Last Modified: April 25, 2013
IMPORTANT: Please read the following Terms and Conditions carefully before participating in the Serve Refer a Friend Program ("Program") that is being run by American Express Travel Related Services, Inc. ("TRS") and Serve Virtual Enterprises, Inc. ("Serve" and, together with TRS, "We", "Us", or "Our") on (1) Serve.com ("Serve Site") and (2) the Serve application on Facebook.com ("Serve App"). The Program was created to encourage our customers to refer new customers and for those customer's friends and family to sign-up for Serve. The Program is void where prohibited. We reserve the right to discontinue the Program at any time.
By participating in this Program and submitting the contact information of your friends (including Facebook "friends"), neighbors, family members, and associates to Us (hereinafter each friend, neighbor, family member, or associate is referred to as a "Contact"), you agree and consent (1) to be bound by these Terms and Conditions of the Program and (2) to having Us (a) forward an e-mail using your full name as the "referrer" in the sender field or (b) post a Facebook Wall Post, on your behalf to all such Contacts containing an invitation to register as a Serve Accountholder.
1. Information for the Program available via the Serve Site
The Program available via the Serve Site enables registered Serve Accountholders to refer other individuals they know to Us for the purpose of forwarding an e-mail to those individuals inviting them to register as Serve Accountholders. To participate in the Program via the Serve Site, you may do so by visiting the Serve Site and clicking on "Invite Friends" or "Refer a Friend" links to reach the Refer A Friend page and submitting the e-mail address of any Contact you believe might be interested in becoming a registered Serve Accountholder. As described below, there is no monetary reward, bonus or incentive for referrals made via the Serve Site.
2. Information for the Program available via the Serve App
The Program available via the Serve App on Facebook enables registered Serve Accountholders to refer their Facebook "friends" by posting a message on the individual's Facebook Wall inviting them to register as Accountholders as set forth below. To participate in the Program via the Serve App, you visit the Serve App within Facebook and click on the "Refer a Friend" link. In the new window, select your Contacts you believe might be interested in registering for a Serve account ("Account") and send them a referral request. Once your referred Contact successfully completes registration for an Account using the link you send them, activates their Serve card ("Card"), and then adds money to their Account (via Direct Deposit, from a bank account, credit or debit card or cash via a Green Dot® MoneyPak®) for the first time, you and your Contact will each receive any rewards for which you qualify so long as such actions are completed by the end of the promotional period, which is noted within the Serve app (the "Promotional Period"). You and your Contact will receive your reward(s) no later than thirty (30) days after the end of the Promotional Period.
3. Information Applicable to the Program via the Serve Site and the Serve App
To be eligible, a Contact must be 18 years or older and a U.S. citizen. A Contact will be deemed ineligible for the purposes of this Program if said Contact is (a) already a Serve Accountholder or sub-account User, or (b) has previously registered with Serve and has cancelled his or her Account. A Contact will also be ineligible for the purposes of this Program, and We will not send an e-mail or Wall Post offer to such Contact, if his or her e-mail address appears on the opt-out lists of American Express Travel Related Services Company, Inc., or Serve Virtual Enterprises, Inc. For privacy reasons, you will not be notified if any of your Contacts are ineligible for any reason.
Approval of a Contact as a registered Serve Accountholder is based upon his or her compliance with and satisfaction of, Our verification, registration requirements, and/or instructions We provide to the Contact for responding to the referral.
4. Monetary Reward in Connection with the Program
A referral reward ("Reward") is available ONLY for Contacts referred through the Program via the Serve App.
a. Contacts Referred through the Serve Site
There is NO Reward or any monetary incentive available for Contacts referred through the Serve Site. If you utilize the Program via the Serve Site, we shall have no obligation or duty to remit any bonus or compensation to you whatsoever for any referral you made in connection with this Program.
b. Contacts Referred through the Serve App
A Reward is available only in connection with the Program utilized via the Serve App, as described below in more detail. You will receive a Reward if, by the end of the Promotional Period (which is noted within the Serve App), your referred Contact: (1) successfully completes registration for a new Account using the link you send them, (2) activates their Card and (3) then adds money to their Account (via Direct Deposit, from a bank account, credit or debit card or cash via a Green Dot® MoneyPak®) for the first time. There is no minimum amount of money that the Contact must add to meet the "add money" requirement. The referred Contact must be a new, first-time Serve Accountholder that has not previously registered with Serve or been a sub-account user.
