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NETELLER Refer a Friend Terms and Conditions

[Version - December, 2020]

The NETELLER Refer a Friend Programme (“RaF Programme”) allows you to receive a commission from Paysafe Financial Services Limited (“NETELLER”) for referring prospective new Members to sign up for a NETELLER Account.

Below are the terms and conditions (the “Terms and Conditions”), applicable to the RaF Programme. Please read them carefully. By referring a friend to the RaF Programme, you will be deemed to have accepted and be bound by these Terms and Conditions.

The NETELLER Terms of Use, as amended from time to time, are incorporated into and form part of these Terms and Conditions and shall apply to you. In the event of any inconsistency between any of the provisions of the NETELLER Terms of Use and these Terms and Conditions, to the extent of the inconsistency, these Terms and Conditions will prevail.

1. Eligibility Criteria

1.1. In order to participate in the RaF Programme, you must:

a) have an active NETELLER Account;

b) not use your NETELLER Account for commercial purposes;

c) not be an employee or an immediate family member of an employee of any company in the Paysafe group;

d) not be a service provider or a direct family member of a service provider of any company in the Paysafe group;

e) be at least 18 years of age; and

f) not reside in the United States.

2. Referred Members:

2.1. For the purposes of the RaF Programme, a “Referred Member” means any Member:

a) you refer to NETELLER using the referral link shown in your NETELLER Account (the “Referral Link”); and

b) who successfully completes an Eligible Transaction or an Eligible Cryptocurrency Transaction.

2.2. You shall not refer any of your family members, including but not limited to, your spouse, common law partner, civil partner, child, stepchild, parent, parents-in-law or grandparent.

3. Prohibited activities

3.1. You shall not, and shall ensure that Referred Members do not perform any of the following activities:

a) create or operate multiple NETELLER Accounts without the prior written consent of NETELLER;

b) make, in the reasonable discretion of NETELLER, fake and/or artificial deposits with NETELLER merchants or other Members for the sole purpose of generating Commission;

c) register a NETELLER Account on behalf of another person;

d) allow any third-parties to publish your Referral Link on their websites, social media or other marketing materials;

e) offer incentives or rewards to prospective Members to encourage them to apply for a NETELLER Account;

f) create or employ any mechanism designed to artificially or automatically generate NETELLER Account sign-ups;

g) register a NETELLER Account using counterfeit, forged, imitated, stolen or otherwise altered identification documents;

h) artificially attempt to generate any Referred Members by use of deception or misrepresentation;

i) commit, or collude with others to commit, fraudulent activity; or

j) make transactions that have no commercial purpose or are not for the personal benefit of the NETELLER Account holder.

4. Commission

4.1. In consideration for each Referred Member you introduce, as confirmed by NETELLER in accordance with these Terms and Conditions, NETELLER will pay you a Commission equal to 10% of the revenue earned by NETELLER on Eligible Transactions (the “Commission”).

4.2. NETELLER will stop paying Commission in respect of each Referred Member at the earlier of: (a) when the Commission payments in respect of that Referred Member reach EUR 100; or (b) 1 year after the Referred Member registers for a NETELLER Account.

4.3. Commission is paid inclusive of VAT. NETELLER shall not be responsible for any taxes, duties, assessments, fines or levies or other amounts payable by you to any governmental or regulatory authority arising out of your participation in the RaF Programme. You are responsible for reporting any taxes owed in relation to revenues earned through the Programme.

4.4. NETELLER reserves the right to change the applicable Commission rate, percentage or total cap by giving you two (2) months' written notice sent to the primary email address registered to your NETELLER Account.

4.5. For the avoidance of doubt, transactions on your own NETELLER Account will be excluded from the calculation of Commission.

4.6. Commission accrued on an Eligible Transaction will be paid within thirty (30) business days following the date the Eligible Transaction was completed.

4.7. NETELLER shall also in its sole discretion have the right to withhold the whole or part of any payment of Commission where it reasonably suspects or knows that any of the prohibited activities referred to in section 3 above has taken place.

