Wonolo Referral Program Rules

Effective Date: August 16, 2021

The following terms and conditions (the “Referral Rules”) govern your participation in the Wonolo Inc. (“Wonolo”)’s Referral Programs (as defined below). The Referral Rules apply to Referral Programs that are administered solely by Wonolo. By participating in any Referral Programs (either by referring your friends, family, or businesses, or signing up for the Wonolo Service with a referral code), you agree to be bound by these Referral Rules, Wonolo’s Standard Terms and Conditions for Incentives, along with any other specific terms that relate to the Referral Programs. The Referral Rules are in addition to any agreements between you and Wonolo (if one exists), as applicable, including the Wonolo Independent Contractor Services Agreement or the Wonolo Customer Agreement (collectively, the “Wonolo Terms”). The Wonolo Terms are incorporated by reference and shall apply to your participation in the Referral Programs, including, if necessary, to resolve any disputes between you and Wonolo related to or arising out of the Referral Programs. Any capitalized terms not defined herein shall have the meaning set forth in the applicable Wonolo Terms.

1. Program Overview

Wonolo provides a technology platform that helps connect businesses to individuals seeking short-term opportunities (the “Wonolo Platform”). The Wonolo Referral Programs (“Referral Programs”) are offered by Wonolo and provide users of the Wonolo service (e.g., a current Wonoloer or an individual representing a current Wonolo Customer) (“User,” “You,” or “Your”) who are interested in referring individuals or other businesses (“Referrers”) to join the Wonolo Platform as new Wonoloers or new Wonolo Customers (“Referred Users”, “Referree”, or “Referred Wonoloer” and “Referred Customer”, respectively). These Referral Rules apply to both Referrers and Referred Users, so please read carefully to understand your respective rights and obligations.

2. Referrer Eligibility

To be eligible to participate in the Referral Programs as a Referrer, you must (a) be a legal resident of the United States, (b) be at least 18 years old, (c) be legally able to participate in the Referral Programs, and (d) maintain a Wonolo account in good standing (e.g. if you are referring on behalf of a current Wonolo Customer, the Customer must not be delinquent or overdue on any fees owed to Wonolo; if you are referring as a Wonoloer, you must have an active Wonolo account). For eligibility purposes, an active Wonolo account shall mean an account that is not deactivated.

Further, if you are referring on behalf of a current Wonolo Customer, you must not be an employee of Wonolo or its subsidiaries, affiliates, or promotional agencies, including immediate family and household members.

If you violate the Referral Rules, the Wonolo Terms or any other applicable terms (such as having more than one Wonolo account), Wonolo may suspend or terminate, in its sole discretion, your ability to participate in any Referral Programs (now or in the future) under your account. Wonolo maintains sole discretion to determine and change the eligibility to any Referral Programs.

3. Referred User Eligibility

Your friends, family, and other people and businesses you know (but not yourself) may be eligible to be Referrees. To be a Referree, the individual or business must (a) be a new user / customer to the Wonolo Platform (i.e., has never created a Wonolo account or been contacted by Wonolo’s sales team), (b) has not been previously referred, (c) has used a Wonolo Code when they sign up for Wonolo, and (d) meet the conditions Wonolo has for using the app.

Note, each Referee can be referred only once, so if someone else has referred them and they have accepted that invitation they will not be able to accept yours. If you are providing Wonolo with the contact information for your Referees, you represent that you have the right to provide that information. Wonolo maintains sole discretion to determine and change the eligibility to any Referral Programs.

