REFER A FRIEND PROGRAM TERMS

Welcome to Infinitely LOFT.

Effective Date: 09/25/2019

Infinitely LOFT is LOFT's subscription rental program, which gives its members access to hundreds of LOFT looks for one monthly flat fee.

These Refer A Friend Program Terms (“Terms”) govern the Refer A Friend Program (“Referral Program”) offered by ANN INC. (“ANN”, “we,” “our,” or “us”) in connection with the Infinitely LOFT subscription rental program (“Subscription Service”). By participating in our Referral Program, you acknowledge that you have read, understood and agreed to be bound by these Terms and the Terms of Service for the Infinitely LOFT website (“Website”), which require, without limitation, limitations of liability in favor of ANN and binding arbitration for most claims between you and ANN and a waiver of bringing class action claims against ANN. Capitalized terms not defined in these Terms will have the meaning assigned to them in the Terms of Service for the Website. In the event of a conflict between these Terms and the Terms of Service for the Website, the provision that is more protective of ANN will control.

WE MAY, AT ANY TIME, TERMINATE OR MODIFY THE REFERRAL PROGRAM WITHOUT ANY FURTHER OBLIGATION. WE WILL PROVIDE NOTICE(S) VIA EMAIL OR AT WWW.INFINITELYLOFT.COM SHOULD WE TERMINATE OR MATERIALLY MODIFY THE REFERRAL PROGRAM OR THESE TERMS.

1. REFERRAL PROGRAM

A. General Conditions In all matters relating to the Referral Program, the decisions of ANN will be final and non-appealable. In addition to our rights to terminate or modify the Referral Program as detailed above, we reserve the right to cancel your Credits (defined below) or your Referral Program participation if, in our sole discretion, you violate any of these Terms or any applicable law, or if you earn the Referral (as defined below) via deception, forgery, fraud, or commit any other abuse of the Referral Program. We may take these actions even though the actions may affect the value of discounts already accumulated.

B. Eligibility This Referral Program is open to individuals who reside in the U.S. or D.C. and who are at least eighteen (18) years old and the age of majority at the time of participation.” Corporation, groups and other entities are not eligible. If you participate in this Program as a Referral (as defined below), you must not have been an Infinitely LOFT member at the time of your participation. Please note: If you cancel your Membership, you are no longer eligible to participate in the Referral Program as a Referrer.

C. How to Participate in the Referral Program To participate in the Referral Program as a Referrer, you (“you” or “your”) must go to Infinitely LOFT and follow the instructions to register for Infinitely LOFT to obtain your personal referral link. Once you are registered to the service, invite your friends, family and colleagues (your “Referrals”) by sharing your personal referral link with them along with an invitation to subscribe to an Infinitely LOFT membership at Infinitely LOFT (each, an “Invitation”). You will also have the opportunity to send an email generated by Infinitely LOFT. As more fully explained in Section G. below, each Invitation must disclose that the Referrer will receive an incentive if the Referral subscribes to Infinitely LOFT via the Referrer’s personal referral link. See Section G. for language to use. This is a legal requirement, and failure to include that notice may result in voiding any incentives/discounts. Only Referrals who have not previously held Infinitely LOFT memberships as determined by ANN in its sole discretion qualify to use the discount code (the “Discount”) provided in an Invitation; and/or (b) will receive an email Invitation if you select the email Invitation format provided. The Invitation will identify you as the person who referred such Referral to Infinitely LOFT, and will include a discount on the Referrals’ Membership (as provided in our Sales and Rental Agreement). Referrers must respect the spirit of the Referral Program by only referring real individuals who meet the requirements of these Terms.

