"Refer friends" Program Terms and Conditions
1) "Refer friends" Program Provider:
The "Refer friends" Program is operated by EVA with an office at 301 Merritt 7, Norwalk, CT 06851, hereinafter referred to as "IIS" or "Program Provider". IIS is part of the EVA worldwide group of companies. This Program is void where prohibited.
"EVA" means IIS and its affiliates.
"Program" means the "Refer friends" Program.
"Program Terms and Conditions" means these, or any updated version of these terms and conditions.
"Referee Panellist", "You", "Your" means you - the eligible panellist of EVA Panel who is interested, or has fulfilled the conditions to take part in this Program.
"Referral Link" means the link to Recruitment Questionnaire, directing the individual(s) recipient(s) to EVA Panels and www.ethnicvoiceaccord.com, made available to the Referee Panellist by the Program Provider. Each Referral Link is unique, identifying the Referee Panellist to whom it was assigned by the Program Provider.
"Referred Panellist" means an individual:
- (i) with residence in the same country as the Referee Panellist who invites the individual to register within EVA Panel and
- (ii) who has a valid email address, and
- (iii) who is aged 18 or over, as required by the terms and conditions of the concerned EVA Panel, and
- (iv) who is not already a member of EVA Panels, and
- (v) who is not a member of Your household or employee of IIS or of any company affiliated to EVA, and
- (vi) who has successfully registered as member of EVA Panel, via the Referral Link (by duly completing and submitting the Recruitment Questionnaire with valid information, e.g. no blank fields, no wrong characters) and strictly complies with the terms and conditions of EVA Panels to be a member of EVA Panels; and
- (vii) who corresponds to any specific profile requirements and criteria which the Program Provider considers relevant based on the specific referral campaigns which the Program Provider may run at a given time.
"Recruitment Questionnaire" means the online questionnaire available when accessing the Referral Link, that must be filled in by the Referred Panellist to join EVA Panels.
"Personal Data" means any information (including without limitation the names, email addresses, other contact information, demographic information, substantive survey responses and any other personally identifiable information) relating to an identified or an identifiable individual, an identifiable person being one who can be identified whether directly or indirectly, including the Referred Panellists and the Referee Panellists or any member of EVA Panels.
3) Changes to the "Refer friends" Program Terms and Conditions:
3.1. The Program Provider reserves the right to change these Program Terms and Conditions at any time. We will communicate any changes to the Program Terms and Conditions to Program members by posting them on the EVA Panel website www.ethnicvoiceaccord.com or by informing You through an email sent to You by IIS, with minimum ten (10) days before they will become effective and enter in force. The updated Program Terms and Conditions will become effective on the date expressly mentioned by IIS for such effectiveness or in 10 days, the earliest, from the date they are posted on the EVA Panels website or from the date You are informed by email in this respect.
3.2. If You do not accept the updated Program Terms and Conditions, You can withdraw from the Program by following the steps set out in Section 9 (Term and Termination) below. By continuing as a participant after the updated Program Terms and Conditions have been posted on the website or communicated by email to You and such changes became effective, You will have accepted and agreed to abide by the updated Program Terms and Conditions.
4) Who is eligible to participate in this Program:
Any EVA Panels member who has completed at least one incentivized survey marked as "Complete" at the time of the referral, is eligible to participate in this Program and may contact other individuals to invite them to register within EVA Panels by sending the Referral Link, provided that:
- a) You send the Referral Link in accordance with all applicable laws and regulations, including but not limited Data Protection and Privacy and Electronic Communications laws (e.g. the Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation)).
- b) You fairly and lawfully hold and use the Personal Data relating to the individuals to whom You send the Referral Link.
- c) The individuals to whom You send the Referral Link meet all criteria listed under the definition of "Referred Panellist".
- d) You don't charge any individuals who are recipients of Referral Link, nor offer money, provide anything of value in exchange, or other reward schemes in order to restrict or encourage them to join EVA Panels.
- e) Your communication in which You send the Referral Link and/or containing the Referral Link does not contain pornographic content, promote gambling or contain any other offensive, misleading or disparaging material.
- f) You will not place the Referral Link on websites, social media, emails or any other locations or communication which are using money as reward schemes or which are promoting gambling, pornographic content, or contain any other offensive, misleading or disparaging material.
- g) In case the Program Provider runs specific referral campaigns at a given time, the new Referred Panellists must correspond to the specific profile requirements and criteria which the Program Provider considers relevant based on the specific referral campaigns.
- i) You are not in breach or whatsoever violation of the terms and conditions applicable to EVA Panels, as only those members of EVA Panels strictly complying with the EVA terms and conditions are eligible to join the Program and benefit from the Program rewards.
