Referral Program Terms and Conditions

These terms and conditions apply to TJ West's Referral Program program ("Program"). By making a referral or otherwise participating in the Program, the Referrer (referring customer) and Referree (referred person), agree to be bound by these terms and conditions, the TJ West Conditions of Use, and Privacy Policy.

Program Period

This referral agreement (the "Agreement") is made by and between Virginia's Best Catalog Group, the referring customer ("Referrer") and the referred person(s) ("Referee") and shall be effective as of the date this Agreement is accepted by the Referrer (the "Effective Date"), and extends until termination of the Program by TJ West (Program Period), subject to the following terms and conditions.

Eligible Referrer

You are an Eligible Referrer if you are both a registered TJ West user and meet all of the following requirements:

You are of legal age to enter into agreements, or you are at least thirteen (13) years of age and have your parents' or guardians' permission to submit to the Terms and Conditions of this Program; and,
Your user registration must remain active during the Program Period; and,
You agree to receive email messages related to your participation in the Program.

Eligible Referree

An Eligible Referree may participate in the Program if they meet all of the following requirements:

The referred person is of legal age to enter into agreements, or is are at least thirteen (13) years of age and has permission to submit to the terms and conditions of this Program; and
The referred person is not a registered TJ West user at the time of referral; and
The referred person has not been referred by any other registered user previously.

Definition of "Referral Cash"

Subject to the requirements set forth herein, the Eligible Referrer will receive ten percent (10%) of their referrals' first (1st) Qualifying Purchase in the form of account credit ("Referral Cash").

Definition of "Qualifying Purchase"

A "Qualifying Purchase" means a purchase by a TJ West Registered User through the legitimate completion of a transaction on the TJ West website or related sister websites, and remittance of full payment thereof. Completion of a Qualifying Purchase requires that TJ West receive payment in full, and that there be no chargeback of payment, rejection of payment, or return of goods for a period of one (1) calendar year following the initial transaction date.

Participation in the Program

The Referree becomes a registered TJ West user at TJ West as a result of the Referrer's referral.
The Referree completes at least one (1) Qualifying Purchase as a result of the Referrer's referral.
Eligible Referrees do NOT qualify to receive any credit or Referral Cash under this Program. However, subject to any other eligibility requirements stated herein, the Eligible Referree may qualify to participate in this Program as an Eligible Referrer.
An Eligible Referrer will not receive any credit or Referral Cash if his or her referrals through the Program are rejected or are not received for any reason, or if he or she fails to comply with any of the obligations of the Program or these Terms and Conditions. Upon the Eligible Referrer's qualification for Referral Cash, only one (1) Referree will be given to an Eligible Referrer per Eligible Referree, regardless of how many TJ West accounts or customer ID's the Eligible Referrer may have.
Referral Cash is only available for referrals resulting in new TJ West accounts by Eligible Referrees who complete a Qualifying Purchase. Only the Eligible Referree's first completed Qualifying Purchase through the Referral Program will be eligible for credits and participation in the Program.

Referral Cash

Referral Cash will be in the form of account credit, and may be used towards the purchase of services from TJ West at http://www.tjwest.com. Referral Cash awards are calculated based on the amount of the Eligible Referree's Qualifying Purchase.
Referral Cash will be credited to your TJ West account within approximately ninety (90) days of the completion of a Qualified Purchase by your Eligible Referree, subject to satisfaction of these terms and conditions and delays due to technical difficulties or other unforeseen circumstances.
Referral Cash may be revoked, reversed, adjusted, or otherwise modified, at TJ West's sole discretion, subject to the terms and conditions of this Program.
Referral Cash may not be sold, transferred, assigned, redeemed for cash, or combined with any other offer, discount, or promotion. Referral Cash are not transferable upon death, as part of a domestic relations matter, or otherwise by operation of law. Referral Cash may not be applied retroactively to prior purchases. The awarding and use of Referral Cash is subject to the TJ West Service Agreement, and any other policies or terms of use set forth by TJ West. The use of Referral Cash is also subject to current prices, limitations, and terms as set forth on the TJ West website at http://www.tjwest.com.
Upon cancellation of service or closure of your TJ West account for any reason, any unused Referral Cash will automatically expire and may not be transferred, assigned, or redeemed for cash. AS WITH ALL ACCOUNT CREDIT WITH TJ West, REFERRAL CASH CREDITS ARE NON-REFUNDABLE, NON-RETURNABLE, AND MAY NOT BE REDEEMED FOR CASH.

