By participating in the KukuExpress Referral Program ("Program"), you ("Referrer") agree to be bound by these Terms and Conditions ("Terms"). If you do not agree, do not participate in the Program.
1. Definitions
- "KukuExpress" means KukuExpress, its parent company, subsidiaries, and affiliates.
- "Referrer" means an existing KukuExpress store owner who shares a referral code.
- "Referee" means a new user who registers using a Referrer's code.
- "Referral Code" means the unique code assigned to a Referrer for sharing.
- "Qualified Referral" means a Referee who registers, creates a store, and meets the reward trigger conditions set by the active program (e.g., registration, first subscription, or email verification).
- "Reward" means store credits, store tokens, trial extensions, discounts, or commissions granted under the Program.
- "Commission" means the percentage of a Referee's billing amount paid to the Referrer as store credit.
2. Eligibility
- The Referrer must be an existing KukuExpress store owner with an active account in good standing.
- The Referee must be a genuinely new user who has never previously registered with KukuExpress. Former users, existing users, and existing leads do not qualify.
- Participants must be at least 18 years of age.
- Employees, contractors, officers, and directors of KukuExpress — and their immediate family members — are not eligible to participate as Referrers unless explicitly authorized in writing.
- KukuExpress reserves the right to determine eligibility at its sole discretion.
3. Referral Codes
- Each Referrer may hold one (1) active referral code per program.
- Codes may be auto-generated (format: KUKU-XXXXXX) or custom-chosen (6–20 alphanumeric characters, including hyphens).
- Referral codes are personal and non-transferable. Selling, trading, or transferring codes is strictly prohibited.
- KukuExpress may deactivate any referral code at any time, with or without cause.
4. How Referrals Work
- The Referrer shares their referral code with prospective new users.
- The Referee enters the code during registration on KukuExpress.
- A referral is recorded and tracked once the Referee successfully registers.
- The referral qualifies for rewards only when the Referee meets the reward trigger condition defined by the active program (e.g., completing registration, subscribing for the first time, or verifying their email).
- Each Referee email address may only be referred once. If multiple Referrers attempt to refer the same person, only the first valid referral is recognized.
5. Rewards for Referees
Depending on the active program, Referees may receive one of the following benefits upon qualifying:
- Store Credits — A fixed peso-denominated credit applied to the Referee's store account.
- Store Tokens — A fixed number of store tokens deposited into the Referee's token balance.
- Trial Extension — Additional days added to the Referee's free trial period.
- Subscription Discount — A one-time percentage discount applied to the Referee's first billing cycle.
The specific benefit type and value are determined by the active program and may change at any time.
6. Commissions for Referrers
- Referrers may earn a commission calculated as a percentage of each Referee's subscription billing amount. The commission rate is set by the active program and may include per-code bonus rates.
- Commissions may be recurring (paid on each billing cycle) or one-time (paid only on the first billing cycle), as defined by the program.
- Recurring commissions are limited to a maximum duration defined by the program (default: 12 months from the Referee's first billing date). After this period, no further commissions are earned from that Referee.
- Commissions are credited as store credits to the Referrer's KukuExpress account and are subject to a hold period (default: 30 days) before becoming available for use. During the hold period, credits are classified as "pending" and cannot be redeemed.
- Commissions are calculated only from the first store the Referee creates as an owner.
- Bonus commission rates, if applicable, are subject to their own expiration dates and usage limits as defined per referral code.
- Store credits earned through commissions have no cash value and may only be applied toward KukuExpress subscription fees and services.
7. Reward Caps and Limits
- Programs may impose a maximum number of referrals per store. Once this limit is reached, no further referrals from that code will qualify for rewards.
- KukuExpress reserves the right to impose additional caps on total rewards, commissions per period, or accumulated credit balances at any time.
- Rewards are non-cumulative with other promotions, discounts, or offers unless explicitly stated.
8. Prohibited Conduct
The following activities are strictly prohibited and constitute grounds for immediate disqualification, reward forfeiture, and account termination:
Fraud and Abuse
- Self-referrals — Using your own referral code to register a new account, or creating alternate accounts to refer yourself.