5) How to take part in this Program:
Provided that the eligibility conditions and all other conditions provided by these Program Terms and Conditions are fulfilled, You can join the Program by sharing the Referral Link across websites and social media, or via e-mail.
6) Rules governing Your use of the Referral Link:
6.1. The Program Provider reserves the right to amend/update the Referral Link at any time and Referee Panellist shall use only the most recent Referral Link provided by IIS.
6.2. The Program Provider grants Referee Panellists a royalty-free, non-exclusive, non-transferable, non-assignable, limited, revocable license for the sole purpose of using Referral Link to invite other individuals to register within EVA Panels.
6.3. You understand and accept that You must not use the Referral Link on any websites or any other blogs or forums that prohibit such use. You accept that doing so will result in immediate termination of Your participation in this Program.
6.4. When You use email addresses, contact details or any other Personal Data You may hold on other individuals whilst participating in this Program, You must do so in full compliance with Your obligations as a data controller and in full compliance with the applicable data protection laws.
6.5. While taking part in the Program, You must ensure compliance with all advertising standards and/or consumer protection regulations that may apply when You use/send the Referral Link.
6.6. You confirm that neither You nor Your use of the Referral Link infringe the intellectual property rights, or any other rights of any third party.
6.7. You must only use the Referral Link received from the Program Provider whilst participating in the Program.
6.8. You must not alter, modify or change in any manner the Referral Link received from the Program Provider.
6.9. You shall not transfer any rights and obligations under these Program Terms and Conditions, and transfer will be void.
6.10. You shall not otherwise use or reproduce EVA company name(s), trading name(s), trademarks, brand names or logos without the Program Provider's prior written consent. You agree that the Referral Link provided to You so You can participate in this Program, including any potential artwork, content, design and other intellectual property rights held by the Program Provider are and shall be solely owned by the Program Provider, and constitutes the Program Provider's confidential and proprietary information. You will not sell, use or disclose for Your own benefit, or the benefit of any third party, any such intellectual property, or any other information that is confidential and/or proprietary to the Program Provider, without the express written permission of the Program Provider.
6.11. You shall not create, publish, distribute or permit any written material that makes reference to this Program or the Program Provider without first submitting the material to the Program Provider and receiving our prior written consent, which we may withhold in our sole discretion.
6.12. You understand and accept that any Panellists generated through Your referral efforts during the Program, and their associated information and/or data, are the sole property of those Panellists and the Program Provider, as the case may be. You do not acquire any rights to such information and shall not use such information for Your own benefit in any manner.
6.13. You understand, accept and agree to the Program Provider tracking the use of Referral Link, including keeping a record of the use of the Referral Link.
7) Rules governing acceptance and validation of the Referred Panellists You recruit:
7.1. The Program Provider will reward the Referee Panellists participating in the Program, for each new Referred Panellist who was recruited via the Referral Link and accepted into the Provider's EVA Panels, provided that:
- a) The use of the Referral Link, by the Referee Panellist, was in strict compliance with the rules governing the use of the Referral Link and the Program Terms and Conditions.
- b) The Referred Panellist successfully registers to the EVA Panel and completes at least one incentivized survey marked as "Complete, while strictly complying with the EVA terms and conditions;
- c) The Referee Panellist has complied with the eligibility conditions of these Terms and Conditions.
7.2. Referee Panellists will be rewarded 100 points for each validated Referred Panellist, recruited as a result of the Referee Panellist's participation in this Program and accepted onto the EVA Panel.
7.3. The points will be credited to the Referee Panellist's points account in no more than 5 days after the Referred Panellist has successfully joined the EVA Panel, and completed at least one incentivized survey marked as "Complete". You will only be rewarded for a maximum of 60 validated Referred Panelists per month.
7.4. In case the Program Provider runs specific referral campaigns Program at a given time, Referees may be rewarded with specific incentives applicable only to that specific referral campaign Program, according to the related Terms and Conditions and including any specific conditions that You will be communicated by the Program Provider. Any such specific referral campaign Program shall be governed by the related Program Terms and Conditions that You accept and agree to abide.
7.5. If Your participation in the Program is terminated for any reason except as set forth in Section 9.5 of these Program Terms and Conditions, You will receive the points due to You in accordance with this section up to the date on which Your participation ended.
8) Liability; Disclaimer of Warranties; Limitation of Liability:
8.1. You agree to indemnify, defend and hold harmless the Program Provider and each of its respective officers, partners, managers, employees, agents and attorneys, from and against any and all liabilities, claims, actions, suits, proceedings, judgments, fines, damages, costs, losses and expenses (including reasonable attorneys' fees, court costs and/or settlement costs) arising from:
- a) Your participation within the Program;
- b) any third party claims in connection with Your participation to the Program; and
- c) any breach by You of these Terms and Conditions.
