Terms & Conditions

Customer Referral Program Terms and Conditions

Last Update October 25, 2024

Ecodry Restoration of Arizona LLC, Ecodry Restoration of Utah LLC and Ecodry Restoration of Nevada LLC (collectively, “Ecodry” or “We”) offers brand supporters (“Referrer” or “You”) the opportunity to participate in its referral program (the “Program”). We reserve the right to amend or terminate the Program at any time, for any reason. The Program is administered by Ecodry.

Referrers are bound by these Terms and Conditions by participating in the Program. By participating in the Program, Referrers agree to use the Program in the manner specified in these Terms and Conditions. If you do not agree to these Terms and Conditions in their entirety, you are not authorized to register as a Referrer or to participate in the Program in any other manner. Referrers may not participate in the Program where doing so would be prohibited by any applicable law or regulations.

We reserve the right to modify or amend at any time these Terms and Conditions and/or the methods through which rewards are earned. We reserve the right to disqualify any Referrers from participation in the Program at any time at our sole discretion, including without limitation if he/she does not comply with any of these Terms and Conditions or otherwise fails to comply with any applicable laws (including, without limitation, through any failure to include any disclosures as required by the FTC or otherwise required by Ecodry).

I. How the Program Works

A. Program Participation, Generally

1. To participate in the Program, Referrers should visit Ecodry in person or visit EcodryRestoration.com/Referral and follow the on-screen instructions to apply to participate in the Referral Program.

2. Individuals who receive a referral via a Referrer are “Customers” (or, singly, a “Customer”). An “Eligible” Referrer who is fully compliant with these Terms and Conditions may receive “Reward(s)” for every “Qualified Referral” (all terms in quotes to be understood as defined below).

3. By participating in the Program, a Referrer represents that he or she has their Customer’ prior consent to provide their contact information.

B. Eligible Referrer

1. To be “Eligible,” a Referrer must:

2. Be a legal resident of the United States of America;

3. Be at least 18 years old;

4. Registered with Ecodry to participate as a Referrer;

5. Provide Ecodry with a completed Form 1099; and

6. Designate whom you wish Ecodry to make payment out to (can be issued either to an individual or to a business name).

C. Making a Referral

1. A Referrer must register in person or online at EcodryRestoration.com/Referral to make a referral. No previous purchase is required (purchasers and non-purchasers alike are eligible).

2. Referrers can then either (a) with the Customer’s consent, call Ecodry’s Dispatch line to schedule a complimentary assessment of the property damage for the Customer, or (b) provide the Customer with the Dispatch Line phone number directly so they can give us a call.

3. Referrers must respect the spirit of the Program by only referring real individuals who meet the requirements of these Terms and Conditions. Referrers cannot refer themselves.

D. Qualified Referrals

A “Qualified Referral” means that all the following conditions are met:

• The Customer has suffered a loss to their property that requires mitigation assistance;

• The Customer hires Ecodry to perform mitigation work;

• The Customer had not previously made a purchase with Ecodry in the past; and

• The Customer is a) a legal resident of the United States of America and b) at least 18 years old.

E. Earning Rewards

1. Referrer shall receive one (1) reward (each, a “Reward”) in the form and value determined by Ecodry for each verified Qualified Referral generated by Referrer. There are no limits on how many Rewards a Referrer can earn in a year.

2. Rewards may be redeemed in various forms in Ecodry‘s sole discretion, including, but not limited to in the form of a check or gift card. Restrictions may apply. For example, if the Reward is in the form of a gift card, gift certificate or voucher, it may be subject to the issuer’s terms and conditions.

3. Rewards may be redeemed the same business day that a Qualified Referral signs up to utilize Ecodry’s services, so long as (a) the sale is made during business hours of Monday through Thursday from 9am to 4pm and Friday from 9am to 3:00pm, and (b) the Referral is physically present at the Ecodry Office during those business hours to pick up the check. If a Referrer is not physically present or a sale is made outside of business hours then the Referrer must wait until the next business day to pick up the Reward.

F. Verified Qualified Referrals

Rewards are subject to verification. Ecodry may delay a Reward for the purposes of investigation. Ecodry may also refuse to verify and process any transaction Ecodry deems, in its sole discretion, to be fraudulent, suspicious, in violation of these Terms and Conditions, or believes will impose potential liability on Ecodry, its subsidiaries, affiliates or any of their respective officers, directors, employees, representatives and agents. All of Ecodry’s decisions are final and binding, including decisions as to whether a Qualified Referral, or Reward is verified.

