Terms & Conditions

There is only one thing that makes us happier than knowing a designer loves Material Bank, and that is when a designer refers to another trade professional to the platform. It is for this reason that we offer referral programs (the “Programs”). Because our Program guidelines are somewhat different than others, we have listed below some information you should be aware of, as it sets out the terms to which you must agree to participate in this referral Program (“Terms and Conditions”):

1.     Material Bank’s User Approval Process

Material Bank’s platform is only accessible to qualified designers and other trade professionals.

To gain access to Material Bank, a designer or trade professional must register on the site.

Registrations are reviewed and approved, waitlisted or rejected by Material Bank based upon its current review criteria, which may change from time to time in Material Bank’s sole discretion.

Registrants who are approved can immediately access Material Bank and order samples, whereas those placed on the waitlist are notified and will be able to access Material Bank if and when they are approved by Material Bank at a later point in time. Those registrants who do not meet the review criteria are notified and not allowed access to Material Bank.

2.     Referral Participation

At its discretion, Material Bank selects certain approved users to participate as “Referrers” in its referral Programs.

Referrers receive a link they can share with others they wish to refer to Material Bank.

Individuals referred (“Referrals") are required to register, and their registration will be reviewed in accordance with Material Bank’s review and approval process.

Referrals who meet the current review criteria, are notified, asked to confirm their account details and are granted access to Material Bank.

Referrals who do not meet the current review criteria for immediate access may not be notified that they are either placed on the waitlist or that they have been denied access to Material Bank.

3.     Who May Participate in a Referral Program

Referrer
Material Bank’s referral programs are exclusive, invitation-only programs. Invitations to participate in the Program (“Invitations”) will be extended to select approved users of the Material Bank platform, at the sole discretion of Material Bank. Each of Material Bank’s referral programs are different, and Material Bank uses its discretion in selecting which programs we invite users to participate in. Approved users who have received Invitations (“Referrers”) may share their referral link with friends and acquaintances in the United States who are design professionals.

Referral
Referrers are encouraged to refer those whom they believe will meet Material Bank’s criteria of a designer or trade professional. It is expected that some referrals will not meet Material Bank’s approval standards, as determined in Material Bank’s sole discretion. Material Bank has no obligation to grant access to Material Bank to any Referral.  

All Referrals who complete a registration will be required to accept Material Bank’s Terms & Conditions and Privacy Policy, regardless of approval status. Material Bank will communicate with the Referral and manage the Referral’s account in accordance with these policies.

4.     How the Programs Works
Referrers will earn a reward (a “Reward”) when a designer or trade professional they refer through their referral link both (a) registers and is approved (by Material Bank, in its sole discretion) as a new Material Bank user, and (b) places their first order through the Material Bank platform (whereupon a Referral becomes a “Referred User”), while the Program is still running, as determined by Material Bank at its discretion. Material Bank reserves the right to change the Reward at any time in its sole discretion, including without limitation, the value or type of Reward. For a Referrer to be entitled to a Reward, the Referral must apply through the referral link provided by Referrer. If any person who is a Referral applies from a separate link (not in the Invitation), uses a different referral code, or applies independently (i.e., if they visit materialbank.com directly), the Referrer will not receive a Reward with respect to that Referral. If a Referral does not place an order for any reason, even if the reason is a result of that user being rejected during registration by Material Bank, no Reward will be earned. Once an approved user has placed an order, that user can no longer be considered a Referral from any other Referrer.

The maximum number of Rewards a Referrer is eligible to earn under this program is fifteen Rewards. If more Referrals are sent to Material Bank by the Referrer than the Referrer’s specific program allows, we are not responsible for an additional Reward amount to the Referrer. A Referred User is eligible to earn a maximum of one Reward under this program.

Each Reward earned will be paid by means of one or more digital gift cards selected by Material Bank that will be delivered electronically via the email associated with the Referrer’s or Referred User’s Material Bank account, as applicable. All gift cards are subject to the terms and conditions placed on them by their issuer. Efforts will be made to process Rewards at the end of each business day; however, Material Bank may take up to 7 business days to process and issue a Reward. Material Bank does not place a specific end date on its Programs; however, we may choose to terminate or close a Program at any time. Once a Program is closed, Material Bank will no longer be responsible for providing any Rewards for referral activity which occurs after the end date of the Program.



