Last Updated: Feb 21, 2023
This Referral Program Agreement, in combination with other Agreements relating to your use of StartEngine, is made between User (“you”, “your”) and StartEngine (“we,” “our”, “us”) and governs your participation in the StartEngine Investor Referral Program (the “Referral Program”). By requesting or sending a Referral Link (defined below), you will be deemed to have accepted and be bound by this Agreement. We may modify this Referral Program Agreement by posting an updated version on our website. By continuing to participate in the Referral Program after the posting of such modifications, you shall be deemed to accept such modifications.
1. Referral Program Eligibility
In order to participate in the StartEngine Investor Referral Program, you must be:
- A StartEngine user in good standing.
- A user that possesses a StartEngine investment account that has been approved by StartEngine.
- At least 18 years of age.
2. Qualifying Referrals
StartEngine will provide you with a unique URL that can be provided to Prospective User. Referral shares will only be awarded for Qualifying Referrals. A “Qualifying Referral” must meet all of the following conditions:
- The referred user is not registered and was not previously registered with StartEngine as a user under any email address or alias.
- The user is in good standing.
- The Prospective User creates a StartEngine investment account using the referrer’s Referral Link. If a Prospective User registers for StartEngine using any other link or method, the registration will not count as a Qualifying Referral.
- The Prospective User must be approved by StartEngine and must not trigger any red flags
3. Delivery of Referral Shares
Referral Shares (defined by whatever program is currently running) will be delivered directly into both the Prospective User and the Referrer’s StartEngine investment account. Users must have an approved investment account in order to receive referral shares. Referral shares can take up to 30 days to arrive in your account and will only be transferred once you sign the subscription agreement for the offering.
4. Redemption Process
You may be eligible to earn Referral Shares for each qualified referral that you refer, up to a maximum of 25 referrals awarded, or until shares of the promoted offering are no longer available, whichever expires first. The Referral shares will be set to the value displayed on the relevant promotion page at the time the Referral Link is sent to the prospective customer.
You will receive referral shares when a Qualifying Referral is made. You will not be notified of whether a Prospective User who has used your Referral Link has been cleared as successfully creating their investment account.
6. Intellectual Property
StartEngine is the owner of all intellectual property related to the Referral Link, including and without limitation the Services and related technology; StartEngine Data; and copyrights, patents, trade secrets, trade or service marks, brands, logos, and other intellectual property incorporated into each of the foregoing (the “StartEngine Property”).
7. Additional Terms and Restrictions
The Referral Shares may qualify as taxable income for you. You are responsible for any federal or state taxes resulting from your participation in the Referral Program. StartEngine will not be obligated to report federal and state taxes to relevant authorities, but may report such income as required by law.
The Referral Shares may not have any liquidity and StartEngine makes no guarantee that the shares will be liquid.
8. Reservation of Rights
StartEngine reserves the right to withhold, deny or cancel any Referrals Shares and/or terminate your StartEngine Account if we, in our sole discretion, deem the award of any Referral Shares as fraudulent, abusive, unethical, suspicious or otherwise inconsistent with these Referral Program Terms, the Platform Agreement or any other applicable laws or regulations.
StartEngine reserves the right to withhold, deny or cancel any Referrals Shares and/or terminate User or Prospective User StartEngine Account if we, in our sole discretion, deem the award of any Referral Shares as fraudulent, abusive, unethical, suspicious or otherwise inconsistent with these Referral Program Terms, the Platform Agreement or any other applicable laws or regulations.
10. Entire Agreement
This Referral Program Agreement constitutes the entire understanding between User and StartEngine for the subject matter described and no other agreements, representations, or warranties other than those provided in this Referral Program Agreement will be binding unless in writing and signed by you and StartEngine.
Additional Defined Terms
- Notice means any physical or electronic communication or legal notices related to this Referral Program Agreement that are provided to you through text or SMS, email, your StartEngine Account, or by other means.
- Referral Shares means any consideration provided under the Referral Program Terms and Conditions, including without limitation to shares of an asset or account credit.
The shares issued through this referral program are being issued through a Regulation A (Reg. A+) Tier II offering of securities. The “value” of these securities is based on the offering price of the Reg. A+ offering.
This Reg A+ offering is made available through StartEngine StartEngine Collectibles Fund I, LLC. This investment is speculative, illiquid, and involves a high degree of risk, including the possible loss of your entire investment. See the offering circular and risks related to this offering for more information.
The shares issued through this referral program are being issued through a Regulation A (Reg. A+) Tier II offering of securities.
This Reg A+ offering is made available through StartEngine Crowdfunding, Inc. No broker-dealer or intermediary involved in offering except for Florida, where Dalmore Group LLC is participating as broker-dealer of record. This investment is speculative, illiquid, and involves a high degree of risk, including the possible entire loss of value. See the most recent supplement, offering circular and risks related to this offering for more information. Kevin O’Leary is a paid spokesperson for StartEngine. Read the 17-b disclosure here.
You should understand that there is currently no active market for these securities. It is possible they may be quoted on StartEngine’s alternative trading system, StartEngine Secondary (the “ATS”) in the future. It is important to know that companies which intend to quote securities on the marketplace are subject to certain requirements which they may or may not be able to satisfy in a timely manner. Even if a security qualifies to trade, there is no guarantee an active trading market for the securities will ever develop, or if developed, be maintained. Further, any security which does trade may also be removed from the marketplace at any time. You should assume that you may not be able to liquidate your security for some time, if ever, or be able to pledge these shares as collateral.