CookieYes Referral Program - Terms and Conditions

Welcome to the CookieYes (Hereinafter referred to as "CookieYes", "Company", or "CY"). We appreciate your interest in being a part of our referral programme. Our referral programme is designed to Reward you when you refer our products and services to others. Before moving forward with signing up with our referral programme, please read the terms and conditions for CookieYes Referral Programme. This would ensure that CookieYes and you are on the same page regarding how the referral programme works.

These Terms and Conditions are established to promote transparency and fairness in the CookieYes Referral Program. By Participating in the Program, you acknowledge and agree to comply with these Terms, along with any supplementary policies or supplementary guidelines communicated by the Company to your Email registered with us. Failure to comply with any provision of these Terms, supplementary policies, or supplementary guidelines may result in disqualification from the Program and the imposition of any other consequences specified herein.

1. Eligibility

To be eligible for participation in our referral programme, The Referrer(the person who refers others) must be an active user, defined as any legal or natural person who has an active plan in use for at least fifteen (15) days immediately preceding the referral date, of CookieYes and the Referee (the person who uses the referral link) shall not be a current user of CookieYes. They are termed as "Participant" individually and "Participants" collectively. The Participants shall possess legal capacity and eligibility to enter into an agreement, in compliance with the applicable laws and regulations governing the contractual relations in their respective jurisdictions.

2. How to participate

To participate, the Referrer must share their referral link with the Referee, found on the referral dashboard of the Referrer, which the Referee should use to sign up.

3. Qualified referral

A 'Qualified Referral' is defined as a successful referral that results in the Referee signing up for a paid plan. For the purposes of this Agreement, a Referral shall be deemed a 'Qualified Referral' only if the Referee maintains a paid account status as of the thirtieth (30th) day following the date of their purchase of the services provided by the company.

4. Referral Validation

Website or account without interruption. If a referred user signs up using the referral link, subsequently deletes their website or account, and later creates a new website or account (whether using the same, modified, or different registration details), such a referral will be considered invalid and ineligible for any rewards, benefits, or incentives under the Referral Program.
Attempts to circumvent the Referral Program requirements — including, without limitation, deleting and recreating accounts or websites to falsely trigger referral rewards — are strictly prohibited and may result in disqualification from the program and forfeiture of any pending rewards.
The determination of the validity of any referral, and the application of these terms, shall be made at our sole and absolute discretion and shall be final and binding.

5. Rewards and benefits

For each Qualified referral:
1. The Referrer shall be entitled to receive a one-time Reward equivalent to forty percent (40%) of the total value of the Referee's plan as of the thirtieth (30th) day from the date of purchase.
2. The Referee will be eligible to receive a ten per cent (10%) as a one-time discount.
The Referrer can redeem the Reward in two ways.
1. By redeeming the Reward in the form of gift cards.
2. By availing a discount in the next CookieYes invoice.
The redemption period of the Reward shall be twelve (12) months from the date of credit of the Reward to the referral account.
The maximum reward per referral shall be capped at either two hundred and twenty US Dollars (USD $220), or one hundred and sixty-eight British Pounds (GBP £168), or two hundred Euros (EUR €200), based on the currency choice made by the referrer upon signup.

6. Rewards distribution

The Referee shall receive the discount at the time of signing up.
The Referrer shall receive the Reward after the thirtieth (30th) day from the date of purchase. The Reward shall be credited to the referral account of the Referrer, which can either be redeemed in the form of gift cards or be credited into the CookieYes account as CookieYes credits, which can be used to avail a discount in any of the future CookieYes Invoice.
The Company shall retain the right to postpone the distribution of any Rewards to the Referrer in the event of technical issues, compliance-related matters, or verification-related concerns. In such instances, the Company shall provide timely notice to the Referrer, outlining the reason for the delay and, where possible, an estimated timeframe for resolution. The Company shall make reasonable efforts to address the underlying issues promptly to facilitate the distribution of the Rewards at the earliest opportunity.
The Referrer acknowledges and agrees that they shall be solely responsible for any and all tax obligations, including but not limited to income tax, sales tax, or any other taxes or duties arising from or related to the Rewards received under this Program. The Referrer shall ensure compliance with all applicable tax laws and regulations. The Company shall not be held liable for any claims, liabilities, or penalties arising from the Referrer's failure to discharge such tax obligations, and the Referrer shall indemnify and hold the Company harmless from any such claims or liabilities.

