Terms & Conditions
Refer a Friend Terms & Conditions
This Agreement is made and entered into by and between AUSTIN CAPITAL BANK, located at 8100 Shoal Creek Blvd. Austin, Texas 78757 (“Company”, “we”), and participants (“Member”, “you”) (individually referred to as “Party”, collectively “Parties”) of our Refer a Friend program (“Program”), whereby the Member will market Company’s products services in exchange for a Referral Bonus. By participating in our Program, you accept the terms and conditions contained in this agreement (“Member Agreement”, “Agreement”), as well as the specific account offer terms that correspond with the invitation and referral link you use to invite your friends to participate.
Credit Strong, a division (“Credit Strong”) of the Company, offers financial products and services (“Services”). Company hereby grants to Member a nonexclusive, nontransferable right to market and otherwise promote Credit Strong Services to customers. Credit Strong Services that are eligible to earn referral fees under the rules set forth are referred to as "Qualifying Services."
This Program is available online only to active account holders in good standing of Credit Strong. In order to be eligible to receive a Referral Bonus, your account must be active and free of delinquencies and late payments. Your eligibility to participate in the Refer a Friend program is subject to Credit Strong’s discretion; factors we may consider in determining eligibility include but are not limited to your account history with Credit Strong. Eligible account holders that participate in the Program are known as Members.
Company may, at its sole discretion, refuse service to any customer.
A “Qualified Referral” is a customer referred by you that satisfy the following conditions: i) first time Credit Strong customer; ii) follow your unique “Referral Link” to our site; iii) select a product, sign a contract, and pay their one-time non-refundable administration fee in full; iv) satisfies their first loan payment. This program intends for you to only refer interested friends, family, and known acquaintances to the program. Using your Referral Link when opening additional Credit Strong Accounts for yourself is considered a violation of the Program terms. Credit Strong Accounts, earning and redemption of rewards are all subject to Credit Strong Account Terms & Conditions (“Credit Strong Agreement”).
For Qualified Referrals that use your Special Link, we will make best efforts to attribute your Qualified Referrals. We cannot, however, guarantee the payment of Referral Bonus on any Qualified Services that are purchased after the customer has reentered our site (other than through a Special Link), as determined by us, even if the customer previously followed a link from your site to our site, if for any reason we are unable to identify you as the referring Member (for example, if the customer returns to our site using different computer and/or email address). In cases where the two or more Members invite the same individual to open an account (“Account”), we will credit the reward to the person whose Referral Link was used to complete the sign-up process.
Due to the confidential nature of the approval process, you will not be notified of whether we approve or decline any application(s) from individual(s) you refer.
You will receive an electronic gift card (“Referral Bonus”) for each new based on number of Qualified Referrals. Current Referral Bonus can be seen in your customer portal. The number of Referral Bonuses you can receive are limited; you can review the maximum amount of Referral Bonuses you can receive in your customer portal. Please note that Referral Bonus may vary by account product.
After each Qualified Referral is approved, please allow 3-7 business days for the Referral Bonus to post to your Refer a Friend Account. The Referral Bonus might be considered taxable income, you are responsible for any federal or state taxes resulting from any Referral Bonus. Please consult your tax advisor if you have questions about the tax treatment of a Referral Bonus.
Whenever and wherever you share your Referral Link to a friend under the Program, any additional statements you make, of which are not provided by Credit Strong, about our products or the Program, must be:
- Consistent with the content and materials we provide you and/or your friends.
- Truthful, accurate, factually supported, transparent, and reflect your honest beliefs, opinions, or experiences with your account.
- Any modification or efforts to bypass, manipulate, obscure, or otherwise modify the delivery and accurate presentation of the Referral Link, sharing tools, content, disclosures or other materials and instructions we provide will be considered a violation of these terms.
- When inviting a friend to participate in the Program for purposes of earning yourself a Referral Bonus, you must make sure your friend knows you could receive a reward from Credit Strong if they are approved for a new account.
- You should not publish or distribute your referral links in locations where the audience is likely to include individuals you do not know or who may not be interested in the Program.
