Incogni Refer a Friend Program Terms and Privacy Notice

These Terms and Privacy Notice (‘Terms’) apply to the Incogni Refer a Friend program (“Program”). By referring a friend, acting on a referral or otherwise participating in the Program, a referring user (‘Referrer’) and a referred friend (‘Referred Customer’) agree to be bound by these Terms and the Incogni Terms of Service and Privacy Policy. If you do not agree to these Terms and the Incogni Terms of Service and/or Privacy Policy in their entirety, please do not participate in the Program.

Program Overview

The Program is initiated by Incogni Inc. (‘Incogni’) and administered by Cello (Powerplay GmbH, Sumpfmeisenweg 3A, 81249 Munich) (‘Cello’).

The Program operates as follows:

Each Referrer will receive a unique referral link, accessible via the Program widget in their Incogni account dashboard. The Referrer is responsible for sharing this link with their personal network.

• Upon a Referred Customer's successful subscription to Incogni through the Referrer's unique link, and provided the Referred Customer remains subscribed for a minimum of thirty (30) days, the Referrer will earn a commission. This commission is calculated as a percentage of the Referred Customer's initial payment, with a maximum cap per referral.
• The Referred Customer will receive a percentage-based discount on their Incogni subscription. The specific discount rate will vary depending on their chosen plan.

Eligibility

To participate in the Program, both the Referrer and the Referred Customer must meet the following criteria:

• Be at least 18 years old.
• Have a valid Incogni user account (expired subscription users are also eligible).
• The Referred Customer must purchase an Incogni subscription via the referral link shared by the Referrer.

Incogni reserves the right to determine if the Referrer’s Incogni user account is valid based on the mentioned criteria. Referral links shared to or obtained through other sources (for example, posting to third-party websites) will not be honored. Also, the Referred Customer and the Referrer cannot be the same person (e.g., by using a different email address). Eligibility is limited to individuals only, the Program cannot be used by businesses (to professionally promote Incogni for business purposes, consider exploring our affiliate program at https://incogni.com/affiliate).

Employees of Incogni, its subsidiaries, affiliates, and parent companies are not eligible to participate.

Qualified Referral

A "Qualified Referral" is a referral that meets the following conditions:

• The Referred Customer is a first-time customer to Incogni;
• The Referred Customer accesses and purchases a Incogni subscription through the Referrer's referral link, which is not expired;
• The Referred Customer must remain an active user of the Incogni service and not refund within the thirty (30) consecutive day period following their initial purchase or any other period granting the end-user a right to terminate their agreement with Incogni for convenience and receive a full refund, as may be applicable at that moment.

Acceptance of a referral by Incogni as a Qualified Referral is based upon verification that the Referred Customer is legitimate (i.e., meets the requirements indicated in these Terms and complies with all applicable laws). Incogni reserves the right to not accept a referral for any reason at any time. We are not obligated to and will not release to the Referrer reasons why a referral has not been deemed a Qualified Referral.

Referral Reward

After a Qualified Referral is completed, the Referral Reward payments (“Referral Reward”) will be granted to the Referrer.

The Referral Reward for a single referral will be paid in monthly installments until it reaches a total cap for concrete Referral Reward as indicated in the Program widget. These monthly payments are contingent on the Referred Customer maintaining their subscription.

Referral Rewards will be transferred to the Referrer's chosen payout method which can be chosen in the Program widget. The Referral Rewards will be issued by Cello, thus, their Terms of Service apply. The Referrer is responsible for any taxes associated with the Referral Reward.

Restrictions

Referrals should only be used for personal and non-commercial purposes. The Program is meant only for referring people that are already in the Referrer’s network: friends, family, colleagues, and their networks. Therefore, referral links should not be published or distributed on commercial websites, any blogs or YouTube channels/videos, but only on the Referrer’s personal social media where their network can see the referral links. The Referrer is prohibited from “spamming” anyone with referral invitations. This includes mass texting, emailing, or messaging people they do not know or using automated systems/bots through any channel to distribute, post, or otherwise share the referral link.

