Refer a Friend Program
TERMS AND CONDITIONS
1. DEFINITIONS AND INTERPRETATION
1.1. Terms that are capitalised in the present terms and conditions of Monestro’s Refer a Friend Program (hereinafter referred as Terms and Conditions) have the same meaning as the terms used in the Monestro’s Portal General Terms and Investor Assignment unless indicated differently in the present Terms and Conditions.
1.1.1. Monestro means Monestro P2P OÜ, which maintains and administrates the Portal and fulfils other responsibilities specified in the Assignment Agreement and Portal General Terms;
1.1.2. Refer a Friend Program means this respective Monestro’s Refer a Friend Program;
1.1.3. Referrer means an Investor who introduces other person to be an Investor under the Refer a Friend Program by sending respective referral URL link made available to the Investor on its Portal Account;
1.1.4. Referred Person means a person, who registers itself as an Investor by complying all needed Portal General Terms and any other Monestro’s services’ terms and conditions by using the unique referral URL link sent by the Referrer under the Refer a Friend Program;
1.1.5. Referral Link means a unique referral URL link generated for the Referrer by Monestro for participating in the Refer a Friend Program;
1.1.6. Referral Bonus means a bonus as a monetary payment or bonus by other means to the Referrer if all conditions applicable for the Referrer are fulfilled;
1.1.7. Registration Bonus means a bonus as a monetary payment from Monestro to the Referred Person if all conditions applicable for the Referred Person are fulfilled;
1.1.8. Registration Date means a day when the respective Referred Person registers itself as an Investor in the Portal using the Referral Link which was received from the Referrer and the registration can be tracked by Monestro;
1.1.9. Investment Date means a day when the respective Referred Person make an investment on its Portal Account during 90 calendar days as of the Registration Date;
1.1.10. Investment Balance means following calculation: purchased Claims at purchase price – principal repayments from the Claims – amount received as Registration Bonus – sold Claims at sales price (if applicable).
2. GENERAL TERMS
2.1. Monestro may from time to time offer an opportunity to earn bonuses by referring other persons to become an Investor of Monestro. Monestro reserves the right to suspend, terminate or change the Terms and Conditions of the Refer a Friend Program, including amounts of the bonuses granted under the Refer a Friend Program at any time and for any reason.
2.2. Monestro may change the Terms and Conditions, with immediate effect and without giving Investors any prior notice. New versions of the Terms and Conditions as well as other terms of Refer a Friend Program are published on the Platform.
2.3. The Terms and Conditions shall apply to Investors or other persons who participate in the Refer a Friend Program. By participating in the Refer a Friend Program the Investors and other persons agree to use the Refer a Friend Program in the manner specified in these Terms and Conditions and do not breach the Portal General Terms or any other terms and conditions of Monestro’s services.
2.4. The Investors or any other persons are deemed to participate in the Refer a Friend Program if they fulfil the requirements applicable for the Referrer or the Refer Person as described below. The Investors participating in the Refer a Friend Program bear a burden of proof on proving needed evidence that indicates that they meet all needed requirements under the Terms and Conditions. It means that if Monestro finds out that any of the requirements is breached by the Investor or the other person who wants to participate in the Refer a Friend Program, it is considered as a breach until and unless the respective Investor or any other person who want to participate in the Refer a Friend program sends evidence that Monestro finds sufficient.
