Referral Program Terms and Conditions (“Terms”)
1. Scope of these Terms
1.1. Sandbox Interactive GmbH, Pappelallee 78/79, 10437 Berlin, Germany (“Sandbox Interactive”) operates an online game and a gaming portal called Albion Online (“Albion Online”). Sandbox Interactive offers the users of Albion Online (“Users”) rewards for encouraging other natural persons to play Albion Online, subject to these Terms and its general Terms and Conditions.
1.2. Sandbox Interactive may change these Terms with regard to future use. Unless the Terms are changed by explicit consent (e.g. User confirms new terms in a pop up window) Sandbox Interactive will change these Terms according to the following procedure: Sandbox Interactive will notify the Users of such changes in text form (i.e. email or a notification in the Account of the User), particularly highlighting any differences in regard to the version previously in force. Users may object to such changes to these Terms according to the following provisions: Users need to direct their objection against the changes to the Terms (“Modifications“) to Sandbox Interactive within six (6) weeks after receipt of Sandbox Interactive’s notification concerning the Modifications (“Modification Notice”). The objection must be received by Sandbox Interactive within the time limit. If the User does not object in due time, the Modifications will be deemed accepted and the modified Terms will become an integral part of the agreement with the User. The Modification Notice will expressly refer to this effect and to the form and time limit of the objection. In the event of an objection in due form and time, the Terms will remain in force in their unaltered version. In this case, Sandbox Interactive may terminate the agreement in accordance with 8.3.1.
Account: An Account is a combination of email address and password that a natural person can create on AlbionOnline.com via the registration page or via a purchase from the shop.
Game: Game means the game Albion Online.
Redeem: To redeem means to activate the game key included in a Starter Pack.
Referred Account / Referral: A Referred Account or Referral is an Account i) that was successfully tracked via a Referral Link of another Account, or ii) whose first redeemed Starter Pack has been bought through another Account.
Referrer: A Referrer is the Account for which a Referral counts as referred by, as specified in Section 4 below.
Referral Link: A Referral Link is a special link made available on AlbionOnline.com to each Account and is specific to that Account. A User can share the Referral Link of his Account with other persons in order to generate Referrals under these Terms.
Referral Program: The Referral Program is a program in connection with Albion Online which enables Users to earn rewards, subject to these Terms, for encouraging natural persons to play Albion Online.
Reward: Rewards are benefits awarded to the Referrer for having generated Vested Qualified Referrals in accordance with these Terms.
Starter Pack: A Starter Pack can be bought on AlbionOnline.com and, once redeemed to an Account, gives that Account access to playing the Game. In the context of this Referral Program, the following also count as Starter Packs: i) trial keys bought in the Game client with silver or gold and ii) Founder Packs previously available on the Website.
User: A User is a natural person who has created an Account.
Website: The Website means AlbionOnline.com
Under the conditions specified in these Terms Sandbox Interactive offers Rewards to Users who encourage other persons to play Albion Online according to these Terms. Users can take part by using the Referral Link provided by Sandbox Interactive for their Account and sending it to another person, or by purchasing a Starter Pack for another person. Rewards are only awarded to Users for the generation of Vested Qualified Referrals (4.1.1. and 4.1.2.) for which the User is the Referrer. No Rewards are given for Disqualified (4.4) or Dropped (4.3) Referrals. Any qualified Referrals generated according to 4.1.1. or 4.1.2. below (“Qualified Referrals”) may become Disqualified Referrals retroactively subject to these Terms.
4. Referral Program
4.1. Making Referrals. Users may take part in the Referral Program by either using the Referral Link provided by Sandbox Interactive, or by purchasing a Starter Pack for another person.
