Referral Program Terms

Date: May 23rd 2024

These Referral Program Terms, between you and Kast, describe and govern your participation in the Kast Referral Program. This program allows Users to refer potential users to Kast using a Referral Link. Your participation in the Referral Program is subject to its terms and conditions. The Referral Program is limited to one account per individual. By participating and using the referral code/link/QR code generated (“Referral Links”) under the Referral Program, you agree and accept the Referral Program standard terms and conditions as set out below.

Your Eligibility

To be eligible to participate in the Referral Program, you must abide by these Referral Program Terms and be:

  • A Kast User on a Kast Account that is maintained in good standing;

  • Having successfully pass the KYC; and

  • Legally permitted to receive Referral Credits.

You are prohibited from participating in the Referral Program if:

  • You were a User on a Kast Account that was terminated by Kast for any reason;

  • You are legally or contractually prohibited from receiving Referral Credits;

  • Kast determines that you violated any provision of these Referral Program Terms, Terms and Conditions of Services, guidelines related to the Referral Program, or any other agreement you have with Kast.

Eligible Referee

If you are eligible to participate in this Referral Program, you will receive one or more Referral Links to share with potential Kast users. These users must use your Referral Links to be considered a Referee. Kast reserves the right to approve or reject applications submitted by Referees based on any criteria it finds appropriate, whether these criteria are publicized or not. Referees will not qualify for Referral Credits if they have previously attempted to open a Kast Account, are involved in activities listed on the Prohibited Activities List, or do not meet the criteria we establish for approval. If another referrer has already submitted the Referee before you, you will not be eligible to receive Referral Credits. The Referrer shall not provide any advice or recommendation to buy, sell or exchange in relation to any digital tokens.

Referral Links are intended solely for your use within this Referral Program and cannot be transferred, sold, or attempted to be sold to third parties. Kast retains the right to restrict access to or usage of Referral Links and may set maximum limits on Referral Credits at any time and at its sole discretion. All rights to Referral Links and any associated content or intellectual property belong to Kast. Any earned Referral Credits will be provided to you as specified on your referral page. Kast reserves the right to withhold Referral Credits if it is determined that you have breached these Referral Program Terms, any other agreements with Kast, engaged in illegal or fraudulent activities, or if a Referral Credit was mistakenly provided to you. You are responsible for all taxes related to the Referral Credits you receive.

Restrictions

As part of this Referral Program, you agree to the following:

  • Do not represent yourself as an employee or agent of Kast, imply any affiliation or partnership with Kast, or claim to be authorized to speak on behalf of Kast;

  • Do not send unsolicited messages through any medium (email, phone, fax, social media, etc.);

  • Do not use automatic dialing apps, scripts, or bots to send messages to third parties, and always comply with applicable laws, including but not limited to CAN-SPAM, TCPA, and privacy laws;

  • Always send Referral Links as yourself, without impersonating or claiming to represent real or fictitious third parties, and avoid any actions that could be considered unfair, deceptive, abusive acts or practices (UDAAP), or fraud;

  • Do not create or use Referral Links in any context that violates individual rights, promotes violence, hate, or discrimination, or is obscene or offensive;

  • Employees of Kast are not entitled to participate in the Referral Program.

  • Do not use the name "Kast" or the Kast logo in any public advertising or marketing unless expressly permitted in writing by Kast.

  • Do not infringe on the privacy or intellectual property rights of third parties.

Violation of this section will result in your termination from the Referral Program and forfeiture of any Referral Credits that you have not already received.

Termination

These Referral Program Terms are effective as of the time you first send or generate a Referral Link and will terminate upon Notice by either you or Kast to the other party. Kast may terminate these Referral Program Terms upon Notice to you at any point in time and for any reason.

These Referral Terms integrate into the Notice, Governing Law, and Arbitration provisions of the Platform Agreement. Kast’s maximum liability to you for direct damages under these Referral Program Terms is limited to the total Referral Credits paid or payable to you in the preceding three-month period from incident date. Kast is not liable to you for consequential, indirect, special, or punitive damages, lost profits or revenue whether or not you advised us of their possibility.

Update Referral Program

We may change this Referral Program from time to time. If we do, we will let you know by revising the date at the top of this page. If the changes, in our sole discretion, are material, we may also notify you by sending an email to the address associated with your account (if you have chosen to provide an email address) or by otherwise providing notice through our app or website. We encourage you to review the Referral Program whenever you access or use our app or website. By continuing to use our services after Referral Program changes go into effect, you agree to be bound by the revised terms.

User Content

Users may submit various types of content, such as profile information, comments, questions, and other content or information ("User Content”). While you retain ownership of your User Content, by submitting it through social media, app or website, you grant the Company a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, and display this User Content. This includes the right to make derivative works and to use your name, voice, and likeness as part of that content across all media types for the Service and the Company's related business activities.

Feedback

You may choose to, or we may invite you to, submit comments or ideas about the Services, including without limitation about how to improve the Services, Platform, procedures or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place the Company under any fiduciary or other obligation and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, the Company does not waive any rights to use similar or related ideas previously known to the Company, or developed by its employees, or obtained from sources other than you.

Entire Agreement

These Referral Program Terms constitute the entire understanding between you and Kast for the subject matter described, and no other agreements, representations, or warranties other than those provided in these Referral Program Terms will be binding unless in writing and signed by both you and Kast.

Data Privacy

For more information on how your personal data is collected as part of this campaign, please refer to our Privacy Policy.

Defined Terms

Capitalized terms in these Kast Referral Terms will have the meaning provided in the Platform Agreement or as defined below:

  • Referrer means the user of Kast service sharing its Referral Link to a potential Referee

  • Referee means a user that has not previously submitted an application for a Kast Account and submits an application for a Kast Account using your Referral Link;

  • Referral Program Terms means these Kast Referral Program Terms as amended from time to time;

  • Referral Credit means a monetary amount (such as token) or other benefit conferred by Kast (such as a credit of points to a Kast Account) for a Successful Referral.

  • Referral Link means a URL provided by Kast to you that can be provided by you to companies that you wish to refer to Kast.

  • Referral Program means the Program described on our website as governed by these Referral Terms.

  • Successful Referral means a Referee meets the criteria specified in these Referral Terms and has an application approved by Kast.

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