Udacity, Inc. ("Udacity") offers our alumni (“Members”) the chance to earn credits or discounts (“Referral Credits”) towards future purchases of our Nanodegree Online Course programs (each a “Nanodegree Program”) when they refer individuals new students (“Referred Users”) that sign up and pay for a new Nanodegree Program (“Referral Program”). The Member and the Referred User are collectively referred to as the “Participants.”
These Referral Program Terms and Conditions ("RPTC") governs how Participants may earn and spend credits and/or discounts through our website, www.udacity.com (“Site”). By participating in the Referral Program, you, Participant, agree to these RPTC, which are governed by our Terms of Use (“TOU”) and Privacy Policy, incorporated by this reference. No Participant is authorized to participate in the Referral Program, if s/he does not agree to these RPT in their entirety. Any terms not capitalized herein having the meanings given to them in the TOU. To the extent that any terms set forth herein directly conflict with the terms set forth in our TOU, the terms of this RPTC will control only to the extent in conflict.
ELIGIBILITY
Udacity reserves the absolute and sole right to (A) determine the eligibility of Users for their participation in the Referral Program and (B) prohibit the Users’ participation in the Referral Program at any time.
In order to avail the benefits/rewards under the Referral Program, the Participants shall ensure compliance with the following:
1. The Member shall have a valid User Account;
2. Member and Referred User each shall be a legal resident of the United States; and
3. Cannot be a resident of the following prohibited state(s): New York and California
EARNING AND SPENDING REFERRAL CREDITS
Participants can earn and/or spend Referral Credits subject to the following:
1. The Member shall share the unique invite link (the "Invite Link") as provided by Udacity through the User Account with the Referred User via such communication medium as notified by Udacity in its sole discretion including but not limited to via email, Facebook, WhatsApp and Twitter.
2. If new to Udacity, the Referred User shall create a User Account only through the Invite Link.
3. The Referred User shall (A) enroll in a Nanodegree program by paying the applicable fees through the User Account and (B) not cancel his/her subscription to that Nanodegree program or otherwise be removed from that Nanodegree program by Udacity.
4. Subject to the Referred User’s strict compliance with the RPTC, the Referred User shall receive a $50 Referral Credit in the form of a one-time use coupon subject to the Limitations and Exclusions set forth below.
5. Subject to Member’s strict compliance with this RPTC, Member will receive a $50 Referral Credit for each Referred User, which will be included in Member’s Referral Credit dashboard subject to the Limitations and Exclusions set forth below. This Referral Credit will be applied upon initial enrollment and payment in the applicable Nanodegree Program for Term/Cohort based programs and, for subscriptions, the Referral Credits will be applied upon initial subscription month and, if applicable, monthly thereafter until exhausted.
6. Each Participant is capped at no more than ten (10) - $50 Referral Credits annually (In other words, you can only earn up to $500.00 in Referral Credits per calendar year).
LIMITATIONS AND EXCLUSIONS ON EARNING AND SPENDING OF REFERRAL CREDITS AND COUPONS
• Referral Credits will expire on May 31, 2019 regardless of date earned ("Expiration Date"). Any unused Referral Credits that remain in a Participant’s account after the Expiration Date are forfeited by Participant and Udacity will have no liability to Participant for any unused and expired Referral Credits.
• Referral Credits have no value outside of the Site, can only be redeemed at Udacity.com for purchases of Nanodegree Programs, and are not considered cash and cannot be redeemed for cash.
• Referred Users are limited to one referral per program (e.g., you cannot receive two Referral Credits to a program from more than one individual. In the event that you invited more than once or by more than one person for the same Nanodegree program, the first referral received and utilized will be the official referral for a given program).
• Referral Credits are not transferable, are not for re-sale, barter, or trade, and cannot be applied to past purchases.
• Use of Referral Credits cannot be combined with any other offers, promotional codes, discounts, or coupons.
• Cannot be used by Members or Referred Users participating toward the Introduction to Programming Nanodegree program, or in any Nanodegree Program provided by, or offered through, Sponsored Services, Scholarships, or Educational Partners.
• Subject to Section (c) of Earning and Spending Referral Credits above, Members’ Referral Credits are subject to our refund policy for the specific Nanodegree Program (e.g., If you cancel within the first seven days, your Referral Credit will be reapplied to your dashboard and you will be able to utilize that Referral Credit toward the purchase of another Nanodegree Program, subject to any other restrictions and/or expiration set forth herein). Referred Users who receive Referral Credits in the form of a one-time use coupon are not entitled to any refund of the Referral Credit amount once that coupon has been redeemed.
PARTICIPANT CODE OF CONDUCT
The following list sets forth standards of conduct that you must comply with in order to be eligible for participation in the Program.
• Participant must not send unsolicited commercial emails, "spam", or bulk email distribution to individuals Participant is not personally connected with. Additionally, any commercial or other marketing communication Participant publish or send cannot hide or mislead as to the subject matter or sender of the solicitation and must include a means for the recipient to opt-out of such communications. Invite Links should not be distributed via commercial websites (such as coupon websites). Failure to adhere to these requirements, may be a violation of the Controlling the Assault of Non-Solicited Pornography And Marketing (CAN-SPAM) Act of 2003 and/or analogous federal, state, and international laws.
