Refer a Friend Terms and Conditions
ASICS America Corporation (“ASICS”, “Company”, “we”, “our”) is offering you the opportunity to refer friends via our Refer a Friend program (“Program”). You may participate in the Program as a referrer (“Referrer”) or friend, family or colleague of a Referrer (“Friend”) and Referrer may earn Rewards to be used in connection with purchases of ASICS’ products.
By participating in the Program, you agree to be bound by these Refer a Friend Terms and Conditions (“Refer a Friend Terms”) as may be modified by ASICS from time to time, and any updated terms will be binding on you by your continued participation in the Program.
These Refer a Friend Terms incorporate by reference ASICS Terms and Conditions of Use (“Terms of Use”) that apply to your use of the Program. NOTE: ASICS TERMS OF USE CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER, THAT AFFECTS YOUR RIGHTS UNDER THESE REFER A FRIEND TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH ASICS. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED IN SECTION 18 OF THE TERMS OF USE. To the extent of any conflict between the Refer a Friend Terms and the Terms of Use, the Refer a Friend Terms shall control to the extent of such conflict.
Your membership in ASICS’ OneASICS Program (“OneASICS Program”) is governed by the OneASICS Terms and Conditions.
The personal information collected, stored, used, disclosed and otherwise processed as part of the Program will be in accordance with ASICS Privacy Policy and may be shared with ASICS service providers.
1. Eligibility. In order to be eligible to participate as a Referrer or Friend in the Program, you must be a legal resident of the United States of America and at least 18 years old. If you are under 18 years of age, you may participate in the Program only with the involvement and supervision of your parent or guardian. Employees of the Company or any of their subsidiaries, affiliates or promotional partners are not eligible to participate in the Program.
2. How the Program Works. Visit the Program available on the Site and follow the on-screen instructions to refer a Friend. Referrer may add a Friend’s email address directly into the Program and a customizable message and unique referral URL (“Referral Link”) will be sent by Referrer from their email address by clicking “Send Email.” Referrer also may copy and share the Referral Link with a Friend by email or through other messaging functions. However, you are prohibited from sharing the Referral Link through text messages (SMS, MMS or RCS) or posting the Referral Link on public forums including social media. The Referral Link allows the Referrer to receive Rewards promoted by the Program. Referrers are limited to one Reward for each Friend; additional/repeat purchases made by a Friend are not eligible for additional Rewards. Referrer may refer a maximum of 25 individual Friends during each session and a maximum of 500 Friends throughout the entirety of the Program.
The Friend must complete the referral as described in the referral message by signing up for the Program, agreeing to be bound by these Refer a Friend Terms, and opting in to email marketing to receive messages from ASICS regarding the Program. The Friend will receive a coupon that can be used to make a Qualified Purchase and receive the Reward.
3. Rewards. By making a Valid Referral and satisfying the conditions of the applicable promotion such as Friend making a Qualified Purchase of ASICS products or Friend joining the OneASICS Program, Referrer may be eligible to receive specified discounts off purchases as defined by the Program and the promotion (“Reward”). A “Valid Referral” occurs when both Referrer and Friend sign up for the Program and agree to the Refer a Friend Terms. A “Qualified Purchase” is the purchase by Friend of either specific products or purchases of a minimum value as set by the Program and promotion that is not cancelled or returned.
To claim the Reward, present the coupon code at ASICS online or retail stores. Coupon codes are valid for 18 months, unless otherwise provided. Rewards are subject to verification. All of the Company's decisions with respect to the Program and Rewards are made in its sole discretion and are final and binding. The Company may delay a Reward for the purposes of investigation. The Company may deny or revoke any Rewards and disqualify any Referrer or Friend from the Program in the event of any suspected fraud, violation of law or these Refer a Friend Terms, or activity that may subject the ASICS Parties to liability. Restrictions and exclusions as determined by the Company in its sole discretion may apply to the Program and Rewards.
Only one Reward may be applied for a single purchase and Referrer is prohibited from stacking any Rewards. Rewards may not be combined with other offers, promotions or discounts. Referrer may earn a maximum of 500 Rewards throughout the entirety of the Program.
Rewards have no monetary value and may not be redeemed for cash. Rewards are not transferable and may not be auctioned, traded, bartered or sold.
4. Consent & Bulk/Spam Prohibition. Referrer is the actual sender of all emails and other communications made under the Program and must comply with all applicable laws and these Refer a Friend Terms. Referral communications must be created and distributed in a personal manner that is appropriate and customary for communications with friends, colleagues and family members. By submitting any email address as part of the Program or otherwise communicating or sharing any Referral Link with any Friend or other party, the Referrer represents that he/she has the appropriate permission and prior express consent from that Friend or other party.
