American Beer Equipment Referral Program
How To Earn ABE Rewards + Terms and Conditions
This document summarizes the terms and conditions associated with the American Beer Equipment Referral Program (“A.B.E. Referral Program”). The purpose of the A.B.E. Referral Program is to incentivize A.B.E. customers and friends to refer potential customers to A.B.E. for the purchase of craft brewing equipment.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING OR PARTICIPATING IN THE A.B.E. Referral Program, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL TERMS INCORPORATED BY REFERENCE AS DESCRIBED BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR PARTICIPATE IN THE A.B.E. Referral Program.
Earning A.B.E. Rewards
A.B.E. Rewards shall be awarded to Eligible Participants who have made a Referral of a Customer to A.B.E. through the Website. For the purposes of these terms and conditions, the following terms are defined:
A.B.E. Rewards: The amount awarded to an Eligible Participant who has made a Referral of a Customer to A.B.E. through the Website. The amount awarded shall be determined according to the following formula:
Initial Total Sale Value (must be at least $5,000)
x One Percent (1%)
Subject to other provisions within these terms and conditions, A.B.E. Rewards may be redeemed from A.B.E. through the purchase of A.B.E. goods or services within twenty-four (24) months of when they are awarded. Expired A.B.E. Rewards have no value for any purpose and may not be redeemed. A.B.E. Rewards have no cash value and cannot be redeemed for cash or cash equivalents. However, A.B.E. reserves the right to give A.B.E. Rewards in the form of cash in its sole discretion. Should A.B.E. elect to give the A.B.E. Rewards in the form of cash, each A.B.E. Reward shall be worth $0.50. (For example, 1000 A.B.E. Rewards = $500 cash.) Generally speaking, A.B.E. Rewards will not be provided in cash to an entity. The Eligible Participant is solely responsible for the payment of all taxes associated with receipt of the A.B.E. Rewards.
At A.B.E.’s sole discretion, A.B.E. may elect to split the A.B.E. Rewards to be granted in connection with the Referral of a Customer between one or more Eligible Participants. An example of when such splits may occur include, but are not limited to: (i) situations in which multiple Eligible Participants have made a Referral of the same Customer; (ii) situations in which multiple Eligible Participants have made a Referral of different Customers that are related to one another on a familial or business basis; (iii) situations in which an Eligible Participant made a Referral of a Customer more than twelve (12) months before a purchase was made but who has continued to assist A.B.E. in marketing its goods or services to that Customer; or (iv) other, unanticipated situations that in A.B.E.’s discretion warrant the splitting of the Rewards to be granted. Should A.B.E. determine that a split of the A.B.E. Rewards may be appropriate, A.B.E. will notify all Eligible Participants connected with such sale to inform them of the same.
Customer: A person or entity who purchases at least five thousand dollars ($5,000.00) of craft brewing equipment from A.B.E. within twelve (12) months of when a Referral from an Eligible Participant for that Customer is submitted on the Website by that Eligible Participant. To be considered a Customer for the purposes of this program, the Customer: (i) may not have made any purchases from A.B.E. in the five (5) year period preceding the Referral, and (ii) may not already have an A.B.E. sales representative assigned to him, her, or the entity for which the purchase is made at the time of the Referral.
Eligible Participant: An individual or company will be deemed to be an “Eligible Participant” in the A.B.E. Referral Program so long as the following criteria are met:
- The participant must be a legal resident of the fifty (50) United States, the District of Columbia, Puerto Rico, or the United States Virgin Islands who is at least eighteen (18) years of age or older. The A.B.E. Referral Program is void where prohibited by law. If any term or condition is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or condition or invalidate or render unenforceable such term or condition in any other jurisdiction.
- The participant must have a valid A.B.E. Referral Program Account ID from the Website that is in good standing at the time the Referral is made and at the time that the A.B.E. Rewards at issue are awarded. Accounts are free, but subject to these terms and conditions. Your A.B.E. Referral Program Account profile must include a complete first and last name, valid email address, valid physical address, and valid phone number at all times. Additional information may be required in order to properly register your account. If your account does not meet these requirements or if inaccurate information is provided, you may be suspended from the A.B.E. Referral Program.
- The participant may not be an entity that competes with A.B.E. in the sale of craft brewing equipment, may not be an employee of an entity that competes with A.B.E. in the sale of craft brewing equipment, and may not be an employee of A.B.E. or a Family Member of an A.B.E. employee. Such status will be determined as of the time of registration and at the time that A.B.E. Rewards at issue are awarded.
- The participant must not have been previously terminated from the A.B.E. Referral Program or be suspended from the A.B.E. Referral Program at the time that the A.B.E. Rewards at issue are awarded.
- Eligible Participants shall not be deemed to be employees or agents of A.B.E. for any purpose. Eligible Participants do not have any authority to offer to sell any of A.B.E.’s products to anyone, to bind A.B.E. to any sale, or to make any warranties about the quality of A.B.E. products or their fitness for a particular purpose. Participants agree that they shall not imply that they have any implied or actual authority to act on behalf of A.B.E. due to their participation in the A.B.E. Referral Program.
Family Member: Grandparent, parent, spouse, child, or sibling. For the purposes of this definition, a “half” or “step” relationship (e.g., half-sister or step-child) shall be deemed to be the same as a “full” or biological familial relationship.
