Beanstox Referral Program
By participating in the Beanstx Referral Program you are agreeing to the Beanstox Referral Agreement.
Beanstox may offer Referral Programs from time to time. The Beanstox Referral Program consists of limited-time promotional offerings. The offerings are described below. Please review to see which promotions are available to you under the Beanstox Referral Program at the time you make referrals.
December 2020 Referral Reward – $25 Amazon eGift card per Referral for up to 4 Referrals
Friends must sign up and have an opened and funded account with their first investment (minimum $100) by 11:59pm ET December 31, 2020 and remain invested through January 31, 2021. Rewards are paid out by January 31, 2021. Referees and Referrers who: (i) close their account before January 31, 2021, and (ii) have not made at least one successful investment before December 31, 2020, will not qualify for the reward. Referral Rewards are made at the sole discretion of Beanstox. Limit 4 Rewards per Referrer. Only Beanstox Clients who receive a notification of the program by email from Beanstox are eligible for Referral Rewards. All referrals must be made in accordance with the Beanstox Referral Agreement.
Rewards for inviting friends to join Beanstox are a limited time offer. Rewards are in the form of a $25 Amazon e-Gift card. Rewards are earned once your friend’s account is approved and opened and they have completed and funded their first investment ($100 minimum). To be eligible for the Referral Reward, you must send an email to support@beanstox.com with the subject line: Beanstox – Refer a Friend, with your friend’s email address.
Beanstox reserves the right to restrict or revoke this offer at any time. Referral Rewards are subject to change at the discretion of Beanstox, Inc.
Beanstox Referral Agreement
December 2020
By participating in the Beanstox Referral Program, you are agreeing to the following:
1. Definitions
When the following capitalized terms are used above or below in this Agreement, the following definitions apply:
Act means the Investment Advisers Act of 1940, as amended. The Act is in the U.S. Code at 15 U.S.C. §§80b-1.
Carrying Broker has the same meaning in this Agreement as it does in the Beanstox Agreements.
Beanstox Account has the same meaning in this Agreement as it does in the Beanstox Agreements.
Potential New Client means an individual (i) whom a Referring Client, using social media or other functionality provided by Beanstox in connection with a Referral, invites to become a new Beanstox subscriber and open a Beanstox Account and (ii) who has never subscribed to any Beanstox products or services or opened an Beanstox Account before being invited by the Referring Client.
Beanstox Agreements means the Beanstox Agreements, including the Investment Advisory Agreement and all attachments to the Beanstox Agreements.
Referred Client means a Potential New Client who has (i) entered into the Investment Advisory Agreement and (ii) been accepted (and not rejected) by the Carrying Broker as a customer.
Referral means the invitation of a Potential New Client to become an Beanstox subscriber and open an Beanstox Account by a Referring Client using the links Beanstox provides in referral documents, including promotional documents.
Referring Client means an investment advisory client of Beanstox who has entered into the Investment Advisory Agreement and decides to make Referrals. In addition, this agreement uses the terms “you,” “your” or “yours” to mean a Referring Client.
Reward Amount means the referral incentive amount as indicated in the relevant referral promotion.
Reward Date means the date when Beanstox credits Rewards earned by a Referring Client in accordance with the terms and conditions of this Agreement to the
Referring Client. Such date will be on or after the date that both the Referring Client and Referred Client meet the eligibility criteria of the applicable referral promotion.
The Beanstox referral program is open to all United States legal residents or citizens that currently reside in the United States.
Beanstox Advisers, LLC (“Beanstox”) is an investment adviser registered with the U.S. Securities and Exchange Commission. Referring Client means an investment advisory client of Beanstox who has entered into the Investment Advisory Agreement and decides to make referrals.
This Agreement is by and among Beanstox and each Referring Client subject to the terms and conditions of this Agreement.
By participating in the Beanstox Referral Program, you acknowledge and agree that you are a Referring Client and that you will have the rights of a Referring Client under this Agreement and be bound by the terms and conditions of this Agreement, including without limitation all of a Referring Client’s obligations, duties, covenants, undertakings, representations and warranties below. THIS AGREEMENT CONTAINS A PRE-DISPUTE ARBITRATION CLAUSE IN SECTION 9.
2. Reward for Referrals
Beanstox will send you a $25 Amazon eGift card (“Referral Gift”) for each Referred Client (maximum of $100 per Referring Client) only after the Referring Client and the Referred Client have met all eligibility criteria under the terms and conditions for the applicable referral promotion, which will vary by promotion. After each Referred Client (1) opens a Beanstox Account, (2) deposits an initial investment amount of at least $100 in such account, (3) maintains the account with the initial investment for at least 30 days, and (4) if applicable, maintains the type of paid subscription with Beanstox for the number of billing periods specified by the applicable referral promotion, Beanstox will provide the Referral Gift to the Referring Client. You acknowledge and agree that, notwithstanding anything else in this Agreement or the Beanstox Agreements, you shall not be entitled to any Referral Gift for a Referral (i) unless and until the Potential New Client is accepted as a Referred Client; (ii) unless and until the Referred Client invests the minimum amount of $100 and maintains his Beanstox’s Account for at least 30 days; (iii) if Beanstox determines at its sole discretion that you have breached any term, condition, obligation, duty, covenant, undertaking, representation or warranty in this Agreement (see Section 3 below on Compliance; and (v) unless you invite a client using the links Beanstox provides for Referrals. In addition, if the applicable referral promotion also requires that you make an initial investment in a Beanstox Account for a minimum amount of billing cycles, Beanstox will not pay the Referral Gift unless and until you have also met such requirements. Beanstox, at its sole discretion, may make available certain promotions with different Referral Gifts to other Beanstox users or prospective users. These promotions, unless offered to you, shall have no bearing whatsoever on your Agreement or relationship with Beanstox.
