Referral Program Terms and Conditions


CM Management, Inc. ("City Mattress" or “We”) offers brand Referrer (“Referrer” or “You”) the opportunity to participate in its referral program (the “Program”). We reserve the right to amend or terminate the Program at any time, for any reason. The Program is administered by City Mattress.
Referrers are bound by these Terms and Conditions. By participating in the Program, Referrer agrees to use the Program in the manner specified in these Terms and Conditions. If you do not agree to these Terms and Conditions in their entirety, you are not authorized to participate in the Program in any other manner. Referrer may not participate in the Program where doing so would be prohibited by any applicable law or regulations.
We reserve the right to modify or amend at any time these Terms and Conditions and/or the methods through which rewards are earned. We reserve the right to disqualify any Referrer from participation in the Program at any time at our discretion, including without limitation if he/she does not comply with any of these Terms and Conditions or otherwise fails to comply with any applicable laws (including, without limitation, through any failure to include any disclosures as required by the FTC or otherwise required by City Mattress).

I. How the Program Works
A. Program Participation
1.   To participate in the City Mattress Referral Program, Referrer should visit CityMattress.com/pages/referral-program for program details.
2.   Individuals who receive a referral email via a Referrer are ‘Friend(s)’. An eligible Referrer who is fully compliant with these Terms and Conditions may receive Reward(s) for every Qualified Referral.
B. To be Eligible, a Referrer must:
1.   Be a legal resident of the United States of America; and
2.   Be at least 18 years old.
C. Making a Referral
1.   Referrer forwards program e-mail containing their customer ID to their ‘Friends’.
2.   ‘Friends’ will receive a discount on their qualified purchase as noted in the e-mail.
3.   Referrer will receive a gift card for qualified purchases by their ‘Friends’.
4.   Referrer must respect the spirit of the Program by only referring real individuals who meet the requirements of these Terms and Conditions. Referrer cannot refer themselves.
D. Qualified Referrals
1.   A Qualified Referral means that all the following conditions are met:
2.   The Friend purchases a minimum of $500 of qualified merchandise;
3.   The Friend was not previously registered with City Mattress under any email address or alias;
4.   The Friend is
a) a legal resident of the United States of America and
b) at least 18 years old
E. Earning Rewards
1.   Rewards may be redeemed in various forms at City Mattress's sole discretion, including, but not limited to in the form of an Amazon.com* gift card. Restrictions may apply. For example, if the Reward is in the form of a gift card, gift certificate or voucher, it may be subject to the issuer's terms and conditions.
F. Verified Qualified Referrals
1.   Rewards are subject to verification. City Mattress may delay a Reward for the purposes of investigation. City Mattress may also refuse to verify and process any transaction City Mattress deems, in its sole discretion, to be fraudulent, suspicious, in violation of these Terms and Conditions, or believes will impose potential liability on City Mattress, its subsidiaries, affiliates or any of their respective officers, directors, employees, representatives and agents. All of City Mattress's decisions are final and binding, including decisions as to whether a Qualified Referral, or Reward is verified.

II. Privacy.
Referrer may participate in the Program made available by City Mattress in order to refer their friends to City Mattress as potential City Mattress customers. The personal information may also be used by City Mattress to contact Referrer with regards to their participation in the Program and to send to Referrer additional communications from City Mattress.

III. Content Ownership and Use.
A. City Mattress’s online platform and the Program contain content that includes: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other content (collectively, "Content"). As between Referrer and City Mattress, all Content is the property of the City Mattress and is protected under copyright, trademark, and other laws. The compilation (meaning the collection, arrangement, and assembly) of all Content on City Mattress’s online platform or the Program is the exclusive property of City Mattress and is protected by copyright, trademark, and other laws.
B. Trademarks
1.   The registered or unregistered logos, product and service names contained in City Mattress’s online platform or the Program are or may be trademarks of City Mattress or its licensors (the "Marks"). Without City Mattress’s prior written permission, and except as solely enabled by any link as provided by City Mattress, you agree not to display or use in any manner the Marks.
C. User-Submitted Content
1.   The registered or unregistered logos, product and service names contained in City Mattress’s online platform or the Program are or may be trademarks of City Mattress or its licensors (the "Marks"). Without City Mattress’s prior written permission, and except as solely enabled by any link as provided by City Mattress, you agree not to display or use in any manner the Marks.