2.5. The Investor or any any other person will not be considered as a Referrer or the Referred Person and will not receive the Referral Bonus and/or the Registration Bonus under these terms, if:
2.5.1. the Referrer or the Referred Person have breached these Terms and Conditions, Portal General Terms or any other terms and conditions for Monestro’s or its affiliates’ services applying on them;
2.5.2. the Referred Person has not registered itself as an Investor through the Registration Link and/or Monestro is not able to track such registration (for example the Referral Link is not present in the cookie etc.);
2.5.3. the Referred Person is already an Investor of Monestro’s Portal and/or has already participated in the Refer a Friend Program;
2.5.4. the Referrer or the Referred Person have no right to become an Investor of the Portal in accordance with any terms or conditions of Monestro or its affiliates;
2.5.5. the Referrer or the Referred Person has misused or exploited the Monestro’s Refer a Friend Program (for example created multiple or fake accounts or participate in the offer using multiple or fake e-mail addresses or identities, take advantages of the Refer a Friend Program that is not specifically allowed under these Terms and Conditions etc.);
2.5.6. the Referrer or the Referred Person conduct any fraudulent activities (for example there is an illegal use of Monestro trademark, intellectual property or other breach of any Monestro’s rights or other activities against the law are deemed as fraudulent activities);
2.6. For the avoidance of doubt, the activities which are considered as an illegal use of Monestro’s trademark, amongst other illegal intellectual property usages or is considered as a breach of Monestro’s rights, are following (this is a non-exhaustive list of examples);
2.6.1. acting directly or indirectly in the name of Monestro (i.e. there must be a clear distinction from acting as Monestro or by acting as you for the third parties);
2.6.2. opening or operating any social media account, portal or website which uses Monestro’s name, logo or trademark;
2.6.3. using the paid search ads (for example Google, Facebook or other similar) with Monestro brand-related or generic keywords, sending traffic to your domain and automatically redirecting it to Monestro’s sites or which directly link to Monestro sites with affiliated link;
2.6.4. promoting Monestro in e-mails/SMS or other similar means or push notifications without the opt-out option for their audience;
2.6.5. adding Monestro links to any adult, casino, cashback, coupons, discriminatory, websites consisting hostile or offensive content or incitements to violence or websites with content that fails to respect the legal rights of others (including infringement of the intellectual property rights of others, such as file-sharing, torrent or pirate sites or other forms of intellectual property piracy) or which is defamatory to others or other similar websites;
2.6.6. integrating in browser extensions or using an automated system, script, program, dialer, or bot through any channel to distribute or posting the Referral Link;
2.6.7. doing other activities which violate directly or indirectly Monestro’s rights or harm in any way Monestro’s reputation.
2.7. Monestro’s website, marketing materials, trademark, brand, URLs, Referral Link and other similar Monestro’s business activity products and rights attached to these, fall strictly under protection of international copyright, intellectual property law or other respective law. Upon misusing the Refer a Friend Program Terms and Conditions, Monestro can use all legal remedies against the Investor(s) or other persons who wants to participate in the Refer a Friend Program, including initiate a court proceeding.
2.8. The Referral Link and any other Monestro’s URLs are only for personal use, i.e. distributing of named Referral Link or any other URLs without Monestro’s prior written consent for the Referrer’s, Referred Person’s or third party’s economic purposes which is not clearly allowed under these respective Terms and Conditions and activities with criminal, slanderous or otherwise illegal nature are prohibited. Monestro has full right to decide whether the activity of the Investor or other party who wants to participate or already participates in this Refer a Friend Program is consider as prohibited activity or not, i.e. the activities which fall into provided as an examples under the Terms and Conditions are subject to definition by Monestro’s sole discretion.
2.9. It is strictly prohibited to alter, change, modify the original Referral Link or any other Monestro’s URLs or share the Referral Link or any other Monestro’s URLs on Monestro’s public channels. It is not allowed to use the Referral Link or any other Monestro’s URLs in any way that is against the values of Monestro and/or against with the good business standards.
2.10. The Referrer or the Referred Person may not use illegal or otherwise objectionable content in connection with any communications relating to the Refer a Friend Program and to any Referrals made under the Refer a Friend Program.
2.11. The Referrer and the Referred Person will be responsible for any tax reporting and/or payment obligations applicable in respect to any bonuses received under this Refer a Friend Program.
2.12. The exploitation or abuse of Monestro’s website software bugs are strictly prohibited. The Investor, who identifies any named software bugs, must inform Monestro about the bug immediately after noticing the software bug by contacting support@monestro.com. If the Investor exploits or abuses Monestro software bugs in any way, Monestro will use all legal remedies against the Investor, including if needed, initiate court proceeding against the Investor or other party who wants or participates in the Refer a Friend Program.
2.13. Monestro reserves the right to disqualify any Investor (incl. block the Investor Account) at any time from participation in the Refer a Friend Program if such Investor does not comply with the Terms and Conditions, Portal General Terms or any other terms and conditions for other Monestro services that applies to respective Investor. Monestro reserves the right to disqualify any other person who wants or already participates in the Refer a Friend Program but is not the Investor yet (incl. block possibility to open the Portal Account in future) at any time from participation in the Refer a Friend Program if such person does not comply with the Terms and Conditions, Portal General Terms or any other terms and conditions for other Monestro’s services that applies to respective person.
2.14. All bonuses under these Terms and Conditions are subject to verification by Monestro in its sole discretion. Monestro may withhold a Referral Bonus and/or Registration Bonus for investigation if the Referrer’s or Referred Person’s activity deems fraudulent, suspicious or the Referrer or the Referred Person is in violation of these Terms and Conditions, Portal General Terms or any other terms and conditions for Monestro’s services. Monestro has a right to modify or amend at any time the methods through which the bonuses are earned, calculated and paid out.
