Aio Wireless Refer-A-Friend Program Terms and Conditions

Effective: 04/12/2014

IMPORTANT: Please read the following Aio Wireless Refer-A-Friend Program ("Program") Terms & Conditions ("Terms and Conditions") before participating in the Program. It is your responsibility to carefully read and to understand these Terms and Conditions. If you do not wish to participate in the Program, do not click the "I Accept" button on the Program Website and do not click "Submit." These Program Terms and Conditions may be updated at any time, and changes become binding once posted to the Program Website.

I. General

These Terms and Conditions govern your participation in the Program and constitute an agreement ("Agreement") between you and Aio Wireless LLC ("Aio" or "Aio Wireless"). By clicking the "I Accept" button on the Program website, subsequently referring a friend, purchasing new Aio wireless service, or otherwise participating in the Program, you agree to be bound by these Program Terms and Conditions, as well as Aio's Wireless Terms and Conditions of Service, Aio's Website Terms of Use and Aio's Privacy Policy, all found at www.aiowireless.com.

II. Program Overview

This online-only Program is designed to reward existing Aio customers who refer new customers to Aio, and to reward new Aio customers referred to Aio by an existing Aio customer. The Program is accessible through the Program Website located at: http://www.aiowireless.com/referrals ("Program Website").

III. Eligibility Requirements

  1. To receive Program benefits you must participate in the Program and meet all eligibility requirements set forth herein ("Eligibility Requirements").
  2. Only Referrers and Referees (as defined below) meeting all of the Eligibility Requirements may participate in the Program.
  3. You must be of legal age in your respective state of residence to participate in the Program.
  4. You must have Internet access and a valid personal email address to participate in the Program. Aio is not responsible for your inability to connect to the Internet or to log into the Program Website.
  5. We must be able to communicate with you using email for you to participate in the Program. You will not be allowed to participate in the Program if you unsubscribe or otherwise opt out of receiving promotional and marketing email from Aio or we are otherwise unable to communicate with you by email.
  6. Employees of Aio, its affiliated and parent companies, and its agents, dealers, distributors and vendors are not eligible to participate in the Program.
  7. Referrer and Referee cannot be on the same multi-line account.  Each person must have a separate account.  If Referrer and Referee have combined accounts, the Referral Rewards are forfeited.
  8. The person making the referral is called the "“Referrer".”.  To participate in the Program as a Referrer the Referrer must:
    1. be an active Aio wireless customer in good standing on a qualifying rate plan (you will not be able to make a referral if your account is suspended or cancelled);
    2. visit the Program Website;
    3. enter your full name, a valid personal email address and your Aio Wireless telephone number;
    4. enter the full name and a valid personal email address of the Referee;
    5. click the "I Accept" button accepting these Program Terms and Conditions;
    6. click the "Submit" button;
    7. refer a Referee who meets all of the Eligibility Requirements of the Program and who remains an Aio wireless service customer in good standing on a qualifying Rate Plan for sixty (60) consecutive days after redeeming the Referral Code;
    8. remain an Aio wireless service customer in good standing on a qualifying Rate Plan for the same sixty (60) consecutive days period as your Referee after your Referee has redeemed the Referral Code; and,
    9. have an active Aio wireless account (that is not combined in any way with Referee’s account) at the time the Referral Rewards are delivered to your account.  Referral Rewards will not be delivered to an account that has been cancelled and any such Referral Rewards are forfeited
  9. The "Referee" is the person who has been referred by a Referrer to the Program. To participate in the Program as a Referee a Referee must:
    1. be a new Aio customer (one who has not previously had wireless service with Aio);
    2. receive an official Program referral email with the Referral Code;
    3. activate a qualifying Aio Rate Plan on a new line of wireless service that is not on the same account as the Referrer within thirty (30) days of receiving the Referral Code;
    4. visit the Program Website to redeem the Referral Code by entering the Referral Code, your email address (which must be the same email address by which you were referred to the Program) and Aio wireless telephone number within thirty (30) days of receiving the Referral Code;
    5. click the "I Accept" button thereby accepting these Program Terms and Conditions;
    6. click the "Submit" button;
    7. remain an Aio wireless service customer in good standing on a qualifying Rate Plan for sixty (60) consecutive days after redeeming the Referral Code; and,
    8. have an active Aio wireless account at the time the Referral Rewards are delivered to your account. Referral Rewards will not be delivered to an account that has been cancelled and any such Referral Rewards are forfeited.
  10. The Program uses Referral Codes. You must have a valid Referral Code to participate in the Program. A Referral Code is sent to each Referee after the Referrer has entered the Referee's name and email address on the Program Website and submitted the required information, and Aio has validated Referrer eligibility. Each Referral Code is randomly generated, unique, and is linked to the Referee's email address. After it is sent, a Referral Code may be redeemed within thirty (30) days. Referral Codes expire at the end of thirty (30) days. Once a Referral Code expires, it may not be redeemed and may not be used in the Program. Once a Referral Code is redeemed it may not be re-used in the Program. Aio reserves the right, in its sole discretion, to reject any Referral Code used in this Program for any reason.
  11. You may not participate in the Program and may not submit referrals, redeem a Referral Code or receive Referral Rewards if your Aio account is cancelled.
  12. We may, at our sole discretion and at any time, prohibit you from participating in the Program (including receiving Referral Rewards) if your account is suspended for any reason - including non-payment.
  13. You cannot refer yourself.
  14. You cannot refer another Aio wireless customer to join your multi-line account and receive Referral Rewards.
  15. Rate Plan migrations, Rate Plan renewals, Rate Plan upgrades, and other account status changes do not constitute new customer activations and are not eligible for participation in the Program.
  16. You cannot refer a customer who has previously activated Aio wireless service.
  17. You cannot refer an existing Aio wireless customer.
  18. Only one referral may be made to a specific email address in any thirty (30) day period and multiple referrals (from one or more Referrers) may not be made to the same email address during any thirty (30) day period.
  19. You must use the Program Website to make referrals. Referrals made by any other means (such as through customer care or at a retail location) are not eligible to participate in the Program.

