In these Referral Program Terms and Conditions (“Terms”), the words “you,” “your,” and “Participant” mean any person who uses, accesses, or interacts in any way with any Referral Program. “Referral Program” means any program administered by LendingClub Bank, National Association (“LendingClub”) that facilitates the ability of Participants to refer other Participants to one or more products or services offered by LendingClub. The words “we,” “us,” and “our” mean LendingClub and its affiliates, successors and assigns, and designated third-party service providers acting on their behalf.
Referral Programs Generally
As used herein, “Referrer” means any Participant who, through the use of a Referral Program, refers another Participant to one or more products or services offered by LendingClub. “Referee” means any Participant who, through the use of a Referral Program, is referred by another Participant to one or more products or services offered by LendingClub. As applicable, an individual may qualify as a Participant under multiple Referral Programs, and a Participant may qualify as both a Referrer and a Referee under a given Referral Program.
Each Referral Program involves a referral process that uses digital technology to facilitate, track, and appropriately attribute referrals. Referral Programs may allow Referrers, Referees, or both, to obtain a reward if certain conditions are satisfied. To qualify as a Participant, you must be a natural person, a U.S citizen or U.S citizen or resident, and at least 18 years old. To qualify as a Referee, you must be a friend, family member, or colleague of the Participant who referred you.
Participants are prohibited from referring (1) themselves; (2) any persons who are not friends, family members, or colleagues of the corresponding Referrer; (3) any fictitious person; and (4) any person that is not a natural person. Our employees are not eligible to participate in any Referral Program. Participants shall not create or use any fictitious or dummy accounts with LendingClub, or use any Referral Program to violate any law, infringe or violate the rights of any third party, or otherwise act in a manner that is deemed harassing, harmful, illegal, hateful, obscene or outside the spirit and intent of the Referral Program. In addition, Participants shall not (1) tamper with any Referral Program, (2) act in an unfair or disruptive manner, or (3) use any system, bot or other device or artifice to participate or receive any benefit through any Referral Program.
ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF ANY REFERRAL PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS, AND WE RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW.
LendingClub reserves the right to cancel, modify or terminate any Referral Program at any time for any reason in its sole discretion. LendingClub reserves the right to disqualify any Participant at any time from participation in any Referral Program, and to cancel or modify any pending or otherwise earned rewards.
You are responsible for independently assessing and complying with all relevant tax and legal requirements. We do not and will not provide you with tax or legal advice. In the event that, during any single calendar year, the aggregate rewards from LendingClub would result in payment to you of $600 or more, we may require you to provide us with a completed IRS form W-9 and we may thereafter issue a Form 1099 for that calendar year. We may utilize a third-party service provider to perform this function. If we require a completed form W-9 from you and you fail to provide one, we reserve the right to void any rewards.
Personal Loan Referral Program
The Personal Loan Referral Program is a Referral Program made available to designated borrowers and prospective borrowers of unsecured personal loans offered by LendingClub and branded as “Personal Loans” (“Personal Loans”). Referrers who successfully refer a Referee through the Personal Loan Referral Program are eligible to earn a gift card reward in an amount communicated to the Referee during the referral process. In some cases, Referees may also be eligible to earn a gift card reward in an amount communicated to the Referee during the referral process.
In order for a Referrer to be eligible to earn a gift card reward for making a referral through the Personal Loan Referral Program, the following conditions must be satisfied:
- The Referrer must:
- Have obtained a Personal Loan from or through us prior to making the referral
- Not be delinquent on any loans obtained from or through us;
- Have an active online LendingClub account, with accurate and current contact information on file; and
- Visit the Personal Loan Referral Program website, and make the referral by following the on-screen instructions provided on the website;
- The Referee must:
- Receive an invitation email containing a link to apply for a Personal Loan from LendingClub;
- Be a friend, family member, or colleague of the Referrer;
- Not have obtained a Personal Loan from or through us prior to receiving the referral;
- Apply for a Personal Loan using the link provided in the invitation email; and
- Obtain a Personal Loan from LendingClub and make the first two (2) contractual payments on time and as agreed.
