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Terms and Conditions

PLEASE READ THE FOLLOWING CUSTOMER REFERRAL PROGRAM TERMS AND CONDITIONS CAREFULLY BEFORE PARTICIPATING IN THE CUSTOMER REFERRAL PROGRAM. PARTICIPATION IN THIS PROGRAM CONSTITUTES YOUR ACCEPTANCE OF ALL THE PROGRAM TERMS AND CONDITIONS.

We are excited that you are choosing to participate in the customer referral program. Your participation in and use of the program is strictly subject to the program terms and Durrie Vision terms. If you have any questions please feel free to contact us at any time.

Participant Acceptance and Termination

We can and will make all determinations regarding participation in the program. We reserve the right to terminate your participation in the program at any time for any reason or no reason, to the extent permitted by law, upon written notice to you. Any written notices required or permitted to be given by Durrie Vision hereunder may be delivered by email. By participating in the program, you consent to delivery of all program-related notices and information by email to the email address you have registered with and acknowledge that you have the necessary equipment (hardware and software) to receive such emails.

Qualified Referrals and Payment

Qualified referrals must (i) be new patients to Durrie Vision: for purposes of the program, “new patient” does not include either (1) a person who is a current or pending patient (2) a person who was a prior patient (ii) satisfy all enrollment requirements by scheduling a complimentary consultation; (iii) enroll online by linking to the website through the email or personal link generated by the referral program from your MyAccount (enrollments from emails or links not generated by the Program are not eligible for rewards); (iv) have “cookies” enabled on the computer from which the enrollment is executed. Eligible participants will be issued a gift card for each qualified referral. The amount of such gift card will be determined based upon the current offer at the time of the applicable qualified referral’s enrollment. The gift card offered may be changed at any time prior to enrollment of a qualified referral without notice to you or your referrals. The referral program page in MyAccount will contain up-to-date information regarding the current offered reward. Such reward will be applied as soon as the qualified referral has met all requirements. By participating in the program, you agree that we shall make the final determination as to whether any referral meets all requirements to be considered a qualified referral. Participants in the program shall be limited to a total incentive equal to $599 per calendar year.

Program Use

Durrie Vision will provide you with access to the program, which you may use to track your referrals and payment determinations with respect thereto; provided, that your use of the program is strictly subject to the Program Terms. Durrie Vision will update the program with your account information periodically, including setting forth the email addresses to which you have sent an enrollment request email and whether a particular referral is a qualified referral (indicating that a gift card will be issued). We are not obligated to, and will not release to you the reasons why a particular referral has not been deemed a qualified referral

CAN-SPAM Act Compliance

Durrie Vision complies with the federal CAN-SPAM Act and honors requests of consumers and customers who choose to opt out of receiving marketing emails. Accordingly, if you designate a referral email address that has previously opted out of receiving our marketing emails, you will be advised that the email address is not eligible to be sent through our businesses referral program email.

Confidentiality

In connection with your participation in the program, you may receive confidential and proprietary information belonging to Durrie Vision. You will maintain all of such information in strict confidence and use the Information only in connection with your participation in the program. Notwithstanding anything to the contrary contained herein, you agree that you will comply with the customer confidentiality provisions.

Independent Contractor Relationship

Your participation in the program does not authorize you to act on our business’s, its parent’s or their respective affiliates’ behalf. Nothing herein is intended or will be construed to constitute or imply a joint venture, employer-employee relationship, partnership or association between you and Durrie Vision, its parent or their respective affiliates. By participating in the program, you acknowledge that you do so at your own risk and as an independent contractor and that Durrie Vision is not directing how you perform your obligations hereunder.

Trademarks

Other than with respect to materials provided to in connection with your participation in the program, your status as a participant in the program does not entitle you to use any trademarks, copyrighted materials, patents, names, logos or other intellectual property owned or licensed by , its parent or their respective affiliates.

Indemnification

By participating in the program, you agree to and will indemnify and hold our business, its parent and their respective affiliates harmless from and against any and all damages, costs, expenses, claims or liabilities of any kind, including third party claims, whether pending or threatened, including without limitation, attorneys’ fees and court costs, incurred by any of them arising out of or related to your participation in the program or breach of these Program Terms.

Warranty Disclaimers; Limitation of Liability

YOU EXPRESSLY AGREE THAT YOUR PARTICIPATION IN THE PROGRAM IS AT YOUR OWN RISK. THE PROGRAM IS MADE AVAILABLE TO YOU ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. NEITHER DURRIE VISION NOR ANY OF THEIR RESPECTIVE AFFILIATES, THROUGH THESE PROGRAM TERMS, MAKES ANY WARRANTY REGARDING THE PROGRAM, AND EACH EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL OUR BUSINESS BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA AS A RESULT OF CLAIMS, WHETHER BROUGHT IN CONTRACT OR TORT, ARISING OUT OF OR CONNECTED WITH THESE PROGRAM TERMS OR THE PROGRAM, EVEN IF CLIENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Amendments

These Program Terms may be altered, changed, modified or assigned by Durrie Vision at any time by providing notice to you. Your participation in the program at any time after our business provides you such notice of changes will constitute your agreement to such changes.

 

Other Terms and Conditions

These Program Terms are in addition to and do not in any way limit or alter Durrie Vision’s MyAccount terms other terms and conditions or agreements pursuant to which our business allows you to participate in the program and/or use our business’s MyAccount.

Acceptance

By participating in the program, you agree that you have read, understand and will abide, and be bound, by these Program Terms.

General

You may not assign the right to participate in the program to any other party. We may assign these Program Terms or assign or delegate any of its rights or responsibilities hereunder to independent contractors or other third parties. We shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and executed by an authorized representative of Durrie Vision. No delay or omission by our business in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions. © 2016 Durrie Vision LLC. All rights reserved.

FTC 16 CFR Part 255 Compliance

Durrie complies with the Federal Trade Commission’s 16 CFR Part 255 “Guides Concerning the Use of Endorsements and Testimonials in Advertising”. Accordingly, if you make any post on any social network (such as Facebook, Twitter, Instagram, Pinterest, or LinkedIn) as a part of this program, you must include, and not delete, any disclosure that the program website automatically creates for the post you are making. In the event that no such disclosure is automatically generated for your social network, you must, at a minimum include either “This is a paid endorsement” or “#paidad” in any social network posts you make as a part of this program. You are responsible for ensuring that your posts on any social network comply with the terms of use of the site, and any other applicable laws, statutes, and regulations.