4. Your Wonolo Referral Code

Under any Referral Programs, Wonolo may provide you with a unique alphanumeric code (“Wonolo Code”) to distribute to eligible individuals or businesses to become new Wonolors or Customers. Wonolo may also provide you the ability to create additional Wonolo Codes. Wonolo owns all rights in and to any Wonolo Code whether provided to you or created by you. You acknowledge and agree that: (a) Wonolo may limit the number of Wonolo Codes you may create or are made available to you based on the referral program in which you participate, (b) you have no ownership rights in any form over the Wonolo Code, (c) Wonolo may reclaim, deactivate, invalidate or terminate your Wonolo Code at any time at its sole discretion, and (d) you will use your Wonolo Code in connections to the Referral Programs only for personal and non-commercial purposes. To see if your code has a limit, refer to the terms of the specific referral program in which you are participating.

5. How to Refer New Users to the Wonolo Platform

a. Invitations through the Wonolo Platform.

You may invite individuals and businesses to become new users of the Wonolo service directly through the Wonolo Platform by entering or providing Wonolo with your Referree’s contact information (all information collected by Wonolo under the Referral Programs shall be governed by Wonolo’s Privacy Policy). Inviting an individual or a business through the Wonolo Platform may generate an automatic invitation text (SMS) or email to the person and business which may be sent through your phone number or email or an email controlled by Wonolo. You represent that you have the necessary consent from your Referees to send them the Invitation (either directly or through the Wonolo Platform).

b. Other Invitations.

You may invite individuals and businesses to become new users of the Wonolo service by distributing your Wonolo Code directly and instructing them to manually input your Wonolo Code into the Wonolo Platform. An individual or business will not be able to apply your Wonolo Code if (i) they’ve already applied another User’s Wonolo Code or a different promotion code, or (ii) they’ve already received Wonolo credit from Wonolo or another source on their Wonolo account prior to entry of your Wonolo Code. If a Referree does not enter your Wonolo Code you will not receive attribution for the referral and they will not be considered your Referred Users.

6. Referral Reward

a. General.

Referrers are eligible to earn a referral incentive (“Referral Reward”) for each Referred Wonoloer and Referred Customer that they refer to the Wonolo Platform subject to the terms and conditions set forth in these Referral Rules and the specific Referral Program (“Reward Criteria”). Referrees are eligible to earn a Referral Reward for signing up on the Wonolo Platform subject to the terms and conditions set forth in these Referral Rules and the specific Reward Criteria.

Reward Criteria may require that certain eligibility, criteria and/or conditions be met for the Referral Reward to be earned. Reward Criteria may include entry instructions and any other specific details, rules or conditions relating to a particular Referral Reward, and may be published on the Wonolo Platform, Wonolo’s website, social media platforms, advertising materials, or in any other media that features the Referral Reward. In the event of any conflict or inconsistency between these Referral Rules and the Reward Criteria, the Reward Criteria shall prevail. The Reward Criteria are set by Wonolo in its sole discretion and are subject to change at any time. The Reward Criteria may vary by time, conditions, and/or market (or within a particular market). The type of Referral Reward you are eligible to receive may depend on (i) the Wonolo region associated with the Referred User when they apply the Referrer’s Wonolo Code, (ii) the Wonolo region where the Referred User posted or performed their first approved job; or (iii) other factors as determined and communicated by Wonolo. Wonolo, 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 Wonolo.

In the Wonolo Platform or Wonolo websites (e.g. https://go.wonolo.com/referrals), both the Referrers and the Referrees may be presented with estimated amounts of the Referral Reward they may receive if all the Reward 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 posted or performed their first job or downloaded the Wonolo Platform, 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. Wonolo will make a good faith calculation of such amounts based on the location of the Referrer and the Referrees. The Referrer and the Referree will see the final applicable amount of their respective Referral Reward at the time when such Referral Reward is applied to their Wonolo accounts and/or paid out.

b. Earning Referral Reward for Referrals between Wonoloers.

In order to be eligible for a Referral Reward as a Referrer of a Wonoloer, your Referree must meet the eligibility criteria set forth in Section 3 in addition to the specific Referral Reward terms and conditions set forth by the applicable Reward Criteria.

