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eH+ Referral Program

The following terms and conditions (the “Terms”) govern the eH+ referral program (the “Program”). As part of this Program, eHarmony, Inc. (“eHarmony” or “Company”) will pay a referral fee to individuals (“You” or “Your”) who refer paying subscribers (each, a “Subscriber”) to the eH+ premium service (the “Service”) in accordance with the following terms:

  1. To refer a potential subscriber, You must send an email titled “REFERRAL” to [email protected] with your name, mailing address, phone number, email address, and referred individual’s name, email address and/or phone number prior to eHarmony’s initial call with the referred individual. All information sent to eHarmony about a referred individual must be done with his/her prior consent.

  2. The Referral Fee paid by Company to You shall be twenty percent (20%) of the price paid to eHarmony by the referred individual for an eH+ subscription that is purchased as a direct result of a referral made by You. eHarmony shall pay the Referral Fee to You within 75 days from the date a referred Subscriber has paid eHarmony for the Service, provided that no refunds have been issued or chargebacks processed to the Subscriber within the first 60 days from the purchase date. Subsequent sale of other goods and/or services to the Subscriber shall not be subject to a Referral Fee.

  3. If a referral does not result in an eH+ subscription purchase (for any reason), You will not be eligible to receive a Referral Fee. All eH+ subscriptions are governed by the terms and conditions located at the following links: http://www.eharmony.com/about/terms/ and http://www.eharmony.com/about/terms-premium/.

  4. Referral methods will be at Your sole discretion. However, You shall not make any promises of any kind or issue any warranty or guaranty, either express or implied pertaining to the Service in order to solicit sales.

  5. You shall not use Company’s trademarks in connection with the promotion of the Service unless You are give prior written approval by the Company. Furthermore, You shall not create and distribute marketing materials on eHarmony’s behalf without eHarmony’s prior written approval, and You shall not send any email communications to third parties in violation of CAN-SPAM or any other applicable laws or regulations related to email marketing.

  6. Your relationship with the Company will be that of an independent contractor and not that of an employee. Nothing in these Terms shall be interpreted or construed as creating or establishing an employment relationship between the Company and You. You acknowledge and agree that You have no authority to enter into contracts that bind the Company or create obligations on the part of the Company without the prior written authorization of eHarmony

  7. These Terms do not grant exclusive rights to You to act as a referrer on behalf of the Company

  8. By taking any action in furtherance of this Program, You agree to be bound by these Terms and the eHarmony.com Terms and Conditions, which are incorporated herein. The Company may terminate Your participation in the Program at any time by sending You a written notice. The Company will not be responsible for paying Referral Fees for referrals made after Your participation in the Program has been terminated. Company shall be responsible for payment of Referral Fees for valid referrals made prior to the date of termination.

  9. You shall indemnify, defend and hold the Company and its directors, officers, employees, agents, successors and assigns, harmless, against any and all third party claims arising out of resulting from Your acts in connection with these Terms.

  10. These Terms shall be governed by the laws of the State of California (other than its choice of law principles). The parties consent to the exclusive jurisdiction of the state courts located in Los Angeles County and the federal courts of the Central District of California.

  11. These Terms constitute the entire agreement between the parties and supersede all prior agreements. If any provision of these Terms shall be held to be invalid, illegal or unenforceable, the parties agree that the remaining provisions shall be deemed in full force and effect as if such provision had never been contained herein. Any waiver by either party of any breach of these Terms shall not be construed to be a continuing waiver of any subsequent breach on the part of the other party.

  12. These Terms may be amended at any time by eHarmony. Such amended Terms shall be effective upon posting. By continuing to refer potential subscribers to eHarmony and/or by accepting a Referral Fee from eHarmony in connection with this Program, you will be deemed to have accepted such amendments.