Users may be eligible for a Reward under the conditions of these Terms by generating Vested Qualified Referrals in one of the following ways:
4.1.1. An Account redeems its first Starter Pack, and that Starter Pack was bought by the same Account. If the Account is successfully identified as having been created via a Referral Link of another Account, then by redeeming said Starter Pack, it now counts as a Qualified Referral for the other Account and becomes a Vested Qualified Referral after a specified time period as published by Sandbox Interactive on the Website (“Vested Qualification Period”) since the redemption has passed, provided that the Referral is not Disqualified during that time.
4.1.2. An Account redeems its first Starter Pack, and that Starter Pack was bought by another Account. This Account then counts as a Qualified Referral for the other Account, and becomes a Vested Qualified Referral after the Vested Qualification Period since the redemption has passed, provided that the Referral is not Disqualified during that time.
4.2. Referral Link. An Account may be set up via a Referral Link as follows:
4.2.1. A person receives a Referral Link, clicks on the link, is then transferred to the website AlbionOnline.com and sets up an Account with the Game by clicking “register” and entering their email address.
4.2.2. A person receives a Referral Link, clicks on the link, is then transferred to the website AlbionOnline.com and buys a Starter Pack via the shop. As part of the purchase process, the person is required to enter an email address. An Account is then set up at that email address.
4.3. Dropped Referral. If a Referred Account that has not yet redeemed a Starter Pack redeems a Starter Pack bought by another Account, then it will count as a Qualified Referral for the other Account. It will not count as a Qualified Referral for the Account whose Referral Link was used when the Account was initially created. For that Account it will then count as a dropped Referral (“Dropped Referral”) instead.
4.4. Disqualified Referral. Sandbox Interactive may, in their sole discretion, disqualify a Referral if at least one of the following is true:
4.4.1. the Referral was generated in violation of these Terms, in particular, without limitation, the Marketing Rules, or applicable statutory provisions, and/or
4.4.2. the Referral is in breach of the general Terms and Conditions, and/or
4.4.3. the payment for the Starter Pack that caused the Referral to become a Qualified Referral fails to clear, and/or
4.4.4. the Referral is subject to a chargeback.
A Referral that is disqualified is called a “Disqualified Referral” or “Disqualified”.
5.1. Rewards are given to Users for the generation of Vested Qualified Referrals for which the User is the Referrer, and which are not Dropped or Disqualified.
5.2. The Rewards offered are published on AlbionOnline.com and are subject to be changed with regard to the future by Sandbox Interactive at any time without prior notice to Users. If Sandbox Interactive changes the Rewards, they will generally aim to publish a cut-off date in advance at which the old Rewards will be phased out and replaced by the new Rewards. However, there is no obligation to do so.
5.3. The Reward granted to Users for generating a Vested Qualified Referral depends on the Rewards that were applicable at the time at which that Referral first became a Qualified Referral. Please note that in the event that Sandbox Interactive publishes incorrect information regarding Rewards by mistake, for example by accidentally publishing an incorrect reward amount on the website by inadvertently having added an extra zero to the gold amount promised, Sandbox Interactive reserves the right to declare avoidance (Anfechtung) vis a vis the Users whose Referrals became Qualified Referrals while the incorrect information regarding the Reward was applicable.
5.4. No Rewards are given for Disqualified Referrals or Dropped Referrals.
5.5. Rewards given for Vested Qualified Referrals that become Disqualified retroactively subject to these Terms will be clawed back by Sandbox Interactive.
6. Marketing Rules
6.1. Users are allowed to promote and market Albion Online by using their Referral Link and by purchasing and distributing Starter Packs, subject to these Terms and to the general Terms and Conditions, and in particular to the rules and restrictions outlined in this section 6.
6.2. No email spam. Users may not send unsolicited emails to promote Albion Online.
6.3. No social media spam. Users shall not repeatedly flood the same social media channel or community with identical or similar messages promoting Albion Online
6.4. No cookie dumping. Users shall not use technical means to place their referral cookie on people’s devices without them knowingly and willingly visiting the Albion Online website.
