BYRD Referral Program Rules
These BYRD Referral Program Rules (“Program Rules”) govern your participation in the BYRD Referral Program. The Program Rules are in addition to any agreements between you and BYRD, including the BYRD Terms of Service, as applicable (collectively, the “BYRD Terms”). The BYRD Terms are incorporated by reference and shall apply to your participation in the BYRD Referral Program, including, if necessary, to resolve any disputes between you and BYRD related to or arising out of the Referral Program.
Program Overview
The BYRD Referral Program (“Referral Program”) is offered by BYRD, Inc. and its affiliates (together referred to as “BYRD”) and provides Users who are interested in referring their family and friends (“Referrers”) the opportunity to refer eligible individuals to join the BYRD community as new agents. These Program Rules apply to both Referrers and referred Users (“Referred Users” or “Referred” CLIENTs and AGENTs, respectively), so please read carefully to understand your respective rights and obligations.
Referrer Eligibility
To be eligible to participate in the Referral Program as a Referrer, you must (a) be a legal resident of your country; (b) be the age of majority in your jurisdiction of residence; and (c) continue having BYRD accounts in good standing at the time of payout - if any of your BYRD accounts are permanently deactivated prior to payout, you will not be eligible to receive the Referral Bonus even if all other terms have been met.
Referrers may be AGENTs. A single person may use the BYRD Platform in several ways (for example, as a CLIENT and AGENT). However, if you violate the Program Rules, the BYRD Terms of Service or any other applicable terms, BYRD may suspend or terminate your ability to participate in the Referral Program under any or all of your accounts. For example, if you are a CLIENT and AGENT and you engage in prohibited referral activity under your AGENT account, BYRD may terminate your ability to participate in the Referral Program under all of your BYRD accounts.
BYRD Codes
Under the Referral Program, BYRD may provide you with a unique alphanumeric code (“BYRD Code”) to distribute to eligible individuals to become new AGENTs. BYRD owns all rights in and to any BYRD Code, and may reclaim, deactivate, invalidate or terminate your BYRD Code at any time at its discretion.
How to Refer Users
a. Referred AGENTs.
You may refer eligible individuals to become new AGENTs on the BYRD Platform. In order to receive a Referral Reward for a new AGENT, the individual must (i) have never previously been a AGENT or started an application to become a AGENT; (ii) meet all eligibility requirements and be approved to drive on the BYRD Platform, and (iii) satisfy the applicable Reward Criteria. Previously approved AGENTs, who have been deactivated by BYRD are not considered a new AGENT for the purposes of this promotion. BYRD AGENT eligibility and approval is determined at the sole discretion of BYRD, and is not guaranteed. The duration of the review process may vary. If these conditions are met, the person shall be considered your “Referred AGENT.”
b. Invitations through the BYRD Platform.
You may invite your family and friends to become new Users directly through the BYRD Platform by entering or providing BYRD with your invitee’s contact information (all information collected by BYRD under the Referral Program shall be governed by BYRD’s Privacy Policy). Inviting an individual through the BYRD Platform may generate an automatic invitation text (SMS) or email (the “Invitation”) to the person which may be sent through your phone number or a number controlled by BYRD. The Invitation may contain a promotional offer of BYRD credit to a new CLIENT or a bonus to a new AGENT. You represent that you have the necessary consent from your invitee to send them the Invitation (either directly or through the BYRD Platform). If your invitee follows the links in your Invitation and creates a BYRD account using the information provided, your BYRD Code will be automatically applied on the new CLIENT’s account or the new AGENT’s application, as applicable. Note: BYRD does not accept CLIENT referrals through the AGENT application. If you wish to refer CLIENTs, please use the CLIENT application.
c. Other Invitations.
You may also invite eligible individuals to become new Users by distributing your BYRD Code directly and instructing them to manually input your BYRD Code into the BYRD App. A CLIENT will not be able to apply your BYRD Code if (i) they’ve already applied another User’s BYRD Code or a different promotion code, (ii) they’ve already received BYRD credit from BYRD or another source on their User account prior to entry of your BYRD Code, or (iii) they take a BYRD ride prior to entering your BYRD Code in their Account. A AGENT will not be able to apply your BYRD Code if they start their application without entering your Code or with entering another User’s Code. If a User does not enter your BYRD Code you will not receive attribution for the referral and they will not be considered your Referred CLIENT or Referred AGENT. BYRD reserves the right to supply new Users with BYRD credit or sign-on bonuses at its discretion.
Referral Rewards
a. General.
You are eligible to earn a referral incentive (“Referral Reward”) for each Referred CLIENT and Referred AGENT that you refer to the BYRD Platform (subject to certain maximum limits and the other terms in these Program Rules). Referral Rewards can only be earned for Referrals in your country of residence, and cannot be earned for cross-border referrals. As discussed above, in order to qualify as your Referred CLIENT or Referred AGENT, the new User must satisfy the applicable reward criteria (“Reward Criteria”) as communicated to the Referred User by BYRD. The Reward Criteria are set by BYRD in its sole discretion and are subject to change at any time. The Reward Criteria may vary by market or within a particular market. BYRD, at its sole discretion, may make available certain promotions with different Reward Criteria or Referral Rewards to other Users or prospective Users. These promotions, unless offered to you, shall have no bearing whatsoever on your Agreement or relationship with BYRD.
