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Eligibility
The Program is open to Oberweis Dairy Home Delivery service
members (“Current Members”) whose accounts are in good
standing as of the date the New Customer (as defined below)
provides the Current Member’s name and address as the person
who referred the New Customer to Oberweis Home Delivery (the
“Referring Customer”) and on the date the bounty is earned.
Employees, officers, directors and agents of Oberweis Dairy,
Oberweis Asset Management, or Oberweis Securities, or family
members or persons living in the same household of any of
the foregoing are not eligible to participate in the
Program.
Program
A “New Customer” is an individual or entity that
registers for the Home Delivery service using Oberweis
Dairy's Internet Online Sign Up process and who: (1)
provides the name and address of one Current Member in the
box designated for referrals during the registration process
for the Home Delivery service; (2) elects payment by credit
card and provides a valid credit card, direct withdrawal or
by check; and (3) remains an active member with an account
in good standing for the first three months following the
date of registration. A New Customer cannot be: (1) a
Current Member; (2) a former Oberweis Dairy customer; (3)
any customer that registers over the telephone or elects to
pay for the Home Delivery service by any method other than
credit card, direct withdrawal or check or (4) any employee,
officer, director or agent of Oberweis Dairy, Oberweis Asset
Management, or Oberweis Securities, or any family member or
person living in the same household of any of the foregoing.
A Current
Member becomes a Referring Customer only if the New Customer
provides the Current Member’s name and address in the box
designated for referrals during the online
registration process. Referring Customers may earn a
one-time bounty for each person they refer to become an
Oberweis Home Delivery Customer who becomes a New Customer.
A New Customer
may indicate only one Current Member. No referrals,
corrections or updates may be provided after registration is
completed.
Bounty
The amount of the one-time bounty payable for each New
Customer attributable to a particular Referring Customer is
set forth on the Oberweis Dairy Refer-a-Friend web page at
http://www.oberweis.com/web/referral_new.aspx.
A
Referring Customer will earn the applicable bounty only when
a New Customer satisfies all of the required conditions.
Oberweis Dairy reserves the right to determine, in its sole
discretion, whether a particular referral or New Customer is
ineligible or fraudulent, and may withhold bounty payments
pending such determination. Ineligible or fraudulent
referrals or New Customers do not qualify for bounties.
Payment
Oberweis Dairy will pay bounties to Referring Customers on
or about 30 days after the bounties are earned. Payment will
be made in the form of a credit to the Referring Customer's
account profile. To update your profile you should contact
the Oberweis Dairy Customer Service Department at
1-866-OBERWEIS (1-866-623-7934). Referring Customers are
responsible for providing correct address information at all
times. Please report any problems or questions to
homedelivery@oberweis.com. |
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Changes
Oberweis Dairy may, in its sole discretion, suspend,
discontinue or alter any aspect of the Program at
any time, without notice, and without liability,
including but not limited to the nature of the
bounty. Review these Rules, which will be available
through our website,
periodically for updates or changes. Oberweis Dairy
may terminate or suspend your participation in the
Program at any time. For the latest version of these
Rules, you may also email us at
homedelivery@oberweis.com.
Continued participation in the Program after a
modification constitutes an affirmative
acknowledgment by you of any modification and your
consent to abide by the terms thereof.
Warranty Disclaimer; Limitations; Indemnification
Oberweis Dairy is not responsible for malfunctions
of electronic equipment, computer hardware or
software, technical problems of any kind related to
online registrations, or for lost, late, illegible,
incomplete, misdirected or postage due mail,
registration forms or payments.
EXCEPT
AS EXPRESSLY INDICATED OTHERWISE, OBERWEIS DAIRY
HEREBY DISCLAIMS ALL STATUTORY OR IMPLIED
WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT. IN NO EVENT SHALL OBERWEIS
DAIRY BE LIABLE OR OBLIGATED UNDER THIS AGREEMENT
WHETHER UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY
OR OTHER LEGAL OR EQUITABLE THEORY, FOR (I)
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR
EXEMPLARY DAMAGES, SUCH AS, BUT NOT LIMITED TO, LOSS
OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS,
OR (II) ANY AMOUNT IN EXCESS OF THE AMOUNT PAYABLE
BY OBERWEIS DAIRY TO A REFERRING CUSTOMER HEREUNDER.
By
referring a New Customer or accepting a bounty,
Current Members and Referring Customers agree to
abide by these Rules and to defend, indemnify and
hold Oberweis Dairy and its successors and assigns
harmless from and against all claims, suits and
proceedings and any and all damages, liabilities
costs and expenses (including reasonable attorneys'
fees and court costs) incurred by Oberweis Dairy as
a result of any and all such claims, suits and
proceedings against Oberweis Dairy arising from a
Current Member’s or Referring Customer’s actions,
his or her participation in the Program or with
respect to the awarding, receipt, possession or use
of any bounty.
The
Refer-a-Friend program shall be governed by and
construed in accordance with the laws of the State
of Illinois without regard to conflicts of laws
provisions thereof. In the event that any of the
provisions of the Program shall be held by a court
of competent jurisdiction to be unenforceable, such
provisions shall be limited or eliminated to the
minimum extent necessary so that this program shall
otherwise remain in full force and effect and
enforceable. These Rules contain the entire
understanding of the parties hereto with respect to
the transactions and matters contemplated herein and
supersede all previous agreements, communications
and understandings and course of dealing between
Oberweis Dairy, any New Customer, Current Member or
Referring Customer. These rules were created on
March 21, 2003 and updated on November 12, 2008.
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