6.5. No false representation. Users shall not frame or duplicate the Albion Online website, give the impression that their website or social media channel is officially related to Sandbox Interactive or that Users are somehow affiliated with the game or its developers.
6.6. No unsuitable content. In promoting Albion Online, Users shall not use communication or content that is obscene, indecent, discriminatory, hostile, offensive, pornographic or illegal.
6.7. No copyright infringement. In promoting Albion Online, Users shall not infringe on the intellectual copyright of others.
6.8. No kick backs. Users shall not offer any rewards - whether in-game or out of game - in return for somebody being referred by them.
6.9. No reselling. Users shall not sell Starter Packs or trade them in return for a consideration, monetary or otherwise. Users may send Starter Packs as a gift.
6.10. No solicitation of User data. Users shall not solicit sensitive data from others Users or prospective Users. In particular, this applies to login credentials and payment data.
6.11. No self referral.
6.11.1. Users shall not create an Account via a referral link belonging to one of their own Accounts.
6.11.2. If Users buy a Starter Pack via one of their Accounts, they may not redeem this Starter Pack on another one of their Accounts if that Account has not previously redeemed a Starter Pack.
7. Intellectual Property and other Rights
7.1. Sandbox Interactive permits Users to use trademarks and intellectual property rights during the Term to the extent necessary and solely for the purpose of promoting Albion Online via Referrals as set forth in these Terms.
7.2. Sandbox Interactive reserves all rights.
7.3. Unless otherwise expressly agreed, there shall be no transfer of rights or goodwill under these Terms.
8. Term and Termination
8.1. Term: This agreement is concluded for an indefinite period of time and ends with its termination. This agreement shall end automatically when the agreement about the use of the game as such ends.
8.2. Termination by Users. Users may terminate this agreement at any time by closing their Account by contacting firstname.lastname@example.org or otherwise by sending a termination notice in text form. Sandbox Interactive advises Users that they remain bound by these Terms as long as the Account is not closed or this agreement is otherwise terminated.
8.3. Termination by Sandbox Interactive.
8.3.1. Sandbox Interactive may terminate your participation in the Referral Program at any time without cause, giving seven (7) days’ notice in text form.
8.3.2. The right to terminate for a compelling reason without notice or with a shorter notice period (as the case may be) shall remain unaffected. For example, Sandbox Interactive may terminate the Agreement for a compelling reason if the User is acting fraudulently or in breach of the Marketing Rules.
8.4. Effects of termination.
If a User’s participation in the Referral Program is terminated in accordance with
8.4.1. clause 8.2. or 8.3.1., the User will no longer be able to generate new Referrals, and existing Referrals will no longer be able to become Qualified Referrals. Referrals that are already Qualified Referrals at the time the termination becomes effective will still be able to become Vested Qualified Referrals.
8.4.2. clause 8.3.2 the User will no longer be able to generate new Referrals and all of the User’s existing Referrals will be disqualified. Sandbox Interactive shall also have the right, in their sole discretion, to recover previously given Rewards from a User’s Account if such Rewards were obtained by the User being in breach of a duty under these Terms or the general Terms and Conditions and/or such Rewards that were disqualified retroactively and the claw back according to 5.5 has failed.
9.1. Sandbox Interactive is liable without restriction according to the statutory provisions under the applicable law for damages of Users caused by intentional or grossly negligent conduct and for personal injury and damages according to the German Product Liability Act (Produkthaftungsgesetz).
9.2. In all other cases, Sandbox Interactive‘s liability for damages – irrespective of the legal grounds – shall be limited as stipulated in the provisions below unless a guarantee accepted by Sandbox Interactive says otherwise:
9.2.1. Sandbox Interactive shall only be liable for damages caused by slight negligence to the extent that such damages result from violating essential contractual obligations (cardinal duties, Kardinalpflichten), i.e. such obligations whose fulfillment is a prerequisite for properly fulfilling the Agreement and which Users may normally expect. Accordingly, insofar as Sandbox Interactive is liable for slight negligence, Sandbox Interactive’s liability shall be limited to the typically foreseeable damage.
