48's Mates Rates rules
48's Mates Rates scheme - terms and conditions
Participation in the 48 Mates Rates Scheme
Mates Rates Double Credit offer December 1st – 31st
Double credit offer runs from 1st December to 31st December 2015. Subject to first membership top-up being purchased by your mate or recruitee during December 2015. Double credit will be applied automatically to you as recruiter and your mate as recruitee upon purchase of first membership by recruitee. Double credit can only be availed of once. Recruitees whose first membership is Don plan and you as recruiter shall receive €20 credit, for other memberships you as recruiter and your mate as recruitee shall receive €10 credit. From 1st January 2016 standard Mates Rates credit applies. No cash option for double credit. Subject to Mates Rates terms on 48months.ie.
Promoting 48 with the distribution of 48 SIM cards
- These Terms and Conditions apply to the 48 Mates Rates Scheme (the “Scheme”) whereby 48 customers (“Recruiter(s)”) are awarded credit (“Mates Rates Credit”) for recruiting new members (“Recruitee(s)”) to the 48 network (“48”).
- The Scheme is only for personal and consumer use. Mates Rates Credit is personal to Recruiters and Recruitees and cannot be transferred, sold or in any way traded.
In order to be eligible to be a Recruiter, participants must satisfy the following criteria:
- Participants must be a 48 customer with an active 48 SIM card; and
- Participants must have successfully made a connecting call or SMS using their 48 SIM card to any mobile, or used mobile internet using their 48 SIM card, at least once within the 3 month period immediately preceding the date on which the Recruitee purchases 48 membership.
- In order to accumulate Mates Rates Credit, Recruiters must satisfy the eligibility criteria at the time of recruiting and participating in the Scheme.
At 48months.ie Recruiters are presented with a number of methods to promote 48 SIM cards. For every 48 SIM card activated in accordance with these Terms and Conditions as a result of participating in the Scheme, the Recruiter will earn, either:
Details of the Mates Rates Credit value for recruiting Recruitees to the Scheme is published here
- €5 Mates Rates Credit once the Recruitee recruited by the Recruiter has purchased their first €10 or €15 membership, or
- €10 Mates Rates Credit once the Recruitee recruited by the Recruiter has purchased their first €20 membership.
- 48 may change the activities required for participation in the Scheme and may change the type of rewards, and value of Mates Rates Credit, associated with the Scheme.
Subject to Term 8 below, Recruiters must only use one or more of the following methods to distribute and promote 48 SIM cards:
- order up to 3 (three) 48 SIM cards at any one time to be delivered to the Recruiter’s home, so the Recruiter can physically distribute them to prospective Recruitees;
- promote their own 48 SIM card Order Page (“SIM Order Page”) through social media or their own website or a site controlled by the Recruiter; or
- subject to Term 8 below, email prospective Recruitees directly at an email address known to belong to the prospective Recruitee and to which the Recruiter is authorised to address communications, but only where such email shall not constitute an unsolicited communication within the meaning of the Data Protection Acts 1988 and 2003, and the European Communities (Electronic Communications Networks and Services)(Privacy and Electronic Communications) Regulations 2011 (together the “Data Protection Legislation”).
Where a Recruiter provides any data identifying a person to 48 in connection with the Scheme (including name, phone number, postal address, email address or any other ‘personal data’ as defined in the Data Protection Acts, 1988 and 2003):
- the Recruiter is solely responsible for compliance with all applicable data protection laws, codes, guidelines and in particular the Data Protection Acts, 1988 and 2003, and the European Communities (Electronic Communications Networks and Services) (Privacy and Electronic Communications) Regulations 2011 (together “Data Protection Legislation”);
- The Recruiter is solely responsible for compliance with this Term 8 and, before participating in the Scheme, particular attention should be paid by Recruiter to the consequence of failing to adhere to this Term 8 as set out in Terms 25 and 30
- 48 shall track new Recruitees linked to the referring Recruiter's personal SIM Order Page and all Mates Rates Credit will be determined by 48 and communicated to Recruiters on their My Mates Rates Page. Mates Rates Credit shall automatically be added to the Recruiter's existing credit balance and should be applied immediately but in some cases it may take up to 48 hours for Mates Rates credit to apply. Recruiters may opt to receive a cash equivalent to be lodged to their PayPal account in lieu of Mates Rates Credit. If a Recruiter wishes to receive payment in cash via PayPal they must select this payment option via their My Mates Rates Page prior to their recruit purchasing their first membership. Should a Recruiter who has opted in to receive payment in cash subsequently opt to receive payment in credit, the cash payment for all eligible recruits prior to this date shall be paid out on the next payment date. 48 reserve the right to specify a minimum Mates Rates balance which recruiters must have to be eligible to opt for payment via PayPal. If the Recruiter opts for payment via PayPal they are responsible for providing valid PayPal account details. If the details provided are invalid and the payment is rejected by PayPal, the payment will roll over to the next quarter and shall not be paid until the next payment date. If valid PayPal details are not provided in the following period, the Recruiter shall automatically receive Mates Rates Credit. Cash shall be paid on a quarterly basis, which will be notified and paid at the following dates:
Closing Date for Activations 48 Issue Mates Rates Statements 48 Distribute PayPal Payments 31 October 2015 12 November 2015 26 November 2015
The payment dates as set out above are subject to change without notice. It can take up to 15 days for 48 to fulfil your payment.
