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Effective Date: January 20, 2026

These terms and conditions (collectively, the “Terms” or “Agreement”) govern participation in Encircle Inc.’s (“Encircle” or “Company”) Refer-a-Friend programs. By sending or using a referral link or code, each Referrer and Referee agrees to be bound by these Terms.

Encircle operates two distinct referral programs based on the location of the Referrer:

  1. US Refer-a-Friend Program (Gift Card Program) – managed in-app through the Impact-powered widget.
  2. International Refer-a-Friend Program (Swag Voucher Program) – accessed via an external Encircle referral landing page.

Unless stated otherwise, all terms apply to both programs.


Purpose
1. Program Structure
1.1 US Refer-a-Friend Program (Gift Card Program)

For Referrers located in the United States:

  • The program is delivered in-app via a Refer & Earn widget.
  • A Referrer sends a unique referral link or code from within Encircle.
  • When a Referee books and attends a demo, the Referrer receives a $50 USD gift card.
  • When the Referee becomes an Encircle customer (first subscription payment processed):
    • The Referee receives a $100 USD gift card
    • The Referrer receives a $200 USD gift card
  • Referrers may earn up to $599 USD per calendar year.
  • Once a Referrer reaches $599 USD, they will be invited to Encircle’s Affiliate Program, which requires tax documentation (e.g., W-9), and will no longer be eligible to participate in the Refer-a-Friend Program for that tax year.
  • Under this program, Referees may be located both in and outside the United States.


1.2 International Refer-a-Friend Program (Swag Voucher Program)

For Referrers located outside the United States:

  • The program is accessed via an external Encircle landing page linked through the Refer & Earn widget in app.
  • A Referrer submits the Referee’s information using the referral form.
  • When the Referee becomes an Encircle customer:
    • The Referrer is entitled to receive one of the following three packages:
      • Carhart jacket
      • Yeti items
      • Apple Airpods
  • No cash or cash-equivalent gift cards will be issued in lieu of such packages.
  • Under this program, Referees may be located anywhere in the world, including the United States.



2. Eligibility

To participate, Referrers must:

(a) be at least 18 years old;
(b) for US Program incentives: be physically located in the United States;
(c) for International Program incentives: be located outside the United States;
(d) not be an employee of Company or its affiliates;
(e) not be prohibited from participating by applicable law or contract;
(f) not refer themselves; and
(g) obtain the Referee’s consent prior to submitting the Referee’s information.


3. Referral Requirements

A referral is considered valid and eligible for the program only if:

(a) The Referee is not a current Encircle customer and has not been a customer within the past three (3) years;
(b) The Referee uses the Referrer's referral link or the designated referral form;
(c) The Referee attends a scheduled Encircle demo (US program requirement for initial incentive); and
(d) The Referee completes their first subscription payment to Encircle.

Encircle may, at its discretion, allow referral codes to be added retroactively.  Nothing herein obligates Encircle to accept any Referee as a customer, and all decisions relating to acceptance of any orders from Referees for any products or services shall be in Encircle’s sole discretion.


4. Incentives
4.1 US Gift Card Incentives

Rewards consist of:

  • $50 USD gift card to the Referrer when the Referee attends a demo
  • $100 USD gift card to the Referee upon becoming a customer
  • $200 USD gift card to the Referrer upon the Referee becoming a customer

Gift cards are issued only to US-based Referrers.

Encircle may modify or discontinue incentives at any time.


4.2 US Gift Card Incentives

Rewards consist of one of the following three packages:

  • Carhart jacket
  • Yeti items
  • Apple Airpods

Encircle may modify or discontinue the swag packages at any time.  Items in the swag packages cannot be redeemed for cash.


4.3 Earnings Cap (US Program Only)

Referrers participating in the US program may earn up to $599 USD per calendar year.
Upon reaching the cap:

  • The Referrer becomes ineligible for further gift card rewards that year; and
  • The Referrer will be invited to join the Encircle Affiliate Program, which requires applicable tax documentation.



5. Taxes

Referrers are responsible for reporting any Incentives received as required by any applicable governmental authority or other entity having jurisdiction over Referrer.

For US participants entering the Affiliate Program, Encircle may require completion of tax documents and may report Incentives to tax authorities as required.


6. Trademark Usage

Encircle’s trademarks, logos, and trade names (“Marks”) remain its exclusive property. Referrers may use Marks solely to promote the referral program during the term of this Agreement; any such promotion must accurately represent Encircle and the referral program.  Any rights not expressly granted by Encircle under this Agreement are reserved.


7. Confidential Information

Referrers must treat all information received from Encircle as confidential and protect it with the same degree of care used for their own confidential information.  Personal information gathered by Encircle from Referrers and Referees will be used for the purposes of administering the program, contacting Referrers and Referees and as otherwise permitted or required by law.