IV. Liability.
A. By participating in the Program, Referrer agree to:
1.   Be bound by these Terms and Conditions, the decisions of City Mattress and its designees, and the polices of City Mattress;
2.   Defend, indemnify, release and hold harmless City Mattress, its parent companies, affiliates and subsidiaries, together with their respective employees, directors, officers, licensees, licensors, shareholders, attorneys and agents including, without limitation, their respective advertising and promotion entities and any person or entity associated with the production, operation or administration of the Program (collectively, the "Released Parties"), from any and all claims, actions, demands, damages, losses, liabilities, costs or expenses caused by, arising out of, in connection with, or related to Referrer’s participation in the Program (including, without limitation, any property loss, damage, personal injury or death caused to any person(s) and/or the awarding, receipt and/or use or misuse of the Program or any Reward); and
B. City Mattress shall not be liable for:
1.   Late, lost, delayed, stolen, misdirected, incomplete, unreadable, inaccurate, unreliable, garbled or unintelligible entries, communications or affidavits, regardless of the method of transmission;
2.   Telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors;
3.   Data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials;
4.   Any printing, typographical, administrative or technological errors in any websites or materials associated with the referral program; or
5.   Claims, demands, and damages in disputes among Referrer or between Referrer and Friends; or
6.   Any other injuries, losses or damages of any kind resulting from acceptance, possession or use of a reward, or from participation in the Program, that were not reasonably foreseeable to City Mattress at the relevant time.
C. City Mattress disclaims any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with the Program, and reserves the right, in its sole discretion, to cancel, modify or suspend the Program should a virus, bug, computer problem, unauthorized intervention or other cause beyond City Mattress’s control corrupt the administration, security or proper operation of the Program.
D. City Mattress shall not be liable to any Referrer for failure to supply any Reward or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasigovernmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, tornado, tsunami, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slowdown, civil disturbance, insurrection, riot, or any other similar or dissimilar cause beyond any of the released parties' control.
E. City Mattress reserves the right to cancel or suspend the Program, for an individual, group of individuals, or in its entirety, should City Mattress determine, in its sole discretion, that the administration, security or fairness of the Program has been compromised in any way.
F. Disclaimer of Warranties
1.   REFERRER EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE PROGRAM IS AT YOUR SOLE RISK; THE PROGRAM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND CITY MATTRESS EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS AND TERMS (COLLECTIVELY, "PROMISES") OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR CUSTOM, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED THROUGH THE USE OF THE PROGRAM, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT; (B) CITY MATTRESS MAKES AND GIVES NO WARRANTY THAT (i) THE PROGRAM WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (ii) THE RESULTS OBTAINED FROM THE USE OF THE PROGRAM WILL BE ACCURATE OR RELIABLE, (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE PROGRAM WILL MEET YOUR EXPECTATIONS, AND (iv) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PROGRAM IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
G. Limitation of Liability and Indemnification
1.   REFERRER EXPRESSLY UNDERSTAND AND AGREE THAT THE CITY MATTRESS (INCLUDING ANY VENDORS AND SERVICE PROVIDERS ASSOCIATED WITH OR ASSISTING IN PROVIDING THE PROGRAM) SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CITY MATTRESS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE PROGRAM; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE PROGRAM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR THROUGH THE PROGRAM; OR (v) ANY OTHER MATTER RELATING TO THE PROGRAM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
2.   TO THE FULLEST EXTENT POSSIBLE BY LAW, CITY MATTRESS'S (INCLUDING ANY VENDORS AND SERVICE PROVIDERS) MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), SHALL NOT EXCEED $100 USD.
3.   REFERRER SHOULD USE THE PROGRAM AT THEIR OWN RISK.

V. Publicity.
A. Participation in the Program or acceptance of a Reward constitutes permission to City Mattress to use any Referrers first and last name, company name, City Mattress profile information, statements, biographical information, city and state address, social media activity and/or public online content for any and all promotional or advertising purposes in connection with the program, on a worldwide basis and in all forms of media without review, permission or further compensation of any amount or kind whatsoever, where and to the greatest extent permitted by applicable law.