- If a Recruiter opts to receive a cash payment via PayPal, there may be personal tax implications for them, for which the Recruiter will be personally responsible.
- All Recruitees, save those Recruitees whose first membership is “Don”, will get €5 Mates Rates Credit upon purchase of their first membershipRecruitees whose first membership is “Don” shall receive €10 Mates Rates Credit upon purchase of their first membership. In all cases, Mates Rates Credit shall be applied to the Recruitee’s account immediately upon purchase of their first membership.
- 48’s decision as to the value of Mates Rates Credit owed to a Recruiter or Recruitee is final and no correspondence will be entered into.
Mates Rates Credit shall only be applied if the following conditions are satisfied:
- The Recruitee must be new to the 48 network and intend to be a regular user of the service on an ongoing basis. 48 reserves the right to remove Mates Rates Credit in the event that multiple SIM cards are used in the same device or where the Recruitee has not used or continued to purchase membership;
- The Recruitee must register their details, including their valid email address and their correct first and last names on www.48months.ie and
- The Recruitee must activate their 48 SIM card by purchasing 48 membership.
- A maximum of 50 SIM cards per month can be ordered per individual Recruiter through their personal SIM Order Page.
- Mates Rates Credit may be used to purchase 48 services. Mates Rates Credit shall be decremented first for the purchase of such services, followed by paid-for credit. Mates Rates Credit cannot be redeemed as cash.
- The Scheme may not be used in conjunction with any other offer and/or promotion unless expressly stated otherwise by 48.
- Recruiters must remain active 48 customers in order to receive all accumulated Mates Rates Balance.
- If a Recruiter ports their number out from the 48 network, their Mates Rates Credit balance will be cleared down immediately.
- As per 48’s disconnection Terms and Conditions, if a Recruiter’s credit balance has not decreased within a 6 month period, their Mates Rates Credit balance shall be cleared down and shall not be reinstated regardless of whether the Recruiter subsequently reactivates their 48 SIM card.
- 48 may take any action it considers appropriate if it forms the view that a Recruiter is abusing the Scheme. Such action may include but is not limited to, withholding Mates Rates Credit previously applied to the Recruiter’s account.
- Recruiters and Recruitees are personally responsible for providing 48 with accurate, complete and up to date information and for keeping this updated at all times. 48 shall not be held responsible for any incorrect information provided to it nor shall 48 be responsible for any delays or other circumstances affecting the ability of Recruiters or Recruitees to receive Mates Rates Credit.
- If the account of a Recruiter or Recruitee becomes inactive by reason of account closure or number being ported out from the 48 network, any accumulated Mates Rates Credit will be removed.
48 reserves the right to refuse to reward a Recruiter if 48 deems the Recruiter’s method(s) of promotion inappropriate or if Recruitee(s) recruited by a Recruiter are believed by 48 to be fraudulent and not genuine prospective customers of 48. 48 further reserves the right to refuse to pay a Mates Rates Credit to Recruiters who have, or whose Recruitees have, breached 48’s Fair Use Policy as provided for in 48’s Terms and Conditions which are available at http://48months.ie/boiler-plate/terms#18. 48 also reserves the right to recover any Mates Rates Credit or cash paid to a Recruiter or Recruitee who have breached, or whose Recruitees have breached, 48’s Fair Use Policy. Inappropriate methods of promotion include, but are not limited to, the following activities:
- Infringing trademark rights of 48 or any third party or otherwise violating the rights of any third party. Recruiters may use certain promotional content which 48 provides to the Recruiter. The Recruiter hereby agrees to forward any claims or complaints they may receive in connection with the promotional content to 48 immediately, and they also agree to remove the content the subject of the claim or complaint immediately upon 48's request.
