Restrictions
Participants must comply with the following program rules. Failure to do so may result in suspension or termination from the Referral Program, and possible forfeiture of earned TYGs, which will be determined in First’s sole discretion.
• Use of Coupon Code: Coupon Codes must be used solely for promoting First’s services on authorized platforms, such as your website, emails, blogs, and social networks.
• CAN-SPAM Compliance: You must comply with
CAN-SPAM laws and avoid sending unsolicited emails or using other illegal advertising methods to promote First Services.
• Advertising Claims: Make only factual statements about First’s services, avoiding misleading or deceptive advertising claims, and follow all relevant advertising laws.
• Third Party Platform Terms: Adhere to the terms and conditions of search engines, social media platforms, and other third-party platforms when promoting First.
• Branding & Trademarks: First’s logos and other trademarks must not be altered. Participants may only use unaltered social media posts and graphics that are approved by or given to them directly by First in any online promotion. First may request removal of any content that it believes is inconsistent with its brand or image. All goodwill arising out of any use of First’s trademarks will inure solely to First.
• Endorsements and Testimonials: Comply with
Federal Trade Commission’s Endorsement and Testimonial guidelines, and disclose any material connection to First, making it clear that you will receive a TYG for referred users.
• Proprietary Rights: All products, services, marks, documentation, and information related to First, including all associated intellectual property rights and data collected through promotional activities, are the exclusive property of First. No ownership or title of such proprietary information is transferred to the Participant. The Participant agrees not to take any action that conflicts with First’s ownership or assist any third party in doing so.
Other Prohibited Conduct
Engaging in the following conduct may result in immediate removal from the Referral Program and forfeiture of earned or paid TYGs:
• Generating or attempting to generate referrals through paid advertising methods, including but not limited to Pay-Per-Click (PPC) campaigns, search engine marketing (SEM), display ads, and similar paid channels. Referrals must originate from organic, direct, or other non-paid promotional efforts made by the Participant.
• Clickjacking, linkjacking, typosquatting or any sort of domain spoofing methods.
• Pixel or cookie stuffing without the visitor’s knowledge and consent.
• Using traffic generated by Google PPC and search ads.
• Posting Coupon Codes on First’s social media accounts without authorization.
• Impersonating First or creating misleading ads resembling official content.
• Making deceptive or unsubstantiated claims about First’s or competitors’ products or services.
• Running social media ads, paid search and Google display ads regarding First’s services without prior approval.
• Using search terms ‘First promo code’, ‘First discount code’,‘First coupon code’, ‘First payments’, “First TYGs’, “First thank you gifts”, and ‘First prenup review’ or similar terms deemed unfit in the title, URL, and meta description of website pages, without prior approval.
• Making disparaging remarks, engaging in, or promoting offensive content.
• Engaging in any communication that is defamatory or infringes upon the intellectual property rights of others.
• Advertising First on coupon code websites.
Termination from Program & Forfeiture of Thank You Gifts
If First determines that a Participant is attempting to obtain unfair advantage or otherwise violate the Terms or spirit of the User Referral Program, First reserves the right to revoke any TYGs or Coupon Codes issued and/or charge the Participant for the TYG or Coupon Code issued. First reserves the right to suspend or terminate a Participant from participating in the User Referral Program if a Participant material breaches these Terms and/or violates the spirit of the User Referral Program. Upon suspension or termination, all rights and licenses granted to a Participant will end.
Any TYGs owed to a terminated Participant will be honored if payment was successfully processed for a Converted User within 15 days of Participant’s termination; except in the event the TYG was earned in violation of these Terms, which would result in the forfeiture of such TYG.
In the event First has issued a TYG for a referral that is subsequently deemed ineligible for any reason, including but not limited to whether due to violation of these Terms, First’s error, or by any misrepresentation by the Converted User, First reserves the right to seek return of such payment or deduct the amount from any balance owed to Participant.
Limitation of Liability
First shall not be liable to Participant or any third party for any damages, losses, costs, or expenses from the User Referral Program, whether based on contract, tort, or any other liability theory. These limitations are an essential part of the User Referral Program Terms.
Other Legal Terms
The Referral Program and performance of the Terms hereunder will be governed by the laws of the State of California without regard to its conflict of laws provisions. Participant agrees that any dispute or claim relating in any way or arising out of these Terms will be resolved by binding arbitration, rather than in court, except that (1) Participant may assert claims in small claims court if your claims qualify; and (2) Participant or First may seek equitable relief in court for infringement or other misuse of intellectual property rights. Please see First’s
Terms of Service for the full Arbitration clause. The Terms of the Referral Program may not be modified except by written agreement executed by First.