3. Compliance
In connection with your participating in the Referral Program, you agree to the restrictions listed below.
No spam – You agree that you will not “spam” anyone with Referrals to join Beanstox either by mass emailing, use of automated systems, bots or automatic dialers, and to not post Referral links on websites or event or venue pages without express consent from the owner. You agree to not engage in any device or scheme that results in “spam.”
No misrepresentations – You agree that you will not attempt to mislead anyone in connection with the Referral Program. This includes, but is not limited to, creating fake accounts, profiles, links or messages.
No prohibited content – You agree that you will not use any defamatory, offensive, abusive or obscene content in connection with Beanstox. This includes, but is not limited to, content that violates someone else’s privacy or harassing content.
No fraudulent activity – You agree not defraud or abuse, or attempt to defraud or abuse, anyone in connection with the Referral Program. You agree to not engage in any activity that may be fraudulent, deceptive or manipulative.
No misuse of Beanstox’s content – You agree not to sell Beanstox Referral links or create websites, email addresses or social media with Beanstox’s name, images or content without Beanstox’s express consent. Beanstox’s content is not intended for distribution to, or use by, any person or entity in any jurisdiction where such distribution or use would be contrary to law or regulation or which would subject Beanstox or any of Beanstox’s products or services to any authorization, registration, licensing or notification requirements within any jurisdictions outside those jurisdictions in which Beanstox and its affiliates are licensed to operate.
Violation of any of these restrictions may result in termination of your eligibility to participate in the Referral Program and may deny you any Referral Gifts earned in violation or suspected violation of these restrictions at Beanstox’s sole discretion.
4. Disclosure
You acknowledge and agree that, before Beanstox presents a Potential New Client invited by you with the opportunity to enter into the Beanstox Agreements, the Potential New Client will be shown the Disclosure, which shall contain the following information:
your name (must include your legal name, and not a screen name/alias, phone number or email address, for example);
Beanstox’s full legal name, i.e., Beanstox Advisers, LLC;
the nature of your relationship with Beanstox as a Referring Client under this Agreement;
a statement that you may be compensated for inviting the Potential New Client; and
the terms of our compensation arrangement with you under this Agreement.
You also acknowledge and agree that the Potential New Client will be required to provide an acknowledgement that the Potential New Client has received the Disclosure.
5. Brochure
You acknowledge and agree that, before Beanstox presents a Potential New Client invited by you with the opportunity to enter into the Beanstox Agreements, the Potential New Client will be presented with a link to the most recently filed version of the Beanstox Form ADV and required to provide an acknowledgement that the Potential New Client has received the Brochure.
6. Beanstox’s Registration
Beanstox represents and warrants to you that it is registered with the SEC under the Act as an investment adviser.
7. Legal and Regulatory History
You represent and warrant to Beanstox that you are not a person: (A) subject to an SEC order issued under section 203(f) of the Act, or (B) convicted within the previous ten years of any felony or misdemeanor involving conduct described in section 203(e)(2)(A) through (D) of the Act, or (C) who has been found by the SEC to have engaged, or has been convicted of engaging, in any of the conduct specified in paragraphs (1), (5) or (6) of section 203(e) of the Act, or (D) is subject to an order, judgment or decree described in section 203(e)(4) of the Act.
8. Relationship to Program Agreement
You acknowledge and agree that all Referral Gifts credited to you under this Agreement for Referrals are subject to the terms and conditions of the Beanstox Agreements. To the limited extent the express terms and conditions of this Agreement and those of the Beanstox Agreements directly conflict, this Agreement shall govern.
9. Dispute Resolution, including Pre-Dispute Arbitration Clause
The arbitration provisions in Section 11.3 of the Beanstox Agreements, which you, as a Referring Client, have already entered into, shall apply to this Agreement to the same extent as they apply to the Program Agreement.
All controversies that may arise between you and Beanstox or between you and the Carrying Broker concerning any subject matter, issue, or circumstance whatsoever (including controversies concerning any account, order, or transaction, or the continuation, performance, interpretation, or breach of this, the other Agreements, or any other agreement between you and Beanstox or the Carrying Broker, whether entered into or arising before, on, or after the date this account is opened) shall be determined based on the Arbitration clause set out in the Beanstox Agreements. You acknowledge that judgment upon any arbitration award may be entered in any court of competent jurisdiction.
No person shall bring a putative or certified class action to arbitration, nor seek to enforce any pre-dispute arbitration agreement against any person who has initiated in court a putative class action; or who is a member of a putative class who has not opted out of the class with respect to any claims encompassed by the putative class action until: (i) the class certification is denied; or (ii) the class is decertified; or (iii) the customer is excluded from the class by the court. Such forbearance to enforce an agreement to arbitrate shall not constitute a waiver of any rights under this Program Agreement except to the extent stated herein.
10. Termination
You may terminate this Agreement at any time by notifying Beanstox in writing at support@Beanstox.com that you no longer desire to make Referrals or to receive Referral Gifts for Referrals. Upon termination you will no longer be a Referring Client. Beanstox may terminate this Agreement at any time by notifying you at the email you have provided to Beanstox for your Beanstox Account(s). If Beanstox terminates this Agreement and you have not breached this Agreement, Beanstox will pay your earned Referral Gifts you have earned from Referrals for which the Referred Client has met the terms and conditions of this Agreement, before we notified you that we terminated this Agreement with you.
11. Miscellaneous
By participating in the Beanstox Referral Program, you undertake to perform your duties under this Agreement in a manner consistent with this Agreement, any and all of Beanstox’s instructions to you and the provisions of the Act and the Rules. You agree to seek guidance promptly from Beanstox if you are in doubt about what the Act or the Rules allow or do not allow you to say or do in connection with Referrals.
