Coupon, Referral Program & Affiliate Terms

A. Program Participation, Generally

1. To participate in the Program, Referrers should visit www.fixfactory.ca/referrals and follow the on-screen instructions to refer Friend and/or Family Members or Colleagues to the program by entering their contact information in the relevant fields. You cannot refer already existing customers that are in our system prior to your referral attempt.
2. Individuals who receive a referral via a Referrer are "Friend" and/or “Family” (or, singularly, a “Friend” or “Family”). An "Eligible" Referrer who is fully compliant with these Terms and Conditions may receive "Reward(s)" for every "Qualified Referral” (all terms in quotes to be understood as defined below).
3. By participating in the Program, a Referrer represents that he or she has their Friend and/or Family Members’ and/or Families’ prior consent to provide their contact information. You cannot refer already existing customers that are in our system prior to your referral attempt.
4. Referrer must have completed a purchase of at least $90CAD in the past 12-months. You cannot refer your Friend and/or Family Members or family without having first purchased with Fix Factory Canada.
5. Coupons are subject to their individual terms (most have the terms in an email or the system automatically enforces each coupons terms) ; some may double or increase points when used, some may be multiple usage, some may be both of these benefits. When you use a coupon emailed to you at checkout, or use any of the coupons attached to the checkout area, you're accepting the terms of service and coupons terms of service herein.

B. Eligible Referrer

To be "Eligible," a Referrer must:

1. Be a legal resident of Canada or the United States of America; and
2. Be at least 18 years old.

C. Making a Referral

1. A Referrer must register at www.fixfactory.ca/referrals to make a referral. Previous purchase is required (purchasers are only eligible, non-purchasers are not eligible). Once a Referrer refers a Friend and/or Family Member, the referred individual will be provided with a discount coupon and the Referrer with a confirmation email. The Referrer receives a $25 account credit automatically to their Coupons & Credits Tab in their MyAccount Menu and the successful referral can be seen in the Referrals Tab in the My Account Area, if a qualified purchase is made by the referred Friend and/or Family Member or Family within 12 months and at the current program minimum spend requirement.
2. Referrers must respect the spirit of the Program by only referring real individuals who meet the requirements of these Terms and Conditions. Referrers cannot refer themselves, or already existing customers in our database or systems. For example, a Referrer may not create multiple or fake accounts with Fix Factory Canada or participate in the Program using multiple or fake email addresses or identities, nor can they refer already registered customers.

D. Qualified Referrals

1. A “Qualified Referral” means that all the following conditions are met:
2. The Friend and/or Family Member completed the purchase of at least $100CAD of Fix Factory Canada products or services in one order, and purchased through a direct sales representative or online ecommerce. If a Friend and/or Family Member purchases from or registers with Fix Factory Canada using any other method, the registration will not count as a Qualified Referral and the Referrer will not earn Credit - the Referral Purchaser must provide the referral coupon code at the time of booking;
3. The Friend and/or Family Member had not previously made a purchase with Fix Factory Canada under any email address or alias;
4. The Friend and/or Family Member is a) a legal resident of Canada and b) at least 18 years old; and
5. Only one Qualified Referral can be earned for each individual Friend and/or Family Member, up to a maximum of twenty four (24) Friend and/or Family Members per calendar year, unless otherwise allowed by Fix Factory Canada. Any additional or subsequent purchases made by a Friend and/or Family Member will not be considered Qualified Referrals and thus not be entitled to the benefits of Qualified Referrals.

E. Earning Rewards

1. Referrer shall receive one (1) reward (each, a “Reward”) in the form and value determined by Fix Factory Canada for each verified Qualified Referral generated by Referrer. A maximum of twenty four (24) Rewards may be earned by Referrer per calendar year for Qualified Referrals. Any additional or subsequent referrals made by a Referrer will not be considered Qualified Referrals and thus not be entitled to the Reward, unless otherwise allowed by Fix Factory Canada.
2. Rewards may be redeemed in two forms and in Fix Factory Canada’s sole discretion, including, but not limited to in the form of an internal gift card or automatic account credit. Restrictions may apply. For example, if the Reward is in the form of a gift card, gift certificate or voucher, it may be subject to the issuer's terms and conditions and is not transferrable to cash.

