These Wish Referral Program Terms (“WRP Terms”) govern participation in a Wish Referral Program (“Programs”) including,  access to or use of Content (as defined below) as well as whether and how Wish shall make Payment (defined below). In these terms we refer to ContextLogic Inc. as “Wish” or “we” and to Program participants as “partner(s)” or “you.”  If you participate in the Programs, including by sharing a code or any other Content issued under the Programs, you agree to these WRP Terms. Use of Wish or related apps, such as Geek, Cute, Mama or Home, is governed by the ContextLogic Terms of Use and Privacy Policy, which are incorporated into these WRP Terms by reference, including the dispute resolution requirements of the Terms of Use.  

 

We may revise these WRP Terms or any additional terms and conditions that are relevant from time-to-time to reflect changes in the law or to the Programs. We will post the revised terms with a “last updated” date. Please check https://www.wishreferrals.com/terms-and-conditions on a regular basis to learn of any changes.

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1. Limited License. 

1.1 In connection with the Programs, we may provide you with data, images, trademarks or brand assets, URLs or other links and marketing tools (“Content”). Subject to compliance with these WRP Terms and solely for the limited purposes of participation in the Programs, we hereby grant you a limited, revocable, non-transferable, non-sublicensable, non-exclusive, royalty-free license to: (a) copy and display Content; and (b) use only those ContextLogic trademarks or brand assets contained within the Content (“Limited License”). 

1.2 Notwithstanding the foregoing, you shall not: (a) use the Content in any manner to communicate or suggest any sponsorship, affiliation or other connection between Wish and you other than your participation in the Program; or (b) take any action to harm, adversely affect or diminish the goodwill associated with the Content, including without limitation, filing trademarks or copyrights or registering domain names that are comprised of or include any Wish trademarks or brand assets, challenging Wish’s legal or other rights in and to any Content or using any Content in a manner that is disparaging or derogatory to Wish.  

1.3 You may use Content to encourage friends and acquaintances, business contacts or others to review or purchase items available on Wish.  Your Limited License shall automatically terminate if you do not timely comply with an obligation under these WRP Terms or upon termination of these WRP Terms. Upon termination, you must stop using the Content including removal from any sites or profiles or feeds that you maintain or control.  Except for the Limited License provided in these WRP Terms, Wish reserves all rights in and to the Content and all goodwill associated therewith.  All uses of the Content by you shall inure to the benefit of Wish, and you shall not acquire (directly or by implication) any right or license in the Content except as expressly provided for in these WRP Terms.

2. Compliance With Law.

 

You represent, warrant, and covenant that (a) your participation in the Program and your use of Content, will not violate (i) any applicable laws, regulations, rules, guidelines, codes of practice, industry standards, self-regulatory rules (including any rules governing communications, data protection, advertising, and marketing); or (ii) any contract or other binding obligation to any third party, including policies governing the use of various social platforms (e.g. FaceBook, Pinterest, YouTube, etc.); (b) you will follow the Guidelines spelled out below or elsewhere; (c) you are 18 or older or lawfully able to enter into contracts; (d) you are not the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are participating in the Program; and (e) the information you provide in connection with the Program is accurate and complete you will take reasonable steps to keep it in this condition.
 
3. Guidelines.

 

When you use Content or otherwise make referrals to Wish, you must: (a) be truthful and accurate; and (b) disclose that you can receive a benefit if people engage with Content or make purchases.  For example, you could say: “I earn money if you make a purchase” or a tweet could include “#sponsored.”  Also:
Review the FTC’s Endorsement Guidelines
Take a moment to get familiar with the applicable terms or policies of the platform (e.g. Facebook, YouTube, Instagram) you are using.
Don’t spam people. When you are sharing Content directly with friends or contacts, share it with people who you honestly think will be interested.
Don’t try to generate Payments (defined below) by encouraging or participating in deceptive or fraudulent activity.
 
4. Payments.
 
4.1 The goal of the Program is to encourage genuine and helpful recommendations to try Wish.  Wish will reward genuine activity as described below with the then-current fee consisting of Wish Cash or real world money (“Payment”).  Some purchases are eligible for a Payment and some are not.  We do not make any representation, warranty or covenant regarding the amount of Payments you can expect at any time in connection with the Programs, and we will not be liable for any actions you undertake based on your expectations.
 
