Last Updated: May 27th, 2021

These CanEx Delivery Referral Program Rules (“Program Rules”) govern your participation in the CanEx Delivery Referral Program. The Program Rules are in addition to any agreements between you and CanEx Delivery, including the CanEx Delivery Terms of Service, as applicable (collectively, the “CanEx Delivery Terms”). The CanEx Delivery Terms are incorporated by reference and shall apply to your participation in the CanEx Delivery Referral Program, including, if necessary, to resolve any disputes between you and CanEx Delivery related to or arising out of the Referral Program.

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PROGRAM OVERVIEW

The CanEx Delivery Referral Program (“Referral Program”) is offered by CanEx Delivery and its affiliates (together referred to as “CanEx Delivery”) and provides Users who are interested in referring their family and friends (“Referrers”) the opportunity to refer eligible individuals to join the CanEx Delivery community as new users. These Program Rules apply to both Referrers and referred Users (“Referred Users” 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 the United States; (b) be 21+ of age; and (c) maintain a CanEx Delivery account in good standing. Referrers may be Users (who have a valid CanEx Delivery account but not have completed at least one order) or Customers (who have placed and completed at least one order). If you violate the Program Rules, the CanEx Delivery Terms of Service, or any other applicable terms, CanEx Delivery may suspend or terminate your ability to participate in the Referral Program under any or all of your accounts.

CANEX DELIVERY PROMOTION UNIQUE IDENTIFIERS

Under the Referral Program, CanEx Delivery may provide you with a unique alphanumeric code (“CanEx Delivery Unique Identifier”) to distribute to eligible individuals to become new Users. CanEx Delivery may also provide you the ability to create additional CanEx Delivery Codes. CanEx Delivery owns all rights in and to any CanEx Delivery Code whether provided to you or created by you. You acknowledge and agree that: (a) CanEx Delivery may limit the number of CanEx Delivery Codes you may create or are made available to you, (b) you have no ownership rights in any form over the CanEx Delivery Codes, and (c) CanEx Delivery may reclaim, deactivate, invalidate or terminate your CanEx Delivery Code at any time at its discretion.

HOW TO REFER NEW USERS

  1. Invitations through the CanEx Delivery Platform.

You have the ability to ask those you know, or even those that follow you on social media to become new Users directly through the CanEx Delivery “wallet” by entering or providing CanEx Delivery with your invitee’s contact information (all information collected by CanEx Delivery under the Referral Program shall be governed by CanEx Delivery’s Privacy Policy). Prompting a person through the CanEx Delivery 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 CanEx Delivery. The Invitation may contain a promotional offer of CanEx Delivery credit to a new User. You represent that you have the necessary consent from your invitee to send them the Invitation (either directly or through the CanEx Delivery Platform). If your invitee follows the links in your Invitation and creates a CanEx Delivery account using the information provided, your CanEx Delivery Code will be automatically applied to the new User’s.

  1. Other Invitations.

You may also invite eligible individuals to become new Users by distributing your CanEx Delivery Code directly and telling them to manually input your CanEx Delivery Code into the CanEx Delivery website during checkout. If a user clicks your referral link, that code will be automatically applied and tracked. A User will not be able to apply your CanEx Delivery Code if (i) they’ve already applied another User’s CanEx Delivery Code or a different promotion code, (ii) they’ve already received CanEx Delivery credit from CanEx Delivery or another source on their User account prior to entry of your CanEx Delivery Code, or (iii) they placed an order on CanEx Delivery prior to entering your CanEx Delivery Code in their Account. If a User does not enter your CanEx Delivery Code you will not receive attribution for the referral and they will not be considered your Referred User. CanEx Delivery reserves the right to supply new Users with CanEx Delivery credit or sign-on bonuses at its discretion.

REFERRAL REWARDS

  1. General.

You are eligible to earn a referral incentive (“Referral Reward”) for each Referred User that you refer to the CanEx Delivery Platform (subject to certain maximum limits and the other terms in these Program Rules). Referral Rewards can only be earned for Referrals in the United States of America. As discussed above, in order to qualify as your Referred User, the new User must satisfy the applicable reward criteria (“Reward Criteria”) as communicated to the Referred User by CanEx Delivery. The Reward Criteria are set by CanEx Delivery at its sole discretion and are subject to change at any time. The Reward Criteria may vary by market or within a particular market. CanEx Delivery, 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 CanEx Delivery.

