AAA House Manager Referral Program Terms and Conditions (“Referral Terms”)

Effective Date:  March 17th, 2021

    These Referral Terms govern the AAA House Manager Referral Program (the “Program”) offered by AAA Northern California, Nevada & Utah (the “Company,” “we,” “our,” or “us”) and your participation in the Program. By participating in the Program, you acknowledge that you have read, understood, and agree to be bound by these Referral Terms, and the AAA House Manager Terms & Conditions, which are incorporated within these Referral Terms by this reference and provide for, without limitation, limitations of liability in favor of the Company as well as binding arbitration for most claims between you and the Company and a waiver of bringing class action claims against the Company. In the event of a conflict between these Referral Terms and the AAA House Manager Terms & Conditions, the provision that is more protective of the Company will control. The personal information collected, processed, and used as part of this Program will be used in accordance with our Privacy Policy.

    1. Right to Modify or Terminate; All Decisions Regarding Program Are Final. We reserve the right to modify or terminate the Program at any time for any reason, including by changing the rewards given, modifying how you may earn or redeem rewards, changing the maximum number of referrals or rewards per calendar year, or modifying the expiration of rewards. We reserve the right to disqualify you at any time from participation in the Program, or to cancel or modify your Rewards (defined below), including pending and accrued Rewards, if you do not comply with these Referral Terms, or we believe you have engaged in fraud or the violation of law or regulation. We will post an updated version of these Referral Terms at www.housemanager.calstate.aaa.com or a subdomain thereof, and you will be deemed to have accepted such changes by continuing to use the website or the Program after the date such changes are posted. In all matters relating to the Program, including on questions of eligibility and qualifications of the transactions, the decisions of the Company are final and non-appealable.

    2. Eligibility. To participate in the Program, you must be a member of AAA House Manager in good standing and with an active membership, and you and each Referral (defined below) must be eighteen (18) years of age or older and within the service area of AAA House Manager. All Referrals to AAA House Manager through this Program cannot be, or have been at any time prior to the referral, a member of AAA House Manager. Corporations, groups, and other entities are not eligible. If you cancel your membership in AAA House Manager, you are no longer eligible to participate in the Program as a Referrer (defined below).

    3. How to Participate in the Program. To participate in the Program as a referrer (“Referrer,” “you,” or “your”), you must go to the Refer-a-Friend program page and follow the instructions to send your friends, family, and colleagues (your “Referrals”) your personal link or code and an invitation to become a AAA House Manager member (each, an “Invitation”). As more fully explained in Section 5(a) below, each Invitation must disclose that the Referrer will receive a Reward if the Referral becomes a member of AAA House Manager through the Referrer’s personal link or code. See Section 5(a) for further details, including language to use. This is a legal requirement, and your failure to include the notice may result in voiding any Rewards. By sending an Invitation, you represent and warrant that you know the Referral and that, to the extent any consent is necessary, you have the required consent. You must respect the spirit of the Program by sending Invitations only to real individuals who meet the requirements of these Referral Terms. Participation in the Program may require you to submit information about you, such as your name, house address, and email address. You agree to receive communications from us with regard to your participation in the Program.

    4. Rewards.

        a. Earning. Subject to your compliance with all the Referral Terms, you and your Referral will each receive one (1) hour of free AAA House Manager service (each, a “Reward”) for a Qualifying Transaction. A “Qualifying Transaction” occurs when an eligible Referral (a) becomes a member of AAA House Manager using your personal link, and (b) completes their first paid service visit. In the event that your Referral does not complete their service visit, neither you nor they will receive a Reward. The Rewards will be credited to your respective accounts.

        b. Expiration. Rewards expire on the earliest of: (a) two (2) years after they are earned; or (b) the cancellation or termination of your membership in AAA House Manager.

        c. Other Terms. No more than one Reward may be redeemed on a single AAA House Manger service visit and Rewards must be used in one-hour blocks (i.e., no retention of partial hours). Rewards are applied automatically to your invoices for your AAA House Manager service visits in the order in which they were earned. There is no cash value for the Rewards. Rewards are not transferable, and may not be assigned, auctioned, traded, bartered, or sold. We reserve the right to revoke and/or modify Rewards if we determine, in our sole discretion, that you have engaged in fraudulent referring activity (e.g., using Spam (defined below) to obtain referrals). Referrers cannot earn Rewards by referring him/herself or another person within the same household. Rewards will not be earned for a Referral who was previously a member of AAA House Manager under any email address or alias. We reserve the right to limit the maximum number of Rewards that may be applied to your account. We may delay the issuance of a Reward for the purposes of investigation. We may also refuse to process any earning or redemption transaction we deem, in our sole discretion, to be fraudulent, suspicious, in violation of these Referral Terms, or if we believe it will impose potential liability on us, our subsidiaries, or our affiliates or any of their respective officers, directors, employees, representatives and agents. Other exclusions or restrictions may apply. Lost, stolen, or destroyed Rewards will not be replaced. We are not responsible for communication errors due to a change of email address or other changes in contact information.

