The following terms apply to your participation in the ShipStation (“ShipStation” or “we”) Refer-A-Friend Program (“Program”). By participating in the Program, you agree to comply with these terms and conditions (“Terms”), which contain your agreement to waive a jury trial and right to participate in a class action and instead resolve potential disputes through binding arbitration as more fully described below:
We may, from time to time, offer ShipStation customers the opportunity to earn rewards by referring friends to ShipStation in accordance with these Terms. We reserve the right to modify or terminate this Program at any time for any reason. Participation in the Program may require participants to submit personal information about themselves and their friends, such as name and email address. By participating in our Program, you agree to receive communications from ShipStation, and/or from our partners that operate and maintain the Program, with regards to participation in the Program. If you do not agree to these Terms in their entirety, you are not authorized to register as a Referrer or to participate in the Program in any manner.
1) Who can participate?
You must be a resident of one of the fifty United States, the District of Columbia or Puerto Rico and at least 18 years of age and the age or majority in your jurisdiction of residence to participate. You may not participate in the Program where doing so would be prohibited by any applicable law or regulations. You must be an existing ShipStation customer or have prior approval from ShipStation in order to earn Rewards (as defined below). Those who meet these eligibility criteria and take steps to participate in the Program are referred to as “Referrers.” Employees of Auctane, LLC or its subsidiaries, affiliates or promotional agencies (collectively, “Program Entities”), and members of their immediate families and households, are not eligible to participate. You agree you will only share your Personal Link (defined below) with individuals who are at least 18 years old and meet the applicable eligibility requirements in these Terms.
2) How to Participate.
To participate in the Program, create an account at shipstation.getambassador.com (“Program Platform”) to register for the Program and access you unique referral link (“Personal Link”) through the Program Platform. You may share the Referral Code with friends, family members or colleagues who meet the criteria in Section 4 below. You are responsible for ensuring your referral activities comply with all applicable laws, including the disclosure requirements noted in Section 3 below, and social media platform terms. You represent that you know the individuals with whom you are sharing the Personal Link and that, to the extent any consent is necessary, you have consent to send emails or other communications to those individuals. Referrers may refer as many people as they like. Referrers must respect the spirit of the Program by only referring real individuals who meet the requirements of these Terms. There is a limit of one (1) Personal Link per person.
3) You Must Disclose Your Relationship With Company.
Every time you post, share or send your Personal Link, you must tell people that you earn a Reward if they use your Personal Link to sign up for ShipStation. Telling people that you earn a Reward is a legal requirement. Failure to comply may result in losing your Reward(s) and may be a violation of laws enforced by the Federal Trade Commission. You can use the default language that may be provided to share your Personal Link, but at least use: “I can earn a reward if you use my link to sign up for a free, 30-day ShipStation trial and then subscribe to a monthly plan.”
4) What is a Qualified Referral?
Subject to compliance with these Terms, as determined in the sole discretion of ShipStation, you may earn a Reward, as defined and described in more detail below, for each Qualified Referral. A Qualified Referral is defined by the following:
a. The person referred must be a new ShipStation customer, at least 18 years of age or older, who has never opened an account with the ShipStation or Auctane Shipping Manager software solutions (“Friend”).
b. Friend must register through the Personal Link sent to them by their Referrer.
c. Friend must convert to a paid ShipStation subscription within 30 days of the conclusion of their ShipStation 30-day trial.
d. Only one Qualified Referral can be earned for each Friend.
All referrals are subject to ShipStation verification.
5) What methods can you use to send referrals to ShipStation?
a. Share on your social networks
b. Email (but don’t be a spammer!)
c. Word of mouth and give out your Personal Link
d. Add your Personal Link on your website(s)
IMPORTANT: Referrers are not permitted to use any paid media, including boosted social content or use of paid search campaigns that include any branded terms of ShipStation or any ShipStation partners, and any violation of the foregoing may lead to Program termination.
6) Earning and Fulfillment of Rewards
Reward fulfillment shall be governed by the following:
a. Referrer will receive one $100 reward for each Qualified Referral that consists of a $100 gift card (“Reward”). The Reward will be either a Visa prepaid debit card or a gift card from a selection of retailers set forth in the Program Platform or otherwise provided by a third party. Gift cards are subject to the terms and conditions set forth by the issuer.
b. Referrer will be notified by system-generated email within the month following completion of a Qualified Referral and must follow the steps in the email to claim their Reward.
c. Referrer acknowledges that the statistics ShipStation may choose to display through the Program Platform may not be real-time or accurately reflect the Rewards you have actually earned. ShipStation will have no liability for any typos or errors displayed in those statistics.
7) You Are Responsible For Your Communications.