D. Expiration Periods The Invitation and Discount will expire 1 year after the date the Invitation is sent. Invitations communicated on social media may remain up on social media, however, the Discount may expire and/or change at any time in Ann Inc.’s sole discretion. It is each Referrers obligation to ensure that communication an Invitation on social media complies with the terms and rules applicable to the chosen social media platform. In order for Referrals to redeem the Discount, Referrals must click the link sent to such Referral from his/her Referrer and register for a paid subscription to Infinitely LOFT, and the Discount will be automatically applied at checkout. Once a Referral registers for a paid subscription to Infinitely LOFT via the Referrers personal referral link and remains a member for thirty (30) days, the Referrer will be notified that he/she joined. Provided the Referral does not cancel within thirty (30) days of purchase, that Referrer will receive a $20 subscription credit for Infinitely LOFT (the “Credit”) that will be applied to the Referrer’s next membership fee. The Discount and Invitation provided to your Referral may expire and/or change at any time in ANN sole discretion. We may delay the issuance of a Discount or Credit for the purposes of investigation. We may also refuse to verify and process any transaction we deem, in its sole discretion, to be fraudulent, suspicious, in violation of these Terms, or if we believe will impose potential liability on ANN, its subsidiaries, affiliates or any of their respective officers, directors, employees, representatives and agents.

E. Infinitely LOFT Credit and Other Incentives Terms There is no cash value for Credits. Credits are not transferable and may not be assigned, auctioned, traded, bartered or sold. ANN reserves the right to revoke and/or modify Credits if it determines, in its sole discretion, that a Referrer has engaged in fraudulent referring activity (e.g. using spam to obtain referrals, or acquiring referrals through unsolicited email to person’s unknown to you). Referrers cannot earn a Credit for referring his/herself. Credit will not be earned for a friend who was previously a member of Infinitely LOFT under any email address or alias. ANN reserves the right to limit the maximum number of Credits that may be applied to your account. ANN may, from time to time, offer customers complimentary bonuses, gifts, or partner promotions. Any such promotions are at the sole discretion of ANN, and, together with any other programs or promotions, are not guaranteed under these Terms. Credit(s) received by Referrals may not be redeemed on the following: sales tax, shipping, donations, or purchases of gift memberships or purchase of products. Other exclusions and restrictions may apply. Credits and Discounts are nontransferable. Lost, stolen or destroyed Credits and Discounts will not be replaced. ANN is not responsible for communication errors, including distribution of Credits and/or Discounts, due to a change of email address or other changes in contact information.

F. Marketing The information you provide as a participant of this Referral Program will be subject to in our Privacy Policy. By participating in the Referral Program, you to agree to receive advertising, marketing materials and other communications from Infinitely LOFT. You may opt out of receiving these emails by clicking on the opt out on the bottom of any of the emails and following the instructions.

G. You Must Disclose Your Relationship With Company. Every time you post or send your personal referral link, you must tell people that you earn a discount or other incentive if they use your personal referral link to make a purchase. Telling people that you earn discounts or other incentives is a legal requirement. Failure to comply may result in losing your discount or other incentives and may be a violation of laws enforced by the Federal Trade Commission. Please use the following language: "I get an incentive if you make a purchase using my link.”

H. No Side Promotion. Stick With The Referrals. You must not conduct your own promotion in connection with this Referral Program or Referrals. Any communications you make available about the Referral Program must be limited to referring people to the Referral Program. You agree that you will not participate in this Referral Program in a threatening, abusive, illegal or unsportsmanlike manner.

I. Restrictions. Referrers cannot refer themselves or create multiple, fictitious or fake accounts to participate in the Referral Program. No user may use the Referral Program in a manner that violates any law or platform terms or rules, infringes or violates 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, you may not (i) tamper with the Referral Program, (ii) act in an unfair or disruptive manner, or (iii) use any system, bot or other device or artifice to participate or receive any benefit in the Referral Program. CAUTION: ANY ATTEMPT TO DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE REFERRAL PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, ANN RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

J. Bulk Distribution (“Spam”). Each Referrer is the actual sender of any Invitation emails 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 sending any Invitation to an email address, the Referrer represents that he/she has the appropriate permission and consent. Bulk email distribution, distribution to strangers, or any other use of the services described in these Terms in a manner outside the intent of the Referral Program is expressly prohibited and may be grounds for immediate termination and further legal action. Referrers who do not comply with the law, including anti-spam laws, agree to indemnify ANN and its affiliates, officers and directors against any liabilities, costs and expenses it incurs as a results of such spam.

K. Sign-In Credentials. Users are responsible for providing accurate credentials and maintaining the confidentially of any sign-in credentials. Users agree to notify ANN immediately if they suspect unauthorized access to their account. Users agree that ANN will not be liable for any loss or damage arising from unauthorized use of their credentials.