REWARD ISSUANCE: The Reward will be issued in US Dollars to Eligible Referrers via a Zelle Payment. Either a W-9 or W8-BEN form must be completed, submitted and approved for all Rewards and the W-9 or W8-BEN form must match the name of the reward recipient. W-9 Forms must be emailed to eley@eleyphoto.com with the subject “W9”.  If a valid and complete W-9 or W8-BEN form has not been received and approved within sixty (60) days of a referral becoming eligible for issuance, the Reward shall be deemed forfeited. In the event the Eligible Referrer’s account has a past due balance (in the case where the Eligible Referrer is a Eley Photo customer), Eley Photo may elect to offset the Reward against any such past due balance. In any case, Rewards are considered taxable income and are subject to local, state and federal taxes. If the Eligible Referrer is eligible to participate in a Rewards program, a 1099 tax form will be generated and mailed to you for tax reporting purposes. Eley Photo recommends that you keep all statements and documents for record keeping purposes. The reward will be issued up to ninety (90) days after a new customer has been deemed eligible under these Referral Program rules. The reward amount will be based on the gross revenue of Eligible Products after the ninety (90) day eligibility time frame.

GENERAL CONDITIONS: By participating in the Referral Program, you agree to release, discharge, indemnify and hold harmless Eley Photo, its parent, subsidiaries, affiliates, retailers, and advertising and promotion agencies, and all of their respective officers, directors, shareholders, employees and agents (collectively, “Released Parties”) from any liability or damages which may arise out of participation in the Referral Program or out of the acceptance, use, misuse or possession of any Reward or products attained through this Referral Program. You further agree not to: (a) bind, create any obligation (express or implied) or negotiate prices or other terms and conditions on Eley Photo’s behalf (nor represent to any person, including any prospective Eley Photo customer or New Eligible Customer, that you have authority to do so); or (b) make any claims regarding the Eley Photo services beyond those made by Eley Photo in the documentation relating to Eley Photo services available at share.eleyphoto.com. Moreover, you also agree that any promotion methods that you use to promote Eley Photo products and services to prospective Eley Photo customers shall be in accordance with all applicable laws and regulations. All applicable federal, state, and local laws and regulations apply.

Eley Photo MARKS. You acknowledge that Eley Photo’s names, logos, trademarks, service marks and other intellectual property (and the names of certain products and packages that are provided by Eley Photo) (collectively, “Eley Photo Marks”) are the exclusive property of Eley Photo and that you do not have any proprietary rights therein. You may only use and display Eley Photo Marks to the extent specifically designated or authorized in advance by Eley Photo. Any marketing materials, communications and displays produced by you shall: (1) be produced at your sole cost and expense; (2) comport with reasonable standards of good taste; (3) comply with Eley Photo’s then-current marketing and legal compliance guidelines and rules, which may be updated from time to time; and (4) comply with applicable laws. For the avoidance of doubt, all publications or public displays using Eley Photo Marks must be reviewed and approved in advance by Eley Photo prior to first use. All Eley Photo Marks are and will remain the sole property of Eley Photo. The permissions to Eley Photo Marks are revocable by Eley Photo at any time in Eley Photo’s sole discretion upon thirty (30) days’ notice and immediately without opportunity to cure if, in our sole discretion, you infringe or improperly use or publish any of our Marks. For avoidance of doubt, all applicable federal, state and local laws and regulations apply.

Released Parties are not responsible for late, lost, incomplete, delayed, inaccurate, garbled, undelivered, misdirected referrals or Rewards or other errors or problems of any kind relating to or in connection with the Referral Program, whether printing, typographical, technical, computer, network, human, mechanical, electronic or otherwise, including, without limitation, errors or problems which may occur in connection with the administration of the Referral Program, the verification of Eligible New Customers, the tracking of referrals and Eligible New Customers, the announcement of the Rewards or in any Referral Program-related materials. Persons found tampering with or abusing any aspect of this Referral Program, who are acting in a disruptive or unsportsmanlike manner or who are otherwise not in compliance with these terms as solely determined by Eley Photo will be disqualified from the Referral Program and all points and/or Rewards will immediately be deemed void. Released Parties are not responsible for injury or damage to participants’ or to any other person’s computer related to or resulting from participating in this Referral Program or downloading materials from or use of the Referral Website or EleyPhoto.com.

Eley Photo reserves the right at any time to modify, suspend or cancel the Referral Program or the Rules at any time. Any changes Eley Photo makes will be effective immediately on notice, which it may give either by posting on the Referral Website, EleyPhoto.com or via e-mail. Your participation in the Referral Program after such notice will be deemed acceptance of such changes. You should review these Rules periodically to ensure familiarity with the most current version. You will always be able to tell when the version was last updated by checking the "Last Revised" date at the top of these Rules. All questions or disputes regarding the Referral Program, including without limitation, those involving eligibility, participation, fraud and abuse will be resolved by Eley Photo.

Eley Photo also reserves the right to disqualify and deregister any Referrer in the event that Eley Photo determines that Referrer has violated any of these Rules, which determination shall be final. In the event of such disqualification or deregistration, Referrer forfeits the rights to receive, and Eley Photo is not obligated to honor or pay any Rewards which vest on or after the date of such effective disqualification or deregistration.

Your participation in the Referral Program constitutes permission for Eley Photo and its designees to use your name, biographical information, image, likeness and/or statements about the Referral Program in accordance with the Eley Photo privacy policy (set forth below) for advertising, trade, promotional and other purposes, in any manner, in any and all media now or hereafter devised, worldwide, in perpetuity, without additional compensation, notification or permission, unless prohibited by law.

Except where prohibited, all issues and questions concerning the construction, validity, interpretation and enforceability of these Rules, or the rights and obligations of the participant and Eley Photo in connection with the Referral Program, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.

WARRANTY. ELEY PHOTO MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO ANY SERVICES OR PRODUCTS CONTEMPLATED BY THIS AGREEMENT. ELEY PHOTO DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE AND MERCHANTABILITY.

By participating in the Referral Program, you agree, affirm, and represent that you have read and understand these Rules. In addition, you affirm and represent that you have complied with all the Rules, as well as Eley Photo’s Terms of Service (as applicable), and have not committed any fraud or deception in entering the Referral Program.

LIMITATION OF LIABILITY NEITHER ELEY PHOTO, NOR ITS AFFILIATES, SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF REVENUE, EVEN IF ELEY PHOTO HAS BEEN INFORMED IN ADVANCE OF SUCH DAMAGES OR SUCH DAMAGES COULD HAVE REASONABLY BEEN FORESEEN BY ELEY PHOTO. THE PARTIES ACKNOWLEDGE AND ACCEPT THE REASONABLENESS OF THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH IN THIS PROVISION.

PERSONAL INFORMATION: Your personal information collected in connection with this Program will be used in accordance with Eley Photo’s Privacy Policy.