In order for a Referee to be eligible to earn a gift card reward for receiving a referral through the Personal Loan Referral Program, all of the above conditions must be satisfied. In addition, the Referee must receive an email communication from us or on our behalf that clearly states that the Referee is eligible to earn a gift card reward. In the event of a Personal Loan with a co-borrower, only the primary borrower would be eligible for a reward through the Personal Loan Referral Program.
Upon making an eligible referral, the Referrer (and, if applicable, the Referee) will receive a unique link that enables the gift card reward to be redeemed once all of the above conditions have been satisfied. Rewards will ordinarily be made available within thirty (30) calendar days of the Referee’s second successful personal loan payment.
- The Referrer must:
All gift card rewards earned under the Personal Loan Referral Program will be redeemable as gift cards from Amazon.com, unless otherwise determined by LendingClub in its sole discretion. Restrictions apply, see amazon.com/gc-legal.
There is no limit to the number of Participants that a Referrer may refer under the Personal Loan Referral Program. However, there is a limit to the referral reward amount. A Referrer (and, if applicable, the Referee) may earn a maximum of $500 in referral rewards per calendar year. Please consult your tax advisor to evaluate your tax liability related to any rewards earned under the Personal Loan Referral Program. This offer is not valid if any of the reward eligibility conditions is not satisfied, as determined by LendingClub in its sole discretion.
Bulk Distribution (“Spam”)
Each Referrer is the actual sender of referral emails to Referees and must comply with applicable law. Referrals must be created and distributed in a personal manner that is appropriate and customary for communications with friends, colleagues, and family members. By submitting any email address as part of the Program, you represent that you have the appropriate permission and consent. Bulk email distribution, distribution to strangers, or any other use of the services described herein in a manner that is not promoted is expressly prohibited and may be grounds for immediate termination and further legal action.
We have no obligation to monitor any Referral Program or any communications; however, we may choose to do so and block any email messages, remove any such content, or prohibit any use of any Referral Program. Referrers and Referees who do not comply with the law, including anti-spam laws, are obligated to indemnify us against any liabilities, costs, and expenses we incur as a result of such non-compliance.
You are responsible for maintaining the confidentially of any sign-in credentials and are fully responsible for all activities that occur through the use of them. You agree to notify LendingClub immediately if you suspect unauthorized access to your account. You agree that we will not be liable for any loss or damage arising from unauthorized use of your credentials.
YOU UNDERSTAND AND AGREE THAT THE RELEASED PARTIES (DEFINED BELOW) SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
You agree to defend, indemnify, release and hold harmless LendingClub, all service providers involved in the administration of one or more Referral Programs (including but not limited to Extole, Inc.), and their respective parent companies, affiliates and subsidiaries, together with their respective employees, directors, officers, licensees, licensors, shareholders, attorneys and agents including, without limitation, their respective advertising and promotion entities and any person or entity associated with the production, operation or administration of any Referral Program (collectively, the “Released Parties”), from any and all claims, actions, demands, damages, losses, liabilities, costs or expenses caused by, arising out of, in connection with, or related to any Referral Program (including, without limitation, any property loss, damage, personal injury or death caused to any person(s)) and/or the awarding, receipt and/or use or misuse of any benefit related to any Referral Program.
The Released Parties shall not be liable for any technical errors or malfunctions, data theft or corruption, any printing or typographical error, or any damage to any computer system resulting from participating in, or accessing or downloading information in connection with any Referral Program. The Released Parties shall not be liable for failure to supply any advertised benefit, by reason of any acts of God, any action or request by any governmental or quasi-governmental entity (whether or not valid), or any other activity or action that is beyond any of the Released Parties’ control.
TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH ALL REFERRAL PROGRAMS, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.
If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- ALL REFERRAL PROGRAMS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, CONDITIONS AND TERMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR CUSTOM, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED THROUGH THE USE OF ANY REFERRAL PROGRAM, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
- THE RELEASED PARTIES MAKE AND GIVE NO WARRANTY THAT (1) ANY REFERRAL PROGRAM WILL MEET YOUR REQUIREMENTS, (2) ANY REFERRAL PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, AND (3) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH ANY REFERRAL PROGRAM WILL MEET YOUR EXPECTATIONS; AND
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ANY REFERRAL PROGRAM IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.