F. Verified Qualified Referrals

Rewards are subject to verification. Fix Factory Canada may delay a Reward for the purposes of investigation or if fraud is suspected. We use a complex fraud detection system. Fix Factory Canada may also refuse to verify and process any transaction Fix Factory Canada deems, in its sole discretion, to be fraudulent, suspicious, in violation of these Terms and Conditions, or believes will impose potential liability on Fix Factory Canada, its subsidiaries, affiliates or any of their respective officers, directors, employees, representatives and agents. All of Fix Factory Canada's decisions are final and binding, including decisions as to whether a Qualified Referral, or Reward is verified.

G. Transfer and Value of Credit and Rewards

Rewards have no monetary value, and may not be redeemed for cash, but rather used as a discount on future purchases with Fix Factory Canada. Rewards are not transferable and may not be auctioned, traded, bartered, or sold. Upon termination of the referral program or any portion thereof for any reason, any unredeemed Rewards that have not yet been delivered to Referrer are forfeited.

Referrers may participate in the Program made available by Fix Factory Canada in order to refer their Friend and/or Family Members to Fix Factory Canada as potential new Fix Factory Canada customers. To do this, Referrers must necessarily submit personal information about themselves and their Friend and/or Family Members, such as name and e-mail address information, so that Fix Factory Canada can send communications to the Friend and/or Family Members on the Referrers’ behalf. The personal information will be collected, processed, and used in accordance with Fix Factory Canada’s Privacy Statement, which can be found at https://www.fixfactory.ca/legal/privacy-policy/. Referrers understand that, in addition to the initial communications to Friend and/or Family Members, Fix Factory Canada may also use the personal information to send to Friend and/or Family Members additional follow-up communications on behalf of the Referrers to encourage or remind the Friend and/or Family Members to complete a purchase. The personal information may also be used by Fix Factory Canada to contact Referrers with regards to their participation in the Program and to send to Referrers additional communications from Fix Factory Canada.

A. By Participating in the Program, Referrers Agree to:

1. Be bound by these Terms and Conditions, the decisions of Fix Factory Canada and its designees, and the Privacy Policy of Fix Factory Canada;
2. Defend, indemnify, release and hold harmless Fix Factory Canada, its parent companies, affiliates and subsidiaries, together with their respective employees, directors, officers, licensees, licensors, shareholders, attorneys and agents including, without limitation, their respective advertising and promotion entities and any person or entity associated with the production, operation or administration of the Program (collectively, the "Released Parties"), from any and all claims, actions, demands, damages, losses, liabilities, costs or expenses caused by, arising out of, in connection with, or related to Referrers’ participation in the Program (including, without limitation, any property loss, damage, personal injury or death caused to any person(s) and/or the awarding, receipt and/or use or misuse of the Program or any Reward); and

B. Fix Factory Canada Shall Not be Liable For:

1. Late, lost, delayed, stolen, misdirected, incomplete, unreadable, inaccurate, unreliable, garbled or unintelligible entries, communications or affidavits, regardless of the method of transmission;
2. Telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors;
3. Data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials;
4. Any printing, typographical, administrative, or technological errors in any websites or materials associated with the referral program; or
5. Claims, demands, and damages in disputes among Referrers or between Referrers and Friend and/or Family Members; or
6. Any other injuries, losses or damages of any kind resulting from acceptance, possession or use of a reward, or from participation in the Program, that were not reasonably foreseeable to FIX FACTORY CANADA at the relevant time.

C. Fix Factory Canada disclaims any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with the Program, and reserves the right, in its sole discretion, to cancel, modify or suspend the Program should a virus, bug, computer problem, unauthorized intervention or other cause beyond Fix Factory Canada’s control corrupt the administration, security or proper operation of the Program.

D. Fix Factory Canada shall not be liable to any Referrer for failure to supply any Reward or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasigovernmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, tornado, tsunami, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slowdown, civil disturbance, insurrection, riot, or any other similar or dissimilar cause beyond any of the released parties' control.

E. Fix Factory Canada reserves the right to cancel or suspend the Program should Fix Factory Canada determine, in its sole discretion, that the administration, security or fairness of the Program has been compromised in any way.

F. Disclaimer of Warranties

REFERRERS EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE PROGRAM IS AT YOUR SOLE RISK; THE PROGRAM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND FIX FACTORY CANADA EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS AND TERMS (COLLECTIVELY, "PROMISES") 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 NONINFRINGEMENT; (B) FIX FACTORY CANADA MAKES AND GIVES NO WARRANTY THAT (i) THE PROGRAM WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (ii) THE RESULTS OBTAINED FROM THE USE OF THE PROGRAM WILL BE ACCURATE OR RELIABLE, (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE PROGRAM WILL MEET YOUR EXPECTATIONS, AND (iv) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; 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.