G. Transfer of Rewards

Rewards are not transferable and may not be auctioned, traded, bartered or sold. Upon termination of the referral program or any portion thereof for any reason, any unredeemed Rewards that have not yet been delivered to Referrer are forfeited.

I. Offsets for Cancellations

Rewards are subject to offset future rewards, at Ecodry’s sole discretion, in the event that a Qualified Referral later cancels the service after the Referrer has already been paid.

II. Privacy

Referrers may participate in the Program made available by Ecodry in order to refer their Customers to Ecodry as potential new Ecodry customers. To do this, Referrers must necessarily submit personal information about themselves and their Customers, such as name, address, phone and e-mail address information, so that Ecodry can send communications to the Customer. The personal information will be collected, processed and used in accordance with Ecodry’s Privacy Statement, which can be found at http://www.ecodryrestoration.com/privacy. Referrers understand that, in addition to the initial communications to Customers, Ecodry may also use the personal information to send to Customers additional follow-up communications in order to encourage or remind the Customer to complete a purchase. The personal information may also be used by Ecodry to contact Referrers with regards to their participation in the Program and to send to Referrers additional communications from Ecodry.

III. Content Ownership and Use

Ecodry’s Program contain content that includes: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other content (collectively, “Content”). As between Referrer and Ecodry, all Content is the property of Ecodry or its licensors and is protected under copyright, trademark, and other laws. The compilation (meaning the collection, arrangement, and assembly) of all Content on Ecodry’s online website or the Program is the exclusive property of Ecodry and is protected by copyright, trademark, and other laws.

A. Trademarks

The registered or unregistered logos, product and service names contained in Ecodry’s online platform or the Program are or may be trademarks of Ecodry or its licensors (the “Marks”). Without Ecodry’s prior written permission, you agree not to display or use in any manner the Marks.

IV. Liability

A. By participating in the Program, Referrers agree to:

1. Be bound by these Terms and Conditions, the decisions of Ecodry and its designees, and the Privacy Policy of Ecodry;

2. Defend, indemnify, release and hold harmless Ecodry, its parent companies, affiliates and subsidiaries, together with their respective employees, directors, officers, licensees, licensors, shareholders, attorneys and agents including, without limitation, their respective advertising and promotion entities and any person or entity associated with the production, operation or administration of the Program (collectively, the “Released Parties”), from any and all claims, actions, demands, damages, losses, liabilities, costs or expenses caused by, arising out of, in connection with, or related to Referrers’ participation in the Program (including, without limitation, any property loss, damage, personal injury or death caused to any person(s) and/or the awarding, receipt and/or use or misuse of the Program or any Reward); and

B. ECODRY shall not be liable for:

1. Late, lost, delayed, stolen, misdirected, incomplete, unreadable, inaccurate, unreliable, garbled or unintelligible entries, communications or affidavits, regardless of the method of transmission;

2. Telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors;

3. Data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials;

4. Any printing, typographical, administrative or technological errors in any websites or materials associated with the referral program;

5. Claims, demands, and damages in disputes among Referrers or between Referrers and Customers; or

6. Any other injuries, losses or damages of any kind resulting from acceptance, possession or use of a reward, or from participation in the Program, that were not reasonably foreseeable to Ecodry at the relevant time.

C. Ecodry shall not be liable to any Referrer for failure to supply any Reward or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasigovernmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, tornado, tsunami, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slowdown, civil disturbance, insurrection, riot, or any other similar or dissimilar cause beyond any of the released parties’ control.

D. Ecodry reserves the right to cancel or suspend the Program should Ecodry determine, in its sole discretion, that the administration, security or fairness of the Program has been compromised in any way.

E. Disclaimer of Warranties

REFERRERS EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE PROGRAM IS AT YOUR SOLE RISK; THE PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ECODRY EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS AND TERMS (COLLECTIVELY, “PROMISES”) OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR CUSTOM, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED THROUGH THE USE OF THE PROGRAM, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT; AND (B) ECODRY MAKES AND GIVES NO WARRANTY THAT (i) THE PROGRAM WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (ii) THE RESULTS OBTAINED FROM THE USE OF THE PROGRAM WILL BE ACCURATE OR RELIABLE, (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE PROGRAM WILL MEET YOUR EXPECTATIONS, AND (iv) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.