9.2.2. Sandbox Interactive’s liability for damages caused by loss of data and/or programs due to slight negligence is limited to the typical cost of restoration, which would have been incurred in case of regular and appropriate data backup by the Users.
9.3. The provisions of the above 9.2 apply accordingly to a limitation of the obligation to indemnify for futile expenses (Art. 284 German Civil Code, BGB).
9.4. The above limitations of liability apply in favor of Sandbox Interactive’s vicarious agents as well.
9.5. Insofar as the providing of Sandbox Interactive’s services can be considered a lease contract under German civil law, Sandbox Interactive shall not be liable according to section 536a subsection 1 of the German Civil Code (BGB), and this statutory provision shall not be applicable (meaning: no warranty without culpability for defects present from the outset).
B. IF YOU ACCESS THE GAME OUTSIDE OF EUROPE
NB.: THIS CLAUSE DOES NOT APPLY IF YOU ACCESS THE GAME IN EUROPE
I. LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SANDBOX INTERACTIVE OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE GAME OR DEFECT IN OR CAUSED BY THE GAME, INCLUDING BUT NOT LIMITED TO COMPROMISING THE SECURITY OF YOUR COMPUTER, OPERATING SYSTEM OR FILES, OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF SANDBOX INTERACTIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, SANDBOX INTERACTIVE’S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE GAME OR REPLACEMENT OF THE GAME WITH PRODUCT OF COMPARABLE RETAIL VALUE, AS SANDBOX INTERACTIVE MAY ELECT IN ITS SOLE DISCRETION. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU IN PART OR WHOLE.
NB.: THIS CLAUSE DOES NOT APPLY IF YOU ACCESS THE GAME IN EUROPE
II. USERS AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS SANDBOX INTERACTIVE AND ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, DIRECTORS, AGENTS, USERS (EXCLUDING YOU), SUBUSERS (EXCLUDING YOU), SUCCESSORS AND ASSIGNS FROM AND AGAINST ANY AND ALL LIABILITY, COSTS, LOSSES, DAMAGES, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES) ARISING OUT OF ANY CLAIM, SUIT, OR CAUSE OF ACTION RELATING TO AND/OR ARISING FROM (A) USER’S BREACH OF ANY TERM OF THIS AGREEMENT; (B) USER’S VIOLATION OF ANY RIGHTS OF ANY THIRD PARTY; OR (C) USER’S USE OR MISUSE OF THE WEBSITE OR THE GAME INCLUDING THE APPS. USER’S INDEMNIFICATION OBLIGATIONS SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCE SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.
10. Mandatory Information for Consumers
Online dispute resolution. The European Commission developed a platform for online dispute resolution (OS), you can find it under http://ec.europa.eu/consumers/odr. European Consumers can use this site for dispute resolution to reach an out-of-court settlement.
Sandbox Interactive does not take part in the above online dispute resolution program, but is required by law to inform consumers about it.
11.1. Notices. Unless otherwise specified in these Terms,
11.1.1. Notices by Sandbox Interactive to Users may be sent by email, via the in-game client or game launcher.
11.1.2. Notices from Users to Sandbox Interactive may be sent by email to email@example.com or by ticket to customer service on AlbionOnline.com.
11.1.3. Announcements to all Users may be made via the website.
11.2. Governing Law. This agreement and the entire contractual relationship between Sandbox Interactive and the User are subject to the laws of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG), even if the User has his personal or company domicile abroad. In relation to consumers, this choice of law shall only apply insofar as the consumer is not deprived of such protection which is provided by mandatory statutory provisions, i.e. which cannot be waived by private agreement, of the country in which the consumer has his habitual residence. The User is deemed a consumer if the transaction in question (e.g. ordering the goods in the shopping cart) is made by the User as a natural person for purposes that predominantly are outside his trade, business or profession.