4.8. For the purpose of calculating Commission, NETELLER reserve the right to disregard all Eligible Transactions or Eligible Cryptocurrency Transactions that we, in our sole but reasonable discretion, deem an abuse of the RaF Programme, including but not limited to:

a) transactions that are prohibited under section 3 of these Terms and Conditions; or

b) transactions that are prohibited under section 14 of the NETELLER Terms of Use.

5. Cryptocurrrency Transactions

5.1. If you have used the NETELLER Cryptocurrency Service to buy interests in Supported Cryptocurrencies worth EUR 100 (or equivalent in the currency of your NETELLER Account) or more in aggregate NETELLER will also pay you a reward (a “Crypto Referral Reward”) on Eligible Cryptocurrency Transactions made by your Referred Members in accordance with this section 5.

5.2. If within three calendar months of being referred by you, the Referred Member:

a) opens a NETELLER Account and verifies their NETELLER Account;

b) successfully uploads funds to their NETELLER Account using a payment method other than Skrill or paysafecard; and

c) uses the NETELLER Cryptocurrency Service to purchase interests in Supported Cryptocurrencies for EUR 100 (or equivalent in the currency of their NETELLER Account) or more in aggregate, both you and the Referred Member shall each receive a one-off Crypto Referral Reward of EUR 5 (or equivalent in the currency of your respective NETELLER Accounts), which shall be credited to your respective NETELLER Accounts. The Crypto Referral Reward will be paid in respect of a maximum of 30 Referred Members per calendar month.

5.3. Any Crypto Referral Reward paid to you in accordance with this section 5 is in addition to any Commission you may earn in connection with a Referred Member’s Eligible Transactions in accordance with section 4 above.

5.4. Crypto Referral Rewards accrued on Eligible Cryptocurrency Transactions will be paid within thirty (30) business days following the date the Eligible Cryptocurrency Transaction was completed.

5.5. For the purposes of this section 5, the value of:

a) your Cryptocurrency Transactions shall be calculated by reference to the amount debited from your NETELLER Account at the time of the Cryptocurrency Transaction (including applicable fees); and

b) your Referred Member’s Eligible Cryptocurrency Transactions shall be calculated by reference to the amount debited from their NETELLER Account at the time of the Eligible Cryptocurrency Transaction (including applicable fees).

6. Warranties

You warrant, represent and undertake to NETELLER that:

a) you shall not, engage in the distribution of any bulk emails (spam) in any way mentioning or referencing NETELLER, other Paysafe Group companies or any NETELLER products or services;

b) you shall comply with all applicable laws and regulations;

c) you shall not breach or attempt to circumvent NETELLER’s security or verification procedures; and

d) you shall only share your Referral Link with third-parties so that they may sign up for a NETELLER Account.

7. Privacy and personal data

7.1. Processing of personal data is governed by the Paysafe Privacy Notice which can be found on NETELLER’s website. Additional information may be required by NETELLER to verify compliance with these Terms and Conditions.

7.2. Within your NETELLER Account you will be able to see the NETELLER customer ID of your Referred Members and, in some cases, details of the Commission earned in respect of each of your Referred Members. You must obtain consent from each of your Referred Members to view this information prior to referring them. By using the Referral Link you are confirming that you have obtained such consent from the Referred Member.

8. Changes to Terms and Conditions

8.1. NETELLER reserves the right to change these Terms and Conditions at any time including the right to withdraw the RaF Programme completely.

8.2. Subject to section 8.3 below, changes will be communicated via e-mail to the primary e­mail address registered with your NETELLER Account. The proposed change will come into effect 2 months after the notice is deemed to be delivered (see section 2.2 of the NETELLER Terms of Use), unless you give us written notice that you object to the proposed change. Your objection notice shall be deemed to constitute a notice to terminate your participation in the RaF Programme and these Terms and Conditions will no longer apply to you.

8.3. The 2 months’ notice period shall not apply where we believe, in our reasonable opinion, that the change neither reduces your rights nor increases your obligations. In such instances, the change will become effective immediately without prior notice.