G. Limitation of Liability and Indemnification

1. REFERRERS EXPRESSLY UNDERSTAND AND AGREE THAT ECODRY (INCLUDING ANY VENDORS AND SERVICE PROVIDERS ASSOCIATED WITH OR ASSISTING IN PROVIDING THE PROGRAM) SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ECODRY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE PROGRAM; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE PROGRAM; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR THROUGH THE PROGRAM; OR (iv) ANY OTHER MATTER RELATING TO THE PROGRAM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.

2. TO THE FULLEST EXTENT POSSIBLE BY LAW, ECODRY’S (INCLUDING ANY VENDORS AND SERVICE PROVIDERS) MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), SHALL NOT EXCEED $100 USD.

3. REFERRERS SHOULD USE THE PROGRAM AT THEIR OWN RISK.

V. Conduct

A. If a solution cannot be found to restore the integrity of the Program after the occurrence of Prohibited Conduct (as defined below), Ecodry reserves the right to cancel, change, or suspend the Program or Referrer’s use of the Program.

B. Prohibited Conduct, Generally

Referrers agree not to use the Program to:

• Violate applicable law, including, but not limited to, insurance fraud;

• Unduly influence Customers to use Ecodry’s services;

• Infringe the intellectual property rights of Ecodry or any third parties;

• Stalk, harass, or harm another individual;

• Collect or store personal data about other Referrers;

• Impersonate any person or otherwise misrepresent Referrer’s identity;

• Interfere with, disrupt or violate the Terms and Conditions or servers or networks connected to the Program; or disobey any requirements, procedures, policies, or regulations of such networks;

• Interfere with another Referrer’s use of the Program;

• Conduct any illegal activity or solicit the performance of any illegal activity or other activity that infringes the rights of others;

• Resell, barter, trade, auction or otherwise generate income by providing access to the Program to others.

C. Fraudulent and Suspicious Behavior

1. Ecodry may prohibit a Referrer from participating in the Program or receiving a Reward, in Ecodry’s sole discretion, if Ecodry determines that such Referrer is attempting to undermine the fairness, integrity or legitimate operation of the Program in any way by cheating, hacking, deception, or any other unfair playing practices of intending to annoy, abuse, threaten or harass any other Referrers or any representatives of Ecodry.

2. Ecodry may prohibit a Referrer from participating in the Program or receiving a Credit or Reward, in Ecodry’s sole discretion, if Ecodry determines that such Referrer is aiding or abetting in conduct that may be considered to be insurance fraud.

3. Use of any affiliate website, affiliate network properties, automated systems, script, or macro to participate is strictly prohibited and will result in disqualification.

4. Referrers may not enter with multiple or fake emails addresses or accounts, use fictitious identities or use any system, bot or other device or artifice to participate in the Program or receive a Reward.

5. Ecodry reserves the right to disqualify any Referrer and/or cancel any Reward(s) if Ecodry finds a Referrer to be tampering with the entry process or the operation of the Program or violating these Terms and Conditions in any way.

6. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE PROGRAM. SHOULD SUCH AN ATTEMPT BE MADE, ECODRY RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

VI. Applicable Law; Arbitration; Class Waiver; and Waiver of Jury Trial.

A. Any and all disputes, claims and causes of action arising out of or related to the Program or any Reward or other prize awarded pursuant to the Program or to this agreement shall be resolved under Arizona law (without reference to its conflicts of laws principles).

B. Referrers and Ecodry agree to submit to the personal and exclusive arbitration of any disputes relating to the use of the Program under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, shall be conducted within Maricopa County in the state of Arizona. Referrers covenant not to sue or otherwise bring a claim against Ecodry in any other forum.

C. Referrers also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to Referrers’ use of the Program or this agreement:

1. REFERRERS ARE GIVING UP THEIR RIGHT TO HAVE A TRIAL BY JURY; and

2. REFERRERS ARE GIVING UP THEIR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.

VII. General Terms

These terms constitute the entire agreement between Referrers and Ecodry concerning Referrers’ use of the Program. The failure of Ecodry to exercise or enforce any right or provision of these terms shall not constitute a waiver of such right or provision. If any provision of these terms is found by a court of competent jurisdiction to be invalid, Ecodry and Referrers nevertheless agree that the court should endeavor to give effect to the intentions reflected in the provision, and that the other provisions of these terms shall remain in full force and effect. The section titles in these terms are for convenience only and have no legal or contractual effect. A person who is not a party to these terms shall have no right to enforce or receive the benefit of any of these terms.