If the new User that you refer satisfies the Reward Criteria, the type of Referral Reward you are eligible to receive may depend on (i) which BYRD User account you used to refer the new user (in general, AGENTs can earn cash for Referred Users paid out in their weekly earnings, whereas CLIENTs receive BYRD credits in their BYRD account -- the amount of the Referral Reward may also vary depending on which User account you use), (ii) the BYRD region associated with your BYRD account (which may be the last location you have logged into the BYRD application), (iii) the BYRD region associated with the Referred User when they apply your BYRD Code, (iv) the BYRD region where the Referred User gave or took their first ride; or (v) other factors as determined and communicated by BYRD.
Both the Referrers and the Referred Users may be presented in the BYRD App with the amounts of the Referral Rewards they may receive if all the Referral Criteria and other conditions described herein are met. These amounts are calculated based on certain assumptions, such as, without limitation, the Referrer’s or the Referred User’s location at the time they give or take their first ride or download the BYRD app, and may not be accurate based on the actual behavior of the Referred Users. Such amounts, therefore, are only estimates and may differ based on a number of factors. BYRD will make a good faith calculation of such amounts based on the location of the Referrer and the Referred User. The Referrer and the Referred User will see the final applicable amount of their respective Referral Bonuses at the time when such Referral Bonuses are applied to their User Accounts and/or paid out.
b. Earning Referral Rewards for Referred CLIENTs.
New CLIENTs you refer may receive BYRD credit upon creating their new BYRD account (“Referral Credit”). Referral Credit is only valid for use on the BYRD Platform and is not transferable or redeemable for cash. Referral Credit may contain certain restrictions such as expiration dates or geographical use limitations which will be communicated to the new CLIENT. New CLIENTs should check the Promos tab within their BYRD app to determine whether they have Referral Credit and any restrictions on its use. In order to satisfy the Referral Criteria, the referred CLIENT must take their first BYRD ride before the Referral Credit expires, but in no event later than thirty (30) days from the creation of their BYRD account. All terms and conditions for the distribution and use of Referral Credit are determined by BYRD in its sole discretion.
c. Maximum Referral Rewards for Referred CLIENTs.
The maximum amount of Referral Rewards that BYRD will pay for Referred CLIENTs is $2,000 per week (either in cash, BYRD credit, or a combination of the two). For example, if the Referral Reward is $10 per Referred CLIENT and you generate 230 Referred CLIENTs in a single week, the maximum you can earn is $2,000 (in cash or BYRD credit) for such week. This maximum Referral Reward amount shall apply across all of your BYRD accounts (CLIENT (including your Business CLIENT account) or AGENT). You may not create multiple BYRD accounts to circumvent the Referral Reward maximum, and BYRD may withhold or deny any amounts above the maximum Referral Reward. BYRD reserves the right to change this maximum amount, and it is your responsibility to review the Program Rules for the current maximum limits.
d. Earning Referral Rewards for Referred AGENTs.
When you refer a new AGENT to the BYRD Platform you may be eligible for a Referral Reward if the AGENT is approved, satisfies the Reward Criteria, and is not waitlisted to become a AGENT. The applicable Reward Criteria varies by time, market, and promotion. Details about the applicable Reward Criteria for the Referred AGENT (if any) can be found in the BYRD AGENT App. As a standing rule, and unless modified by a specific offer's Reward Criteria, the new AGENT applicant must complete their AGENT application, become approved to drive on the BYRD Platform, and COMPLETE ONBOARD within the time frame identified in their offer in order to be eligible to complete the Reward Criteria. In addition, the Reward Criteria for new AGENTs always includes providing a certain number of REFERRALS on the BYRD Platform within a certain number of days of becoming approved to drive (the specifics shall be confirmed upon application).
e. Maximum Referral Rewards for Referred AGENTs.
BYRD reserves the right to set a maximum amount of Referral Rewards you can earn per week (or any other time increment) for referring new AGENTs to the BYRD Platform. It is your responsibility to review the Program Rules for the current maximum limits. In addition to the foregoing, if you have received Referral Rewards for twelve (12) or more referred AGENTs within one (1) calendar year starting midnight January 1, BYRD, at BYRD’s sole discretion, may automatically terminate your eligibility to participate in this BYRD Referral Program. Participation in all programs is subject to BYRD’s sole discretion and BYRD does not guarantee participation.
f. Resolving Disputes over Referrals.
Only one person can earn a Referral Reward for a single Referred CLIENT or Referred AGENT. In the event that multiple persons claim credit for a particular referral, BYRD has full discretion to determine which person earned such referral according to BYRD’s systems.
g. Reservation of rights.