9. Termination

9.1. NETELLER reserves the right to end the RaF Programme at any time in its sole discretion by giving you 2 months' written notice sent to the primary email address registered to your NETELLER Account.

9.2. In the event NETELLER ends the promotion under section 9.1 of these Terms and Conditions, NETELLER shall continue paying Commission in respect of your existing Referred Members until our liability to pay Commission has expired in accordance with section 4.2 or 5.2 of these Terms and Conditions.

9.3. NETELLER may immediately terminate your participation in the RaF Programme in the following circumstances:

a) you commit a material breach of these Terms and Conditions or the NETELLER Terms of Use; or the NETELLER Cryptocurrency Terms of Use;

b) NETELLER in its sole but reasonable discretion believes you or one of your Referred Members has conducted a prohibited activity as set out in section 3 of these Terms and Conditions; or

c) we are made aware of any claim by a merchant/operator or another Member that you are transferring money to and from their site without bona fide activity on that site.

9.4. If NETELLER terminates your participation in the RaF Programme under section 9.3 of these Terms and Conditions, NETELLER shall stop paying Commission to you immediately upon termination.

10. Dispute Process/Limitation of Liability/Indemnification

You have thirty (30) days from the date of each Commission payment ("Claim Period”) to challenge the amount or calculation of the Commission paid (“Claims"). Where notice is provided in the Claim Period, NETELLER shall use reasonable commercial efforts to investigate and resolve any errors or discrepancies and pay any outstanding Commission to you. If you fail to provide notice to NETELLER of a Claim within the Claim Period, you shall be deemed to approve the Commission. After the Claim Period, NETELLER shall be under no obligation to investigate any Claims and, to the extent permitted by law, you hereby release and discharge NETELLER from any and all liability with respect to paying any unpaid Commission that may otherwise have been payable to you (“Released Claims”).

11. General

11.1. These Terms and Conditions shall be governed by and interpreted in accordance with the laws of England and Wales. Any dispute under these Terms and Conditions or otherwise in connection with your NETELLER Account shall be brought exclusively in the courts of England and Wales.

11.2. If there is any discrepancy between any translated version and the original English version of these Terms and Conditions, the English version shall prevail.

11.3. The RaF Programme shall not be construed to create any employment relationship, agency relationship or partnership between you and NETELLER or any Paysafe group company. You shall have no authority to bind NETELLER or enter into any agreement on its behalf and nor shall you be considered to be an agent of NETELLER or any NETELLER group company in any respect.

11.4. If any part of these Terms and Conditions is found by a court of a competent jurisdiction to be invalid, unlawful or unenforceable then such part shall be severed from the remainder of the Terms and Conditions, which shall continue to be valid and enforceable to the fullest extent permitted by law.

12. Definitions

Unless stated otherwise, capitalised words in this agreement have the same meaning as in the NETELLER Terms of Use. The following defined terms have the meanings set out below:

a) “Commission” has the meaning set forth in section 4.1 and where applicable, includes Crypto Referral Rewards as defined in section 5;

b) “Cryptocurrency Service” has the meaning given in the  NETELLER Cryptocurrency Terms of Use ;

c) “Cryptocurrency Transaction” has the meaning given in the  NETELLER Cryptocurrency Terms of Use ;

d) “Eligible Cryptocurrency Transaction" means the purchase of an interest in a Supported Cryptocurrency using the NETELLER Cryptocurrency Service;

e) “Eligible Transactions” are successful send money transactions made from your Referred Members’ NETELLER Accounts. Please note the following transactions are not Eligible Transactions:

(i) Transactions made using your Net+ Prepaid Mastercard®.

(ii) uploads to, and withdrawals from, the Referred Member’s NETELLER Account;

(iii) Transactions between NETELLER Accounts and Skrill Accounts held by the same account holder;

f) “Member” means the registered holder of a NETELLER Account;

g) “Referred Member(s)” has the meaning set out in section 2; and

h) “Supported Cryptocurrency” has the meaning given in the  NETELLER Cryptocurrency Terms of Use.