First Tech, Inc. ("First," "we," "us," or "our") has prepared these User Rewards & Affiliate Program Terms and Conditions (the "Terms") to explain the policies applicable to our User Rewards & Affiliate Program (the "Program"). The terms, conditions, and provisions of these Terms shall apply to all subsequent Program policies issued by First Tech, Inc., unless otherwise specified.
At First, we recognize that when you find a great product, you want your friends,loved ones, or followers to experience the same benefit. That's why we've built a rewards and affiliate program into our business model. By participating in our Program or any other program we may make available from time to time, you can refer prospective customers to First and earn commissions.
To operate the Program, First uses
Rewardful ("Rewardful"), a third-party affiliate and referral tracking platform, to generate referral links and coupon codes, track qualifying referrals, calculate commissions, and facilitate payouts. By participating in the Program, you acknowledge that your participation also relies on Rewardful's services, and that certain information about you and your referrals will be processed by Rewardful in connection with the Program (see "Third-Party Platform; Rewardful" and "Data and Privacy" below).
By participating in the Program, you agree to be bound by these Terms, our
Privacy Policy, our
Terms of Service, and any other applicable terms, including but not limited to those set forth in any other program terms. These Terms govern the introduction of prospective customers to First and the payment of commissions.
First may modify these Terms, the Program (including commission rates, discount amounts, cookie windows, and payout terms), its
Privacy Policy, or its
Terms of Service, or any other applicable terms, at any time, in its sole discretion. First will provide at least fifteen (15) days' prior written notice of any material modification to these Terms or the Program by sending notice to the email address associated with Participant's Affiliate Account. Your continued participation in the Program following any such modifications constitutes your acceptance of these modified terms.
Please read these Terms carefully before participating in the Program. If you do not agree to these Terms, you should not participate in the Program.
Representations and Warranties
By participating in the Program, you represent and warrant that:
• You are an individual (not a company, unless expressly approved or invited by First in writing) who is at least 18 years of age and a U.S. citizen or permanent resident.
• You have the necessary power and authority to perform your obligations under these Terms.
• You have not been previously disqualified by First from participating in its rewards, referral, or affiliate programs.
• You will comply with all Terms, laws, and regulations related to the Program, including, but not limited to, all U.S. state and federal laws and regulations referenced within these Terms, and our
Privacy Policy, and
Terms of Service.
• You will comply with Rewardful's applicable terms of use in connection with your use of the affiliate dashboard, referral links, and coupon codes.
If any of the above conditions are not met, First is not obligated to pay any commission that may otherwise be earned.
Definitions
•
“Program” means First's User Rewards & Affiliate Program, which enables an approved Participant to earn commissions from First for referring new customers to First, and enables new customers referred by a Participant to receive a discount on First Services.
•
“Rewardful” means the third-party affiliate and referral management platform First uses to administer the Program, including generating Referral Links and Coupon Codes, tracking referrals, calculating commissions, and processing payouts.
•
“First Services” means the services offered by First as described at
www.thisfirst.com.
•
“Participant” is an individual or company that has been approved by First to participate in the Program and has been provided with a Referral Link and/or Coupon Code through Rewardful. Participants may include prior First customers or other approved affiliates such as creators or professionals. All non-First customers are subject to approval by First. Participants may also be referred to as
“Affiliates” or
“Partners” throughout First’s marketing and program language.
•
“Affiliate Account” means the account a Participant maintains with Rewardful to access their Referral Link(s), Coupon Code(s), referral activity, commission balance, and payout settings.
•
“Referral Link” is the unique tracking URL assigned to each Participant through Rewardful. When an Eligible Prospect clicks a Participant's Referral Link, Rewardful sets a first-party cookie to attribute any qualifying purchase made within the Cookie Window to that Participant.
•
“Coupon Code” is the unique alphanumeric code that may be assigned to a Participant through Rewardful and used by an Eligible Prospect to receive a discount on the First product they select No more than one Coupon Code may be used per transaction.Coupon codes are reserved for Participants who are prior First customers.
•
“Cookie Window” means the period during which a qualifying purchase is attributed to the Participant after an Eligible Prospect clicks the Participant's Referral Link. The Cookie Window is 60 days, unless otherwise specified by First. Where an Eligible Prospect uses a Coupon Code, attribution is based on the Coupon Code used at checkout.