8.2. The Referee Panellist agrees that any unauthorized and/or unlawful use of the Program and/or Referral Link would cause irreparable harm to the Program Provider for which money damages would be insufficient and agrees that money damages would not be a sufficient remedy for a breach of these Program Terms and Conditions and that in addition to any other remedies available at law, the Program Provider shall be entitled to specific performance and injunctive or other equitable relief, without the necessity for the posting of any bond or security, as a remedy for any such breach.
8.3. Any unlawful or disparaging action of Referee Panellist during participation in the Program that may be considered a violation of criminal and/or civil law shall entitle the Program Provider to seek all remedies in this regard against any unlawful or disparaging action to the fullest extent permitted by law and in equity.
8.4. THE PROGRAM PROVIDER DISCLAIMS ANY WARRANTIES, EXPRESS AND IMPLIED, RELATED TO THE REFERRAL LINKS, THE PROGRAM AND THE EVA PANEL WEBSITE.
8.5 THE PROGRAM PROVIDER SHALL HAVE NO LIABILITY WHATSOEVER (INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES), TO REFEREE PANELLISTS, USERS OR ANY THIRD PARTY, FOR REFEREE PANELLISTS' USE OF, OR INABILITY TO USE, THE REFERRAL LINKS, THE PROGRAM AND THE EVA PANEL. THE PROGRAM PROVIDER SHALL HAVE NO LIABILITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITAITON FOR LOST PROFITS AND LOST REVENUE WHETHER OR NOT SUCH DAMAGES ARE CLASSIFIED AS DIRECT DAMAGES) TO YOU, ARISING OUT OF, OR IN CONNECTION WITH, THIS AGREEMENT WHETHER OR NOT PROGRAM PROVIDER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER BASED IN BREACH OF CONTRACT, TORT, OR ANY OTHER THEORY AT LAW OR IN EQUITY.
8.6. THE PROGRAM PROVIDER'S TOTAL CUMULATIVE LIABILITY TO REFEREE PANELLIST AND/OR ANY THIRD PARTY, REGARDLESS OF THE FORM OF ACTION, WILL NOT EXCEED THE AMOUNT EQUAL TO THE REWARDS ACTUALLY RECEIVED BY THE REFEREE PANELLIST FROM THE PROGRAM PROVIDER DURING THE REFEREE PANELLIST'S PARTICIPATION IN THIS PROGRAM.
9) Term and Termination:
9.1. The Program shall be valid as of 07/05/2022 and shall remain in force until terminated by the Program Provider (the "Term").
9.2. The Program Provider will inform all Referee Panellists of the decision to terminate the Program by a notice posted on the EVA Panel website with at least ten (10) days' prior notice of the Program termination date.
9.3. During the notice period, the Program will not be active and no new applications to join the Program will be accepted.
9.4. The Program Provider may terminate Your participation in the Program at any time and for any reason, in its sole discretion. Such reasons may include, without limitation, if we consider that You (i) are in any way in breach of these Program Terms and Conditions, or (ii) have promoted or used the Referral Links in any fraudulent manner.
9.5. Should the Program Provider terminate Your participation in the Program due to Your breach of these Program Terms and Conditions, You will not be entitled to receive any reward for Your referral activities, and Your participation to the Program will be immediately terminated. You are required to immediately cease Your participation in the Program, remove all Referral Links from across websites and social media You may used and stop any other activity or action that is in breach of these Program Terms and Conditions. In addition to any other remedies considered appropriate by the Program Provider, You will also be held directly responsible for all costs and legal fees arising from Your breach of these Program Terms and Conditions.
9.6. You may terminate Your participation in this Program at any time by removing all Referral Links across websites and social media You may have used. You shall be rewarded only for the new Referred Panellists accepted and validated during the Term in accordance with these Program Terms and Conditions.
9.7. Upon termination of Your participation within the Program, any and all licenses granted under these Terms and Conditions for the Program, including without limitation upon Referral Link, shall immediately cease.
These Program Terms and Conditions shall be governed by and construed in accordance with English law and any dispute not amenable to amicable settlement shall be submitted to the non-exclusive jurisdiction of the English Courts.
Headings and captions used in these Program Terms and Conditions are for convenience only and are not to be used in the interpretation of these Program Terms and Conditions. If any provision of these rules is held to be invalid, illegal or unenforceable in any respect, that provision shall be limited or eliminated to the minimum extent necessary so that these rules otherwise remain in full force and effect and enforceable. These Program Terms and Conditions constitute the entire agreement between the parties relating to the subject matter hereof and supersede all prior agreements and discussions, whether written or oral, relating to the subject matter hereof.