8. Warranties

Referrer represents and warrants that:

a) all eligibility requirements are met;

(b) they have not made, and shall not make, any representations, warranties or guarantees about Encircle or any products or services of Encircle unless expressly authorized in writing by Encircle ;

(c) no payments were made to third parties to secure referrals;

(d) all Referees are legitimate prospective customers; and

(e) they have complied with all applicable laws and have the full power to enter into this Agreement, participate in the program, and perform their obligations hereunder; and

(f) in participating in this program, they have not engaged and will not engage in deceptive, misleading, illegal or unethical practices that might reasonably be detrimental to Encircle or any products or services of Encircle.

Encircle is providing this incentive program on an “AS IS” basis, without any warranty whatsoever, express or implied, and Encircle shall have no obligation or liability to Referrers, Referees, or any other party whatsoever in respect of the incentive program.  ENCIRCLE DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, NON-INFRINGEMENT, OR ANY OTHER WARRANTY OR CONDITION ARISING BY STATUTE, CUSTOM OR USAGE OF TRADE RELATED TO THE INCENTIVE PROGRAM AND INCENTIVES PROVIDED HEREUNDER. Some jurisdictions may not allow the exclusion or limitation of implied warranties and conditions; the limitations, exclusions, and disclaimers set forth in this Agreement shall not apply only if and to the extent that the laws of a competent jurisdiction requires liabilities beyond and despite these limitations, exclusions, and disclaimers.


9. Indemnity

Referrer agrees to indemnify, defend and hold Encircle harmless from and against any claims arising from Referrer’s acts or omissions, including their breach of this Agreement, misuse of Marks, negligence, misconduct, or violation of applicable laws.


10. Limitation of Liability

By participating in this program, Referrer agrees to release and hold harmless Encircle, its subsidiaries and affiliates, and each of the foregoing entities’ respective directors, officers, employees, agents, representatives, successors and assigns from any liability in connection with this program, including Referrer’s activities in providing referrals, and any incentives received and their use thereof.  EXCEPT FOR ANY DIRECT DAMAGES THAT ARE PROXIMATELY CAUSED BY ENCIRCLE’S WILFUL MISCONDUCT OR GROSS NEGLIGENCE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ENCIRCLE BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR DAMAGES FOR LOSS OF PROFITS,  WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, AND WHETHER OR NOT ENCIRCLE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ENCIRCLE’S LIABILITY SHALL NOT IN ANY EVENT EXCEED THE TOTAL INCENTIVE PAID TO THE REFERRER IN THE PREVIOUS ONE (1) YEAR. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS AGREEMENT SHALL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR ACTION BY COMPANY, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL THEORY.


11. Term and Termination

Encircle may modify or terminate this Agreement or either program at any time in its sole discretion.
Upon termination:

  • Referrer must immediately cease using Encircle’s Marks and will no longer promote Encircle’s products or services absent Encircle’s express written authorization;
  • All confidential materials of Encircle must be returned;
  • Encircle will cease to provide incentives under this program, and for greater certainty, no incentive will be payable for Referees who has not attended a demo and/or become a customer of Encircle by paying a subscription fee to Encircle (as applicable) prior to termination.


12. Status

Each party shall perform its obligations in this program as an independent contractor, and nothing herein shall be construed to create or imply a joint venture, partnership, principal-agent, or employment relationship between any of Encircle, Referrer or Referee.  Except as expressly authorized by Encircle in writing, Referrer shall neither act nor purport to be acting as the legal agent or representative of Encircle, nor enter into any agreement on behalf of Encircle or otherwise bind or purport to bind Encircle in any manner whatsoever.


13. Governing Law

This Agreement is governed by the laws of the Province of Ontario, Canada.
Disputes shall be resolved exclusively in the Ontario Superior Court of Justice located in the Region of Waterloo, Ontario.


14. Entire Agreement

This Agreement constitutes the entire agreement between the parties with respect to the subject matter herein, being the Refer-a-Friend Programs and the incentives thereunder. If any one or more of the provisions of this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, any such provision shall be severable from this Agreement, in which event this Agreement shall be construed as if such provision had never been contained herein. No waiver by either party of a breach or omission by the other party under this Agreement shall be binding on the waiving party unless it is expressly made in writing and signed by the waiving party.  Any waiver by a party of a particular breach or omission by the other party shall not affect or impair the rights of the waiving party in respect of any subsequent breach or omission of the same or different kind.

Encircle may amend this Agreement and the program terms at any time without notice.

Encircle Customer Referral Program
Terms and Conditions