Initial Total Sale Value: The net sales price exclusive of sales tax and after applying any discounts, credits, start-up and training costs, cost of installation parts, rebates, adjustments, shipping, handling, insurance and related transportation costs of the Products sold by A.B.E. to Customer on the Customer’s first order.
Referral: A complete and accurate submittal of a Customer’s information on the Website by an Eligible Participant. To constitute a Referral, the Customer must not have previously been submitted within the prior twelve-month period by any other Eligible Participant and must not already have an A.B.E. sales representative assigned to him, her, or it.
Website: This is the web address utilized by participants to sign up for the A.B.E. Referral Program. Currently, the web address is www.ABErewards.com.
All Sales are in A.B.E.’s Complete Discretion
The prices, terms, and conditions under which A.B.E. shall offer or sell any of its products shall be determined by A.B.E. in its sole discretion. A.B.E. shall have the authority to control all discussions and negotiations regarding any proposed or actual offering or sale of its products. Nothing in these terms and conditions shall obligate A.B.E. to actually offer or sell any products or consummate any transaction with any Customer. A.B.E. may terminate any negotiations or discussions at any time and has the right not to proceed with any sale of its products without any liability or obligation to the Eligible Participant whatsoever.
A.B.E. Rewards that have been awarded to an individual may be transferred one time by that individual to an entity in which the individual is an owner or employee so long as (i) the entity to which the A.B.E. Rewards are transferred qualifies to participate in the A.B.E. Referral Program as an Eligible Participant, and (ii) the requested transfer does not modify any obligation of A.B.E. Such transfer shall not impact the expiration date of the A.B.E. Rewards. If a transfer is made, A.B.E. will not provide the A.B.E. Rewards in the form of cash to the entity to whom the A.B.E. Rewards were transferred.
Canceling or Returning Orders
If you return equipment that you purchased with A.B.E. Rewards or cancel an order to which A.B.E. Rewards were applied, no refund or credit will be given for the A.B.E. Rewards. For example, if you placed an order totaling $100 using $10 in A.B.E. Rewards, no refund or credit will be provided relating to the $10 in A.B.E. Rewards. Unless otherwise agreed by A.B.E. in its sole discretion, you will not receive replacement A.B.E. Rewards in such a situation.
If a Customer cancels a purchase order or returns equipment, A.B.E. will deduct the A.B.E. Rewards that Eligible Participant(s) were awarded for that purchase from the appropriate A.B.E. Referral Program Account profile(s). If an Eligible Participant has already redeemed those A.B.E. Rewards Points, this could potentially result in a negative point balance.
Modification or Termination of the A.B.E. Referral Program / Suspension of Eligible Participants
A.B.E. reserves the right to modify or terminate the A.B.E. Referral Program at any time by sending an email to the address registered by the Eligible Participant during the registration process. It is solely the Eligible Participant’s responsibility to ensure his or her current contact information is kept up-to-date in the A.B.E. Referral Program through the A.B.E. Referral Program webpage. Please note that this database is distinct from other databases maintained by A.B.E. and/or A.B.E. employees. As such, you must ensure that your contact information is up-to-date on the A.B.E. Referral Program webpage.
Except where stated otherwise, all amended terms will be effective three (3) days after they are posted and/or emailed to you. If any modification is unacceptable to you, your only recourse is to opt out of the A.B.E. Referral Program by going to the A.B.E. Referral Program page and following the links on that page to unsubscribe. Should you choose to unsubscribe, you agree that you forfeit any and all rights to any future benefit under the A.B.E. Referral Program and that any A.B.E. Rewards earned prior to unsubscribing will be voided.
Termination of the A.B.E. Referral Program may happen without notice.
Without limiting the foregoing, A.B.E. may suspend an Eligible Participant’s participation in the A.B.E. Referral Program indefinitely to investigate potential violations of these terms and conditions without prior notice to the Eligible Participant. If A.B.E. in its sole discretion believes an Eligible Participant has or is attempting to circumvent or undermine these terms and conditions, or actually has or is doing so, A.B.E. reserves the right to terminate the Eligible Participant’s participation from the A.B.E. Referral Program.
Without notice to you, A.B.E. reserves the right to “unregister” an A.B.E. Referral Program Account that is inactive and cause that A.B.E. Referral Program Account to be ineligible for the A.B.E. Referral Program. An inactive A.B.E. Referral Program Account is defined as an A.B.E. Referral Program Account that has not earned A.B.E. Rewards for twenty-four months. In the event that your A.B.E. Referral Program Account is unregistered due to inactivity, then you will no longer be eligible for Rewards Program benefits, including accumulating A.B.E. Rewards. You may reactivate your A.B.E. Referral Program Account by logging into your A.B.E. Referral Program Account and making a Referral, but any A.B.E. Rewards earned prior to the A.B.E. Referral Program Account being deemed inactive will be voided.
The validity, construction, and performance of the A.B.E. Referral Program shall be governed and construed in accordance with the laws of the State of Nebraska, without giving effect to any conflict of law’s provisions thereof. The Federal and state courts located in Lancaster County, Nebraska shall have sole and exclusive jurisdiction over any disputes that arise relating to the A.B.E. Referral Program, and by participating in the A.B.E. Referral Program, you consent to the jurisdiction of such courts.
If you have any questions or if you are dissatisfied with the A.B.E. Referral Program in any way, please contact us by email at email@example.com or phone at 402-475-BEER.