Additional Terms and Conditions

TJ West reserves the right to modify, suspend or terminate the Program in its entirety or in part at any time and for any reason in its sole discretion, notice of which may be provided through revisions posted on TJ West's website.
TJ West reserves the right to void any Referral Cash or credits issued by TJ West in the event of payment rejections or failures, or ineligibility of a participant, or in the event TJ West decides in its sole discretion that you have violated any of these Terms and Conditions or the TJ West Service Agreement (and any policies incorporated therein).
If in TJ West's opinion, there is any suspect or actual evidence of electronic or non-electronic tampering with any portion of the Program or the Referral Cash, or if a computer virus, bugs, unauthorized intervention, fraud, or technical difficulties or failures compromise or corrupt or affect the administration, integrity, security, fairness, or proper conduct of the Program, TJ West reserves the right at its sole discretion to disqualify or discontinue the participation privileges of any individual involved in any such harmful or illegal activities, and to modify or suspend the Program, or to terminate the Program. Discontinued participation privileges may result in the loss of all accumulated rewards benefits. Any attempt by an entrant or any other individual to deliberately damage any website or undermine the legitimate operation of the Program is a violation of criminal and civil laws and should such an attempt be made, TJ West reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Any attempts by an individual to access any website associated with this Program via a bot script or other brute force attack or any other unauthorized means will result in the IP address becoming ineligible, in addition to any other remedies available in law or in equity. Use of automated, programmed, falsified or the like entry devices or programs is prohibited and all such entries are void.
By participating in this Program, you agree and give consent to TJ West to transmit emails and other communications to you concerning this Program and your participation therein. Under this Program, an Eligible Referrer is able to use a TJ West fillable form web interface to transmit emails to Eligible Referree ("Referral Emails"), and to receive automatic updates about their Eligible Referrees' participation, including but not limited to email address, delivery confirmation of email invitation to referral, successful completion of Qualifying Purchase, amount of Qualifying Purchase, cancellation of service, failure to complete payment on a Qualifying Purchase, and other information about the Eligible Referrees as related to the administration of this Program. By participating in this Program, an Eligible Referree agrees that TJ West may share such information with the Eligible Referrer. Program participants agree to not use the Referral Email system to transmit SPAM or any other communication that is unrelated to this Program or that is not for the purpose of promoting TJ West's services, as determined in TJ West's sole discretion. TJ West is not responsible for any incorrect or inaccurate information supplied by customers or referred friends while participating in the Program.
By participating in this Program, you agree to TJ West's collection, use, and disclosure of any personal information you may submit for the purposes of administering the Program and Referral Cash, set forth in these Terms and Conditions, and set forth in our Privacy Policy. To learn additional information on how the personal information collected in connection with the Program may be used, individuals should refer to the TJ West Privacy Policy, located at http://www.tjwest.com/company/privacy.html. The terms of the TJ West Privacy Policy are incorporated herein by reference.
All questions or disputes regarding eligibility for the Program, earning of Referral Cash or credits, or a customer's compliance with these Terms and Conditions will be resolved by TJ West in its sole discretion. Any such inquiries should be directed to maywehelpyou (at) tjwest.com.
Any Referral Cash or credits are net of taxes and you must pay any applicable taxes.
This Program is void where prohibited by law. This Program and these Terms and Conditions are subject to all applicable federal, state and local laws and regulations.
If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms and Conditions, which will otherwise remain in full force and effect.

Governing Law

This Program and these terms and conditions will be interpreted, construed, and enforced in all aspects in accordance with the laws of the State of Virginia, without giving effect to any principles of conflicts of laws.

Limitation of Liability & Disclaimers

BY PARTICIPATING IN THE PROGRAM, PARTICIPANTS AGREE TO RELEASE, INDEMNIFY, DEFEND, AND HOLD HARMLESS TJ West, AND ALL OF ITS AFFILIATES, CONTRACTORS, SUBSIDIARIES AND EACH OF THEIR RESPECTIVE AGENTS, REPRESENTATIVES, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, EMPLOYEES AND ASSIGNS (COLLECTIVELY, "RELEASEES") FROM AND AGAINST ANY INJURIES, LOSSES, DAMAGES, COSTS, EXPENSES, CLAIMS, ACTIONS, AND LIABILITY OF ANY KIND RELATING TO OR ARISING OUT OF YOUR PARTICIPATION IN THE PROGRAM OR ACCEPTANCE, POSSESSION, USE, MISUSE OR NONUSE OF ANY REWARDS OR CREDITS YOU RECEIVE OR BELIEVE YOU SHOULD RECEIVE. THIS LIMITATION OF LIABILITY IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES, COSTS, EXPENSES AND DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION) COMPENSATORY, GENERAL, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; LOSS OR DAMAGE TO PROPERTY; AND CLAIMS OF THIRD PARTIES. TO THE EXTENT THAT THE LAWS OF CERTAIN STATES DO NOT PERMIT THE LIMITATION OR ELIMINATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, OR IF A PARTICIPANT PROVES WITHIN A COURT OF COMPETENT JURISDICTION THAT TJ West HAS IMPROPERLY DENIED THAT PARTICIPANT OF REWARDS OR CREDITS, LIABILITY WILL BE LIMITED TO THE EQUIVALENT VALUE OF ONE (1) CENT. BY PARTICIPATING IN THE PROGRAM, PARTICIPANTS WAIVE ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO SUCH MATTERS, INCLUDING A CLAIM OF AMBIGUITY IN THESE TERMS AND CONDITIONS, IN ANY FORUM BEYOND ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED.
PARTICIPANTS AGREE THAT RELEASEES HAVE NOT MADE NOR ARE IN ANY MANNER RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION, CONDITION OR GUARANTEE, WHETHER STATUTORY, EXPRESS OR IMPLIED (INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE), IN FACT OR IN LAW, RELATIVE TO THE PROGRAM OR ANY CREDITS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TJ West DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE TJ West WEBSITE, AND TJ West SHALL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS RELATED THERETO. RELEASEES ARE NOT RESPONSIBLE FOR PRINTING OR TYPOGRAPHICAL ERRORS IN ANY MATERIALS RELATED TO THE PROGRAM; FOR STOLEN, LOST, LATE OR MISDIRECTED CREDITS; OR FOR REFERRALS, TRANSACTIONS AND/OR EMAILS THAT ARE LOST, MISDIRECTED, FAIL TO ENTER INTO THE PROCESSING SYSTEM, OR ARE PROCESSED, REPORTED, OR TRANSMITTED LATE OR INCORRECTLY OR ARE LOST FOR ANY REASON INCLUDING COMPUTER, TELEPHONE, PAPER TRANSFER, HUMAN OR OTHER ERROR; OR FOR ELECTRONIC, COMPUTER, OR TELEPHONIC MALFUNCTION OR ERROR, INCLUDING INABILITY TO ACCESS ANY WEBSITE ASSOCIATED WITH THIS PROGRAM, OR PROCESS ANY TRANSACTION THEREON.