2.15. Please note that under Monestro’s sole discretion, if the Referred Persons’ investments will be partially or fully withdrawn from the respective Referred Person’s Portal Account within 90 calendar days from the date of the Referral Bonus and/or Registration Bonus being paid to the Referred Person’s and Referrals’ Portal Account, Monestro has the full right to claim back the full Referral Bonus paid out at any time.
2.16. Monestro may use third parties (including court) to collect back the Referral Bonus and/or Registration Bonus or any other bonuses from the Referral and Referred Person paid out under this Refer a Friend Program.
2.17. Monestro reserves the right to claim back the Referral Bonus and/or Registration Bonus after such bonus has been credited to Referrer’s or Referred Person’s Portal Account and Monestro deems that the Referrer or respective Referred Person have misused or exploited the Refer a Friend Program, breached the Terms and Conditions, the Portal General Terms or any other terms and condition for the Monestro’s or it’s affiliates’ services. Monestro has right to offset the amount of paid bonus(es) with the money available on the respective Investor’s Portal Account. If Monestro’s claim is higher than the amount that can be offset on the respective Investor’s Portal Account, Monestro has right for claiming an additional repayment of paid bonus(es) in addition to already offset money.
2.18. Legal relationships arising from participating in this Refer a Friend Program are governed by these Terms and Conditions, the Portal General Terms or other respective terms and conditions of Monestro’s or it’s affiliates’ services.
Please contact Monestro for any issue and/or for any additional information at any time by sending an e-mail to support@monestro.com.
3. QUALIFYING AS A REFERRER
3.1. If an Investor wants to participate in the Refer a Friend Program as a Referrer, the Referral Link will be made available on the Investor’s Portal Account. The Referrer may share, send or make the Referral Link available to third persons under the conditions set under the Terms and Conditions.
3.2. If an Investor falls under Referrer’s status and no conditions set by the Terms and Conditions are breached, the Investor will be granted with Referral Bonus.
3.3. The Referrer will receive a one-time Referral Bonus of 1% of the investments (in maximum amount of 500 EUR) made by the respective Referred Person through the Portal, which will be calculated as follows:
3.3.1. the calculation of the Referral Bonus will be done on the Investment Date;
3.3.2. the Referral Bonus will be calculated from the amount of Investment Balance only if the investment by the Referred Person is at least 10 EUR within 90 calendar days as of the Registration Date;
3.3.3. deposits from third parties are excluded from the Investment Balance;
3.3.4. the Referral Bonus will be granted to the Referrer’s Portal Account within 30 calendar days after the Investment Date, if all the conditions for the Referral Bonus have been fulfilled and the investment by the Referred Person is approved by Monestro
3.4. The Referrer can participate in the Refer a Friend Program up to five times, i.e. the Referral Bonus will be credited up to five times upon referring five persons who qualify as the Referred Person (i.e. five separate Referred Persons).
4. QUALIFYING AS A REFERRED PERSON
4.1. If an Investor wants to participate in the Refer a Friend Program as a Referred Person, the registration in the Monestro Portal must be done using the Referral Link provided by the Referrer and Monestro is able to track the Referral Link usage during registration.
4.2. If an Investor falls under Referred Person’s status and no conditions set by these Terms and Conditions, Portal General Terms or other respective terms and conditions of Monestro’s services are breached, the Referred Person will be granted with a Registration Bonus.
4.3. The Referred Person will receive to respective Investor Account a one-time Registration Bonus of 5 EUR for investing via Portal if the investment by the Referred Person is at least 10 EUR during 30 calendar days from the Registration Date. Deposits from third parties are excluded.
4.4. The Registration Bonus will be credited to the Referred Person’s Portal Account immediately after the Referred Person Portal Account is approved and all the conditions for the Registration Bonus is fulfilled.
4.5. The Referred Person can participate in the Refer a Friend Program only once, i.e. the Registration Bonus will be credited only once.
4.6. Monestro reserves the right to reclaim the Registration Bonus in full if the respective Investor has received such Registration Bonus and has not invested in amount of at least 10 EUR within the 30 calendar days of the receipt of such Registration Bonus.
4.7. In case the Registration Bonus has been used for purchasing the Claim by the respective Investor, Monestro has a right to sell the Claim and transfer the funds received from such sale to the account of Monestro or transfer the ownership of the respective Claim to Monestro on behalf of the respective Investor. Monestro is not obligated to notify the respective Investor of such reclaim of the Registration Bonus or a sale of the Claim.