VI. Conduct.
A. If a solution cannot be found to restore the integrity of the Program after the occurrence of Prohibited Conduct (as defined below), City Mattress reserves the right to cancel, change, or suspend the Program, for an individual referrer, group of referrers or in its entirety.
B. Prohibited Conduct, Generally. Referrers agree not to use the Program to:
1.   Violate applicable law;
2.   Infringe the intellectual property rights of City Mattress or any third parties;
3.   Stalk, harass, or harm another individual;
4.   Collect or store personal data about other Referrers;
5.   Impersonate any person or otherwise misrepresent Referrer’s identity;
6.   Interfere with, disrupt or violate the Terms and Conditions or servers or networks connected to the Program; or disobey any requirements, procedures, policies, or regulations of such networks;
7.   Interfere with another Referrer’s use of the Program;
8.   Attempt to gain unauthorized access to the Program, other accounts, computer systems, or networks connected to the Program;
9.   Transmit any file that contains viruses, worms, trojan horses, or any other contaminating or destructive features;
10.   Conduct any illegal activity or solicit the performance of any illegal activity or other activity that infringes the rights of others;
11.   Resell, barter, trade, auction or otherwise generate income by providing access to the Program to others.
C. Bulk Distribution ("Spam")
1.   If a Referrer provides a Personal Link to a Friend by email, the email must be created and distributed in a personal manner that is appropriate and customary for communications with friends, colleagues and family members.
2.   Bulk email distribution, distribution to strangers, or any other promotion of a Personal Link in a manner that would constitute or appear to constitute unsolicited commercial email or "spam" in City Mattress’s sole discretion is expressly prohibited and may be grounds for immediate termination of the Referrer’s account. City Mattress has a no-tolerance spam policy.
3.   City Mattress has no obligation to monitor the content provided by Referrer; however, City Mattress may choose to do so and block any email messages, remove any such content, or prohibit any use of the Program.
4.   While City Mattress is the actual sender of the initial email, each Referrer must nonetheless comply with applicable law. Referrers who do not comply with the law, including anti-spam laws, are obligated to indemnify City Mattress and all of the released parties against any liabilities, costs and expenses incurred as a result of such violation.
D. Fraudulent and Suspicious Behavior
1.   City Mattress may prohibit an Referrer from participating in the Program or receiving a Reward, in City Mattress’s sole discretion, if City Mattress determines that such Referrer is attempting to undermine the fairness, integrity or legitimate operation of the Program in any way by cheating, hacking, deception, or any other unfair playing practices of intending to annoy, abuse, threaten or harass any other Referrer or any representatives of City Mattress.
2.   Use of any affiliate website, affiliate network properties, automated systems, script, or macro to participate is strictly prohibited and will result in disqualification.
3.   Referrer may not enter with multiple or fake emails addresses or accounts, use fictitious identities or use any system, bot or other device or artifice to participate in the Program or receive a Reward.
4.   City Mattress reserves the right to disqualify any Referrer and/or cancel any Reward(s) if City Mattress finds a Referrer to be tampering with the operation of the Program or violating these Terms and Conditions in any way.
5.   CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE PROGRAM. SHOULD SUCH AN ATTEMPT BE MADE, CITY MATTRESS RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

VII. Suggestions and Submissions.
A. City Mattress appreciates hearing from users and welcomes your comments regarding the Program. Please be advised, however, that City Mattress does not accept or consider creative ideas, suggestions, inventions, or materials ("Creative Ideas") other than those which we have specifically requested. While City Mattress values your feedback on the program, please be specific in your comments and do not submit Creative Ideas. If, despite this request, you send City Mattress Creative Ideas, City Mattress:
1.   Shall own, exclusively, all now known or later discovered rights to the Creative Ideas;
2.   Shall not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any Creative Ideas; and
3.   Shall be entitled to unrestricted use of the Creative Ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.

VIII. Applicable Law; Arbitration; Class Waiver; and Waiver of Jury Trial.
A. Any and all disputes, claims and causes of action arising out of or related to the Program or any Reward or other prize awarded pursuant to the Program or to this agreement shall be resolved under Florida law (without reference to its conflicts of laws principles).
B. Referrer and City Mattress agree to submit to the personal and exclusive arbitration of any disputes relating to the use of City Mattress’s Program under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, shall be conducted within Lee County in the state of Florida. Referrer covenant not to sue or otherwise bring a claim against City Mattress in any other forum.
C. Referrer also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to Referrer use of the Program or this agreement:
1.   REFERRER IS GIVING UP THEIR RIGHT TO HAVE A TRIAL BY JURY; and
2.   REFERRER IS GIVING UP THEIR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.

IX. General Terms
A. These terms constitute the entire agreement between Referrer and City Mattress concerning Referrer's use of the Program. The failure of City Mattress to exercise or enforce any right or provision of these terms shall not constitute a waiver of such right or provision. If any provision of these terms is found by a court of competent jurisdiction to be invalid, City Mattress and Referrer nevertheless agree that the court should endeavor to give effect to the intentions reflected in the provision, and that the other provisions of these terms shall remain in full force and effect. The section titles in these terms are for convenience only and have no legal or contractual effect. A person who is not a party to these terms shall have no right to enforce or receive the benefit of any of these terms.
* Amazon.com is not a sponsor of this promotion. Except as required by law, Amazon.com Gift Cards ("GCs") cannot be transferred for value or redeemed for cash. GCs may be used only for purchases of eligible goods at Amazon.com or certain of its affiliated websites. For complete terms and conditions, see www.amazon.com/gc-legal. All Amazon ®,™ & © are IP of Amazon.com, Inc. or its affiliates. No expiration date or service fees.
 

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