G. Limitation of Liability and Indemnification

1. REFERRERS EXPRESSLY UNDERSTAND AND AGREE THAT FIX FACTORY CANADA (INCLUDING ANY VENDORS AND SERVICE PROVIDERS ASSOCIATED WITH OR ASSISTING IN PROVIDING THE PROGRAM) SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FIX FACTORY CANADA WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE PROGRAM; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE PROGRAM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR THROUGH THE PROGRAM; OR (v) ANY OTHER MATTER RELATING TO THE PROGRAM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
2. TO THE FULLEST EXTENT POSSIBLE BY LAW, FIX FACTORY CANADA'S (INCLUDING ANY VENDORS AND SERVICE PROVIDERS) MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), SHALL NOT EXCEED $100CAD.
3. REFERRERS SHOULD USE THE PROGRAM AT THEIR OWN RISK.

If a solution cannot be found to restore the integrity of the Program after the occurrence of Prohibited Conduct (as defined below), Fix Factory Canada reserves the right to cancel, change, or suspend the Program.

B. Prohibited Conduct, Generally

1. Referrers agree not to use the Program to:
2. Violate applicable law;
3. Infringe the intellectual property rights of Fix Factory Canada or any third parties;
4. Stalk, harass, or harm another individual;
5. Collect or store personal data about other Referrers;
6. Impersonate any person or otherwise misrepresent Referrer's identity;
7. Interfere with, disrupt or violate the Terms and Conditions or servers or networks connected to the Program; or disobey any requirements, procedures, policies, or regulations of such networks;
8. Interfere with another Referrer's use of the Program;
9. Attempt to gain unauthorized access to the Program, other accounts, computer systems, or networks connected to the Program;
10. Transmit any file that contains viruses, worms, trojan horses, or any other contaminating or destructive features;
11. Conduct any illegal activity or solicit the performance of any illegal activity or other activity that infringes the rights of others;
12. Resell, barter, trade, auction or otherwise generate income by providing access to the Program to others.

C. Bulk Distribution ("Spam")

1. If a Referrer provides a Personal Link to fixfactorycanada.ca/referrals to a Friend and/or Family Member by email, the email must be created and distributed in a personal manner that is appropriate and customary for communications with Friend and/or Family Members, colleagues and family members.
2. Bulk referrals, distribution to strangers, or any other promotion of a Program in a manner that would constitute or appear to constitute unsolicited commercial email or "spam" in Fix Factory Canada’s sole discretion is expressly prohibited and may be grounds for immediate termination of the Referrer's participation in the Program. Fix Factory Canada has a no-tolerance spam policy.
3. Fix Factory Canada has no obligation to monitor the content provided by Referrers; however, Fix Factory Canada may choose to do so and block any email messages, remove any such content, or prohibit any use of the Program.
4. While Fix Factory Canada is the actual sender of the referral email, each Referrer must nonetheless comply with applicable law. Referrers who do not comply with the law, including antispam laws, are obligated to indemnify Fix Factory Canada and all of the Released Parties against any liabilities, costs and expenses incurred as a result of such violation.

D. Fraudulent and Suspicious Behavior

1. Fix Factory Canada may prohibit a Referrer from participating in the Program or receiving a Credit or Reward, in Fix Factory Canada ‘s sole discretion, if Fix Factory Canada 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 playing practices of intending to annoy, abuse, threaten or harass any other Referrers or any representatives of Fix Factory Canada.
2. Use of any affiliate website, affiliate network properties, automated systems, script, or macro to participate is strictly prohibited and will result in disqualification.
3. Referrers may not enter with multiple or fake emails addresses or accounts, use fictitious identities, or use any system, bot or other device or artifice to participate in the Program or receive a Reward.
4. Fix Factory Canada reserves the right to disqualify any Referrer and/or cancel any Reward(s) if Fix Factory Canada finds a Referrer to be tampering with the entry process or the operation of the Program or violating these Terms and Conditions in any way.
5. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE PROGRAM. SHOULD SUCH AN ATTEMPT BE MADE, FIX FACTORY CANADA RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

