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Tally Technologies, Inc. Referral Program Terms and Conditions

v.0.2022

The following Referral Rewards Terms and Conditions (“Referral Terms”) apply to the Referral Programs (“Programs”) offered by Tally Technologies, Inc. (“Tally”). By participating in the Program, you (“You” or “Tally Participant”) represent and warrant that you have read and agree to be bound by these Referral Terms, Tally’s Terms & Conditions and Tally’s Privacy Policy. Capitalized terms, unless defined herein, shall take their meaning from the Terms of Service and Privacy Policy. Tally reserves the right to modify or amend the Referral Terms, and the methods through which rewards are earned, at any time without prior notice. Continued participation in the Program after any amendment or modification shall constitute acceptance of such Referral Terms.

Eligibility

For the purposes of the Programs, a Tally Participant is defined as an Active Borrower who decides to participate in the Program. An Active Borrower is defined as an individual who has accepted a line of credit with Tally, has a complete line of credit application with Tally and has an open line of credit account in good standing at the time of the reward payment. In addition, an Active Borrower will only be eligible if the individual: 1) has connected at least one (1) credit card to their Tally account, 2) has at least $300 in interest-bearing credit card debt across all cards connected to their Tally account, 3) holds a balance of at least $300 in interest bearing credit card debt in their Tally account for at least 60 days, and 4) is currently in good standing on their Tally account. Tally’s Programs are open to all individuals who reside within a U.S. State or the District of Columbia and who: 1) are at least 18 years of age (or 19 if residents of Alabama or Nebraska), 2) reside outside of Louisiana, 3)  reside outside of states in which Tally is not licensed or otherwise provides line of credit services , and 4) reside outside of states where rewards programs are prohibited pursuant to state regulations. See full list of state exclusions at https://meettally.com/referrals. 

Tally may run multiple rewards programs including limited time offers at any given time differing in reward amount and eligibility requirements. 

The Program

Under the Programs, a Tally Participant (“Promoter”) may refer an individual who is not another Active Borrower (“Prospect”) by sending the Promoter’s unique referral link to the Prospect. If the Prospect becomes an Active Borrower by clicking the Promoter’s referral link and following the subsequent steps to become an Active Borrower, the Promoter will receive a referral award. If applicable, the Prospect may also receive a referral award. The nature of the referral award(s) will be specified to the Promoter before the Promoter sends the unique referral link to the Prospect. When applicable, the nature of the referral award will also be specified to the Prospect upon opening the Tally Participant’s referral link. The Promoter and the Prospect will not be eligible for the reward if they do not use the unique referral link or, if applicable, the required coupon code.

Making Referrals

To receive credit for a referral under the Program, eligible Promoters must send their unique referral link to Prospects who reside in states where the Program is available. Due to the confidential nature of the Tally product, we cannot disclose any information regarding qualifying accounts opened by the Prospect. Participation in the Program serves as a voluntary one-time waiver of privacy rights by the Promoter since the Prospect may be aware of the presence of the Promoter’s account with Tally.   

Referral Payments & Limitations

In order for the Promoter to receive a referral award, the Prospect must become an Active Borrower. If a successful referral is completed (a Prospect becomes an Active Borrower), the referral award will be sent to the email address provided by the Promoter and/or the Prospect. Tally shall use reasonable efforts to make payment of any referral award within thirty to sixty (30-60) days of the Prospect Becoming an Active Borrower. 

Tally Participants understand that referral awards shall be capped at U.S. $500.00 per individual each calendar year. Payments may not be transferred or substituted. In the event that the Program is canceled, any unredeemed referral awards will be forfeited. 

If an individual referred to Tally through the Program currently has a line of credit with Tally, then the individual is not eligible as a Prospect under this Program. Referring an individual to Tally under this Program does not guarantee that the individual will be approved for a line of credit and eligible to become an Active Borrower.

Individuals who already have a Tally account are ineligible to be a Prospect. Tally Participants understand that referring themselves or submitting an application on behalf of another individual is a direct violation of Tally’s Terms and Conditions and may result in cancellation of such account and no referral awards. Any violation of Tally’s Terms & Conditions or these Referral Terms will cause the individual to be ineligible for referral payments. 

Relationship

Your participation in this Program is solely as an independent contractor. Neither you nor Tally intend to establish an employment relationship, and you understand that you are not entitled to any benefits. All federal, state, and local taxes and duties are the sole responsibility of Promoter and Prospect(s).

Participant Conduct

It is explicitly understood that the Promoter and Prospect must abide by Tally’s Terms & Conditions, Privacy Policy and their respective line of credit agreements. 