•
“Eligible Prospect” is an individual who (i) is not and has not been a First customer, (ii) has not previously completed a call with a First representative, and (iii) meets First's qualification criteria to become a First customer.
•
“Converted Customer” means an Eligible Prospect who (i) was attributed to a Participant through that Participant's Referral Link (within the Cookie Window) or Coupon Code, and (ii) subsequently completed a purchase of First Services while the Program is in effect, and (iii) whose payment was successfully processed. A commission will not be payable if a Converted Customer's payment is not successfully processed, is reversed or charged back, or if the Converted Customer requests and receives a refund for First Services.
• "Commission" means the reward a Participant earns when an Eligible Prospect becomes a Converted Customer.
• "Payout Account" means the PayPal or Wise account (or other method made available through Rewardful) the Participant designates to receive Commission payouts.
Program Overview
By agreeing to these Terms and any other applicable agreement between the Participant and First, the Participant may promote First Services to third parties and earn a Commission from First for each Eligible Prospect who becomes a Converted Customer.
Referrals are tracked through Rewardful using the Participant's unique Referral Link and/or Coupon Code. When an Eligible Prospect makes a qualifying purchase that is attributed to the Participant, Rewardful records the referral and calculates the Commission in accordance with these Terms.
Any payment of a Commission to a Participant is subject to review by First, and any Commission may be withheld or denied at First's sole discretion. First is not obliged to do business with any Eligible Prospect as a result of a Participant introduction.
Subject to these Terms, First grants the Participant a limited, non-exclusive, non-transferable license to promote and market First Services, and to use its materials such as social media graphics, marketing materials, case studies, and technology documentation to assist in such activities. The use of First's trademarks is also allowed solely for promotion under the Program, but all rights are reserved by First with no implied rights. Alteration or misuse of First's materials may result in termination of the Participant from the Program.
All referral activities must follow the Program Rules outlined in these Terms and be carried out in good faith to reflect positively on First's goodwill. The Participant agrees not to engage or participate in any activity or course of action that could damage or tarnish the image or reputation of First and its trademarks.
Third-Party Platform; Rewardful
The Program is administered using Rewardful. To participate, a Participant must register for and maintain an Affiliate Account through Rewardful and agree to any applicable Rewardful terms. Referral Links, Coupon Codes, referral tracking, commission calculations, and payout processing are provided through Rewardful and its integrations (including with First's payment processor).
Rewardful uses first-party cookies and tracking links to attribute referrals. First does not control, and is not responsible for, the availability, accuracy, or performance of the Rewardful platform, or for referrals that are not tracked due to a user's browser settings, cookie blocking, ad blockers, use of multiple devices, or failure to use a valid Referral Link or Coupon Code. First is not responsible for any lost or untracked referrals or Commissions resulting from such circumstances.
Participant Approval
Any individual who wishes to participate in the Program and receive Commissions must be approved by First. First will determine whether the applicant is eligible pursuant to the conditions in these Terms to become a Participant. If a Participant is approved, they will receive access to their Affiliate Account, Referral Link, and/or Coupon Code through Rewardful.
Any individual who sends a customer to First without first being approved to participate in the Program shall not be eligible to receive any Commission from First.
Participant shall be deemed an independent contractor under these Terms. Neither acceptance into the Program nor any other provision contained in these Terms intends to create nor shall constitute either First or Participant as the employer, employee, agent, or representative of the other party, or as joint venturers or business partners, for any purpose.
Account Security
Participant is solely responsible for the security of their Affiliate Account and Payout Account, and for keeping their contact and payout information current. First and Rewardful are not responsible for any lost Commissions resulting from a Participant's failure to secure and monitor their Affiliate Account or Payout Account, or from inaccurate payout information. If a Participant loses access to their Affiliate Account, the Participant should promptly contact
firstfriends@thisfirst.com and/or Rewardful support.
Referral Links and Coupon Codes
As a Program Participant, you will receive a unique Referral Link and/or Coupon Code through Rewardful. You will earn a Commission for each Converted Customer who purchases First Services that is attributed to you through your Referral Link (within the Cookie Window) or your Coupon Code; and, where a Coupon Code is used, the Converted Customer will receive a discount by applying your Coupon Code at checkout. No more than one Coupon Code may be used per transaction. Coupons must be applied at the time of purchase and cannot be applied retroactively.