- To the extent you decide to post your referral link on any third-party website or platform, such as a social media website, you must:
- make it clear to those who view your post that you will also receive a reward if they are approved for a new account.
- You should also be aware that by engaging in such activity on a third-party site (1) you will be, at your own risk, subjecting yourself to those third-party sites' privacy, security and consumer practices and policies which Credit Strong does not endorse or control, and (2) that those third-party sites may be able to tell, based on your activity, that you are a Credit Strong accountholder.
- You also acknowledge and accept that the friends you refer will be able to tell that you are a Credit Strong accountholder.
- Please note, when using the email tool we provide, Credit Strong reserves the right to limit, cancel, or revoke Referral Bonuses if Credit Strong determines, in its sole discretion, that you have violated these terms and conditions, or if we restrict or close your account pursuant to our Account Member Agreement with you.
- Member further agrees (1) to be solely responsible for all expenses and fees incurred in connection with this program; (2) use best efforts to successfully market, advertise and sell Qualified Services during the term of this Member Agreement; (3) not engage in any deceptive, misleading, illegal, or unethical practices that may be detrimental to the Company or its products or services; (4) not make any representations, warranties, or guarantees on behalf of the Company, or otherwise concerning Services that are inconsistent with or in addition to any such representations, warranties, or guarantees made by the Company; and (5) use the then-current name as used by the Company (but will not represent or imply that Member is a partner or employee of the Company).
Separate terms apply to your friend’s Referral Bonus. Your Member Agreement governs all participation in the Program and these terms and conditions do not in any way amend, supersede, change, or Credit Strong T&Cs. Your Credit Strong Agreement includes important terms applicable to your use of the Account which continue to apply here. For example, your Credit Strong Agreement contains a “Claims Resolution” provision, with a provision regarding binding arbitration that affects your rights with respect to the use of your Account. That provision applies to any disputes between the Company and Member from these terms and conditions. You can call the Credit Strong customer support number for more information at 833-850-0850.
Changes to the Program or these Terms
Credit Strong reserves the right to suspend, cancel, terminate, or modify this Program, Member Agreement and/or any Referral Bonus made through this program at any time in our sole discretion.
- You are deemed to be aware of and bound by such changes by your continued access to or participation in the Program.
- We will indicate that changes have been made by updating the “Last Updated;” date located above at the beginning of these terms and conditions. If you do not accept any such changes, your sole and exclusive remedy is to cease participation in the program.
In addition, you may not: (1) read, intercept, record, redirect, interpret, or fill in the contents of any electronic form or other materials submitted to us by any person or entity; (2) in any way modify, redirect, suppress, or substitute the operation of any button, link, or other interactive feature of our site; (3) sign a contract, register a payment method, or submit a payment, or engage in other transactions of any kind on our site on behalf of any third-party, or authorize, assist, or encourage any other person or entity to do so; (4) take any action that could reasonably cause any customer confusion as to our relationship with you, or as to the site on which any functions or transactions are occurring; or (5) post or serve any advertisements or promotional content around or in conjunction with the display of our site (e.g., through any "framing" technique or technology or pop-up windows), or assist, authorize, or encourage any third party to take any such action. If we determine, in our sole
discretion, that you have engaged in any of the foregoing activities, we may (without limiting any other rights or remedies available to us) withhold any referral fees otherwise payable to you under this Agreement and/or terminate this Agreement.
License Grant of Company marks subject to all the terms and conditions of the Member Agreement. We hereby grant the Member a nonexclusive, non-transferable license to use the Company trademarks, logos, and copyrighted material ("Company Marks") solely in connection with promoting the Qualified Services. Member hereby acknowledges and agrees that (1) the Company Marks are owned solely and exclusively by Company or its affiliates, (2) except as set forth herein, Member has no right, title, or interest in or to the Company Marks; and (3) all use of the Company Marks by Member shall inure to the benefit of Company and its subsidiaries. Member agrees that it shall not engage, participate, or otherwise become involved in any activity or course of action that diminishes and/or tarnishes the image and/or reputation of Company or of any Company Mark.