4.2 Purchases that are not eligible for a Payment include: (a) any Purchase that takes place after your suspension or termination stemming from a violation of these WRP Program Terms or other applicable Wish terms or policies; (b) any purchase by You whether such Purchase is for yourself or family or friends; (c) any Purchase which is subsequently terminated by the purchaser, including a request to cancel/withdraw, return the item or obtain a refund, or a chargeback (“Purchase Cancellation”); (d) any purchase made by a customer that does not comply with the Wish Terms of Use; (e) any purchase resulting from or associated with paid search and bidding on “Wish” or other Wish trademarks or brand assets as a keyword or search term.
 
4.3 Referrals that are eligible include a purchase of an item that is consistent with these WRP Terms when the purchased item(s) have been shipped.
 
4.5 If we determine that a purchase for which a Payment was issued is no longer eligible for a Payment (as described above) or otherwise not in compliance with these WRP Terms, we may reverse the Payment by deducting the applicable amount from your account or set off future Payments against any Payments associated with Purchase Cancellations.  If there are insufficient funds in your account to cover the withdrawn Payment, you will not be able to withdraw additional Payments until your new Payments cover the shortfall amount. You shall provide Wish with information reasonably necessary to verify your compliance with these WPP Terms.  Wish shall have the final decision in any dispute over use of Content, purchases, Commissions, and your participation in the Program.

 

5. Limitation of Liability.  

 

NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING ANY LOSS OF REVENUE, PROFITS, GOODWILL, USE, OR DATA) ARISING IN CONNECTION WITH THE PROGRAM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. OUR TOTAL LIABILITY ARISING IN CONNECTION WITH THE PROGRAM WILL NOT EXCEED THE TOTAL FEES PAID OR PAYABLE TO YOU UNDER THIS AGREEMENT IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE EVENT GIVING RISE TO THE MOST RECENT CLAIM OF LIABILITY OCCURRED. YOU HEREBY WAIVE ANY RIGHT OR REMEDY IN EQUITY, INCLUDING THE RIGHT TO SEEK SPECIFIC PERFORMANCE OR INJUNCTIVE OR OTHER EQUITABLE RELIEF IN CONNECTION WITH THIS AGREEMENT. NOTHING IN THIS PARAGRAPH WILL OPERATE TO LIMIT LIABILITIES THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.
 
6. Indemnification.

 

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD WISH, ITS AFFILIATES AND LICENSORS, AND WISH’S AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AND REPRESENTATIVES, HARMLESS FROM AND AGAINST ALL THIRD PARTY CLAIMS, DAMAGES, LOSSES, LIABILITIES, COSTS, AND EXPENSES (INCLUDING ATTORNEYS’ FEES) RELATING TO (A) YOUR USE OF CONTENT; (B) YOUR VIOLATION OF ANY TERM OR CONDITION OF THIS AGREEMENT (INCLUDING ANY PROGRAM POLICY); OR (C) YOUR NEGLIGENCE OR WILLFUL MISCONDUCT.
 
7. Program.  

 

We reserve the right to modify, limit, terminate, discontinue, or cancel the Programs, their benefits and these WRP Terms at any time in our sole discretion. We may also change or cap the amount of Payments you may earn in any time period.  
 
8. Miscellaneous.
 
8.1 These WRP Terms, as supplemented by the Wish Terms of Use, constitute the entire agreement and understanding between you and Wish with respect to the subject matter hereof and supersede all other communications, whether oral or written, between the parties with respect to such subject matter.  You represent that you are not relying on any statement or guarantee about the Program except those contained in these WPP Terms.  Wish’s failure to enforce your strict performance of any provision of these WPP Terms will not constitute a waiver of Wish’s right to enforce such provision or any other provision of these WPP Terms.
 
8.2 You may not assign these WRP Terms, by operation of law or otherwise, without Wish’s prior written consent.  Any attempt to do so shall be void.  Subject to the foregoing restriction, these WRP Terms will be binding on, inure to, and be enforceable against the parties and their respective successors and assigns.