Bulk email distribution, distribution to anyone who is not a friend, family or colleague who has expressly consented to such communication, or any other use of the services described herein in a manner that is not allowed under these Refer a Friend Terms is strictly prohibited and may be grounds for immediate termination and potential legal action. The Company has no obligation to monitor the Program or any communications; however, the Company may choose to do so and block any email messages, remove any such content, or prohibit any use of the Program. Referrers or Friends who do not comply with the Refer a Friend Terms or with any applicable law, including without limitation anti-spam or other consumer protection laws, are obligated to indemnify the ASICS Parties against any liabilities, costs and expenses the ASICS Parties may incur as set forth in Section 6 below, and Company may pursue any appropriate remedy at law or in equity.
5. Restrictions. Referrers are prohibited from referring themselves or creating multiple, fictitious or fake accounts with the Company or participating in the Program as Friends. No individual may use the Program to violate any law, infringe or violate the rights of any third party, or otherwise act in a manner that is deemed harassing, harmful, illegal, hateful, obscene or outside the spirit and intent of the Program. In addition, you may not (i) tamper with the Program, (ii) act in an unfair or disruptive manner, or (iii) use any system, bot or other device or artifice to participate or receive any Reward in the Program. ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE IN VIOLATION OF CIVIL OR CRIMINAL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE COMPANY RESERVES THE RIGHT TO SEEK ALL AVAILABLE REMEDIES, DAMAGES AND INDEMNIFICATION (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION.
6. Indemnity & Release. To the fullest extent permissible by applicable law, you agree to indemnify, defend and hold harmless the Company and its officers, directors, employees, agents, distributors, partners, subsidiaries, parents, and affiliates (the “ASICS Parties”) from and against any and all claims, demands, losses, liabilities, costs, or expenses, including, without limitation, reasonable attorney's fees which arise directly or indirectly out of or from (i) your breach of these Refer a Friend Terms, (ii) your breach of any applicable laws, and/or (iii) from your access or use of the Program. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with our defense of such claim and reimburse us for defense costs. You, for yourself and on behalf of your heirs, estate, insurers, successors and assigns, hereby fully and forever release and discharge the ASICS Parties from any and all claims or causes of action you may have for damages arising directly or indirectly out of or from (i) your breach of these Refer a Friend Terms, (ii) your breach of any applicable laws, and/or (iii) from your access or use of the Program. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
7. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, WHETHER IN CONTRACT, TORT, OR OTHER LEGAL THEORY INCLUDING BUT NOT LIMITED TO NEGLIGENCE OR OTHERWISE, SHALL THE ASICS PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES OR DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION THAT ARISE OUT OF OR RESULT FROM THE USE OF, THE INABILITY TO USE, OR ERRORS OR OMISSIONS IN THE CONTENTS AND FUNCTIONS OF THE PROGRAM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF THE ASICS PARTIES OR AN AUTHORIZED REPRESENTATIVE OF THE ASICS PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE ASICS PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHER LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED ONE HUNDRED DOLLARS ($100.00). IF ANY PART OF THIS LIMITATION OF LIABILITY IS DETERMINED TO BE UNENFORCEABLE OR INVALID FOR ANY REASON, YOU AGREE THAT THE ASICS PARTIES’ LIABILITY TO YOU FOR ANY DAMAGE OR LOSS SHALL BE LIMITED TO THE FULLEST EXTENT ENFORCEABLE BY APPLICABLE LAW.
8. Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) THE PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS AND TERMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR CUSTOM, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED THROUGH THE USE OF THE PROGRAM, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE ASICS PARTIES MAKE AND GIVE NO WARRANTY THAT (i) THE PROGRAM WILL MEET YOUR REQUIREMENTS, (ii) THE PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, AND (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE PROGRAM WILL MEET YOUR EXPECTATIONS, AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PROGRAM IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL. This disclaimer of warranties above does not expand or limit any express, written product limited warranty that is provided by ASICS of a physical product.
9. Right to Cancel, Modify or Terminate. We reserve the right to modify, cancel or terminate the Program or any promotion under the Program at any time for any reason. Any unclaimed Rewards may be forfeited. We reserve the right to disqualify any Referrer or Friend at any time from participation in the Program if he/she does not comply with any of these Refer a Friend Terms, violates applicable law, or otherwise misuses the Program. These Refer a Friend Terms shall survive in the event you cancel your participation in the Program or the Program or these Refer a Friend Terms are terminated for any reason.