BYRD reserves the right to withhold or deduct Referral Rewards or Referral Credit obtained through the Referral Program in the event that BYRD determines or believes that the receipt of the Referral Reward or Referral Credit was in error, fraudulent, illegal, or in violation of these Program Rules or any other applicable agreement between you and BYRD.
Restrictions
In connection with your participation in the Referral Program, you expressly agree to the restrictions listed below. When distributing, promoting or communicating your Referral Code(s) you agree that:
No spamming. You agree that you will not “spam” anyone with invitations to join the BYRD community, and that you at all times will remain compliant with CAN-SPAM, the TCPA, and other applicable laws. The following specific activities are prohibited:
Mass emailing, texting or messaging people you do not personally know;
Use of automated systems or bots through any channel to distribute, post or respond to your Referral Code;
Use of scripts, programed or automatic dialers to send invites or to communicate Referral Codes; and
Posting Referral Codes on event or venue pages without express permission from the event or venue owner.
No Misrepresentations. You agree that you will not attempt to mislead anyone in connection with the Referral Program, either by affirmative representation, implication, or omission. In particular, you agree that you will not:
Impersonate any person or entity;
Create fake accounts, blogs, webpages, profiles, websites, links or messages;
Misrepresent your relationship with BYRD or any other third party (Don’t create content or communications that could have the effect of leading a consumer to believe that it is an official communication from BYRD.);
Suggest that an affiliation or partnership exists with a third party where none exists. Some examples include:
“Use code ‘LOGAN5’ to get $10 ADDED TO your BYRD ACCOUNT #HYPERLOCAL #BYRD”;
“HETRZ loves BYRD! Use code ‘LOGAN5’ to get $10 ADDED TO your BYRD ACCOUNT ride to the concert tonight!”; or
“Little monsters love BYRD! Use BYRD to get to the Gaga concert tonight!”; and
Don’t make misrepresentations with respect to the characteristics or qualification requirements for any Referral Rewards. You acknowledge that BYRD may change the characteristics or qualification requirements for Referral Rewards in its discretion, and therefore you shall not represent any fixed characteristics (e.g., amount of BYRD credit, expiration date).
Prohibited content. You agree that you will not use the BYRD brand without BYRD’s explicit written permission in connection with:
Disparaging or defamatory content concerning BYRD or third parties;
Content which promotes racism, bigotry, hatred, discrimination or physical harm of any kind against any group or individual;
Offensive, abusive, intimidating or harassing content
Content that is sexually explicit, obscene and/or contains nudity
Any political and/or religious statement;
Content containing images or reference to drugs, alcohol, tobacco, weapons or firearms; or
Content that violates someone else’s privacy.
Other restrictions. You also agree that you will not:
Specify the monetary amount of the Referral Code unless authorized by BYRD in writing;
Create websites, domains, URLs, social media handles or email addresses containing the word “BYRD”;
Use the names or marks of BYRD competitors;
Use images of celebrities or other public or private figures without their written consent;
Use someone else’s brand name or intellectual property without their written consent (for example, referencing “Superbowl” or “Coachella” would be prohibited);
Engage in phishing or attempting to obtain financial or other personal information;
Solicit passwords or personally identifiable information;
Sell your Referral Code. You agree that you will only distribute your BYRD Code free of charge only for promotional purposes. You may not sell, trade, or barter your BYRD Code under any circumstances. You may not pay or provide anything of value to an invited user beyond any Referral Credit or collateral supplied by BYRD;
Violate or infringe the rights of a third party. You will not create any BYRD Code that infringes on the intellectual property rights of any third party. You will adhere to the license terms in any use of the BYRD Marks.
Advertise. You agree that you will not pay to advertise your BYRD Code or the Referral Program, including via Google, Facebook, Twitter, Bing and Craigslist.
Create printed materials other than those authorized by BYRD (including but not limited to: VistaPrint, CANVA)
Post printed materials on public or private property without the express written consent.
Engage in fraudulent activity. You agree that you and your Referred Users will not defraud or abuse (or attempt to defraud or abuse) BYRD, the terms of the Referral Program, or any invited Users.
If you violate any of these restrictions BYRD may, in its discretion, remove your eligibility to participate in the Referral Program, and/or deny you any Referral Rewards earned in violation or suspected violation of these restrictions.
Other Terms
The following terms shall also apply to your participation in the Referral Program.
Referred AGENTs who earn a Referral Reward for satisfying the Reward Criteria are not eligible for other sign-on bonuses or sign-on guarantees;
Referred AGENT's approved driving state/province must match the state/province indicated in their application. Any change to the approved state/province will result in disqualification from receiving referral bonus/earnings guarantee bonus;
Users cannot earn Referral Rewards for referring themselves;
In exchange for allowing you to promote your BYRD Code online (subject to the restrictions above), you agree to include a link on any such promotion page back to BYRD’s promotion page (or such other page as BYRD designates);
All BYRD promotions run for a limited time only and are subject to change at BYRD’s discretion.