IV. Referral Rewards

  1. A Referee who has met all of the Eligibility Requirements and who remains an Aio wireless service customer in good standing on a qualifying Rate Plan for sixty (60) consecutive days after redeeming the Referral Code is eligible to receive a $25 Referral Reward service credit.
  2. Only one $25 Referral Reward will be credited to an Eligible Referee's account regardless of the number of new lines activated by the Referee.
  3. Subject to the Referral Reward Cap set forth below, a Referrer who has met all of the Eligibility Requirements and who remains an Aio wireless service customer in good standing on a qualifying Rate Plan during the same sixty (60) consecutive day period as the Referee is eligible to receive a $25 Referral Reward account credit. Referrer will not receive a Referral Reward if the Referee fails to meet any of the Eligibility Requirements, including, but not limited to the requirement that the Referee remain an Aio wireless service customer in good standing on a qualifying Rate Plan for sixty (60) consecutive days after redeeming the Referral Code.
  4. Only one $25 Referral Reward will be credited to an Eligible Referrer's account for each Eligible Referee referred to the Program regardless of the number of new lines activated by the Referee.
  5. Referral Rewards are typically delivered to customer accounts within five (5) business days of the date the Referrer and/or Referee become eligible to receive the Referral Reward.
  6. You will not receive a Referral Reward, and will forfeit any Referral Reward that you are eligible to receive, if, at any time prior to the delivery of the service credit, your account is cancelled.
  7. Referral Rewards are provided in the form of wireless service credits delivered into a customer's My Aio account. Wireless service credits can only be used to purchase wireless service plans and service features, as defined by Aio. Wireless service credits are not transferrable and cannot be used to purchase phones, tablets or accessories. Wireless service credits cannot be used to pay for or offset fees charged to your Aio account, including but not limited to activation fees, late payment fees, and reinstatement fees. Service credits cannot be redeemed for cash or any cash equivalent. Service credits do not expire as long as your account remains active and is not cancelled. Service credits are non-refundable, which means that if your account is cancelled the service credits will not be refunded and are forfeited.
  8. We may, at our sole discretion, limit the number of referrals that may be made by a Referrer at any time.
  9. We impose a limit on the number of referrals that earn Referral Rewards credited to a Referrer's account in any one-year period of time ("Referral Rewards Cap"). The one-year period of time begins on the date Referrer activates wireless service with Aio and is renewed on each subsequent annual service anniversary ("Referral Rewards Year"). The Referral Rewards Cap is ten (10) referrals, for a maximum of $250.00 in service credits received during any Referral Rewards Year. This means that once you make ten (10) referrals and have received Referral Rewards credited to your account for those ten (10) referrals during any Referral Rewards Year, you will not receive any Referral Rewards for any additional referrals that would be credited to your account in the same Referral Rewards Year. Referrals made in one Referral Rewards Year that earn a Referral Reward the next Referral Rewards Year count toward the Referral Reward Cap in the Referral Rewards Year that the Referral Reward is credited to the Referrer's account.
  10. You are responsible for any and all tax liability arising out of your accrual or redemption of Referral Rewards; conversely, Aio Wireless is not responsible for any and all tax liability arising out of your accrual or redemption of Referral Rewards.
  11. Aio may, in its sole discretion, introduce promotional offers ("Promotion") that enable participants to earn additional rewards for the completion of actions specified by Aio. Aio is not responsible for changes to, or the discontinuance of, any Promotion or for any effect on the accrual of rewards caused by changes or discontinuance to any Promotion.
  12. Aio reserves the right to reject any Referral, Referral Code, attempt to redeem any Referral Code, or Referral Award delivery if we suspect, in our sole discretion, that, among other things, any Program participant a) does not meet the Eligibility Requirements; b) has engaged in fraudulent conduct; c) has misused the Program Website or its contents for any purpose that is unlawful or that violates Aio's Website Terms of Use; d) has failed to comply with these Program Terms and Conditions; or e) has violated any law.