- Bidding on 48 related terms. Recruiters may not bid on search terms or keywords used by any internet search engine or other directory or referral service (for example, Google, Yahoo and Bing, among others) to return or prompt internet search results, if such keyword is, or is confusingly similar to, a 48 trademark.
- Registering domain names that include a 48 trademark therein. Recruiters may include ‘48’ as part of a subdirectory (for example, example.com/48), or a subdomain (for example, 48.example.com) but may not use ‘48’ in the main URL structure (for example, join48.com). Recruiters are not permitted to use '48' or '48months' or any variation thereof in the primary domain of URLs including those under their ownership and/or management (for example, http://www.48-sim-cards.ie/).
- Impersonating or holding out as a representative of 48. Recruiters may not promote 48 in such a way that includes, without limitation, graphical images, logos, text copy, editorial copy, press releases or marks, that (i) could be interpreted to suggest that such content has been authored or otherwise provided by, or represents the views or opinions of 48; (ii) is misleading, defamatory, libellous, obscene, or otherwise objectionable; (iii) infringes, derogates, dilutes, or impairs the rights of 48 or any third party; (iv) refers to 48 but is used as part of a name of a product or service of a company other than 48; or (v) is used in any other manner inconsistent with these Terms and Conditions or with any provision of law. 48 may at its’ discretion ask Recruiters to modify their promotional material or to clearly state that their site is not an official site of 48 and/or to include links to 48months.ie.
- Using sexually explicit materials and/or hateful, violent or offensive content to promote membership of 48.
- Promoting discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Promoting illegal activities or otherwise violating any applicable laws. If a Recruiter wishes to send out any emails for the purpose of advertising or promoting 48, they shall first obtain 48's prior approval. Emails or other communications must comply with the laws of Ireland, including the Data Protection Legislation.
- Using fraudulent or dishonest means to prompt or encourage clicks to a site for the purpose of promoting membership of 48.
- Activities which are otherwise deemed inappropriate by 48 or likely to bring 48 into disrepute.
- The operation of the Scheme shall have no effect on the right, title and interest of 48 in its names, logos, trademarks, service marks and copyrights, including those that it may use or develop in the future. Any goodwill resulting from the use of 48's name, logos, trademarks, service marks and copyright by Recruiters shall not grant or create any right, title or interest therein for the benefit of Recruiters.
- Recruiters shall maintain the quality of their distribution services at a level satisfactory to 48. 48 shall at all times have the right to review the activities of Recruiters.
- Recruiters are responsible for notifying 48 of any problems arising in respect of their participation in the Scheme.
- 48 shall not be liable for any direct, special, indirect, incidental or consequential damage (including, but not limited to loss of use, data, profits or business interruption) arising in any way out of the Scheme, however caused and whether under contract, tort (including negligence), strict liability, or otherwise, even if 48 has been advised of the possibility of such damage.
- The Recruiter hereby agrees to indemnify, defend and hold harmless 48 and its affiliates, directors, officers, employees and agents, from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable legal fees) brought by a third party, arising out of a breach, or alleged breach, of any representations or obligations of the Recruiter.
- 48 may terminate the Scheme at any time, for any reason and if it notifies Recruiters of this they must immediately stop any distribution activity and immediately stop using 48’s name, logos, trademarks, service marks and creative work. 48 may prohibit any person or from participating in the Scheme if theybreach any of these Terms or Conditions or for any other reason.
- 48 reserves the right to modify these Terms and Conditions or discontinue the Scheme (or any part of it) for valid commercial, technical or operational reasons, without prior notice being issued to Recruiters or Recruitees. Any person may be removed from the Scheme at any time at the discretion of 48 and without prior notice
- If the Scheme is withdrawn, any Mates Rates Credit must be used within 2 months of the date of such withdrawal or such other timeframe as 48 may in its’ sole discretion determine. Any Mates Rates Credit not used during this period shall expire.
- If any Term or Condition set out herein is judged to be invalid, illegal or unenforceable, the remaining Terms and Conditions will not be prejudiced but will be deemed modified to the extent necessary to render such Term or Condition enforceable, and the rights and obligations of the Parties will be construed and enforced accordingly.
- Persons participating in the Scheme shall be deemed to have unequivocally accepted these Terms and Conditions in their entirety.