Terms and Conditions

Saatva Mattress Referral Program

Saatva ("we", "Saatva" or "Company") affords the opportunity for our brand ambassadors to take part in a referral program ("Program" or "referral program"). We reserve the right to terminate the Program at any time for any reason.

Users (defined below) are bound by these Terms and Conditions by participating in the Program. By participating in the Program, Users 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 (defined below) or participate in the Program in any manner. Users may not register for or participate in the Program where doing so would be prohibited by any applicable law or regulations.

We reserve the right to modify or amend these Terms and Conditions and the methods through which Rewards are earned at any time. We reserve the right to disqualify any User (defined below) at any time from participation in the Program if they do not comply with any of these Terms and Conditions.

Minors

No part of the Program is directed to persons under the age of 18. IF YOU ARE UNDER 18 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE PROGRAM AT ANY TIME OR IN ANY MANNER.

1. Privacy.

Individuals may participate in the Program to recommend services or content made available by Company to their friends, family or colleagues ("Users"). To do this, Users must submit personal information about themselves and their friends, family members or colleagues, such as name and e-mail address information, so that the Company can send recommendations on their behalf. That personal information will be collected, processed and used in accordance with Company's Privacy Statement, which can be found at http://www.Saatva.com/privacy-policy. In addition, personal information may be used by the Company to contact Users in regards to their participation in the Program and to receive communications from Company. Where a User provides personal information about their friends, family members, and/or colleagues to receive communications via the Program, the personal information provided will be used by the Company to send communications on behalf of the User and User understands that Company may send out additional follow-up communications on behalf of the User to encourage or remind the friends, family members, or colleagues to complete their purchase or registration process.

2. How the Program Works.

PROGRAM PARTICIPATION, GENERALLY

To participate, visit https://partner.saatva.com/ambassadors, complete your registration, and copy your personal link to refer friends, family members, or colleagues to the Service.

Users who refer are called "Referrers." Individuals who receive a referral are called "Referred Customers." An "eligible" Referrer who fully complies with these Terms and Conditions may receive "Reward(s)" for every "Qualified Referral."

ELIGIBLE REFERRER

To be "eligible," a Referrer must be a: (1) legal resident of the United States of America and (2) at least 18 years old.

Employees of the Company, its Service Providers, or any of their subsidiaries, affiliates or promotional agencies, including immediate family and household members, are not eligible.

MAKING A REFERRAL

An individual must register to make a referral but no purchase is required. Once an individual refers a friend, family member, or colleague, they become a Referrer and will be provided with a unique referral link ("Personal Link") that allows the Referrer to receive credit for each Qualified Referral ("Credit"). Personal Links will be issued only to individuals. Each Referrer will also be provided with a unique and personal "Refer-a-Friend" page or account to view the status of their Qualified Referrals and manage their account.

Referrers must respect the spirit of the Program by only referring real individuals who meet the requirements of these Terms and Conditions and agree to receive such recommendation. Referrers cannot refer themselves.

QUALIFIED REFERRALS

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

Only one Qualified Referral can be earned for each Referred Customer.

CREDIT FOR QUALIFIED REFERRALS

Credit can only be awarded for Qualified Referrals.

EARNING REWARDS

Referrer shall receive one (1) Reward valued at US $100 for each verified Qualified Referral generated by Referrer.

Rewards may be redeemed in various forms in the Company's sole discretion. Check your Saatva Refer-A-Friend account for details. Restrictions may apply.

VERIFIED QUALIFIED REFERRALS

Rewards are subject to verification and Saatva may delay issuing a Reward for the purposes of verification. They may also refuse to verify and process any transaction that the Company deems, in its sole discretion, to be fraudulent, suspicious, in violation of these Terms and Conditions, or believes will impose potential liability on Saatva, its subsidiaries, affiliates or any of its respective officers, directors, employees, representatives, and/or agents.

All of the Saatva's decisions are final and binding, including decisions as to whether a Qualified Referral, Credit, or Reward is verified.

TRANSFER AND VALUE OF CREDIT AND REWARDS

Credit and Rewards have no monetary value and may not be redeemed for cash.

