Kinetic Refer-A-Friend Program Terms and Conditions
Kinetic’s Referral Program(s) (the “Program(s)”) allows existing Kinetic Customers and eligible non-customers to earn rewards when they refer their friends and family to sign up and install through the Program. READ THESE Kinetic REFER & EARN PROGRAM TERMS (“PROGRAM TERMS”) CAREFULLY BEFORE REGISTERING.
Please Note:
To receive rewards, you (if you are a customer) and the referred accounts must be in good standing.
Reward links can expire. Pay attention to the expiration date.
For Kinetic customers, you must be registered on the Go Kinetic App.
Rewards are non-transferable and have no monetary value prior to redemption.
These Program Terms are between you and Windstream Services, LLC (a Uniti Company) d/b/a Kinetic or Kinetic Business, or if applicable, the entity that appears on your bill (“Kinetic,” “WE,” “US,” OR “OUR”).
Your participation in and use of the Program constitutes acceptance of all Program Terms, and is subject to the Kinetic Privacy Policy and any additional terms, including Kinetic Terms and Conditions.
Eligibility. U.S. Residents only. Must be at least 18 years or older to participate. Kinetic customers must keep their Kinetic account(s) in good standing and register in the Go Kinetic portal (“Kinetic portal”) on the MyAccount page. For all others, enroll at Refer.gokinetic.com (together, with the Kinetic portal the “Program Websites”).
These Program Terms do not apply to the EarthLink Refer-A-Friend Program (also known as the EarthLink Referral Program).
You are not eligible to participate in the Program if you are a:
Uniti employee,
Uniti partner, subagent, or distributor, or an employee thereof,
family member of or living in the same household as a Uniti employee, or
federal, state, local, foreign or quasi-governmental agency employee.
Qualified Referrals. Qualified referrals must
be new customers to Kinetic; excludes:
current Kinetic customers;
prospective customers already engaging with Kinetic;
a person or entity who was a Kinetic customer within 30 days prior to the date a Program email invitation is generated by the Program Websites;
government entities, regulatory bodies or participants in Universal Service Administrative Company (USAC) E-Rate or Rural Healthcare programs.
order and install at least one qualifying service from Kinetic ("Qualifying services" are Kinetic-branded High-Speed Internet services ordered as a stand-alone service or as part of a bundle plan);
initiate the order via emails or links generated by the Program Website (referral must be received before the potential customer places order);
be in good standing for 90 consecutive days immediately following service activation; and
have "cookies" enabled on the computer from which they order the qualifying services, if ordered online.
Payment; Taxes. You will be issued a disbursement link for each qualified referral (one reward per qualified referral) at a value based upon Kinetic’s then current offer, which is subject to change without notice. See Offer Conditions. Eligibility and referral qualification determinations are at Kinetic’s sole discretion. Rewards are fulfilled by Tango Card, Inc. Tango terms and conditions, which are subject to change, are available at www.tangocard.com. You must claim your card within 30 days from the date these instructions are sent via email. Your right to the payment expires after that time. Rewards are non-refundable and have no monetary value prior to redemption.
Referees will receive a billing credit according to the then current Offer Conditions.Such credit will be issued following Kinetic's determination that a qualified referral has met all requirements and will be issued on the next billing invoice after qualification has been confirmed.
You may be required to complete and return IRS Form W-9 in order to receive Program rewards. You are responsible for any and all tax liability. Kinetic reserves the right to limit the total reward amount participants in the Program may earn per calendar year.
All claims of Program participant against Kinetic, including claims pertaining to rewards, are waived unless made in writing at Kinetic 4005 N. Rodney Parham Rd. Little Rock, AR 72212 Attn: Refer & Earn Program within 60 days of which such reward would have been payable.
Program Use. The Program Websites may be used to generate shareable referral links/code, submit referral forms, and track referrals and determinations. Referrals submitted through a form will be contacted by Kinetic within two business days. Kinetic will not release to you the reasons why a particular referral has not been deemed a qualified referral.
Compliance with Laws. By participating in the Program, you expressly agree to comply with all applicable marketing, privacy, and data protection laws. Do not delete, any disclosure that the Program Websites automatically create for referral communications.
You must obtain express consent prior to sharing referral links or codes. Mass email or text distributions are prohibited. Kinetic complies with the federal CAN-SPAM Act and honors requests to opt out of receiving Kinetic marketing emails, including referral emails.
You are responsible for making sure your referrals reflect your honest opinion and are truthful and accurate.
You must clearly and conspicuously disclose your relationship with Kinetic and that you may receive an incentive from Kinetic; at a minimum, include either "This is a paid endorsement" or "#paidad."
Independent Contractor Relationship. By participating in the Program, you acknowledge that you do so at your own risk and as an independent contractor and that Kinetic is not directing how you perform your obligations hereunder.
Warranties and Representations. You represent and warrant that: you have full legal authority to participate in the Program, that no existing agreement, rule, regulation, or obligation of your profession to which you are subject prohibits your participation or receipt of Program rewards and you have read and understand the Program Terms
Indemnification. You agree to indemnify and hold Kinetic, its affiliates and their respective officers, directors, employees, agents, representatives, successors and assigns harmless from and against any and all damages, costs, expenses, claims or liabilities of any kind, including third party claims, whether pending or threatened, including without limitation, attorneys' fees and court costs, incurred by any of them arising out of or related to your participation in the Program or breach of these Program Terms.
Warranty Disclaimers; Limitation of Liability. KINETIC DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION FOR NON-INFRINGEMENT, SATISFACTORY QUALITY, MERCHANT-ABILITY AND FITNESS FOR ANY PURPOSE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE PROGRAM AND ANY URLS PROVIDED ARE "AS IS" AND AT PARTICIPANT’S OPTION AND RISK AND KINETIC DOES NOT GUARANTEE ANY RESULTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Kinetic OR ITS AFFILIATES BE LIABLE UNDER THESE PROGRAM TERMS OR IN CONNECTION WITH THE PROGRAM FOR (A) SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA AS A RESULT OF CLAIMS, WHETHER BROUGHT IN CONTRACT OR TORT, EVEN IF KINETIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (B) DAMAGES, IN AGGREGATE, IN EXCESS OF THE LESSER OF THE PROGRAM INCENTIVES PAID TO YOU IN THE THREE MONTHS IMMEDIATELY PRECEDING THE CLAIM.
Notices. Any written notices required or permitted to be given by Kinetic may be delivered by email. By participating in the Program, you consent to delivery of all Program-related information to the email address you have registered.
Jurisdiction. Program Terms shall be governed in accordance with the laws of the State of Arkansas without regard to the conflict or choice of law rules thereof. The federal and state courts located in Pulaski County, Arkansas shall have exclusive jurisdiction over any dispute arising hereunder and by participating in the Program you consent to same.
No Waiver. The delay or failure of Kinetic to enforce any right or remedy under these Program Terms, will not constitute a waiver of such right or remedy. If any part of these Program Terms is held invalid or unenforceable, the remainder of these Program Terms will remain in effect.
Modification; Termination. Kinetic may change the Program Terms, terminate your participation in the Program or discontinue the entire Program, at any time, for any or no reason, with or without notice to you. Your continued participation in the Program constitutes your acceptance of any changes.