V. Communication By Email

The Program uses email to communicate with you. By accepting the Program Terms and Conditions you expressly authorize us to communicate with you using email. If you no longer wish to receive marketing email communications from Aio, including email about this Program, you may unsubscribe at any time by clicking the unsubscribe link in any Program email and following the instructions provided. You may also opt out of receiving marketing email by visiting Aio's Privacy Policy, clicking the unsubscribe link and following the instructions provided. You are required to have a valid personal email address to participate in the Program. You will not be able to participate in the Program if you unsubscribe from receiving promotional and marketing email or we are otherwise unable to communicate with you by email.

VI. Data

Any personal information (for example name, telephone number, or email address) that you transmit through the Program Website will be governed by Aio's Privacy Policy which is incorporated herein by reference. We encourage you to read it. By participating in this Referral Program, you authorize Aio Wireless to share personal information about you, including your name, telephone number and email address with our Program suppliers.

VII. Limitation of Warranty

  1. THE PROGRAM IS BEING PROVIDED "AS IS" WITH NO EXPRESS OR IMPLIED WARRANTY OR CONDITION. TO THE MAXIMUM EXTENT PERMITTED BY LAW, AIO EXCLUDES ALL CONDITIONS, REPRESENTATIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED INTO OR INCORPORATED INTO THIS AGREEMENT, WHETHER BY STATUTE, COMMON LAW OR OTHERWISE, WITH RESPECT TO THE PROGRAM, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND TERMS AS TO MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR ANY PARTICULAR PURPOSE AND IMPLIED WARRANTIES AND TERMS ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
  2. YOU ACKNOWLEDGE THAT YOU HAVE NOT RELIED UPON ANY REPRESENTATION, WARRANTY OR OTHER ASSURANCE GIVEN OR MADE BY OR ON BEHALF OF AIO PRIOR TO THIS AGREEMENT AND YOU WAIVE ALL REMEDIES WHICH, BUT FOR THIS SECTION VII, MIGHT OTHERWISE BE AVAILABLE TO YOU IN RESPECT OF SUCH REPRESENTATION, WARRANTY OR OTHER ASSURANCE.
  3. AIO DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE QUALITY OF, OR ACCURACY OF ADVERTISEMENTS FOR, ANY MERCHANDISE, PRODUCTS, OR SERVICES OFFERED OR PROVIDED BY OFFER PARTNERS OR SUPPLIERS IN CONJUNCTION WITH THE PROGRAM. IN ADDITION, ALTHOUGH AIO INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE PROGRAM WEB SITE, AIO DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS THAT THIS SITE IS FREE OF DESTRUCTIVE MATERIALS. IN ADDITION, AIO DOES NOT WARRANT THAT ACCESS TO THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND AIO ASSUMES NO RESPONSIBILITY FOR ANY LOSS OR DAMAGE CAUSED BY YOUR ACCESS, OR INABILITY TO ACCESS, THIS SITE.

VIII. Limitations of Liability

AIO SHALL NOT BE LIABLE FOR ANY DAMAGES, CLAIMS OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING ANY DAMAGES FOR LOSS OF INCOME OR PROFITS)), HOWEVER CAUSED AND WHETHER ARISING BY STATUTE, COMMON LAW OR OTHERWISE IN CONNECTION WITH: (I) THE PROGRAM; (II) ANY FAILURE, DELAY, OR DECISION BY AIO IN ADMINISTERING THE PROGRAM; (III) THE USE OR INABILITY TO USE THIS WEBSITE; OR (IV) THE PURCHASE OR USE OF ANY MERCHANDISE, PRODUCTS, OR SERVICES OF OFFER PARTNERS OR SUPPLIERS, EVEN IF AIO, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

IX. Fraud

Participation in the Program is subject to the Program Terms and Conditions. Any failure to comply with the Program Terms and Conditions, any fraud or abuse relating to any Referral, Referral Code, attempt to redeem any Referral Code, or Referral Award delivery, or any misrepresentation of any information furnished to Aio or its affiliates by you, or anyone acting on your behalf, may result in the termination of your participation the Program, cancellation of Program benefits and/or forfeiture of any Referral Reward. In the event of fraud, misconduct, or suspected fraud or misconduct by you or anyone acting on your behalf, Aio reserves the right to cancel your account.

