1. Introduction
These Terms and Conditions govern participation in the MoGold Referral Program Campaign (the “Campaign”), a limited-time initiative designed to reward eligible users for inviting new families or friends to join Modak and experience its financial tools.
Under this Campaign, eligible participants may earn a Mogold membership for each successful referral. A “successful referral” occurs when a new user completes the required onboarding steps in accordance with the referral program terms and conditions. The Referred Customer: (i) successfully completes the account registration and identity verification process using a referral code; (ii) The referral spends at least $10 with their physical or virtual card. Upon meeting these requirements, the referring user will receive one (1) month of MoGold membership at no cost as a reward.
By participating, you agree to be fully and unconditionally bound by these Terms and Conditions, and you represent and warrant that you meet the eligibility requirements set forth herein. You also agree to accept the decisions of Modak as final and binding in all matters related to the Campaign. The Campaign is subject to all applicable federal, state, and local laws.
2. Eligibility:
To qualify as a “Referred Customer,” the referred individual (or their parent or legal guardian, if a minor) must meet all of the following criteria:
- New to Modak: Must not have previously entered into any agreement with Modak Makers to receive Modak services.
- No Existing Account: Must not have previously opened a Modak account or an associated card account with Modak’s issuing bank partner.
- Not Previously Referred: Must not have been previously referred or introduced to Modak Makers or its issuing partner by another Modak customer or affiliate partner.
- Valid Referral Code Usage: Must sign up using a valid and active referral code at the time of account creation. Failure to apply a referral code during signup will result in ineligibility for Campaign rewards.
- Geolocalization: The Campaign is only open to legal residents of United States and is void where prohibited by law. Employees of Modak (the “Sponsor”) their respective affiliates, subsidiaries, advertising and Campaign agencies, suppliers and their immediate family members and/or those living in the same household of each are not eligible to participate in the Campaign. The Campaign is subject to all applicable federal, state and local laws and regulations. Void where prohibited.
Successful Referral Requirement
In order for a referral to qualify as a “Successful Referral” and trigger the applicable reward:
- The Referred Customer must meet all eligibility criteria listed above.
- The Referred Customer must complete a minimum of $10 in qualifying spend using their Modak account.
Upon meeting these conditions, the referring user will be eligible to receive one (1) month of MoGold membership at no cost.
3. How to participate:
To participate in the MoGold Referral Program Campaign, eligible users must complete the following steps:
- Share Your Referral Code: Share your unique referral link or referral code with friends, family, or other eligible individuals.
- Referral Sign-Up: The referred individual must use your valid referral code at the time of account creation and successfully complete the onboarding process.
- Qualifying Activity: The referred customer must complete at least $10 in qualifying spend using their Modak card.
A referral will be considered a “Successful Referral” once all the steps above have been completed.
4. Limits/exceptions:
- No Retroactive Application: Referral codes must be applied at the time of account creation. Referral codes cannot be added or applied after signup is completed.
- Maximum Reward Cap: A referred individual will not qualify as a “Referred Customer” for reward purposes if the referring customer has already reached the maximum number of successful referrals permitted under the Campaign. Once a customer reaches the referral cap (e.g., eight successful referrals), any additional referrals will not be eligible for rewards under this Campaign.
- Non-Qualifying Activity: Transactions that are reversed, refunded, disputed, or otherwise deemed invalid will not count toward the minimum $10 qualifying spend requirement.
- Fraud and Abuse: Any attempt to manipulate, abuse, or game the referral program—including but not limited to self-referrals, creation of duplicate accounts, or coordinated activity—may result in disqualification from the Campaign and forfeiture of any rewards.
- Account Standing: Both the referring user and the referred customer must have accounts in good standing at the time rewards are issued. Accounts under review, suspended, or restricted may be deemed ineligible.
- Modification or Termination: Modak reserves the right to modify, suspend, or terminate the Campaign at any time, for any reason, without prior notice, to the extent permitted by law. Such modifications will not affect rewards already earned for Successful Referrals completed prior to the change.
- Final Determination: All determinations regarding eligibility, Successful Referrals, and reward distribution are at the sole discretion of Modak and are final and binding.
5. Campaign Period:
The MoGold Referral Program Campaign will be active and open for participation between [Start Date MM/DD/YYYY] and [End Date MM/DD/YYYY] 11:59PM EST.
Please note that successful referrals outside of this Campaign period will not be considered eligible for participation in the campaign.