- Fake or duplicate accounts — Creating accounts using disposable email addresses, email aliases, VPNs, or device manipulation to inflate referral counts.
- Bot or automated referrals — Using scripts, bots, or any automated means to generate referrals.
- Collusion — Coordinating with others to exchange referral codes without genuine intent to use KukuExpress.
- Purchased referrals — Buying, selling, or bartering referral codes or referral signups.
- Fraudulent payment methods — Using stolen credit cards, synthetic identities, or fraudulent payment information in connection with referrals.
Prohibited Referral Methods
- Spam — Sending unsolicited bulk or mass emails, SMS messages, direct messages, or other electronic communications to promote your referral code.
- Purchased contact lists — Using purchased, rented, or scraped contact lists for referral outreach.
- Misleading or deceptive claims — Making false, exaggerated, or misleading statements about KukuExpress's services, pricing, features, or capabilities.
- Unauthorized guarantees — Making promises or commitments on behalf of KukuExpress that are not supported by official published materials.
- Coupon/deal sites — Posting referral codes on coupon aggregator sites, deal forums, cashback platforms, or similar sites without prior written authorization.
- Paid advertising on brand terms — Bidding on KukuExpress brand keywords (e.g., "KukuExpress," "Kuku Express") in paid search or social media advertising without prior written authorization.
- Black-hat techniques — Keyword stuffing, cookie stuffing, hidden text or links, doorway pages, cloaking, link farming, blog comment spam, malware, adware, spyware, pop-ups/pop-unders, or any other manipulative digital marketing technique.
- Platform abuse — Posting referral codes in violation of third-party platforms' terms of service, or creating fake reviews/testimonials to drive referrals.
9. Monitoring, Investigation, and Enforcement
- KukuExpress reserves the right to monitor all referral activity for suspicious patterns, including but not limited to: rapid signup spikes, IP address overlap, device fingerprint similarities, geographic clustering, low post-signup engagement, and high refund/cancellation rates.
- KukuExpress may withhold any pending rewards during an investigation period.
- If a violation is confirmed, KukuExpress may, at its sole discretion:
- Revoke or claw back any rewards (including already-credited commissions and store credits);
- Deactivate the Referrer's referral code;
- Suspend or permanently terminate the Referrer's KukuExpress account;
- Pursue any available legal remedies.
- KukuExpress's determination of fraud or abuse is final and binding. KukuExpress is not obligated to provide evidence or detailed reasoning for its decisions, though it will endeavor to provide a general explanation when feasible.
10. Relationship Disclaimer
- Participation in the Program does not create an employment, agency, joint venture, partnership, or franchise relationship between the Referrer and KukuExpress.
- The Referrer is an independent party and has no authority to enter into contracts, make commitments, assume liabilities, or create obligations on behalf of KukuExpress.
- The Referrer is not entitled to any employee benefits, including but not limited to health insurance, retirement benefits, workers' compensation, or unemployment insurance.
- KukuExpress will not withhold employment taxes, income taxes, or social contributions from rewards or commissions.
11. Disclosure Obligations
- When publicly recommending or endorsing KukuExpress (e.g., on social media, blogs, forums, or in-person), the Referrer must clearly and conspicuously disclose that they receive compensation for referrals.
- Example disclosure: "I earn a referral commission if you sign up using my link/code."
- Failure to make required disclosures may result in disqualification from the Program.
12. Tax Responsibility
- The Referrer is solely responsible for any and all tax obligations arising from rewards, commissions, or any other benefits received through the Program, including any applicable income tax under the Philippine National Internal Revenue Code (NIRC) and Bureau of Internal Revenue (BIR) regulations, or the tax laws of any other applicable jurisdiction.
- KukuExpress is not responsible for reporting, withholding, or paying any taxes on behalf of Referrers.
- The Referrer is strongly advised to consult a qualified tax advisor regarding the tax implications of participating in the Program.
- KukuExpress may, where required by law, report referral income to relevant tax authorities and request tax identification information from Referrers.
13. Privacy and Data
- By participating in the Program, the Referrer acknowledges that KukuExpress collects and processes personal data related to referral activity, including but not limited to: name, email address, referral code usage, referral statistics, IP addresses, and user-agent information.