You May Not Use ShipStation Trademarks Without ShipStation’s Permission. You are limited in the way you may talk/write about the Program. You understand that for any communications you send you are sending them on your own behalf. You are not acting as an agent of ShipStation nor will you be deemed an employee of ShipStation. As such, while you can and should include your Personal Link in communications about the Program, you must not, without ShipStation’s written permission, include any ShipStation trademarks or other ShipStation materials in your communications about this Program and you must not use any domain names or e-mail addresses that include ShipStation, its marks or its web site URLs. The content of all of your communications about this Program must be yours alone. Do not misrepresent or embellish your relationship with ShipStation or write, say or post anything you know is untrue or may be misleading. Do not make performance, price or other claims about ShipStation services. And, if someone has asked you to stop sending them messages about ShipStation, respect that wish.
8) No fraudulent activity, or illegal participation
ShipStation reserves the right to void referrals and Rewards earned if we suspect that they were earned in a fraudulent manner, in a manner that violates these terms, or in a manner otherwise not intended by ShipStation. Likewise, you agree that you will not participate in this Program in a threatening, abusive, illegal, or unsportsmanlike manner. You may not refer yourself or create multiple, fictitious or fake accounts with the ShipStation or participate in the Program as a Friend. No participant may use the Program in a manner that violates any law or platform terms or rules, infringes or violates the rights of any third party, or otherwise act in a manner that is deemed harassing, harmful, illegal, hateful, obscene or outside the spirit and intent of the Program. In addition, you may not (i) tamper with the Program, (ii) act in an unfair or disruptive manner, or (iii) use any system, bot or other device or artifice to participate or receive any benefit in the Program. CAUTION: ANY ATTEMPT TO DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SHIPSTATION RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
9) Bulk Distribution and Promotion.
You are the actual sender of all emails you may send in connection with this Program and you must comply with applicable law. Referrals must be created and distributed in a personal manner that is appropriate and customary for communications with friends, colleagues and family members. By emailing any email address as part of the Program, you represent that you have the appropriate permission and consent. Bulk email distribution, distribution to strangers, or any other use of the services described herein in a manner outside the intent of the Program is expressly prohibited and may be grounds for immediate termination and further legal action. ShipStation has no obligation to monitor the Program or any communications; however, ShipStation may choose to do so and prohibit any use of the Program. You must not conduct your own promotion in connection with the Program or referrals. Any communications you make available about the Program must be limited to referring people to the Program. Program participants who do not comply with the law, including anti-spam laws, are obligated to indemnify the Program Entities against any liabilities, costs and expenses it incurs as a results of such spam.
10) We will send you emails
By signing up, you are opting in to receive emails about the Refer-A-Friend program (including when a Qualifying Referral is confirmed by ShipStation) and occasional marketing emails from ShipStation.
11) You release us from liability
By participating in the Program, you agree that the Program Entities will have no liability and that you will indemnify and hold the Program Entities harmless for any claim, action, liability, loss, injury, or damage to you or any other person or entity due in whole or in part, directly or indirectly, by reason of your participation in the Program. You will not settle any claim without the prior written consent of ShipStation. Further, you agree that the Program Entities are not responsible for faulty referral links, any error, omission, interruption, defect or delay in transmission, order processing, or communication; technical or mechanical malfunctions; errors in these terms, in any Program-related materials; human-processing error; failures of electronic equipment, computer hardware or software; damage to your equipment, computer hardware or software, or inaccurate information, whether caused by equipment, programming, human error, or otherwise.
12) Program changes
We reserve the right to change or cancel the Program at any time, without notice. We reserve the right to modify or amend these Terms and the methods through which Rewards are earned. We reserve the right to disqualify an individual at any time from participation in the Program if they do not comply with these Terms or we believe an individual has engaged in fraud or a violation of law. All information collected from a user in the Program will be subject to the ShipStation Privacy Policy.
13) Binding Arbitration
Except where prohibited by law, you agree: (1) any dispute, controversy or claim arising out of or relating to these terms, the Program, or any related Reward will be resolved individually, without resort to any form of class action; (2) any dispute, controversy or claim arising out of or relating to these Terms, the Program, or any related Reward will be resolved by binding arbitration conducted by JAMS in accordance with JAMS Comprehensive Arbitration Rules and Procedures or – where the underlying dispute qualifies for their use – the Streamlined Arbitration Rules and Procedures (either the “JAMS Rules”); (3) any arbitration will be heard by one arbitrator to be selected in accordance with the JAMS Rules, in Austin, Texas (except that – if required by the JAMS Rules – in-person arbitration (if any) will take place in or near your county of residence); (4) judgment upon any award rendered may be entered in any court having jurisdiction thereof; and (5) any award or judgment will be subject to all limitations and releases set forth in these Terms, will be limited to actual out of pocket damages, and will not, in any event, include any punitive, exemplary, consequential or incidental damages, attorneys’ fees or costs of bringing a claim, or any injunctive or other equitable relief – provided that nothing in these Terms will restrict an individual’s right under applicable law of their state of residence (if any) to pursue public injunctive relief in a manner otherwise in accordance with the dispute-resolution procedures described in this section. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service willing to hear the dispute and all other portions of this section will apply but subject to that service’s rules.
Updated April 9, 2024
