Referral Program Terms
Updated August 2019
Udacity, Inc. (“Udacity”) offers our valued community members (“Members”) the chance to earn referral credits, benefits or rewards (the “Referral Benefit”) when they refer new students (“Referred Users”) that purchase a new Nanodegree Program, with specifics of the Referral Benefit contained in Udacity published referral program details that may change from time to time (“Referral Program”). The Referral Benefit offered under the program details that you participate in will apply to you, and you may not substitute the Referral Benefit accrued for other benefit or rewards offered under separate Referral Program opportunities. The specific The Member and the Referred User are collectively referred to as the “Participants.”
Udacity reserves the 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:
- The Member shall have a valid User Account;
- Member and Referred User each shall be of legal age (18 years or older); and
- Resident of a country that is eligible (where the program is not prohibited by US embargo restrictions, prohibited by local laws or under the Referral Terms).
EARNING AND SPENDING REFERRAL CREDIT(S)
Participants can earn Referral Benefit subject to the following:
- The Member shall share the unique invite link or other identification protocol (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, such as email, Facebook, Instagram, WhatsApp or Twitter.
- If new to Udacity, the Referred User shall create a User Account only through the Invite Link.
- The Referred User shall (A) subscribe to a qualifying Nanodegree program by paying the applicable fees through her or his authorized User Account and (B) not cancel his/her subscription to that Nanodegree program or otherwise be removed from that Nanodegree program by Udacity. The Referred User and the Member may not be same individual to qualify, nor both participating on behalf of same individual.
- Subject to the Referred User’s compliance with the Referral Terms, the Referred User shall receive a one-time use credit, coupon or other benefit in the amount, set forth in the Udacity referral Program details (the “Recipient Benefit”) subject to the Limitations and Exclusions set forth in the Referral Terms.
- Subject to Member’s strict compliance with these Referral Terms, for each Referred User qualifying purchase or subscription (or other qualifying event specified in the applicable Referral Program opportunity), Member will receive one (1) Referral Benefit, subject to the Limitations and Exclusions of the Referral Program. Member Referral Benefits will be tracked by Udacity, and when available, will be included in Member’s Referral Benefit dashboard. Referral Benefits may take up to one week after the Referred User subscribes, purchases, enrolls or otherwise satisfies a qualifying event for the Member Benefit to become available to the Member.
- Member Referral Benefits will be subject to restrictions on use, such as, for Referral Benefits in the form of credits towards a referrer’s purchase of a Nanodegree program, the credit may be limited to an initial subscription month, unless in the applicable Referral Program details they may be applied monthly thereafter until exhausted; in the event of a cancellation of the Nanodegree program by the Member there will be no cash refund for credits applied. Further restrictions and limitations are included below and in the Referral Program opportunity details published Udacity.
- The Member Benefit and Recipient Benefit are hereinafter collectively referred to as “Participant Benefits”.
LIMITATIONS AND EXCLUSIONS ON EARNING AND SPENDING OF PARTICIPANT BENEFITS
Participant Benefits are not perpetual and must be used or they will expire regardless of date earned, the expiration date for the benefits will expire according to the expiration date set forth in the Referral Program opportunity details, and in any event after 6 months (“Expiration Date”). Any unused Participate Benefits that remains 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 Benefit.
- Referral Benefit(s) in the form of credits to purchase a Nanodegree program or Udacity products or services, have no value outside of the Site, are not considered cash, and cannot be redeemed for cash.
- Referral Benefit(s) can only be redeemed at Udacity.com for purchases of Nanodegree Program subscriptions, subject to the restrictions and limitations of the Referral Program.
- Referred Users are limited to one referral per program (e.g., you cannot receive two Recipient Benefits 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).
- No Participant Benefit is transferable, for re-sale, barter, or trade, and no Referral Benefit can be applied to past purchases.
- Use of any Referral Benefit cannot be combined with any other offers, promotional codes, discounts, or coupons.
- Referral Benefit(s) cannot be used by Participants toward the costs of Introduction to Programming Nanodegree program, unless otherwise set forth in the published Referral Program opportunity details, or to any Nanodegree Program provided by, or offered through, Sponsored Services, Scholarships, Enterprise Offerings, or Educational Partners.
- Members Benefits in the form of credits towards Nanodegree programs are subject to our refund policy for the specific Nanodegree Program (e.g., If you cancel within the first seven days, any applicable Referral Benefit may be reapplied to your dashboard and you will be able to utilize that Referral Benefit toward the purchase of another Nanodegree Program, provide that Members may only obtain one refund for such referral credit, and are subject to any other restrictions and/or expiration set forth herein). Referred Users who receive a Recipient Benefit in the form of a one-time use coupon (in the form of a credit towards a purchase of a Nanodegree program or other Udacity product or service) are not entitled to any refund of the Referred User coupon value or amount once that coupon has been redeemed.
- Other restrictions or limitations relating to the Referral Program, Referral Benefits or Recipient Benefits may be included in the specific Referral Program opportunity that is published by Udacity, and are incorporated by this reference.
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 Referral 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. Other restrictions may be applicable under Member’s local rules or laws and Member is responsible for knowledge and compliance with such restrictions.
- 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 Benefit.
- 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.
Udacity shall be the sole adjudicator in cases of suspected abuse, fraud, or breach of these Referral Terms by a Participant. The Participant shall have no right to dispute her prohibition on participation in the Referral Program by Udacity. The Participant understands and agrees that the decision of Udacity shall be final and binding on the Participant in this regard.
CANCELLATION OF REFERRAL BENEFIT AND/OR PARTICIPATION
CHANGES TO THE REFERRAL PROGRAM TERMS AND CONDITIONS OR REFERRAL PROGRAM
Udacity reserves the right to modify these Referral Terms 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 these Referral Terms. If at any time the Referral Terms 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.
The benefits or 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.
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 Benefit.
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 Referral Terms 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.
The failure of Udacity to exercise or enforce any right or provision of these Referral Terms shall not constitute a waiver of such right or provision. If any provision of these Referral Terms 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 Referral Terms remain in full force and effect. The section titles in these Referral Terms are for convenience only and have no legal or contractual effect. A person who is not a party to these Referral Terms shall have no right to enforce or receive the benefit of any of these Referral Terms.