For each referred Contact that completes the required actions by the end of the Promotional Period, you will receive a $5 credit to your Account, up to a maximum of $100. For example, if you refer 75 Contacts and each Contact successfully signs-up for a new Account, activates their Card and then adds money to their Account from a bank account, credit or debit card or cash via a Green Dot® MoneyPak®, you will only get a Reward for the first 20 of those referred Contacts and the Rewards will total $100. You may track your Rewards earned and whether you have reached the Program limit within the Serve App. After reaching the Reward limit for the Program via the Serve App, you may refer additional Contacts to Us but you will not be eligible for any further monetary reward, bonus or incentive. You must have be an existing Serve Accountholder to receive your Reward. The referred Contact will also receive a $5 credit to their Account when they successful sign-up for a new Account, activate their Card and then add money to their Account via Direct Deposit, from a bank account, credit or debit card or cash via a Green Dot® MoneyPak®.
You will receive an e-mail from Serve when you receive a Reward. A Reward will be credited to the applicable Account no later than thirty (30) days after the end of the Promotional Period. You agree to let your referred Contacts know that you are a Serve Accountholder and that you may receive a Reward if the referred Contact satisfies the above requirements. You will not receive any Reward if your referred Contacts are rejected or are not received for any reason, or if you fail to comply with any of the obligations of the Program or these Terms and Conditions.
5. Additional Terms and Conditions
We are not responsible for lost, garbled, or misdirected responses, or incorrect Contact information. We reserve the right to deny any Contact's registration for any reason. American Express Travel Related Services Company, Inc., and Serve Virtual Enterprises, Inc., and their respective parents, affiliates, subsidiaries, and advertising and promotions agencies disclaim all liability in connection with this Program, its promotion, and administration.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN THIS AGREEMENT, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND TO YOU, WHETHER EXPRESS OR IMPLIED, REGARDING THE SERVICE, THE PROGRAM, THE PLATFORM, OR ANY FEATURE THEREOF, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
NOTWITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT, IN NO EVENT SHALL WE OR ANY OF OUR DIRECT OR INDIRECT SUBSIDIARIES, AFFILIATES, AGENTS, EMPLOYEES, OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND, NOR FOR ANY LOST PROFITS OR REVENUES, IN CONNECTION WITH OR ARISING OUT OF THIS PROGRAM OR THE SERVICE.
We reserve the right to terminate the Program at any time. If notification of Program termination is provided, such notice will be sent to the e-mail address that has been provided to Us during the Accountholder registration process or any later updated profile you submit to Us thereafter. We will not be responsible for failing to notify you of Program termination where such failure is caused by an error in your e-mail program, an inaccurate e-mail address, your failure to check for your e-mail or the Program website, or your failure to update your e-mail address in your Serve profile.
We may modify the Terms and Conditions set forth herein from time to time, and your subsequent use of the Program after such modification shall be deemed to be your acceptance of any such modification. It is your responsibility to check the Terms and Conditions of the Program as featured on the Serve Site and Serve App regularly to determine whether the Program Terms and Conditions have been modified. If you do not agree to any modifications of the Terms and Conditions, you may not use the Program.
We support information privacy protection. To protect the privacy of all users, We cannot provide any information on any Contact you provide Us with including eligibility, registration status, or approval.
If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms and Conditions, which will otherwise remain in full force and effect. This Agreement shall be governed by the laws of the State of New York without reference to conflict of law principles.