Credit and Rewards are not transferable and may not be auctioned, traded, bartered or sold.

Upon termination of the Program or any portion thereof for any reason, or upon cancellation of a Referrer's Saatva account for any reason, any unredeemed Credit and Rewards accumulated by the Referrer are forfeited and void.

3. Content Ownership and Use.

The online platform and the Program contain content that include: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other content (collectively, "Content"). As between the User and Saatva, all Content is the property of the Company or its licensors and is protected under copyright, trademark, and other laws. The compilation (meaning the collection, arrangement, and assembly) of all Content on the online platform or Program is the exclusive property of the Company and is protected by copyright, trademark, and other laws.

LICENSE TO YOU

Saatva authorizes you, subject to these Terms and Conditions, to access and use the online platform, Program, and the Content solely for your personal, non-commercial use. This license is revocable at any time without notice and with or without cause. Unauthorized use of the Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original Content on any copy you make of it.

TRADEMARKS

The registered or unregistered logos, products, and service names are or may be trademarks of Saatva or its licensors (the "Marks"). Without the Company's prior written permission, and except as solely enabled by any link as provided by Saatva, you agree not to display or use the Marks for any purpose not defined herein.

4. User Agreement and Release

By participating in the Program, each user (“User”) expressly agrees to the following:

1. Acceptance of Terms

To be bound by these Terms and Conditions, the decisions of Saatva and its designees (including any service providers), and the Company’s Privacy Policy. All decisions of the Company are final and binding in all matters related to the Program.

Indemnification and Release

To defend, indemnify, release, and hold harmless Saatva, its service providers, parent and affiliated companies, subsidiaries, advertising and promotional agencies, and any entities or individuals involved in the development, administration, or fulfillment of the Program— including their respective directors, officers, employees, attorneys, agents, licensees, and licensors (collectively, the “Released Parties”) —from and against any and all claims, actions, demands, damages, losses, liabilities, costs, or expenses (including reasonable attorneys’ fees), arising out of or related to:

Consent to Communication

To be contacted by Saatva or its designees via email in connection with the Program.

5. Disclaimer of Liability and Program Conditions

To the maximum extent permitted by applicable law, Saatva and its affiliates, officers, employees, agents, and contractors (collectively, the “Released Parties”) shall not be liable for any of the following, whether arising in contract, tort, or otherwise:

Communication & Technical Failures

Data & System Risks

Program Participation & Rewards

Any injuries, losses, or damages of any kind resulting from participation in the Program or acceptance, possession, use, or misuse of any Reward—except to the extent such damages were reasonably foreseeable by Saatva at the relevant time.

Errors in Program Materials

Any typographical, administrative, printing, or technological errors in any materials associated with the Program, including websites, emails, or promotional content.

User Disputes

Any claims, demands, losses, or damages arising out of disputes between or among Program users.

Force Majeure / Inability to Fulfill Rewards

Saatva shall not be responsible for failure to provide any Reward or any part thereof due to causes beyond its reasonable control, including but not limited to:

Right to Modify or Terminate

Saatva reserves the right, in its sole discretion, to cancel, modify, or suspend the Program in the event it determines that:

Participation in the Program constitutes acceptance of these terms and acknowledgement of Saatva’s rights as set forth herein.

DISCLAIMER OF WARRANTIES

USERS 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 THE COMPANY 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 NON-INFRINGEMENT; (B) THE COMPANY MAKES AND GIVES NO WARRANTY THAT (i) THE PROGRAM WILL MEET YOUR REQUIREMENTS, (ii) BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS OBTAINED FROM THE USE OF THE PROGRAM WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE PROGRAM WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PROGRAM IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.

LIMITATION OF LIABILITY AND INDEMNIFICATION

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY, 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 THE COMPANY 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) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR THROUGH THE PROGRAM; OR (v) 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. TO THE FULLEST EXTENT POSSIBLE BY LAW, THE COMPANY'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), WILL NOT EXCEED $100.

Users should use this Program at their own risk.