Referral Links and Coupon Codes are intended solely for use by Eligible Prospects who are new customers of First. Referral Links and Coupon Codes may not be used by Participants toward their own purchases, whether directly or indirectly, including through self-referral or the creation or use of multiple accounts or identities. A customer may not combine a Coupon Code discount with receipt of a Commission for the same transaction. Any attempt to circumvent these restrictions, including self-referral or use of a Referral Link or Coupon Code in a manner inconsistent with these Terms, may result in disqualification from the Program, reversal of discounts, forfeiture or clawback of any associated Commission, and/or termination from the Program, in First's sole discretion.
Eligibility & Payment of Commissions
To be eligible for a Commission, the following conditions must be met:
1. Participant must be approved by First and have an active Affiliate Account through Rewardful with a valid Referral Link and/or Coupon Code.
2. An Eligible Prospect must be attributed to the Participant through (i) the Participant's Referral Link, with a qualifying purchase completed within the Cookie Window, or (ii) the Participant's Coupon Code applied at checkout.
3. The Eligible Prospect must subsequently purchase a First Services thereby becoming a Converted Customer.
4. The Converted Customer's payment must be successfully processed and not reversed, charged back, or refunded.
A Participant earns a Commission only after all of the above conditions are met. If any of these conditions are not met, First will decline to pay a Commission.
Commission amount. The Commission payout percent or fixed amount relative to the eligible purchase amount for the Converted Customer's purchase of First Services. Your commission amount can be found in your Rewardful dashboard.
Holding period. Commissions are subject to a holding/clearance period of up to 60 days from the date of the Converted Customer's purchase to account for potential refunds, chargebacks, or cancellations. Commissions associated with a transaction that is refunded, reversed, or charged back during or after this period will not be paid, or will be deducted or clawed back if already paid.
Payouts
Commissions are paid through Rewardful. To receive payouts, a Participant must connect or designate a valid PayPal Payout Account through Rewardful.
• Minimum payout threshold: Commissions are paid once a Participant's cleared balance reaches $50. Balances below the threshold roll over to the next payout period.
• Payout cadence: Cleared Commissions are paid only after the applicable 30-day holding period has elapsed and the underlying transaction is final.
• Taxes: Commissions are taxable income. Participants are solely responsible for any taxes owed on Commissions earned. First and/or Rewardful may require a completed Form W-9 (or other applicable tax documentation) before issuing payouts, and First and/or Rewardful may issue a Form 1099 to Participants who meet applicable reporting thresholds.
Program Rules & Restrictions
Advertising Requirements & Restrictions
Participants must comply with the following program rules. Failure to do so may result in suspension or termination from the Program, and possible forfeiture of earned Commissions, which will be determined in First's sole discretion.
• Use of Referral Links and Coupon Codes: Referral Links and Coupon Codes must be used solely for promoting First's services on authorized platforms, such as your website, emails, blogs, and social networks.
• CAN-SPAM Compliance: You must comply with
CAN-SPAM laws and avoid sending unsolicited emails or using other illegal advertising methods to promote First Services.
• Advertising Claims: Make only factual statements about First's services, avoiding misleading or deceptive advertising claims, and follow all relevant advertising laws.
• Third Party Platform Terms: Adhere to the terms and conditions of search engines, social media platforms, Rewardful, and other third-party platforms when promoting First.
• Branding & Trademarks: First's logos and other trademarks must not be altered. Participants may only use unaltered social media posts and graphics that are approved by or given to them directly by First in any online promotion. First may request removal of any content that it believes is inconsistent with its brand or image. All goodwill arising out of any use of First's trademarks will inure solely to First.
• Endorsements and Testimonials: Comply with the
Federal Trade Commission’s Endorsement and Testimonial guidelines, and disclose any material connection to First, making it clear that you will receive a Commission for referred customers.
• Proprietary Rights: All products, services, marks, documentation, and information related to First, including all associated intellectual property rights and data collected through promotional activities, are the exclusive property of First. No ownership or title of such proprietary information is transferred to the Participant. The Participant agrees not to take any action that conflicts with First's ownership or assist any third party in doing so.
Other Prohibited Conduct
Engaging in the following conduct may result in immediate removal from the Program and forfeiture of earned or paid Commissions:
• Generating or attempting to generate referrals through paid advertising methods, including but not limited to Pay-Per-Click (PPC) campaigns, search engine marketing (SEM), display ads, and similar paid channels. Referrals must originate from organic, direct, or other non-paid promotional efforts made by the Participant.
• Clickjacking, linkjacking, typosquatting, or any sort of domain spoofing methods.