6. Reward:
- For each Successful Referral, participants will receive one (1) month of MoGold membership at no cost.
- Each additional Successful Referral will grant one (1) additional month of MoGold membership. Rewards are cumulative, up to a maximum of eight (8) Successful Referrals per user during the Campaign period.
- The MoGold membership period will begin on the date the first referral qualifies as a Successful Referral. Each subsequent Successful Referral will extend the membership period by one (1) additional month, calculated from the existing membership end date (not from the date of the new referral).
- This MoGold membership reward is provided in addition to the standard Referral program incentive. Eligible users will continue to receive the regular referral reward (e.g., $10 per Successful Referral), and both rewards will apply concurrently, subject to applicable terms and conditions.
The specifics of the reward shall be solely determined by the Sponsor. No cash or other reward substitution permitted except at Sponsor's discretion. The reward is non-transferable. No substitution of reward or transfer/assignment of reward to others or request for the cash equivalent by participants is permitted. Acceptance of the membership constitutes permission for Modak to use the customer’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.
7. Customer Notification
Customers will be notified via email to the email address they entered at account creation. Modak shall have no liability for a customer's failure to receive notices due to the customer’s spam, junk e-mail or other security settings or for the customer’s provision of incorrect or otherwise non-functioning contact information.
The receipt by the customer of the Reward offered in this Campaign is conditioned upon compliance with any and all federal and state laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY ANY WINNER (AT SPONSOR'S SOLE DISCRETION) WILL RESULT IN SUCH WINNER'S DISQUALIFICATION AS WINNER OF THE Campaign AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
8. Liability and Disputes
By entering, you agree to release and hold harmless Modak and its subsidiaries, affiliates, advertising and Campaign 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) such entrant's participation in the Campaign and/or his/her acceptance, possession, use, or misuse of any reward or any portion thereof, (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 entry process or the Campaign; (v) electronic or human error which may occur in the administration of the Campaign or the processing of entries.
- Limitation of Liability: Modak shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in any way connected with your participation in MoGold Referral Program Campaign, including but not limited to, rewards, rewards, or any use of or inability to use our services.
- Dispute Resolution: We strive to ensure that participating in MoGold Referral Program Campaign is a positive experience for all involved. In the unlikely event that a dispute arises, we encourage open communication and cooperation to resolve.
THIS Campaign IS GOVERNED BY THE LAWS OF THE USA AND DELAWARE, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Campaign, participant agrees that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or connected with this Campaign, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Delaware having jurisdiction. Further, in any such dispute, under no circumstances will participant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental, or consequential damages, including reasonable attorneys' fees, other than participant's actual out-of-pocket expenses (i.e. costs associated with entering this Campaign), and participant further waives all rights to have damages multiplied or increased.
- Informal Resolution: We believe in resolving disputes amicably and encourage you to first reach out to us directly to discuss any concerns or issues you may have. Our team is here to listen and work with you to find a satisfactory solution.
- Arbitration: If a resolution cannot be reached informally, any disputes, claims, or controversies arising from or related to MoGold Referral Program Campaign shall be resolved through binding arbitration. The arbitration will be administered by a mutually agreed-upon arbitration provider. We believe arbitration offers a fair and efficient way to resolve disputes outside of the courtroom.
- Fair Process: The arbitration will be conducted in accordance with the rules and procedures of the chosen arbitration provider. We assure you that the process will be fair and transparent, and the decision of the arbitrator will be final and binding on all parties involved.
- Costs: Each party shall bear its own costs associated with the arbitration proceedings. We understand that legal proceedings can be daunting, and we strive to minimize any financial burden on all parties involved.
- Governing Law: These terms and conditions shall be governed by and construed in accordance with the laws of Delaware, US, without regard to its conflict of law principles.
- Jurisdiction: Any legal action or proceeding arising out of or relating to these terms and conditions or MoGold Referral Program Campaign shall be brought exclusively in the courts of Delaware, US, and you hereby consent to the jurisdiction of such courts.
9. Privacy and Security
At Modak, we take the privacy and security of your information seriously. We are committed to protecting your data and ensuring that it is handled responsibly and securely.
- Collection of Information: We collect certain personal information from you when you participate in MoGold Referral Program Campaign to facilitate your participation and administer the campaign effectively. This may include information such as your name, email address, and transaction details. Rest assured, we only collect information that is necessary for the campaign and in accordance with our Privacy Policy.