The Referrer is prohibited from using any type of Pay per Click or any other paid advertising methods (including bidding on keywords and phrases containing the "Incogni" trademark, or variations or misspellings of the trademarked term on Pay per Click or Pay per Impression campaigns on search engines (Google, Yahoo, MSN, Ask, Bing or others)).

The Referrer is also not allowed to use the Incogni website(s) as a display URL in paid media ads and to direct-link or redirect to the Incogni website(s).

Fraudulent and Suspicious Behavior

Each Referrer must nonetheless comply with applicable law, including anti-spam and privacy laws. Referrers who do not comply with the law are obligated to indemnify Incogni and all of the released parties (as described below) against any liabilities, costs and expenses incurred as a result of such violation.

Incogni has a no-tolerance spam policy. Spam, bulk referrals, distribution to strangers, the use of purchased or harvested referral lists or other fraudulent promotion of the Program is prohibited. The Referrer must not engage in any misleading, deceptive, annoying, or harassing practices with respect to referrals or Program communications. Any attempts to use the Program in a questionable manner, or violation of these Terms or applicable laws, will be grounds for immediate exclusion from the Program or even termination of the user’s account.

Referrers may not enter with multiple or fake email addresses or accounts, use fictitious identities to participate in the Program or receive the Referral Reward. Incogni may prohibit the Referrer from participating in the Program or receiving the Referral Reward, in Incogni sole discretion, if Incogni determines that such Referrer is attempting to undermine the fairness, integrity or legitimate operation of the Program in any way by cheating, hacking, deception, or any other unfair practices or violates these Terms in any way.

Privacy Notice

A unique referral link for the purpose of implementing and administering the Program will be created for each Incogni user. A unique link will be placed in the Program widget, which can be reached at the Incogni user’s account and will be associated with the specific user.

To track each Referrer’s referrals, determine eligibility for the Referral Reward and calculate it, Incogni will collect information about when the Referred Customer purchased a subscription (date), what the Referred Customer 's subscription status is, what Referral Reward the Referrer is entitled to, the number of Referred Customers (Referrer friends) subscribed, and the total amount of money earned. The legal basis for processing the above information for the purpose of implementing the Program is the contract (these Terms) with the Referrer and Referred Customer.

To facilitate and process the payment of Referral Rewards, Cello as the Service Provider (Data Processor) of Incogni will collect the Referrer’s personal information such as full name, bank account number, country, and payout (currency, sum) (depending on the chosen payout method). The Referrer will have to provide this information to Cello in the Program widget.

More information about personal information collection and processing and your privacy rights can be found in the Incogni Privacy Policy which is an integral part of these Terms.

Indemnification and Liability Release

Except where prohibited, you agree to release and hold harmless Incogni and its respective parent companies, affiliates and subsidiaries, together with their respective employees and any person or entity associated with the production, operation or administration of the Program, from any and all damages, costs, expenses, claims or liabilities of any kind, including third–party claims, whether pending or threatened, including, without limitation, attorneys’ fees and court costs, incurred by any of them arising out of or related to your participation in the program or breach of these Terms.

INCOGNI DOES NOT MAKE ANY PROMISES OR COMMITMENTS ABOUT THE PROGRAM, SUCH AS THE SPECIFIC FUNCTION OF THE PROGRAM, OR ITS RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. TO THE EXTENT PERMITTED BY LAW, SURFSHARK EXCLUDES ALL WARRANTIES, EXPRESS, STATUTORY OR IMPLIED. IN NO EVENT SHALL SURFSHARK OR ITS AFFILIATES BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING LOST PROFITS OR LOST COMMISSIONS ON LOST SALES (WHETHER OR NOT INCOGNI HAS BEEN ADVISED OF SUCH LOSS OR DAMAGE), ARISING FROM THE PROGRAM OR THESE TERMS.

Program Changes

Incogni reserves the right to change, end, or pause the Program, in whole or in part, as well as any Referrer's or Referred Customer's ability to participate in the Program or receive Rewards at any time for any reason, including suspected fraud (including by either the Referrer and/or Referred Customer), abuse, or any violation of these Terms.

Contact Information

For any questions or concerns regarding the Program, please contact our support team by email: [email protected].