Use and Display of Company Marks
Member acknowledges and agrees that the presentation and image of Company Marks should be uniform and consistent with respect to all services, activities and products associated with the Company Marks. Accordingly, member agrees to use the Company Marks solely in the way Company shall specify from time to time in Company’s sole discretion.
Violation of Terms
Members agree to abide by the Program terms, any violation of these terms will result in immediate termination of your participation in the Program, and at Credit Strong’s discretion, may result in cancelation of your Credit Strong accounts. If a violation of terms occurs, the Member forfeits any Referral Bonus.
Term & Termination
The term of this Agreement shall continue until it is terminated. Either party may terminate the Member Agreement at any time upon providing written notice to the other party.
Upon expiration or termination of this Member Agreement for any reason, all rights, and obligations of the parties under this Agreement shall be extinguished, except for any provisions of this Agreement that should reasonably survive expiration or termination shall survive such expiration or termination.
Member shall defend, indemnify, and hold Company, its affiliates, and any of their officers, directors, agents, and employees harmless from and against any action, claim or suit brought against Company or its affiliates, including any and all losses, damages, costs, and expenses (including reasonable attorneys’ fees) arising from or out of: (1) any breach or alleged breach by Member of any representation, warranty or other obligation of Member under this Agreement; (2) any alleged or actual violation by Member of any laws, policies, guidelines, regulations, ordinances, rules and/or orders of any governmental authority or regulatory body having jurisdiction over Company and the subject matter hereof; (3) the negligence or willful misconduct of Member, its employees or agents; or (4) Member’s advertising, marketing, promotion, sale, or distribution of any of the Qualifying Services.
Member shall not, directly, or indirectly, disparage the Company, any Company Mark (including trademarks, service marks and other such marks, registered or not and/or the Company Services), during the term of this Agreement and for a period of twelve months thereafter. Furthermore, Member shall not solicit or hire any employee or consultant of Company to leave their employment or consulting relationship with Company during the term of this Agreement and for a period of twelve months thereafter.
NON-COMPETITION & NON-SOLICITATION
In order to protect the legitimate business interests of Company, Member agrees that during the term of this Agreement and for a period of 24 months thereafter, Member or its stakeholders will not directly or indirectly, whether as owner, sole proprietor, partner, shareholder, director, member, consultant, agent, founder, co-venture partner or otherwise, (1) do anything to divert or attempt to divert from Company any business of
any kind, including, without limitation, solicit or interfere with any of Company’s customers, clients, members, business partners or suppliers, (2) engage, invest, or participate in any business that is similar to those which Company has created or has under development during the business relationship.
If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. The Parties agree to replace any invalid provision with a valid provision, which most closely approximates the intent and economic effect of the invalid provision. Headings are used for convenience of reference only and in no way define, limit, construe or describe the scope or extent of any section, or in any way affect this Agreement.
This Agreement does not confer on either Party any rights that are exclusive. Each Party is free to contract with others with respect to the subject matter of this Agreement.
Relationship of the Parties
The Parties are independent contractors and nothing in this Agreement shall make them joint venturers, Companies, employees, agents, or other representatives of the other Party. Neither Party shall make any representation that suggests otherwise.
This Agreement will be governed by the laws of the United States and the state of Texas, without reference to rules governing choice of laws. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver
of our right to subsequently enforce such provision or any other provision of this Agreement.
COMPANY HEREBY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE PROGRAM AND THE COMPANY SERVICES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTY OF MERCHANABILITY AND THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY SERVICES ARE PROVIDED ON AN “AS IS” BASIS.
LIMITATION OF LIABILITY
COMPANY SHALL NOT BE LIABLE OR OBLIGATED UNDER ANY SECTION OF THIS AGREEMENT, OR UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES IN CONNECTION WITH THIS AGREEMENT, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL COMPANY BE LIABLE TO DISTRIBUTOR OR ANY THIRD PARTY IN AN AGGREGATE AMOUNT GREATER THAN THE AMOUNT PAID TO DISTRIBUTOR BY COMPANY HEREUNDER DURING THE THREE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.