- Use of Information: The information collected from you may be used to communicate with you regarding the campaign, notify you of any updates or changes, and facilitate the distribution of rewards or rewards. We may also aggregate and analyze data for statistical purposes to improve our services and offerings.
- Security Measures: We have implemented robust security measures to safeguard your personal information from unauthorized access, disclosure, alteration, or destruction. These measures include encryption, firewalls, secure data storage, and regular security audits. We continually review and update our security practices to ensure they meet the highest standards.
- Third-Party Partners: In some cases, we may engage third-party service providers to assist us in administering the campaign or providing certain services. These service providers are bound by strict confidentiality agreements and are only authorized to use your information as necessary to perform their services on our behalf.
- Data Retention: We will retain your personal information for as long as necessary to fulfill the purposes outlined in this Privacy and Security section, unless a longer retention period is required or permitted by law.
By participating in MoGold Referral Program Campaign, you acknowledge and agree to the terms of this Privacy and Security section and our Privacy Policy.
10. General Terms and Conditions:
By accessing and using our services, including participating in MoGold Referral Program Campaign, you agree to abide by these general terms and conditions. Please read them carefully. If you do not agree with any part of these terms, we kindly ask that you refrain from using our services.
- Participant Conduct: Participants are expected to conduct themselves in a respectful and responsible manner while participating in MoGold Referral Program Campaign. Any behavior that violates these terms and conditions or engages in fraudulent activity will result in disqualification from the campaign. Modak has the right, in its sole discretion, to maintain the integrity of the Campaign, to void entries for any reason, including, but not limited to; multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by Campaign rules; or the use of bots, macros or scripts or other technical means for entering.
- Technical Issues: Modak is not responsible for any technical issues that may affect participation in MoGold Referral Program Campaign, including but not limited to, internet outages, server downtime, or software malfunctions. We will make every effort to address and resolve technical issues promptly.
- Compliance with Laws: Participation in MoGold Referral Program Campaign is subject to all applicable laws and regulations. Participants are responsible for ensuring compliance with any local, state, or federal laws that may apply.
- Amendment or Cancellation: Modak reserves the right to amend or cancel MoGold Referral Program Campaign at its discretion, without prior notice. In the event of cancellation, Modak will make reasonable efforts to notify participants and provide any necessary refunds or compensation.
- Ineligibility: Any attempt by an entrant to deliberately damage any web site or undermine the legitimate operation of the Campaign may be a violation of criminal and civil laws and should such an attempt be made, Modak reserves the right to seek damages from any such person to the fullest extent permitted by law.
- Consent to Terms: By participating in MoGold Referral Program Campaign, participants agree to abide by these general terms and conditions. Modak reserves the right to take appropriate action, including disqualification, against any participant who violates these terms.
- Communications: By entering the Campaign you agree to receive email newsletters periodically from Modak. You can opt-out of receiving this communication at any time by clicking the unsubscribe link in the newsletter.
- Review of Terms: Participants are encouraged to review Modak's privacy policy and terms of service, which govern the use of our services in addition to these general terms and conditions.
These general terms and conditions are intended to ensure a fair and enjoyable experience for all participants in MoGold Referral Program Campaign. Thank you for your cooperation and participation!
11. Contact Information
For any inquiries or assistance regarding MoGold Referral Program Campaign or our services, please feel free to reach out to us through the following channels:
- Email: You can contact us via email at hi@modakmakers.com.
- In-App 24/7 Live Chat: We offer a convenient in-app live chat feature available 24/7 to assist you with any questions or concerns you may have. Simply access the live chat feature within the Modak app to connect with a member of our support team in real-time.
- Support Webpage: Visit our support webpage at Modak Support for comprehensive information, FAQs, and resources to help address common issues and inquiries. You can also submit a support ticket through the webpage for personalized assistance from our support team.
- CS Phone Line: You can reach us by calling 1-833-966-2428.
We are committed to providing prompt and helpful assistance to ensure your experience with MoGold Referral Program Campaign and our services is positive and enjoyable.
12. Sponsor: The Sponsor of the Campaign is Modak Communities Operating Holdings Inc. 3000 SAND HILL RD, BUILDING 4 SUITE 230, MENLO PARK, CALIFORNIA 94025.
13. This Campaign is in no way sponsored, endorsed or administered by, or associated with Facebook, Twitter, Instagram, Snapchat, Youtube, Pinterest, LinkedIn or Google. You understand that you are providing your information to the owner of this Campaign and not to Facebook, Twitter, Instagram, Snapchat, Youtube, Pinterest, LinkedIn or Google.
