created
Nov 10, 2023
LAST UPDATED
May 1, 2024
Modak Makers Referral Program Terms and Conditions
By clicking on the “Refer a Friend” link in your Modak Makers (“we,” “our,” or “Modak Makers”) account, or enrolling through another Modak Makers provided method, and sharing your unique referral link (“Referral Link”) with your friends and family via email, text, or Social Media (“Referrals”), you agree that these Referral Program Terms and Conditions (“Terms”) will apply. These Terms are in addition to the Modak Makers Terms of Service available at https://www.modakmakers.com/legal (“Modak Makers Terms of Service”), which govern your use of the Modak Makers websites, modakmakers.com and app.modakmakers.com (the “Website”), the Modak Makers application for mobile phone, tablet, or any other portable device (the “Application”), and the Modak Makers Services. Any capitalized terms appearing in these Terms, but not otherwise defined herein, are defined in the Modak Makers Terms of Service. In the event of a conflict between the Modak Makers Terms of Service and these Terms, these Terms will govern solely to the extent of the conflict. Unless specified otherwise in these Terms, the terms “you,” “your,” and “yours” refer to the person participating in the Referral Program by providing Referrals, or their parent or legal guardian if a minor in their state of residence.
Representations. By participating in the Referral Program (or if you are a parent or legal guardian authorizing a minor to participate in the Referral Program), you represent and warrant that (i) you are a natural person; (ii) you are at least 13 years of age (or older if you reside in a state where the age of majority is older); (iii) you are a legal resident of the United States; and (iv) you agree to abide by these Terms.
Privacy. Any personal information you make available to us in connection with the Referral Program may be collected, used, and shared by us in accordance with Modak Makers’ Privacy Policy, which is available at https://www.modakmakers.com/legal/privacy
Referral Program. The “Referral Program” is an opportunity for you, the Primary Accountholder or a Sub-Account Cardholder, to promote and refer Modak Makers Services with the intent that these Referrals will themselves become either Primary Account Holders or Sub-Account Cardholders receiving Modak Makers Services.
Referred Customers. Any individual referred by you shall become a “Referred Customer” only if such individual (or their parent or legal guardian if a minor): (i) has not previously entered into an agreement with Modak Makers to receive Modak Makers Services; (ii) has not previously opened a Modak Makers Account in order to receive Modak Makers Services together with an associated Card Account with the Issuer; and (iii) has not been previously referred or introduced to the Issuer or Modak Makers in order to procure Modak Makers Services, a Modak Makers Account, or a Card Account by another Modak Makers customer or by a Modak Makers affiliate partner.
Referral Rewards. For each Referred Customer that is accepted by Modak Makers, you will receive $10 as follows: Modak Makers will credit your Modak Makers Primary Account for an amount equal to the reward advertised at the time you shared the Referral Link with the Referred Customer, and the Referred Customer will receive in his or her Modak Makers Primary Account an amount equal to the reward advertised at the time you shared the Referral Link with the Referred Customer according to Modak Makers’ records. As a general matter, a Referred Customer shall only be considered accepted once the Referred Customer: (i) successfully completes the account registration and identity verification process; (ii) The referral requests a physical card (it is not mandatory to activate or use it). (iii) The referral spends at least $10 with their physical or virtual card. By way of clarification: the expenditure can be made, for example, in a single transaction of $10, in 2 transactions of $5, or in 10 transactions of $1. Transactions made using payment methods such as Cash App or PayPal will not be considered eligible for the referral program.
Disclaimer:
Teen Referral Rewards. If an individual is at least 13 years old but under the age of 18 (or the age of majority in the state where he or she resides) (“Teen”), the Teen is considered a Sub-Account Cardholder, and the Referral Program works differently. For each Referred Customer who is referred by a Teen and “accepted” by Modak Makers, the Teen and the associated Primary Accountholder will receive notice that a Referral Reward is available as a result of a Teen Referral. Suppose the Referred Customer is also a minor. In that case, the parent or guardian of the Referred Customer will need to open a Modak Makers Account for the Referred Customer (or associated Primary Accountholder) to receive his or her Referral Reward. The process for accepting the payment of a Referral Reward by a Referred Customer is similar to the process described above for Teens making Referrals if the Referred Customer is a minor. Individuals under the age of 13 are not eligible to make Referrals or receive Referral Rewards.
Referral Reward Timing. The timing for the issuance of Referral Rewards is as follows:
Verification. Referral Rewards are subject to verification. Modak Makers may delay a Referral Reward for investigation. Modak Makers may also refuse to verify and process any transaction for any reason, and additional restrictions may apply. They are not transferable and may not be auctioned, traded, bartered, or sold. In some cases, referral customers may go through deep ID verification processes.
Limitations on Referral Rewards. Notwithstanding anything to the contrary in these Terms, Modak Makers may refuse to accept any Referred Customer in its sole discretion. Furthermore, your participation in the Referral Program does not guarantee the receipt of any Referral Reward by you or the Referred Customer. Referral Rewards associated with the Referral Program are subject to change at any time. The type, amount, value, or duration of Referral Rewards, if any, are determined at the sole discretion of Modak Makers and can be terminated at any time. The specific Referral Rewards in effect at any time will be those posted and described on the Websites or in the Application at the time you share the Referral Link with a Referred Customer. Modak Makers reserves the right to terminate the Referral Program or terminate or modify any aspect thereof at any time and without prior notice. Referral Rewards earned before any modification or termination of the Referral Program will be honored by Modak Makers.
Each account holder is limited to a maximum of 8 referrals under the Referral Program. To refer additional individuals beyond this limit, you must send a request via email to hi@modakmakers.com and receive direct approval from Modak Makers to increase your referral limit. Please note that while we welcome all requests, we do not guarantee that we will grant permission to have more referrals. Any such decisions are at the sole discretion of Modak.
Termination and Changes. Modak Makers may suspend or terminate the Referral Program or a user’s ability to participate in the Referral Program at any time for any reason. We reserve the right to suspend accounts or remove Referral Rewards if we notice any activity that we believe is abusive, fraudulent, or in violation of the Modak Makers Terms of Service or these Terms. We reserve the right to review and investigate all referral activities and to suspend accounts or modify referrals in our sole discretion as deemed fair and appropriate.
Updates to the Terms. We can update these Terms at any time without prior notice. If we modify these Terms, we will post the modification on the Websites or in the Application, which are effective upon posting. Continued participation in the Referral Program after any modification shall constitute consent to such modification.
Governing Law. The laws of the State of California will govern these Terms, as well as any claim, cause of action, or dispute that might arise between you and Modak Makers, without regard to conflict of law provisions.
Contact Us. For any questions about the Referral Program or these Terms, please contact us at hi@modakmakers.com.