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 CanEx Delivery User account you used to refer the new user, (ii) the CanEx Delivery region associated with your CanEx Delivery account (which may be the last location you have logged into the CanEx Delivery application), (iii) the CanEx Delivery region associated with the Referred User when they apply your CanEx Delivery Code, (iv) the CanEx Delivery region where the Referred User gave or placed their first order; or (v) other factors as determined and communicated by CanEx Delivery.

Both the Referrers and the Referred Users may be presented on the CanEx Delivery website 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 CanEx Delivery 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. CanEx Delivery 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.

  1. Resolving Disputes over Referrals.

Only one person can earn a Referral Reward for a single Referred User. In the event that multiple persons claim credit for a particular referral, CanEx Delivery has full discretion to determine which person earned such referral according to CanEx Delivery’s systems.

  1. Reservation of rights.

CanEx Delivery reserves the right to withhold or deduct Referral Rewards or Referral Credit obtained through the Referral Program in the event that CanEx Delivery 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 CanEx Delivery.

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:

  1. Don’t Spam. You agree that you will not “spam” anyone with invitations to join the CanEx Delivery 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:
  2. Blanket, large scale emailing, texting, or messaging people you do not personally know;
  3. Use of automated systems or bots through any channel to distribute, post, or respond to your Referral Code;

iii. Use of scripts, programed or automatic dialers to send invites or to communicate Referral Codes; and

  1. Posting Unique Codes on event or venue pages without express permission from the event or venue owner.
  2. 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:
  3. Impersonate any person or entity;
  4. Create fake accounts, blogs, webpages, profiles, websites, links, or messages;

iii. Misrepresent your relationship with CanEx Delivery 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 CanEx Delivery.);

  1. Suggest that an affiliation or partnership exists with a third party where none exists.
  2. Don’t make misrepresentations with respect to the characteristics or qualification requirements for any Referral Rewards. You acknowledge that CanEx Delivery may change the characteristics or qualification requirements for Referral Rewards at its discretion, and therefore you shall not represent any fixed characteristics (e.g., amount of CanEx Delivery credit, expiration date).
  3. Prohibited content. You agree that you will not use the CanEx Delivery brand without CanEx Delivery’s explicit written permission in connection with:
  4. Disparaging or defamatory content concerning CanEx Delivery or third parties;
  5. Content which promotes racism, bigotry, hatred, discrimination, or physical harm of any kind against any group or individual;

iii. Offensive, abusive, intimidating, or harassing content

  1. Content that is sexually explicit, obscene, and/or contains nudity
  2. Any political and/or religious statement;
  3. Content containing images or reference to weapons or firearms

vii. Content that violates someone else’s privacy

  1. Other restrictions. You also agree that you will not:
  2. Talk about a dollar amount of the Referral Code unless authorized by CanEx Delivery in writing;
  3. Create websites, domains, URLs, social media handles, or email addresses containing the word “CanEx Delivery”;

iii. Use the names or marks of CanEx Delivery competitors;

  1. Use images of celebrities or other public or private figures without their written consent;
  2. Use someone else’s brand name or intellectual property without their written consent (for example, referencing “Coca Cola” or “NCAA Tournament” would be prohibited);
  3. Engage in phishing or attempting to obtain financial or other personal information;

vii. Sell passwords or personally identifiable information;

viii. Solicit your Referral Code. You agree that you will only distribute your CanEx Delivery Code free of charge only for promotional purposes. You may not sell, trade, or barter your CanEx Delivery 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 CanEx Delivery;

  1. Breach or tamper with the rights of a third party. You will not create any CanEx Delivery Code that infringes on the intellectual property rights of any third party. You will adhere to the license terms in any use of the CanEx Delivery Marks.
  2. Advertise. You agree that you will not pay to advertise your CanEx Delivery Code or the Referral Program, including via Google, Facebook, Twitter, Bing, and Craigslist.
  3. Create printed marketing materials other than those authorized by CanEx Delivery (including but not limited to: VistaPrint)

xii. Post printed materials on public or private property without express written consent.

xiii. Deal in fraudulent activity. You agree that you and your Referred Users will not defraud or abuse (or attempt to defraud or abuse) CanEx Delivery, the terms of the Referral Program, or any invited Users.

If you violate any of these restrictions CanEx Delivery 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.

  1. Users cannot earn Referral Rewards for referring themselves;
  2. In exchange for allowing you to promote your CanEx Delivery Code online (subject to the restrictions above), you agree to include a link on any such promotion page back to CanEx Delivery’s promotion page (or such other page as CanEx Delivery designates);
  3. All CanEx Delivery promotions run for a limited time only and are subject to change at CanEx Delivery’s discretion.
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