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By participating in the eBay Refer a Friend Program ("Program"), you agree to be bound by these Official Terms and Conditions, the eBay User Agreement, and Privacy Policy.
Qualification for the Program begins at 12:00:01 AM (PT) August 15, 2007, subject to applicable law, and ends 11:59:59 PM (PT) September 15, 2007 ("Program Period"), subject to the following terms and conditions.
How do I qualify for receiving the $5 credit promoted as part of this Program?
Subject to the requirements set forth below, you will receive credit to your eBay Seller account as a referrer who is participating in the Program described at http://pages.ebay.com/referafriend (or its successor link) in the amount of $5 for each of up to 10 Eligible Referred Friends who creates a Qualified Listing (each a "$5 Credit"), if you are an Eligible Referrer and do as follows: refer your friends during the Program Period and at least one (1) of your Eligible Referred Friends completes a Qualified Listing during the Program Period. The Eligible Referrer will receive one $5 Credit for each Eligible Referred Friend that completes a Qualified Listing during the Program Period, up to a maximum amount of credit of $50.
An Eligible Referred Friend may receive the insertion fees and Gallery upgrades free for his or her first three Qualified Listings. The free insertion fees and Gallery upgrade fees ("Free Qualified Listings Credit") will be awarded as a credit to the Eligible Referred Friend's eBay Seller account in the amounts specified in the table below. All other fees (such as Final Value Fee) and other optional listing upgrade fees (such as Bold, Border, Featured Plus!, Highlight, Home Page Featured, Gallery Featured, Gift Services, Reserve listing fee, Listing Designer, Picture Services, Subtitle, Picture Show, Supersize Picture, and extended duration surcharges) will still be charged and not included in the Free Listings Credit.
Starting Price
Current Regular Insertion Fees
During Program Period
$0.01 - $0.99
$0.20FREE Insertion Fee (up to 3)
$1.00 - $9.99
$0.40 FREE Insertion Fee (up to 3)
$10.00 - $24.99
$0.60FREE Insertion Fee (up to 3)
$25.00 - $49.99
$1.20 FREE Insertion Fee (up to 3)
$50.00 - $199.99
$2.40 FREE Insertion Fee (up to 3)
$200.00 - $499.99
$3.60 FREE Insertion Fee (up to 3)
$500.00 and up
$4.80 FREE Insertion Fee (up to 3)
Gallery
Current Regular Gallery Fees
During Program Period
Gallery Listing Upgrade
$0.35FREE Gallery (up to 3)
The Free Qualified Listings Credit does not apply to the following types of listings: All eBay Motors listings (including Parts & Accessories, Passenger Vehicles, Motorcycles, Power Sports, and Other Vehicles); the following Business and Industrial categories: tractors & farm machinery (Category ID 91952), heavy equipment (Category ID 25249), concession trailers, carts (Category ID 67145), imaging and aesthetics equipment (Category ID 92035), forklifts and other lifts (Category ID 97185), manufacturing equipment (Category ID 92080), metalworking equipment (Category ID 92082), and commercial printing presses (Category ID 26247); International; Live Auction; Professional Services; Real Estate; Ad Format; and Store Inventory listings. The Free Qualified Listings Credit does not apply to listings with a start date prior to the beginning of the Program Period, including those listings revised during the Program Period. The Free Qualified Listings Credit also does not apply to listings created during the Program Period but scheduled to start after the end of the Program Period.
"Eligible Referred Friend,""Qualified Listing," and "Eligible Referrer" are each defined below.
Subject to the requirements set forth below, you will receive the Free Qualified Listings Credit if you are an Eligible Referred Friend and do as follows: complete a Qualified Listing. "Qualified Listing" means a listing submitted by a Referred Friend on the eBay site during the Program Period after the Referred Friend's receipt of the invitation from an Eligible Referrer to join the Program.
An Eligible Referrer will not receive the $5 Credit if his or her referrals through the Program are rejected or are not received for any reason, and an Eligible Referrer and Eligible Referred Friend will not receive, respectively the $5 Credit or Free Qualified Listings Credit if he or she fails to comply with any of these Terms and Conditions.
Am I an Eligible Referrer or an Eligible Referred Friend, and what are the requirements of the Program?
You are an Eligible Referrer if you are a registered Seller of eBay.com and have an eBay account that is in Qualified Standing. In order for your account to be deemed to be in Qualified Standing in accordance with the requirements of this Program: (A) you must not have a hold on your eBay account; (B) your eBay account must not be suspended or past due during the Program Period; and (C) you have a minimum feedback rating of 10 for your eBay account.
You are an Eligible Referred Friend if you are a registered member of eBay.com and meet all of the following requirements: (A) you are a United States resident who is 18 years of age or older; (B) you are not a household member of or have the same telephone number as the Eligible Referrer who referred you; and (C) you have not submitted a listing on the eBay site prior to the beginning of the Program Period.
If I'm an Eligible Referrer who qualifies for the Program, when will I receive my $5 Credit under the Program?
The $5 Credit is estimated to be awarded to your eBay Seller account (associated with your eBay User ID) within approximately six weeks of the end of the Program Period, subject to satisfaction of these Terms and Conditions (and other applicable rules) and any delays due to technical difficulties or other unforeseen circumstances. The $5 Credit is not refundable for cash.
If I'm an Eligible Referred Friend who qualifies for the Program, when will I receive my Free Listings Credit under the Program?