7. Prohibited activities

The following activities are prohibited under these terms and conditions. If found to be engaging in such activities, the user may be subject to legal actions as well as a ban from the use of our website and services. Additionally we may also require the user to pay back any amount that has been paid to them in the form of Rewards (either by invoice discounts or through gift cards) by the Company, as a result of such prohibited activities.
1. Self referral: The Referrer is strictly prohibited from self-referring to the programme. This prohibition includes, but is not limited to, the following activities: Using own email addresses, or creating multiple email addresses to register via the referral link.
2. Spamming: The Referrer shall not send excessive or unsolicited referral links via emails, social media, messages or any other methods or communication to people who are not interested. Examples of such behaviour include, but not limited to:
  1. Sending repeated referral links to a person's email or messaging app after they have not responded to previous messages or have expressed disinterest.
  2. Posting referral links on someone's social media posts or in unrelated social media groups without permission or relevance to the group topic.
  3. Sending referral links to a large number of contacts in a personal or professional network without knowing if they have any interest in the Referrer's services.
  4. Adding referral links in bulk to comments on unrelated online articles, forums, or community boards where recipients have not opted in.
3. Misrepresentation: The Referrer shall not misrepresent the terms, facts, benefits, or requirements of the referral programmes in order to increase the number of their Qualified referrals.
4. Fraudulent or deceptive practices: The Participant agrees not to engage in, nor facilitate, any form of systemic fraud or other fraudulent activities within the Referral Program. For the purposes of these Terms and Conditions, 'systemic fraud' includes but is not limited to any coordinated effort or organised scheme involving multiple individuals or entities to manipulate, deceive, or exploit the Referral Program in a manner that circumvents its intended purpose or results in unfair or unlawful gains. Any involvement in systemic fraud, including but not limited to the use of false referrals, collusion, or other fraudulent activities, will result in the immediate disqualification of the Participant from the Referral Program and may lead to further legal action as deemed necessary by the Company. The Company reserves the right to take any and all actions, including withholding or cancelling rewards, if systemic fraud or other fraudulent activities are detected.
5. Unauthorised Advertising: The Referrer shall not, without a prior written authorisation from the Company, advertise the referral links.
6. Activities in violation of the law: The Referrer shall not engage in activities that are in violation of law, including, but not limited to, intellectual property infringement, privacy law violations, or advertising laws.

8. Indemnity

The Participants shall indemnify, defend, and hold harmless The Company, its officers, directors, employees, agents, affiliates, subsidiaries, and licensors from any and against all claims, liabilities, damages, losses, costs, and expenses including any reasonable attorneys' fees, arising out of, or in connection with your violation of these terms and conditions.

9. Termination

The company reserves the right to terminate your participation in the referral programme if you are found to have breached any of the terms of this terms and conditions, without any prior notice.
The Company reserves the right to terminate the Referral Program at its discretion, without prior notice to the Referrers. Notwithstanding the foregoing, any pending Reward(s) for successful referrals that have not yet reached the thirty (30th) day period required to be a Qualified referral at the time of termination shall remain eligible for Reward, provided such referrals meet all applicable requirements set forth in these Terms and Conditions.

10. Changes to these terms and conditions

The Company reserves the right to amend these Terms and Conditions at its discretion. Any such amendments shall be duly communicated to the Referrer via their registered email address.

All decisions regarding eligibility, Qualified Referrals, and Reward distribution made by the Company are final and binding.