In order to be eligible for a Referral Reward as a Referred Wonoloer, you must meet the eligibility criteria set forth in Section 3 in addition to the specific Referral Reward terms and conditions set forth by the applicable Reward Criteria.

The Referral Reward for both the Referrer and Referred Wonoloer will be deposited to their payment destination as they provided to Wonolo.

Wonolo has sole discretion to determine whether the above conditions have been met.

c. Earning Referral Reward for Referred Wonolo Customers.

When you refer a new Wonolo Customer to the Wonolo Platform using your Wonolo Code, you may receive a Referral Reward in the form of gift cards if the business completes the signup process with Wonolo as well as spends the minimum amount of Service Fees on the Wonolo Platform within the required period of time after becoming a Wonolo Customer, subject to the terms and conditions set forth in these Referral Rules and the applicable Reward Criteria. Service Fees refer to the mark-up the Customer pays to Wonolo, excluding any amounts that are paid to the Wonoloers. After a Referred Customer has satisfied the conditions for the Referral Program(s), the Referrer will receive a notification email from Wonolo regarding same. Your receipt of the actual gift card is conditioned upon Wonolo’s receipt of your information, necessary for the receipt of the gift card. The gift card will be sent out generally within sixty (60) days after Wonolo’s receipt of your verification and confirmation. Wonolo cannot guarantee that a Referred Customer will meet the minimum amount of Service Fees spending required by the Reward Criteria as a business’ usage of the Wonolo Platform is entirely within their control.

If you are a Referred Customer, you may receive Wonolo credit (“Referral Credit”) if you complete Wonolo’s signup process using a Referrer’s Wonolo Code, subject to the terms and conditions set forth in these Referral Rules and the applicable Reward Criteria. Referral Credit is only valid for use on the Wonolo Platform for qualified Wonolo products and services, which can change at any time based on Wonolo’s sole discretion. The Referral Credit may noy be traded, has no monetary value, and is not transferable or redeemable for cash. The Referral Credit is subject to verification and will generally be awarded within 60 days of verification. Upon termination of the Referral Programs, the Referral Credits have a six (6) month expiration date for use before they are forfeited. If a Referred Customer’s account is cancelled, suspended, or closed for any reason, unredeemed Referral Credits are forfeited immediately.

Wonolo has sole discretion to determine whether the above conditions have been met.

d. Resolving Disputes over Referrals.

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

As a condition of participating in the Referral Programs, you agree that any and all disputes which cannot be resolved between the parties arising out of a Referral Program, shall be resolved individually, without resort to any form of class action, exclusively before a court located in California having jurisdiction. Further, in any such dispute, under no circumstances will you be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental, or consequential damages, including reasonable attorneys’ fees, and you further waive all rights to have damages multiplied or increased. This provision does not supersede, modify, limit, or otherwise abrogate any agreement you may have to arbitrate disputes with Wonolo as set forth in the Wonolo Terms or otherwise.

e. Reservation of rights.

Wonolo reserves the right to withhold or deduct Referral Reward or Referral Credit obtained through the Referral Programs in the event that Wonolo determines or believes that the receipt of the Referral Reward or Referral Credit was in error, fraudulent, illegal, or in violation of these Referral Rules or any other applicable agreement between you and Wonolo.

7. Restrictions

In connection with your participation in the Referral Programs, you expressly agree to the restrictions listed below. When distributing, promoting or communicating your Wonolo Code(s) you agree that:

  • No spamming. You agree that you will not “spam” anyone with invitations to join the Wonolo community, and that you at all times will remain compliant with CAN-SPAM, the Telephone Consumer Protection Act, and other applicable laws. You agree to not get Referrees by spamming, bulk emailing, or sending large numbers of unsolicited emails. The only people you should be emailing are people you know personally.
  • 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. You agree not to make misleading statements about Wonolo, misrepresent your connection to Wonolo, or otherwise make any false or misleading statements to get a Referree to use your Wonolo Code.
  • Prohibited content. You agree that you will not use the Wonolo brand without Wonolo’s explicit written permission in connection with offensive, abusive, or harassing content, any political and/or religious statement, or any disparaging or defamatory content concerning Wonolo or third parties.
  • Other restrictions. You also agree that you will not:
  • Specify the monetary amount of the Referral Reward unless authorized by Wonolo in writing;
  • Use images of celebrities or other public or private figures without their written consent;
  • Use someone else’s brand name or intellectual property without their written consent (for example, referencing “Superbowl” or “Coachella” would be prohibited);
  • Use, display, or manipulate Wonolo intellectual property (such as Wonolo’s logos, trademarks, and copyright-protected works) in any way, except as to identify yourself as an Wonoloer or a Wonolo Customer;
  • Engage in phishing or attempting to obtain financial or other personal information;
  • Solicit passwords or personally identifiable information;
  • Sell your Wonolo Code. You agree that you will only distribute your Wonolo Code free of charge only for personal and non-commercial purposes. You may not sell, trade, or barter your Wonolo 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 Wonolo;
  • Violate or infringe the rights of a third party. You will not create any Wonolo Code that infringes on the intellectual property rights of any third party. You will adhere to the license terms in any use of the Wonolo Marks.
  • Advertise. You agree that you will not pay to advertise your Wonolo Code or the Referral Program, including via Google, Facebook, Twitter, Bing and Craigslist.
  • Create printed materials other than those authorized by Wonolo.
  • Post printed materials on public or private property without the express written consent.
  • Engage in fraudulent activity. You agree that you and your Referred Users will not defraud or abuse (or attempt to defraud or abuse) Wonolo, the terms of the Referral Program, or any invited Users.

If you violate any of these restrictions Wonolo may, in its discretion, remove your eligibility to participate in the Referral Program, and/or deny you any Referral Reward earned in violation or suspected violation of these restrictions.

8. Limitation of Liability

By participating in Referral Programs, you agree to release and hold harmless Wonolo and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers and directors from any liability, illness, injury, death, loss, litigation, claim or damage that may occur, directly or indirectly, whether caused by negligence or not, from (i) your participation in the Referral Programs, (ii) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (iii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iv) unauthorized human intervention in any part of the Referral Programs; or (v) electronic or human error which may occur in the administration of the Referral Programs.

9. Applicable Law

Except where prohibited, disputes, claims and causes of action arising out of or related to the Referral Programs, including any Referral Reward or Referral Credit, shall be resolved under the laws of the United States, and except where prohibited, California law (without reference to its conflicts of laws principles), and participant agrees to submit any dispute to the exclusive jurisdiction of the state and federal courts located in San Francisco County, California.

10. Privacy

Participation in the Referral Programs may require a Referred User and/or a Referrer to submit personal information about themselves. The personal information will be collected, processed and used in accordance with Wonolo’s Privacy Policy. In addition, personal information may be used by Wonolo on Wonolo’s behalf, to contact Users with regards to participation in the Referral Program.

11. Other Terms

The following terms shall also apply to your participation in the Referral Program.

  • You cannot earn Referral Reward for referring yourselves.
  • Any Wonolo promotions that run for a limited time only are subject to change at Wonolo’s sole discretion.
  • Wonolo reserves the right to change, end, or pause, in whole or in part, any Referral Programs, as well as any Referrer’s or Referee’s ability to participate in any Referral Programs or receive Referral Reward at any time for any reason, including suspected fraud (including by either the Referrer and/or Referee), abuse, or any violation of these Rules as well as any agreement (if one exists) between you and Wonolo. If Wonolo ends any Referral Program, any unused or unredeemed Referral Reward may be forfeited at that time, provided we give you 14 days of notice to use or redeem your Referral Reward.
  • Wonolo may update these Rules at any time. Continued participation in any Referral Programs after any update will mean that you have agreed to the update.
  • The Referral Programs are void where such referral programs are prohibited.