Terms & Conditions for MBTI® Certification Program Referrals | The Myers-Briggs Company

Effective January 1, 2024

The Myers-Briggs Company, a California benefit corporation having its primary place of business at 185 N. Wolfe Road, Sunnyvale, CA 94086 (“we”, “us”, or the “Company”), and including The Myers-Briggs Company Limited in Europe, may at times offer customers the opportunity to refer friends and acquaintances through a referral program (the “Referral Program”) offered on our website(s).

By participating in the Referral Program, you agree to the following terms and conditions (the “Referral Terms”). We may update the Referral Terms at any time without prior notice. Any modifications of the Referral Terms will be posted on our website(s), and continued participation in the Referral Program shall constitute your consent to the modified Referral Terms.

1. How the Referral Program Works

• a. A current eligible customer (see below for more information about eligibility) (the “Referrer”) signs up for the Referral Program on our website and provides the information we require of them, as well as the information we require of the friend or acquaintance being referred (the “Referee”).
• b. The Referee registers for and completes one of our designated public MBTI Certification Programs (including, without limitation, our public MBTI Certification Program or our Self-Guided MBTI Certification Program (collectively, "MBTI Certification Programs") within the dates referred to in the promotion materials.
• c. We will offer a referral reward (as further described on the website) (the “Referral Reward”) to either the Referrer, the Referee, or both (at our discretion) if the Referee registers for and completes the eligible MBTI Certification Program within the specified time period.

If a Referral Reward includes a discount on our products or services, an eligible Referrer or Referee may need to make use of the applicable promotional code(s) provided by the Company.

2. Eligibility

To participate in the Referral Program, you must:

• be the age of majority (consent) in your jurisdiction (e.g., at least 18 years old in the United States of America (US), Europe and the UK and the applicable age in other jurisdictions);
• reside in the US, EU, UK or other territory specific to the Referral Program;
• be an existing customer of the Company and a Certified Practitioner of the MBTI assessment (those who are Educationally Eligible to purchase and administer the MBTI assessment are not eligible to participate in the Referral Program); and comply with these Referral Terms.

Referrals and Referral Rewards may only be used for personal and non-commercial purposes and are (i) redeemable against our eligible products and services, where stated, or (ii) in the form of gift cards, as set out in the referral promotion on our website. You may not refer yourself; and the Referrer and the Referee must be two different natural persons.

We may restrict your participation without notice if the Referral Program is in violation of applicable laws or decisions from public authorities in your jurisdiction. We reserve the right to withdraw the Referral Program without prior notice and without compensation or other financial or other recompense to either the Referrer or the Referee.

3. Your Obligations

When you refer a person, you must comply with applicable law, including (without limitation) any data protection or privacy requirements relating to use of that person’s personal information (also referred to sometimes as personally identifiable information or personal data). You are prohibited from “spamming” anyone (including the Company) with referrals.

Any referrals that could constitute unsolicited commercial email or “spam” under any applicable law or regulation is expressly prohibited. In particular, you must not:

• refer individuals under the age of majority (consent) in the Referrer’s or Referee’s jurisdiction;
• publish, distribute, or solicit referrals on commercial websites such as coupon websites, Facebook groups, Reddit, or on blogs;
• use bots or automated programs for referrals; or
• pay to advertise referrals, or attempt to market, reproduce, sell or resell Referral Rewards to any third party whatsoever.

Referrers who do not comply with applicable law, including anti-spam laws, are obligated to indemnify the Company against any liabilities, costs, and expenses we incur as a result of such spam.

In addition, you must not:

• violate the intellectual property rights of the Company;
• act with intent to annoy, harass or abuse any other person or the Company;
• participate in any inappropriate, uncooperative, disruptive, fraudulent, potentially fraudulent or unusual activity; or
• act in a manner that in the sole discretion of the Company is deemed to be generally inconsistent with the intended purpose of the Referral Program o to bring the Company into disrepute.

The Company reserves the right, at its sole discretion, to exclude any individual from participating in any aspect of the Referral Program and to void any pending rewards with immediate effect and without prior warning if the Company deems or suspects that an individual has violated the Referral Terms.

4. Restrictions on Rewards and Offers

The following rules and restrictions apply to rewards and offers under the Referral Program.