• Federal, state, and international privacy laws govern how and when Participant can collect information on an individual, how Participant can use that information, and when Participant can share that information with others. Participant must comply with all such laws and regulations, including, but not limited to, providing a clear and accurate disclosure to the recipient regarding why Participant collects any such information and how it is used, stored, and shared. The U.S. Federal Trade Commission ("FTC") also provides useful information on privacy obligations.
• Participant must not send, publish, or share any false, misleading, or deceptive advertising or communications in connection with Participant’s participation in the Referral Program. Such actions violate various federal, state, and/or international laws, including, but not limited to, the regulations and policies promulgated by the FTC.
• When endorsing, or providing a testimonial for, a company, product, or service, Participant must comply with all applicable federal, state, and international laws and regulations. For example, the FTC requires that, if Participant receives something of value (e.g., a free product) in return for Participant’s endorsement/testimonial, Participant must disclose in the testimonial/endorsement that Participant has received something of value for his/her statement. If the endorsement/testimonial is provided in social media or native advertising, Participant will need to identify it as "Sponsored", “Ad”, or another disclosure that identifies the paid nature of the statement. The FTC provides guidance on proper disclosures relating to testimonials and endorsements.
• Participant must not send any Invite Links to any children under the age of 13. Additionally, Participant must not send or post any Invite Links on any websites intended for, or targeted at, children under the age of 13.
• Participant must not create, or enable others to create, fake, fraudulent, and/or unsubstantiated Invite Links (e.g., if Participant has never participated in a Nanodegree program, s/he cannot say s/he recommends that Nanodegree program).
• Participants cannot use any technology or other automated system, script, or bot to generate Referral Credits.
• Participant must not, directly or indirectly, do anything to damage, tamper with, or corrupt the operation of the Program, any referral links or code Udacity provides to Participant, or our Services generally.
• Participant must not, directly or indirectly, annoy, harass, or abuse any other person through his/her participation in the Program.
• Participant cannot refer themselves in order to obtain credits, including, but not limited to, creating multiple Udacity accounts and/or sending a referral to one or more of Participant’s alternate email address(es).
• Participant must comply with all trademark guidelines in connection with any pre-approved use of our logos.
• Participant must not participate in any activity that Udacity determines, in its sole discretion, places Udacity in a bad light, violates Udacity’s Terms of Use or Privacy Policy, or is inconsistent with the intended operation of the Program or Udacity’s Services in general.
Udacity shall be the sole adjudicator in cases of suspected abuse, fraud, or breach of these RPTC by the Participant. The Participant shall have no right to dispute her prohibition on participation in the Referral Program by Udacity. The decision of Udacity shall be final and binding on the Participant in this regard.
CANCELLATION OF REFERRAL CREDITS AND/OR PARTICIPATION
Udacity may delay the awarding of any credits to you pending validation or investigation of your compliance with our Terms of Use and this RPTC. If Udacity determines, in its sole discretion, that you’ve violated any of the terms of this RPTC or any of its other policies, or that your participation in the Program violates the spirit of Program and/or puts Udacity in a bad light, you will be removed from the Referral Program and you will forfeit any credits earned up to and including the date of your removal from the Referral Program.
CHANGES TO THE REFERRAL PROGRAM TERMS AND CONDITIONS OR REFERRAL PROGRAM
Udacity reserves the right to modify these RPTC at any time, at its sole discretion, and without notice to Participants. As a Participant, your continued participation in the Referral Program constitutes your binding acceptance of the RPTC. If at any time the RPT are no longer acceptable to you, you should immediately cease participation in the Referral Program.
The Referral Program is temporary in nature. Udacity reserves the sole and absolute right to change, terminate, suspend or modify all or any part of the Referral Program.
TAX
The rewards by Udacity through the Referral Program to the Participants may be taxable. State and local tax laws may apply to the Participants. Participants are solely responsible for reporting such reward by Udacity on their tax returns and paying any associated tax liability.
RELEASE
Udacity, its employees, officers and directors are not responsible or liable for any damages, or economic or emotional loss because of the Members’ and/or the Referred Users’ participation in the Referral Program. Participant releases Udacity, its employees, officers and directors from any and all claims, including claims that acts or omissions by Udacity, resulted in any damages, or economic or emotional loss because of the Members’ and/or the Referred Users’ participation in the Referral Program and/or use of the Referral Credits.
INDEMNIFICATION
Participants agree to indemnify, defend, and hold Udacity and its employees, officers, directors representatives and agents harmless from and against any and all third-party claims, demands, liabilities, costs, or expenses, including attorney’s fees and costs, arising from, or related to any breach by the Participant of any of the terms and conditions of the RPTC or any violation by the Participant of the applicable law.
DISCLAIMER OF WARRANTIES
The Referral Program is provided on an "as is" and “as available” basis and Udacity expressly disclaims all warranties, conditions and terms of any kind, whether express or implied by statute, common law or custom, including, but not limited to, promises as to products or services offered through the Referral Program.
GENERAL
The failure of Udacity to exercise or enforce any right or provision of these RPTC shall not constitute a waiver of such right or provision. If any provision of these RPT is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these RPT remain in full force and effect. The section titles in these RPTC are for convenience only and have no legal or contractual effect. A person who is not a party to these RPTC shall have no right to enforce or receive the benefit of any of these RPTC.