X. Termination or Changes to the Program

  1. Aio reserves the right to terminate the Program at any time without notice. If Aio chooses, a notification of Program termination may be sent to the email address provided to Aio during the referral process. We may also publicize the Program termination on the Program Website. Aio will not be responsible for failing to notify you of Program termination where such failure is caused by an error in your email program, an inaccurate email address, your failure to check for your email, your failure to visit the Program website, or your failure to update email settings to enable email from Aio.

  2. Aio may modify the Program and/or these Program Terms and Conditions from time to time in its sole discretion, with or without notice, and your continued participation in the Program after such modification shall be deemed to be your acceptance of any such modification. It is your responsibility to check the Program Terms and Conditions on the Program Website regularly to determine whether the Program or these Program Terms and Conditions have been modified. If you do not agree to any modification of this Agreement, you must immediately stop participating in the Program and advise Aio that you are no longer participating.

XI. Disputes/Errors

DISPUTE RESOLUTION BY BINDING ARBITRATION

PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS .

Most customer concerns can be resolved quickly and to the customer's satisfaction by calling our customer service department at 1-855-246-2461. In the unlikely event that Aio's customer service department is unable to resolve a complaint you may have to your satisfaction (or if Aio has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. For any non-frivolous claim that does not exceed $75,000, Aio will pay all costs of the arbitration. Moreover, in arbitration you are entitled to recover attorneys' fees from Aio to at least the same extent as you would be in court. In addition, under certain circumstances (as explained below), Aio will pay you more than the amount of the arbitrator's award and will pay your attorney (if any) twice his or her reasonable attorneys' fees if the arbitrator awards you an amount that is greater than what Aio has offered you to settle the dispute.

Arbitration Agreement:

  1. Aio and you agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to: claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before this or any prior Agreement (including, but not limited to, claims relating to advertising); claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and claims that may arise after the termination of this Agreement.

    References to "Aio," "you," and "us" include our respective subsidiaries, affiliates, agents, dealers, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of Services or Devices under this or prior Agreements between us. Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, including, for example, the Federal Communications Commission. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Agreement, you and Aio are each waiving the right to a trial by jury or to participate in a class action . This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement.

  2. A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to Aio should be addressed to: Office for Dispute Resolution, Aio Wireless, 1025 Lenox Park Blvd., Atlanta, GA 30319 ("Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If Aio and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Aio may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Aio or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Aio is entitled. You may download or copy a form Notice and a form to initiate arbitration at www.aiowireless.com/arbitration-forms.

  3. After Aio receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than $75,000. (The filing fee currently is $200 but is subject to change by the arbitration provider. If you are unable to pay this fee, Aio will pay it directly upon receiving a written request at the Notice Address.) The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. (You may obtain information that is designed for non-lawyers about the arbitration process at www.aiowireless.com/arbitration-information. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision are for the court to decide. Unless Aio and you agree otherwise, any arbitration hearings will take place in the county (or parish) of the address associated with your billing address. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Except as otherwise provided for herein, Aio will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse Aio for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. In addition, if you initiate an arbitration in which you seek more than $75,000 in damages, the payment of these fees will be governed by the AAA rules.

  4. If, after finding in your favor in any respect on the merits of your claim, the arbitrator issues you an award that is greater than the value of Aio's last written settlement offer made before an arbitrator was selected, then Aio will pay you the amount of the award or $10,000 ("the alternative payment"), whichever is greater; and pay your attorney, if any, twice the amount of attorneys' fees, and reimburse any expenses (including expert witness fees and costs) that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration ("the attorney premium"). If Aio did not make a written offer to settle the dispute before an arbitrator was selected, you and your attorney will be entitled to receive the alternative payment and the attorney premium, respectively, if the arbitrator awards you any relief on the merits. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the alternative payment and the attorney premium at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.

  5. The right to attorneys' fees and expenses discussed in paragraph (4) supplements any right to attorneys' fees and expenses you may have under applicable law. Thus, if you would be entitled to a larger amount under the applicable law, this provision does not preclude the arbitrator from awarding you that amount. However, you may not recover duplicative awards of attorneys' fees or costs. Although under some laws Aio may have a right to an award of attorneys' fees and expenses if it prevails in an arbitration, Aio agrees that it will not seek such an award.

  6. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND AIO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING . Further, unless both you and Aio agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

  7. Notwithstanding any provision in this Agreement to the contrary, we agree that if Aio makes any future change to this arbitration provision (other than a change to the Notice Address) during your Service Commitment, you may reject any such change by sending us written notice within 30 days of the change to the Arbitration Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.

XII. Miscellaneous

This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without reference to conflicts of law rules. If any provision of this Agreement is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the other provisions contained herein will remain in full force and effect. The failure by Aio to insist upon or enforce strict performance of any provision of the Agreement shall not be construed as a waiver of any provision or right. This Agreement constitutes the entire agreement between you and Aio with respect to the Program.

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