• The Company may from time to time update the rewards on offer under the Referral Program. The Referrer will receive the Referral Reward as indicated at the time when the Referee completes his or her referral purchase.
• The total number of unique Referral Rewards issued to a Referrer may not exceed ten (10) per calendar year or the equivalent of $1,000 USD/ £1,000/ €1,000 (whichever is lower) as applicable.
• Referral Rewards are non-transferable and (i) where stated as being redeemable against our products and services, are only redeemable against eligible products and services, and (ii) where in the form of a gift card, are redeemable according to the conditions of the gift card, and on the terms set forth herein, to the original Referrer or Referee (as applicable). Rewards will under no circumstances be paid out in cash or alternative gift cards other than that stated in the referral promotion.
• If redemption of a Referral Reward involves a discount on the Company’s products or services, such discount shall not apply to shipping, handling, or applicable taxes. Any such discounts or other aspects to the Referral Rewards are not redeemable for cash nor are they valid toward previous purchases, and any gift card is not transferable or redeemable for alternative gift cards other than that stated in the referral promotion.
• Referral Rewards are subject to verification. We may delay a Referral Reward for the purposes of investigation. Referral Rewards will be issued within thirty (30) days after the Referee completes the eligible MBTI Certification Program and the verification process is completed.
• Referral Rewards may be taxable, depending on the value of the item and tax laws applicable to the recipient. The recipient is solely responsible for reporting such items on their tax returns and paying any associated tax liability.
• Any Referral Rewards may be revoked without prior notice if the Referrer or Referee breaches the Referral Terms or any other terms applicable to purchases and no compensation or other recompense shall be payable.
• We reserve the right to vary any and all elements of the Referral Program at any time without notice to either the Referrer or the Referee.
• Where Referral Rewards are redeemable against our products or services, they may only be redeemed against eligible products or services as determined and designated by the Company in its sole discretion.
• The Referee may only be referred by one (1) Referrer. If a person receives referrals from multiple Referrers, only one (1) Referrer associated with the referral will receive the Referral Reward and this will usually be determined as the first referral received.
• The Referral Rewards may not be combined with other promotions, offers or incentives or used in conjunction with other discounts.
• We reserve the right to vary any and all elements of the Referral Program at any time without notice to either the Referrer or the Referee.

5. Privacy

Participation in the Referral Program may require a Referrer and/or Referee to submit personal information about themselves. Personal information that is collected as part of the Referral Program will be used to:

• operate and maintain the Referral Program, including providing Referral Rewards to qualified participants;
• evaluate and improve the effectiveness of the Referral Program;
• provide tailored communication and marketing;
• monitor compliance with the Referral Terms; and
• comply with our legal obligations.

All processing of personal information is subject to the Company’s Privacy Policy. You may at any time opt out from receiving further communication regarding the Referral Program by unsubscribing from our marketing emails or by contacting our Customer Support team. Please note that if customers unsubscribe from all our communications, rather than just marketing emails, we may not be able to service your requirements and account. Please see our Marketing Preferences Centre.

6. Limitation of Liability

The Company is not liable to you, the Referrer or Referee, for any business, financial or economic loss, or for any consequential or indirect loss such as loss of reputation, lost bargain, lost profit, loss of anticipated savings, or loss of opportunity arising as a result of any products or services we provide to you in relation to the Referral Program (whether suffered or incurred as a result of our negligence or otherwise).

Our liability to you, the Referrer or Referee, for all losses associated with your participation in the Referral Program is limited to the greater of (i) the equivalent monetary value of Referral Rewards received under the Referral Program; or (ii) $100/ £100/ €100, as applicable.

No claim may be brought against the Company in relation to your participation in the Referral Program more than three (3) months following the date on which you last received a Referral Reward.

7. Indemnification

Participants in the Referral Program agree to indemnify, defend, and hold the Company and its 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 Referral Terms or any violation by the participant of applicable law.

8. Disclaimer of Warranties

PARTICIPANTS AND PROSPECTIVE PARTICIPANTS IN THE REFERRAL PROGRAM EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE REFERRAL PROGRAM IS AT YOUR SOLE RISK. THE REFERRAL 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, PROMISES AS TO PRODUCTS OR SERVICES OFFERED THROUGH THE USE OF THE REFERRAL PROGRAM, IMPLIED PROMISES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE COMPANY MAKES AND GIVES NO PROMISE THAT (i) THE REFERRAL PROGRAM OR PRODUCTS AND SERVICES WILL MEET YOUR REQUIREMENTS, (ii) ANY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS OBTAINED FROM THE USE OF THE PRODUCTS, SERVICES OR REFERRAL PROGRAM WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE REFERRAL PROGRAM WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE PRODUCTS OR SERVICES WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS, SERVICES OR REFERRAL 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.

9. Right to Cancel, Modify, Exclude, or Terminate

The Company reserves the right to cancel, modify, exclude or terminate the Referral Program at any time for any reason without notice to you. The Company reserves the right to disqualify any participant at any time from participation in the Referral Program if we have a good faith belief that they have violated any of the Referral Terms or has acted in a manner that violates the spirit of the Referral Terms or frustrates the purpose of the Referral Terms.

10. Other Terms

If any provision in these terms is held to be invalid, void, or unenforceable, such provision (or the part of it that is making it invalid, void, or unenforceable) will be struck and will not affect the validity of and enforceability of the remaining provisions. The Referral Terms constitute the entire agreement between participants and the Company concerning participants’ use of the Referral Program. The failure of the Company to exercise or enforce any right or provision of the Referral Terms shall not constitute a waiver of such right or provision. If any provision of the Referral Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Referral Terms remain in full force and effect. Except where prohibited, disputes, claims and causes of action arising out of or related to this Referral Program or any Referral Reward shall be governed exclusively by the laws of the nation in which the Company contracting with you hereunder is established, namely the State of California in respect of The Myers-Briggs Company; England and Wales in respect of The Myers-Briggs Company Limited (including its European operations); Singapore in respect of The Myers-Briggs Company Pte, Ltd.; and Australia in respect of The Myers-Briggs Company Pty Ltd; without regard to conflicts of laws rules or the United Nations Convention on the International Sale of Goods. We may update the Referral Terms at any time without prior notice. Any modifications of the Referral Terms will be posted on our website(s), and continued participation in the Referral Program shall constitute your consent to the modified Referral Terms.

The Myers-Briggs Company
January 2024