VI. Suggestions and Submissions

A. Fix Factory Canada appreciates hearing from users and welcomes your comments regarding the Program. Please be advised, however, that Fix Factory Canada does not accept or consider creative ideas, suggestions, inventions, or materials ("Creative Ideas") other than those which we have specifically requested. While Fix Factory Canada values your feedback on the program, please be specific in your comments and do not submit Creative Ideas. If, despite this request, you send Fix Factory Canada Creative Ideas, Fix Factory Canada:

1. Shall own, exclusively, all now known or later discovered rights to the Creative Ideas;
2. Shall not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any Creative Ideas; and
3. Shall be entitled to unrestricted use of the Creative Ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.

Coupons are subject to their individual terms (most have the terms in an email or the system automatically enforces each coupons terms) ; some may double or increase points when used, some may be multiple usage, some may be both of these benefits. When you use a coupon emailed to you at checkout, or use any of the coupons attached to the checkout area, you're accepting the terms of service and coupons terms of service herein. If you have questions about any marketing or coupons, email [email protected] or issue a general support ticket.

These terms constitute the entire agreement between Referrers and Fix Factory Canada concerning Referrers' use of the Program. The failure of Fix Factory Canada to exercise or enforce any right or provision of these terms shall not constitute a waiver of such right or provision. If any provision of these terms is found by a court of competent jurisdiction to be invalid, Fix Factory Canada and Referrers nevertheless agree that the court should endeavor to give effect to the intentions reflected in the provision, and that the other provisions of these terms shall remain in full force and effect. The section titles in these terms are for convenience only and have no legal or contractual effect. A person who is not a party to these terms shall have no right to enforce or receive the benefit of any of these terms.

All Affiliate Technicians, Vendors and/or Affiliates are bound by our Terms of Service, Privacy Policy, Return/Refund Policy, LFG - Lowest-Priced Fix Guarantee, Lifetime Warranty + Guarantee, including our Coupon, Referral Program & Affiliate Terms and Data Protection and Confidentiality Policies. Failure to comply with these policies and overall applicable laws in Canada will result in immediate deactivation and possible legal action(s).

Fix Factory Canada’s online platform and the Program contain content that includes: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other content (collectively, "Content"). As between Referrer and Fix Factory Canada, all Content is the property of Fix Factory Canada or its licensors and is protected under copyright, trademark, and other laws. The compilation (meaning the collection, arrangement, and assembly) of all Content on Fix Factory Canada’s online platform or the Program is the exclusive property of Fix Factory Canada and is protected by copyright, trademark, and other laws.

B. License to You

Fix Factory Canada authorizes you, subject to these terms, to access and use Fix Factory Canada’s online platform, the Program, and the Content solely for your personal, non-commercial use. This license is revocable at any time without notice and with or without cause. Unauthorized use of the Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original Content on any copy you make of it.

C. Trademarks and Intellectual Property

The registered or unregistered logos, product and service names contained in Fix Factory Canada’s online platform or the Program are or may be trademarks of Fix Factory Canada or its licensors (the "Marks"). Without Fix Factory Canada’s prior written permission, and except as solely enabled by any link as provided by Fix Factory Canada you agree not to display or use in any manner the Marks.

D. User-Submitted Content

The registered or unregistered logos, product and service names contained in Fix Factory Canada’s online platform or the Program are or may be trademarks of Fix Factory Canada or its licensors (the "Marks"). Without Fix Factory Canada’s prior written permission, and except as solely enabled by any link as provided by Fix Factory Canada, you agree not to display or use in any manner the Marks.

A. Any and all disputes, claims and causes of action arising out of or related to the Program or any Reward or other prize awarded pursuant to the Program or to this agreement shall be resolved under Alberta law (without reference to its conflicts of laws principles).

B. Referrers and Fix Factory Canada agree to submit to the personal and exclusive arbitration of any disputes relating to the use of Fix Factory Canada’s online platform or the Program under the rules of the Canadian Arbitration Association. Any such arbitration, to the extent necessary, shall be conducted within Calgary in the province of Alberta. Referrers covenant not to sue or otherwise bring a claim against Fix Factory Canada in any other forum.

C. Referrers also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to Referrers' use of the Program or this agreement:

1. REFERRERS ARE GIVING UP THEIR RIGHT TO HAVE A TRIAL BY JURY; and
2. REFERRERS ARE GIVING UP THEIR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.