6. Publicity.

Participation in the Program or acceptance of a Reward constitutes permission to the Company to use any User's first and last name, company name, Saatva profile information, statements, biographical information, and city and state address for any and all promotional or advertising purposes in connection with the Program, on a worldwide basis and in all forms of media without review, permission or further compensation of any amount or kind whatsoever, where permitted by law.

7. Conduct.

If a solution cannot be found to restore the integrity of the Program after the occurrence of prohibited conduct, we reserve the right to cancel, change, or suspend the Program without notice to the Users.

PROHIBITED CONDUCT, GENERALLY

Users agree not to use the Program to:

BULK DISTRIBUTION ("SPAM")

If a Referrer provides a Personal Link to a Referred Customer by email, the email must be created and distributed in a personal manner that is appropriate and customary for communications with friends, colleagues and family members. By submitting the email addresses, the Referrer represents that he/she has their prior consent.

Bulk email distribution, distribution to strangers, or any other promotion of a Personal Link in a manner that would constitute or appear to constitute unsolicited commercial email or "spam" in the Company's sole discretion is expressly prohibited and may be grounds for immediate termination of the Referrer's account and deactivation of the Personal Link. We have a zero-tolerance spam policy.

The Company has no obligation to monitor the content provided by Users; however, the Company may choose to do so and block any email messages, remove any such content, or prohibit any use of the Program.

Each Referrer shall be deemed the actual sender of any referral communications, including emails, and is solely responsible for ensuring that all such communications comply with applicable laws, including without limitation the CAN-SPAM Act and other anti-spam, privacy, or marketing regulations.

Referrers who fail to comply with such laws shall be liable to the Company for any and all losses, claims, liabilities, damages, costs, or expenses (including reasonable attorneys’ fees) incurred by the Company arising out of or relating to such noncompliance.

FRAUDULENT AND SUSPICIOUS BEHAVIOR

The Company may prohibit a User from participating in the Program or receiving a Credit or Reward, in their sole discretion, if they determine that such User 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 users or representatives of the Company.

Use of any automated system, script, or macro to participate is strictly prohibited and will result in disqualification.

Users 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.

The Company reserves the right to disqualify any User and/or cancel any Reward(s) if they find a User to be tampering with the entry process or the operation of the Program or violating these Terms and Conditions.

CAUTION: ANY ATTEMPT TO 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, THE COMPANY RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

11. Suggestions and Submissions.

The Company appreciates hearing from Users and welcomes your comments regarding the Program. Please be advised, however, that the Company does not accept or consider creative ideas, suggestions, inventions, or materials ("creative ideas") other than those which we have specifically requested. While the Company values your feedback on the Program, please be specific in your comments and do not submit creative ideas. If, despite this request, you send the Company creative ideas, the Company:

12. Sign-In Credentials.

To see the personal Company "Refer-a-Friend" page or account or to use the Program, Users will need to sign in with their credentials. Users are responsible for maintaining the confidentially of their sign-in credentials and are fully responsible for all activities that occur from the use of them. Users agree to notify the Company immediately if they believe the confidentiality of their sign-in credentials has been compromised or if they suspect unauthorized use of their account. Users agree that the Company will not be liable for any loss or damage arising from unauthorized use of their credentials.

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

Any and all disputes, claims, or causes of action arising out of or relating to the Program or any Reward shall be governed by the laws of the State of New York, without regard to its conflict of laws principles.

Participants and the Company agree that any such disputes shall be submitted to binding arbitration under the rules of the American Arbitration Association (“AAA”), and such arbitration shall be conducted remotely or in the county of the Participant’s residence, at the Participant’s election, to the extent permitted by law. The arbitration shall be conducted before a single arbitrator and in accordance with the AAA Consumer Arbitration Rules then in effect.

Participants expressly waive the right to bring or participate in any class action, class arbitration, or representative action against the Company.

If for any reason arbitration is not available or enforceable, the parties agree to submit to the exclusive jurisdiction of the state or federal courts located in New York County, New York, and waive any objections to venue or forum non conveniens.

Participants also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to Participants' use of the Service or this Agreement:

14. General Terms.