    5. You Are Responsible for Your Communications. You are limited in the way you may talk/write about the Program. You understand that for any communications you send, you are sending them on your own behalf. The content of all of your communications about the Program and AAA House Manager must be yours alone. In addition, you and your communications must comply with the following terms:

        a. You Must Disclose Your Relationship with Us. Every time you post or send your personal referral code or link, you must tell the recipient or readers that you will earn a discount on your AAA House Manager services if they use your personal referral code or link to sign up for and use AAA House Manager. Making this disclosure is a legal requirement. Failure to comply may result in your losing your Rewards and may be a violation of laws enforced by the Federal Trade Commission. Please use the following language: “I get a discount if you sign up for AAA House Manager using my code/link.” [Make sure this is included in the pre-populated email.]

        b. No Side Promotions; Stick with the Referrals. You must not conduct your own promotion in connection with this Program or Referrals. Any communications you make about this Program must be limited to referring people to AAA House Manager. You agree that you will not participate in this Program in a threatening, abusive, illegal, dishonest, or unethical manner.

        c. Be Truthful and Not Misleading. Do not misrepresent or embellish your relationship with us or write, say, or post anything you know is untrue or may be misleading. Do not make performance, price, or other claims about AAA House Manager.

        d. No Use of Our Intellectual Property Without Our Permission. You may include a link to the AAA House Manger website in your communications about the Program. However, you must not, without our written permission, include any other AAA Northern California, Nevada & Utah trademarks or other of our materials in your communications and you must not use any other domain names or e-mail addresses that include AAA Northern California, Nevada & Utah, its marks, or its other property.

        e. Bulk Distribution (“Spam”). Each Referrer is the actual sender of any Invitation, even if we provide a template or assistive technology for you to do so. You therefore must comply – and are solely responsible for complying – with all applicable laws regarding such communications. Referrals must be created and distributed in a personal manner that is appropriate and customary for communications with family members, friends, and colleagues. By sending an Invitation, the Referrer represents that she/he has the appropriate permission and consent. If someone has asked you to stop sending them messages about AAA House Manager, respect that wish. Bulk distribution, distribution to strangers, or any other use of the services described in these Referral Terms in a manner outside the intent of the Program is expressly prohibited and may be grounds for immediate termination from the Program and further legal action. You agree to indemnify the Company and its affiliates, officers, and directors against any liabilities, costs, and expenses it or they incur as a result of your violation of this provision.

    6. Restrictions. Referrers cannot refer themselves or create multiple, fictitious, or fake accounts to participate in the Program. No user may use the Program in a manner that violates any law or platform terms or rules, infringes or violates 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 benefit in the Program. CAUTION: ANY ATTEMPT TO DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, WE RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

    7. Sign-In Credentials. You are solely responsible for providing accurate credentials and maintaining the confidentiality of any sign-in credentials. You agree to notify us immediately if you suspect unauthorized access to your account. You agree that we will not be liable for any loss or damage arising from unauthorized use of your credentials.

    8. General. These Referral Terms do not create the relationship of employer and employee, a partnership, joint venture, or other relationship between you and Company. The Program and these Referral Terms will be governed, construed, and interpreted under the laws of the State of California. To the fullest extent permitted by applicable law, Company and any of its respective parent companies, subsidiaries, affiliates, directors, officers, professional advisers, consultants, contractors, legal counsel, public relations firms, employees, and advertising, fulfillment, and marketing agencies (collectively, the “Released Parties” will not be responsible for: (a) any late, lost, misrouted, garbled, distorted, or damaged transmissions or links; (b) phone, electronic, hardware, software, network, Internet, or other computer or communications-related malfunctions or failures beyond the reasonable control of the Released Parties; and (c) any Program disruptions, injuries, losses, or damages caused by events beyond the reasonable control of the Released Parties by non-authorized human intervention. By participating in the Program, you release all Released Parties from any liability whatsoever, and waive any and all causes of action, related to any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Program (including claims, costs, injuries, losses, and damages related to personal injuries, death, damages to or destruction of property, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty, or other theory. The use of the terms “includes” or “including” is illustrative and not limiting.