Any participant seeking to participate in the Program must comply with all applicable laws, regulations and policies. Prohibited activity includes, but is not limited to, the following:

  • Soliciting loan applications; 

  • Compensating, or accepting any form of compensation from, individuals who you refer to Tally through the Program;

  • Using bulk email distribution, automated devices (e.g., bots), spam or third parties to make a referral;

  • Unfair or deceptive actions (e.g., hacking, use of fake email addresses or accounts, use of fictitious identities); and

  • Abusive, harassing or threatening actions towards other Promoters and Prospects, Tally users, or representatives of Tally. 

Any and all communications, including, but not limited to, emails, text messages, and social media posts, related to this Program, must be made in a personal manner, not on behalf of Tally. Participants may not purchase internet search terms advertising Tally, Tally’s line of credit, or this Program. Tally Participants may not acquire referrals through unsolicited email to persons unknown to them. Tally Participants are prohibited from distributing any content which impersonates another, or implies an affiliation with or endorsement from Tally or any Tally affiliate or subsidiary.  

Applicable Law & Arbitration

Any and all disputes, claims and causes of action arising out of or related to the Program or any referral payment shall be resolved under California law (without reference to its conflicts of laws principles), and participants in the Program agree to submit any dispute to the exclusive jurisdiction of the state and federal courts located in San Francisco County, California. Promoters and Prospects agree to submit to arbitration of any disputes relating to your use of the Program under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, shall be conducted within San Francisco County in the state of California. Promoters and Prospects covenant not to sue the Program Entities in any other forum. Promoters and Prospects also acknowledge and understand that, with respect to any dispute arising out of or relating to Promoters’ and Prospects’ use of the Service or this Agreement: Promoters and Prospects ARE GIVING UP THEIR RIGHT TO HAVE A TRIAL BY JURY; and Promoters and Prospects ARE GIVING UP THEIR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.

Privacy

Participation in the Program may require a Tally Participant to submit personal information about themselves. The personal information will be collected, processed and used in accordance with Tally’s Privacy Policy which can be found at https://www.meettally.com/privacy. In addition, personal information may be used by Tally or on Tally’s behalf to contact Tally Participants with regards to participation in the Program and to receive communications from Tally. 

Release From Liability

Except to the extent prohibited by law, Tally Participants agree that by participating in the Programs they agree: (i) to release and hold harmless Tally and its respective affiliates and subsidiaries, together with their respective employees, directors, officers, licensees, licensors, shareholders, attorneys and agents including (collectively, the “Released Parties”), from any and all claims, demands, damages, losses, liabilities, costs or expenses caused by, arising out of, in connection with, or related to their participation in the Program (including, without limitation, any property loss, damage, or personal injury caused to any person(s) and/or the awarding, receipt and/or use or misuse of the Program or any Referral credit); and (ii) to be contacted by Tally via email for purposes of the Programs. 

THE CONTENT, INFORMATION, LINKS AND FUNCTIONALITY OF TALLY’S WEBSITE AND REWARDS PROGRAM[S] ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF NON INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL COMPONENTS. WITHOUT IN ANY WAY LIMITING THE PRIOR SENTENCE, WE DO NOT MAKE ANY REPRESENTATION OR WARRANTY THAT (I) THE CONTENT AND INFORMATION OF TALLY’S WEBSITE OR REFERRAL PROGRAMS, OR (II) THE LINKS AND OTHER ASPECTS OF THE REFERRALS OR TALLY’S  WEBSITE IS ACCURATE, SECURE, COMPLETE OR OTHERWISE FREE FROM ERRORS AND OMISSIONS .

Severability

If any provision in these Referral Terms is determined to be in violation of any law, rule or regulation or otherwise unenforceable, such determination shall not affect the validity of any other provision of these Referral Terms, but such other provisions shall remain in full force and effect. Each provision and paragraph of these Referral Terms is severable from every other provision and paragraph and constitutes a separate and distinct covenant.

Termination

Any failure by Tally to exercise any rights or enforce any of these Referral Terms is not a waiver of such rights or terms. Tally reserves the right to suspend or terminate the Program or a Tally Participant’s ability to participate in the Programs at any time and for any reason. Tally reserves the right to review and investigate all referral activity and suspend or terminate Tally accounts, disqualify Promoters or Prospects, or cancel referral payments if Tally believes a Promoter or Prospect has violated any law, regulation or policy, or undermined the fairness, integrity or legitimate operation of the Programs in any way, including by cheating, hacking, deception, or any other unfair playing practices of intending to annoy, abuse, threaten or harass any representatives of Tally or any other individual (whether or not enrolled in the Program).