- All personal data is processed in accordance with the KukuExpress Privacy Policy and the Philippine Data Privacy Act of 2012 (Republic Act No. 10173).
- Referrers must not misuse any personal information they receive about their Referees or any other person in connection with the Program.
- Referrers must obtain appropriate consent before sharing any person's contact information with KukuExpress or sending referral invitations to any person.
- All referral communications must comply with applicable data privacy and anti-spam laws, including the Philippine Data Privacy Act, the E-Commerce Act (RA 8792), and where applicable, GDPR, CAN-SPAM, and CASL.
14. Intellectual Property
- The Referrer may not use KukuExpress's name, logo, trademarks, or any other intellectual property without prior written authorization.
- Any goodwill arising from the use of KukuExpress marks inures solely to the benefit of KukuExpress.
- The Referrer must not associate KukuExpress marks with any unlawful, objectionable, defamatory, or competing content or services.
15. Program Modification and Termination
- KukuExpress reserves the right to modify, suspend, or terminate the Program — in whole or in part — at any time, at its sole discretion, with or without prior notice.
- Changes may include, without limitation: reward types, reward values, commission rates, eligibility criteria, hold periods, caps, and program mechanics.
- KukuExpress will make reasonable efforts to provide notice of material changes via email or in-app notification. However, failure to provide notice does not invalidate the changes.
- Continued participation in the Program after any change constitutes acceptance of the updated Terms.
- Rewards that have already been fully credited and cleared (i.e., past the hold period) to a Referrer's account prior to any modification or termination will remain valid, unless they were obtained through fraud or violation of these Terms.
- Upon termination of the Program, all pending referrals that have not yet qualified will not be eligible for rewards.
16. Reward Forfeiture and Clawback
- Rewards may be revoked or clawed back if:
- The Referee cancels their subscription, obtains a refund, or initiates a chargeback;
- The referral is later determined to be fraudulent or in violation of these Terms;
- The Referrer's KukuExpress account is terminated for any reason;
- The Referee's account is terminated for any reason.
- Termination of a Referrer's account results in immediate forfeiture of all unredeemed credits, pending commissions, and accumulated rewards.
- KukuExpress reserves the right to deduct clawed-back amounts from the Referrer's store credit balance. If the balance is insufficient, KukuExpress may invoice the Referrer for the outstanding amount or offset it against future earnings.
17. Limitation of Liability
- The Program is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, whether express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
- KukuExpress does not guarantee the availability, continuity, or error-free operation of the Program.
- To the maximum extent permitted by law, KukuExpress's total aggregate liability arising out of or in connection with the Program shall not exceed the total value of rewards actually credited to the Referrer's account in the six (6) months immediately preceding the event giving rise to the claim.
- In no event shall KukuExpress be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, or business opportunities, regardless of the cause of action or theory of liability.
18. Indemnification
The Referrer agrees to indemnify, defend, and hold harmless KukuExpress, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with:
- The Referrer's participation in the Program;
- Any breach of these Terms by the Referrer;
- Any unauthorized representations, promises, or commitments made by the Referrer;
- Any violation of applicable laws or regulations by the Referrer;
- Any third-party claims related to the Referrer's referral activities.
19. Governing Law and Dispute Resolution
- These Terms shall be governed by and construed in accordance with the laws of the Republic of the Philippines.
- Any dispute arising out of or in connection with the Program shall first be submitted to good-faith mediation for a period of thirty (30) days.
- If mediation fails, the dispute shall be resolved through binding arbitration conducted in Metro Manila, Philippines, in accordance with the rules of the Philippine Dispute Resolution Center, Inc. (PDRCI) or its successor.
- Each party shall bear its own costs in any mediation or arbitration proceeding, unless the arbitrator determines otherwise.
- The Referrer agrees to bring claims only in an individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
20. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.
21. Entire Agreement
These Terms, together with the KukuExpress Terms of Service and Privacy Policy, constitute the entire agreement between the Referrer and KukuExpress with respect to the Program, and supersede all prior or contemporaneous understandings, agreements, or representations.
22. Contact Us
For questions about the Referral Program or these Terms, contact us at:
Kuku Express Solutions Inc.
Email: support@kukuexpress.com