The Free Qualified Listings Credit is estimated to be awarded to your eBay Seller account (associated with your eBay User ID) within approximately six weeks of the end of the Program Period, subject to satisfaction of these Terms and Conditions (and other applicable rules) and any delays due to technical difficulties or other unforeseen circumstances. Please note: The Free Listings Credit will not be shown during the listing process.
Governing Law.
This Program and these Official Terms and Conditions will be interpreted, construed, and enforced in all aspects in accordance with the laws of the State of California, without giving effect to any principles of conflicts of laws.
Limitation of Liability.
BY PARTICIPATING IN THE PROGRAM, PARTICIPANTS AGREE TO WAIVE ANY RIGHT TO CLAIM AMBIGUITY IN THESE TERMS AND CONDITIONS, AND RELEASE, INDEMNIFY AND HOLD HARMLESS EBAY INC., AND ALL OF ITS AFFILIATES, SUBSIDIARIES, AND EACH OF THEIR RESPECTIVE AGENTS, REPRESENTATIVES, OFFICERS, DIRECTORS, SHAREHOLDERS, AND EMPLOYEES (COLLECTIVELY, "RELEASEES") FROM AND AGAINST ANY INJURIES, LOSSES, DAMAGES, COSTS, EXPENSES, CLAIMS, ACTIONS, AND LIABILITY OF ANY KIND RESULTING FROM OR ARISING FROM PARTICIPATION IN THE PROGRAM OR ACCEPTANCE, POSSESSION, USE, MISUSE OR NONUSE OF ANY $5 CREDITS OR FREE QUALIFIED LISTINGS CREDITS PARTICIPANTS RECEIVE OR BELIEVE PARTICIPANTS SHOULD RECEIVE. THIS LIMITATION OF LIABILITY IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES, COSTS, EXPENSES, AND DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION) COMPENSATORY, GENERAL, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; LOSS OR DAMAGE TO PROPERTY; AND CLAIMS OF THIRD PARTIES.
Disclaimers.
PARTICIPANTS AGREE THAT RELEASEES HAVE NOT MADE NOR ARE IN ANY MANNER RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION, CONDITION, OR GUARANTEE, WHETHER STATUTORY, EXPRESS, OR IMPLIED (INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE), IN FACT OR IN LAW, RELATIVE TO THE PROGRAM, THE $5 CREDITS, OR THE FREE QUALIFIED LISTINGS CREDITS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, RELEASEES DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE EBAY SITE, AND RELEASEES SHALL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS RELATED THERETO. RELEASEES ARE NOT RESPONSIBLE FOR PRINTING OR TYPOGRAPHICAL ERRORS IN ANY MATERIALS RELATED TO THE PROGRAM; FOR STOLEN, LOST, LATE, OR MISDIRECTED $5 CREDITS OR FREE QUALIFIED LISTINGS CREDITS; OR FOR REFERRALS, TRANSACTIONS, AND/OR EMAILS THAT ARE LOST, MISDIRECTED, FAIL TO ENTER INTO THE PROCESSING SYSTEM, OR ARE PROCESSED, REPORTED, OR TRANSMITTED LATE OR INCORRECTLY OR ARE LOST FOR ANY REASON INCLUDING COMPUTER, TELEPHONE, PAPER TRANSFER, HUMAN, OR OTHER ERROR; OR FOR ELECTRONIC, COMPUTER, OR TELEPHONIC MALFUNCTION OR ERROR, INCLUDING INABILITY TO ACCESS ANY WEB SITE ASSOCIATED WITH THIS PROGRAM, OR PROCESS ANY TRANSACTION THEREON.
Additional Term and Conditions.
eBay reserves the right to modify, suspend, or terminate the Program in its entirety at any time and for any reason in its sole discretion. eBay reserves the right to void any $5 Credits or Free Listings Credits issued by eBay in the event eBay decides, in its sole discretion, that you have violated any of these Terms and Conditions or the eBay User Agreement (and any policies incorporated therein). Void where prohibited by law. This Program and these Terms and Conditions are subject to all applicable federal, state, and provincial laws and regulations. Any $5 Credit or Free Qualified Listings Credit will be net of any taxes and you must pay any applicable taxes. If, in eBay's opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Program or the $5 Credits or Free Qualified Listings Credit, or if a computer virus, bugs, unauthorized intervention, fraud, or technical difficulties or failures compromise or corrupt or affect the administration, integrity, security, fairness, or proper conduct of the Program, eBay reserves the right at its sole discretion to disqualify any individual involved in any such harmful or illegal activities, and to modify or suspend the Program, or to terminate the Program. Any attempt by an entrant or any other individual to deliberately damage any Web site or undermine the legitimate operation of the Program is a violation of criminal and civil laws, and should such an attempt be made, eBay reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Any attempts by an individual to access any Web site associated with this Program via a bot, script, macro, or other automated means, or other brute force attack or any other unauthorized means will result in the IP address becoming ineligible, in addition to any other remedies available at law or in equity. Use of automated, programmed, falsified, or like entry devices or programs is prohibited and all such entries are void.
Privacy.
By registering for the Program, you agree to eBay Inc.'s and its subsidiaries' and affiliates' (and their respective service providers') collection, use, and disclosure of any personal information you may submit for the purposes of administering the Program, $5 Credits, and Free Qualified Listings Credit as set out in these Official Terms and Conditions and in our Privacy Policy at http://pages.ebay.com/help/community/png-priv.html
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