Last Updated: May 1, 2021
These Terms and Conditions (these “Terms”) cover your rights and obligations relating to your participation in the Cove referral program (the “Cove Referral Program”). Cove allows its existing customers (each an “Advocate” or “you”) to refer friends, family members, co-workers, associates and other acquaintances personally know by you (each a “Referral” and collectively, “Referrals”) to acquire a Cove system and sign up for the monitoring services offered by Cove in exchange for Cove providing you Cove’s then-in-effect reward at the time you refer the Referral to Cove (the “Referral Reward”). These Terms apply to existing customers of Cove who are accessing or using the Cove Referral Program as an Advocate. Referrals who acquire a Cove System and/or sign up for Cove monitoring services through the Cove Referral Program agree to be bound by Cove’s Terms and Conditions of Sale of Products and Services. By participating in the Cove Referral Program, you agree to use it in the manner specified in, and are bound by, these Terms. If you do not agree to these Terms in their entirety, you are not authorized to participate as an Advocate in the Cove Referral Program in any manner.
1. Referral Reward. Cove shall provide to Advocates via Cove’s customer portal, email, or text a website link (the “Referral Link”) that an Advocate may forward to a Referral, which if used by the Referral to obtain a Cove system and monitoring services will qualify the Advocate to receive the Referral Reward provided that each of the following requirements are met:
a. The Referral must not be a prior or an existing Cove customer at the time of the referral;
b. The Referral must use the referral link provided to the Advocate by Cove;
c. The Referral must activate a new account for monitoring services with Cove; and
d. The Advocate must have an active account for monitoring services with Cove in good standing (with no past due balances) at the time the Referral activates his/her account.
2. No Limit. There is no limit to the number of Referral Rewards an Advocate may earn from referrals of new Referrals to Cove.
3. One Referral Reward Per Referral. An Advocate is eligible for one (1) Referral Reward only for each Referral (i.e. an Advocate may not receive a Referral Reward for referring a second time a Referral for whom the Advocate has already received a Referral Reward of any type from Cove).
4. No Additional Referral Rewards from Referral Purchases. The Advocate will not earn or receive any Referral Rewards for any additional purchase of Cove’s systems or monitoring services by a Referral at any later date.
5. Use of Referral Reward. Any Cove credit received by you or a Referral as a Referral Reward cannot be applied to previous purchases, and is not redeemable for cash.
6. One Advocate Per Referral. Only one Advocate may receive a Referral Reward for referring a particular Referral. If multiple Advocates submit a referral for the same Referral who then, in turn, meets all requirements set forth in Section 1 for a Referral Reward, then Cove will pay a Referral Reward only to the Advocate whose Referral Link was used by a Referral to make a Cove purchase.
7. Acknowledgment by Advocates. This Referral Rewards program is intended to incentivize you and other customers of Cove (as Advocates) to refer your friends, family members, co-workers, associates and other personal acquaintances. Cove does not offer and will not pay a Referral Reward for referrals generated by an Advocate as a result of links posted on a website or other public forum or other means whereby the Advocate’s referrals are not personally known to the Advocate. Cove reserves the right to refuse the issue of any Referral Reward to any Referral or Advocate at any time, including but not limited to any time Cove has reasonable cause to believe a Referral is not personally known to the Advocate.
8. Modification and Discontinuance of Cove Referral Program; Right to Limit Participation. Cove reserves the right to modify any of these Terms, the Cove Referral Program and/or the terms and conditions of the Referral Reward at any time without notice. You may terminate this Agreement if you do not wish to be bound by any such amendments but by continuing to use the Cove Referral Program, including by providing Referral Links to potential Referrals you will be deemed to have accepted the new Terms. The Cove Referral Program is subject to discontinuance or termination at any time without notice in Cove’s sole discretion. Cove reserves the right, at their sole discretion, to prevent any individual from participating in the Cove Referral Program or future Cove promotions.
a. Severability/No waiver. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law then the invalid or unenforceable provision will be deemed superseded by the valid and enforceable provision that is the closest match to the intent of the original provision and the remainder of these Terms shall remain in effect. No waiver of any of the terms of these Terms will be valid unless in writing and designated as such. No failure or delay in enforcing your or Cove’s rights shall be construed as a waiver.
b. English language version controlling. It is the express will of you and Cove that these Terms be prepared in English. In the event that these Terms are translated into another language or otherwise reprinted, this English language version of these Terms (as amended) shall govern if any inconsistencies from such translation arise.
c. Entire agreement. Unless otherwise specified herein or in a writing executed by the Parties, these Terms constitute the entire agreement between you (the user) and Cove with respect to, in connection with, or relating to the Cove Referral Program. These Terms of Sale supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Cove with respect to the Cove Referral Program.
d. Cove’s right to change these Terms it deems reasonable or necessary; Notices. Cove reserves the right to change these Terms as it deems reasonable and appropriate without notice to you. Any changes to these Terms are effective as soon as such changes are posted to www.covesmart.com or such other mobile applications, website, domains and sub-domains hosted by Cove (Cove “Sites”). The date of the most recent changes to these Terms are listed at the beginning of this document. Cove encourages you to use its Sites to verify the date that these Terms were last updated whenever you contact Cove’s Sites to determine whether or not changes have been made. Cove may, from time to time, post notices on one or more of its Sites if Cove believes, in its sole discretion, that it has made material changes to these Terms.
e. Applicable law/Jurisdiction and venue. You and Cove agree that any dispute, lawsuit, proceeding, claim, or controversy (each a “Claim”) against Cove or any other Cove Party and any Claim that may relate to or arise out of these Terms or out of the relationship between you and Cove, shall be governed by the internal laws of the State of Utah, without regard to choice of law principles. Subject to applicable law of the Jurisdiction in which you reside, you and Cove also agree that all Claims will be brought in the Federal, State, or local small claims, courts located in Salt Lake County, Utah, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. YOU AND COVE EACH HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OR THE TRANSACTIONS CONTEMPLATED HEREBY.
f. Assignment. These Terms shall be binding on the parties and their respective successors and assigns. These Terms may be assigned by Cove without restriction. These Terms may not by assigned or otherwise transferred by you or any other Advocate without Cove’s prior written consent.
g. Heading Used in These Terms. The section headings contained in these Terms are for reference purposes only and shall not affect in any way the meaning or interpretation of these Terms.