Terms and Conditions The SMBX Issuer Referral Program (“Program”) has been created to reward you, our loyal Investors and Issuers, (“you,” “Referrer,” “Participant”) for doing what you would already do – recommending us to your peers who become an Issuer on the SMBX (“Referred,” “Participant”).
These Program Terms and Conditions are a binding agreement between you and SMBX, LLC and will govern your participation in any and all Program offers. You are not authorized to participate in the Program, if you do not agree to these Program Terms and Conditions in their entirety.
SMBX, LLC reserves the right to modify these Program Terms and Conditions at any time, at its sole discretion, and without notice to you. SMBX, LLC may also, in its sole discretion, change, cancel, suspend, or modify any aspect of the Program without notice. SMBX, LLC also reserves the right to disqualify any customers or prospective customers at any time from participation in the Program.
The Referrer is the first Referrer to submit the Issuer Referral Form on TheSMBX.com with the information of the Referred and the Referred has not been previously contacted by any employee of SMBX, LLC
The Referred passes all qualifications and due diligence required by SMBX, to be determined by SMBX in its sole discretion
The Referred, using SMBX as a registered funding portal, offers securities under Regulation Crowdfunding
The Reward. Once a Qualified Referral has taken place, the Referrer will be eligible to receive five-hundred dollars ($500.00) in a form to be determined by SMBX, LLC in its sole discretion.
Eligibility.To be eligible for participation in the Program, both the Referrer and the Referred must be at least 18 years of age. SMBX, LLC reserves the right to find ineligible any Participant in the Program at its sole discretion. SMBX employees and their immediate family members are not eligible to receive the Issuer Referral Program reward. An owner, director, officer or employee of the Referred cannot refer the business that they own or are a director/officer of or are employed by to the Issuer Referral Program. Referrals made prior to the beginning of the Issuer Referral Program on August 24, 2023 and/or by any means other than the Issuer Referral Form will be ineligible for the Issuer Referral Program.
Conduct. SMBX, LLC reserves the right, at its sole discretion, to prohibit any Participant from participating in any aspect of the Program if SMBX, LLC deems or suspects that such Participant has engaged in or has attempted to engage in any of the following: a) acting in violation of these Program Terms and Conditions; b) damaging, tampering with or corrupting the operation of the Program or Site; c) activity deemed in the sole discretion of SMBX, LLC to be generally inconsistent with the intended operation of the Program; SMBX, LLC shall be the sole determiner in cases of suspected abuse, fraud, or breach of these Program Terms and Conditions or intent of these Program Terms and Conditions.
Terms and Conditions
Binding Effects. By participating in the Program, you agree to and are bound by the Program Terms and Conditions. If you do not wish to agree to and abide by the Program Terms and Conditions in their entirety, you are not authorized to participate in the Program.
Release. By participating in the Program, Participants release SMBX, LLC, its parent company, and their respective directors, officers, employees, and agents from any and all liability for any loss, harm, damages, cost, or expense, including, without limitation, property damages, personal injury and/or death, arising out of or in any way connected to the Program and/or the use of any Program rewards.
Indemnification. Participants agree to indemnify, defend, and hold SMBX, LLC 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 these Program Terms and Conditions or any violation by Participant of applicable law.
Disclaimer
Reserved Right. SMBX, LLC reserves the right to cancel or suspend the Program should it determine, in its sole discretion, that the administration, security, or fairness of the Program has been compromised in any way. Disclaimer of Warranties: PARTICIPANTS AND PROSPECTIVE PARTICIPANTS 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, PROMISES AS TO PRODUCTS OR SERVICES OFFERED THROUGH THE USE OF THE PROGRAM, IMPLIED PROMISES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) SMBX, LLC MAKES AND GIVES NO PROMISE 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.
Other Terms
General Terms. These Program Terms and Conditions constitute the entire agreement between Participants and SMBX, LLC concerning Participants’ use of the Program. The failure of SMBX, LLC to exercise or enforce any right or provision of these Program Terms and Conditions shall not constitute a waiver of such right or provision. The terms and conditions applicable to Participants’ use of SMBX, LLC’s services can be found at: https://thesmbx.com/SMBX+Agreements+and+Disclosures.pdf
Term. The term of this Agreement will begin upon our acceptance of your Issuer Referral Form and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party notice of termination. Notice by email, to your address on our records, is considered sufficient notice to terminate this Agreement.