• Pixel or cookie stuffing without the visitor's knowledge and consent.
• Using traffic generated by Google PPC and search ads.
• Posting Referral Links or Coupon Codes on First's social media accounts without authorization.
• Impersonating First or creating misleading ads resembling official content.
• Making deceptive or unsubstantiated claims about First's or competitors' products or services.
• Running social media ads, paid search, and Google display ads regarding First's services without prior approval.
• Using search terms 'First promo code', 'First discount code', 'First coupon code', 'First payments', 'First commission', 'First affiliate', and 'First prenup review' or similar terms deemed unfit in the title, URL, and meta description of website pages, without prior approval.
• Making disparaging remarks, engaging in, or promoting offensive content.
• Engaging in any communication that is defamatory or infringes upon the intellectual property rights of others.
• Advertising First on coupon code websites.
• Self-referral, including the use of a Participant's own Referral Link or Coupon Code for their own purchase, or the creation or use of multiple accounts or identities to circumvent Program restrictions.
Termination from Program & Forfeiture of Commissions
If First determines that a Participant is attempting to obtain an unfair advantage or otherwise violate the Terms or spirit of the Program, First reserves the right to revoke any Commissions, Referral Links, or Coupon Codes issued and/or charge the Participant for amounts improperly obtained. First reserves the right to suspend or terminate a Participant from participating in the Program if a Participant materially breaches these Terms, engages in conduct that is inconsistent with the Program Rules set forth in these Terms, or acts in a manner that could reasonably be expected to harm First's reputation, brand, or business interests. Upon suspension or termination, all rights and licenses granted to a Participant will end, and access to the Affiliate Account through Rewardful may be revoked.
Any Commissions owed to a terminated Participant will be honored if payment was successfully processed for a Converted Customer within 30 days of the Participant's termination and the clearing of the applicable holding period (as noted above); except in the event the Commission was earned in violation of these Terms, which would result in the forfeiture of such Commission.
In the event First has paid a Commission for a referral that is subsequently deemed ineligible for any reason, including but not limited to a violation of these Terms, First's error, a refund or chargeback, or any misrepresentation by the Converted Customer, First reserves the right to seek return of such Commission or deduct the amount from any balance owed to the Participant.
Limitation of Liability
To the maximum extent permitted by applicable law, First shall not be liable to Participant or any third party for any indirect, incidental, consequential, special, or punitive damages, or any loss of profits or revenue, arising from or related to the Program or the Rewardful platform, whether based on contract, tort, or any other theory of liability, even if First has been advised of the possibility of such damages. First's total aggregate liability under these Terms shall not exceed the total Commissions actually paid to Participant in the twelve (12) months preceding the event giving rise to the claim. Nothing in this section excludes or limits liability for fraud, willful misconduct, or gross negligence. These limitations are an essential part of these Terms.
Indemnification
Participant agrees to indemnify, defend, and hold harmless First Tech, Inc., its officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to (a) Participant's promotional activities under the Program, including any content created or distributed by Participant, (b) any breach of these Terms by Participant, (c) any violation of applicable law by Participant, including the Federal Trade Commission Act, the CAN-SPAM Act, or any state consumer protection law, or (d) any claim that Participant's promotional content infringes the intellectual property rights of a third party.
Data and Privacy
In connection with the Program, First and Rewardful will process certain personal information about Participants (such as name, email, and payout details) and about referred prospects and customers (such as referral activity and purchase information) to administer referrals, calculate Commissions, and process payouts. First's handling of personal information is described in our
Privacy Policy. By participating, you acknowledge that information will be shared with and processed by Rewardful and its sub-processors for these purposes.
Governing Law
The Program and performance of the Terms hereunder will be governed by the laws of the State of California without regard to its conflict of laws provisions.
Confidentiality
In connection with the Program, Participant may receive or have access to non-public information relating to the Company's business, including Commission rates, program economics, conversion data, marketing strategies, and other information made available through the Affiliate Account or otherwise disclosed by the Company ("Confidential Information"). Participant agrees to (a) keep all Confidential Information strictly confidential, (b) not disclose Confidential Information to any third party without the Company's prior written consent, and (c) use Confidential Information solely for the purpose of participating in the Program. Confidential Information does not include information that (i) is or becomes publicly available through no fault of Participant, (ii) was known to Participant prior to disclosure by the Company, (iii) is independently developed by Participant without use of or reference to Confidential Information, or (iv) is required to be disclosed by law, regulation, or court order, provided that Participant gives the Company prompt written notice of such requirement (to the extent legally permitted) and cooperates with the Company's efforts to obtain protective treatment. Upon termination of Participant's participation in the Program, Participant shall promptly cease using and, upon request, return or destroy all Confidential Information in Participant's possession or control.