11. Privacy and data use

To ensure that the referred accounts sign up through the designated referral link, the Company shall utilise the email address provided by the Referrer while sharing the referral link. For comprehensive information on our privacy practices and the rights afforded to data subjects, please consult our privacy policy and our Data Processing Agreement.

12. Governing law

These terms and conditions shall be governed by and construed in accordance with the laws of England and Wales. The courts of England shall have exclusive jurisdiction for the settlement of all disputes arising under this Agreement.

13. Dispute Resolution

In the event of any dispute, controversy, or claim arising out of or in connection with the Referral programme, the parties shall first attempt to resolve the matter through good faith negotiations. Either party may initiate this process by providing written notice of the dispute to the other party, outlining the nature of the dispute and any proposed resolution. The parties shall meet, either in person or virtually, within 15 days of the notice to attempt an amicable settlement. For the purposes of this clause, the written notice for CookieYes shall be sent to [email protected] and the written notice for the Participant shall be sent to the email address registered with us.
If the dispute cannot be resolved through good faith negotiations within 30 days of the notice, the parties shall refer the matter to mediation.
1. The mediation shall be conducted by a mutually agreed mediator or, failing agreement, a mediator appointed by a recognized mediation service provider in England and Wales.
2. The mediation shall take place within 30 days of the appointment of the mediator, at a venue agreed upon by the parties or conducted virtually if more convenient.
3. Each party shall bear its own costs of mediation, and the costs of the mediator shall be shared equally.
4. Mediation proceedings and any documents or communications exchanged during mediation shall remain confidential and cannot be used in subsequent proceedings.
If the dispute is not resolved through mediation within 60 days of initiating the mediation process, the dispute shall be finally resolved by arbitration.
1. The arbitration shall be conducted in accordance with the provisions of the Arbitration Act 1996 (England and Wales).
2. The arbitral tribunal shall consist of a single arbitrator, appointed by mutual agreement of the parties, or, failing agreement, by a recognized arbitral institution.
3. The seat of arbitration shall be in England and Wales, and the language of arbitration shall be English.
4. The arbitrator's decision shall be final and binding on both parties, and judgment upon the award rendered may be entered in any court having jurisdiction.
All dispute resolution processes under this clause shall be conducted in confidence. Information disclosed during such dispute resolution processes shall not be disclosed to any third party except in accordance with the laws in force.
During the course of dispute resolution, both parties shall continue to perform their obligations under these terms and conditions, to the extent that such performance is not the subject of the dispute.

14. Miscellaneous

The Participants agree and understand that the Company shall not be liable for any of their acts or omissions regarding the policies of their respective employers in connection with the CookieYes referral programme. The Participants also agree that all the payments done in connection with the CookieYes referral programme shall not be eligible for refund.
If any provision of this Terms & Conditions is found to be unenforceable by any Court of Law, the remainder of this Terms and Conditions shall continue in full force and effect.
The Company provides an opportunity to redeem Rewards through third-party gift cards. These gift cards are issued and managed by an independent third-party provider (the "Gift Card Provider"). The Company is not responsible for any issues, errors, or defects encountered during the redemption or use of the gift card. Any questions, complaints, or claims related to the gift card or its usage should be directed to the Gift Card Provider. The Company makes no warranties or representations regarding the availability, functionality, or terms of use of the gift cards and disclaims any liability for issues arising from interactions with the Gift Card Provider. However, In the event of any issues arising during the redemption of rewards, the Referrer is advised to reach out to the CookieYes support for assistance, before engaging with the Gift Card Provider.
The Company provides an opportunity to redeem the Rewards as a discount in the next billing cycle of the Referrer. For a Referrer to be eligible for this, the Referrer shall have a paid account with the Company.
The Company shall not be held liable for any delay or failure in the performance of its obligations under these Terms arising from causes beyond its reasonable control, including, without limitation, acts of God, pandemics, cyberattacks, governmental actions, or other unforeseen events
All decisions taken by the Company concerning the eligibility, qualified referrals, and the distribution of rewards shall be final, conclusive, and binding.