Dispute Resolution By Binding Arbitration
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
1. Agreement to Arbitrate
This section titled "Dispute Resolution by Binding Arbitration" is referred to in these Terms as the "Arbitration Agreement." You and First Tech, Inc. ("Company") agree that any and all disputes or claims that have arisen or may arise between you and the Company, whether arising out of or relating to these Terms (including any alleged breach thereof), the Program, any Commission or payout, any promotional activity, or any aspect of the relationship or transactions between you and the Company, will be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that (1) you may assert individual claims in small claims court if your claims qualify, and (2) you or the Company may seek equitable relief in court for infringement or other misuse of intellectual property rights. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by accepting these Terms, you and the Company are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury, unless you proceed in small claims court. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
2. Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND THE COMPANY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND THE COMPANY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
3. Pre-Arbitration Dispute Resolution
The Company is always interested in resolving disputes amicably and efficiently, and most Program-related concerns can be resolved quickly by emailing firstfriends@thisfirst.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail or email, a written Notice of Dispute ("Notice"). The Notice to the Company should be sent to legal@thisfirst.com ("Notice Address"). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If the Company and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or the Company may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by the Company or you will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or the Company is entitled.
4. Arbitration Procedures
Arbitration will be conducted by a single neutral arbitrator in accordance with JAMS' Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules, or pursuant to JAMS' Streamlined Arbitration Rules and Procedures, in any case as modified by this Arbitration Agreement. The place of arbitration will be Los Angeles, California. For information on JAMS, please visit its website,
www.jamsadr.com. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. If there is any inconsistency between any term of the JAMS Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms as a court would. All issues are for the arbitrator to decide, including issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. Unless the Company and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by JAMS. If your claim is for $10,000 or less, the Company agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the JAMS Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the JAMS Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
5. Costs of Arbitration
Payment of all filing, administration, and arbitrator fees (collectively, the "Arbitration Fees") will be governed by the JAMS Rules, provided that if your claim for damages does not exceed $75,000 then we will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). Any payment of attorneys' fees will be governed by the JAMS Rules.
6. Confidentiality
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
7. Severability
If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than subsection 2 above titled "Prohibition of Class and Representative Actions and Non-Individualized Relief") is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection 2 above titled "Prohibition of Class and Representative Actions and Non-Individualized Relief" are invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of these Terms will continue to apply.
8. Future Changes to Arbitration Agreement
Notwithstanding any provision in these Terms to the contrary, the Company agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a Participant in the Program, you may reject any such change by sending the Company written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
Survival
The following provisions shall survive any termination or expiration of these Terms or of a Participant's participation in the Program: Indemnification, Limitation of Liability, Proprietary Rights, Data and Privacy, and any other provisions that by their nature are intended to survive.
Notices
The folloAll general Program notices and inquiries to the Company shall be sent to firstfriends@thisfirst.com. Legal notices, including any Notice of Dispute under the Arbitration Agreement, shall be sent to legal@thisfirst.com. Notices to Participant will be sent to the email address associated with Participant's Affiliate Account. Notice is deemed given when sent by email to the applicable address.wing provisions shall survive any termination or expiration of these Terms or of a Participant's participation in the Program: Indemnification, Limitation of Liability, Proprietary Rights, Data and Privacy, and any other provisions that by their nature are intended to survive.
Modification
First may modify these Terms and the Program in accordance with the modification provisions set forth in the introduction to these Terms. No other amendment or modification of these Terms shall be effective unless made in writing and executed by First.
Assignment
Participant may not assign or transfer any rights or obligations under these Terms without First's prior written consent. First may freely assign these Terms without restriction. Any purported assignment in violation of this section is void.
Waiver
First's failure to enforce any provision of these Terms shall not constitute a waiver of that provision or the right to enforce it at any later time.
Severability
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
Entire Agreement
These Terms, together with the Privacy Policy, Terms of Service, and any other terms expressly incorporated by reference, constitute the entire agreement between the parties with respect to the Program and supersede all prior or contemporaneous agreements, understandings, or communications regarding the same.