5.     Compliance
When reaching out to designers and other trade professionals with respect to the Program, each Referrer must be truthful and accurate in disclosing information regarding the Program and the Material Bank platform. Each Referrer who sends emails about the Program must comply with applicable law regarding such communications. Any such emails must be created and distributed in a personal manner that is appropriate and customary for communications with friends and acquaintances, including in the subject line of the email. In addition, when providing a referral code to a Referral, a Referrer must inform a Referral that such Referrer may receive a benefit from the referral under the Program. Referrers must not send messages to anyone who has asked not to receive such information. Referrers must not market or promote this offer through paid advertising channels or to the public at large (including, for example, on public blog sites, search engines or in sponsored ads).  If a Referrer or Referral fails to comply with these Referral Program Terms and Conditions, Material Bank Terms and Conditions and Privacy Policy, or ceases to be an approved user of the Material Bank platform for any reason, then such Referrer’s or Referral’s participation in the Program may be cancelled in Material Bank’s sole discretion, in which case such Referrer or Referral will no longer be eligible for any Rewards under the Program.

6.     General Terms

TRANSMISSIONS: With respect to the Program, Material Bank is not responsible for interrupted or unavailable network, server, or other connections; or scrambled transmissions or other errors or problems of any kind whether mechanical, human, or electronic, technical malfunctions of the computer hardware, software, or any combination thereof.

WARRANTIES: Material Bank does not make, nor in any manner is responsible for, any warranty, representations, expressed or implied, in fact, or in law, relative to the quality, conditions, fitness or merchantability of any aspect of any Reward, or any goods or services obtained through the use of any Reward.

PRIVACY: Any Referral who accesses Material Bank’s website through the Program, agrees that Material Bank may disclose to the Referrer certain limited information regarding such Referral and the Referral’s participation in the Program. In particular, Material Bank may provide a Referrer with information about the status of a Referral, the Referral’s acceptance as an approved user, and the Referral’s order activity (i.e.,, Material Bank may disclose whether the Referral has made an order through the Material Bank platform but will not disclose information about the Referred User’s orders). Notwithstanding the foregoing, Material Bank reserves the right to decline to provide any such information in its sole discretion. Any personal information collected, processed and used as part of the Program will be handled in accordance with Material Bank’s Privacy Policy.  

TAXES: Any and all applicable federal, state, and local taxes are the sole responsibility of the Referrer as the Reward’s recipient.

GENERAL CONDITIONS: This Program is void where prohibited. Any failure by Material Bank to enforce any provision of these Terms & Conditions shall not constitute a waiver of that provision. Material Bank reserves the right at its sole discretion to disqualify any individual or entity it finds to be: (i) attempting to tamper with or undermine the referral process, and/or the legitimate operation of the Program; or (ii) acting in a disruptive manner, including without limitation, with the intent to annoy, abuse, threaten, or harass any other person with respect to the Program.

RELEASE; LIMITATIONS OF LIABILITY; AND INDEMNIFICATION: BY PARTICIPATING IN THE PROGRAM, EACH REFERRER AND REFERRAL AGREES THAT MATERIAL TECHNOLOGIES, INC. DBA MATERIAL BANK, AND ITS PARENTS, AFFILIATES, SUBSIDIARIES, REPRESENTATIVES, CONSULTANTS, CONTRACTORS AND LEGAL COUNSEL, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS (THE “RELEASED ENTITIES”), WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR ANY INJURIES, DAMAGES, OR LOSSES (DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE), AND SHALL BE HELD HARMLESS AND INDEMNIFIED BY EACH REFERRER AND REFERRAL AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND (INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES) TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM PARTICIPATION IN THE PROGRAM OR IN ANY PROGRAM-RELATED ACTIVITY OR FROM YOUR BREACH OF THESE TERMS & CONDITIONS. IN ADDITION, THE RELEASED ENTITIES ARE NOT RESPONSIBLE IF ANY REWARDS CANNOT BE MADE DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, BANKRUPTCY OR TERRORISM.

DISPUTES: Except where prohibited, each Referrer and Referral agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with the Program shall be resolved individually, without resort to any form of class action, and exclusively by the state courts or federal courts sitting in New York, New York; (b) any and all claims, judgment, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the program, but in no event attorneys’ fees; and (c) under no circumstances will a Referrer or Referral be permitted to obtain awards for, and each Referrer and Referral hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms & Conditions, or the rights and obligations of the each Referrer and Referral and Material Bank in connection with the Program, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of laws rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.

PROGRAM CHANGES: Material Bank reserves the right to modify, limit, suspend, or cancel any Program, its benefits and these Terms and Conditions at any time in Material Bank’s sole discretion. If we amend these Terms and Conditions, we will post the updated version at this same url, and continued participation in any Program after any such amendment will constitute a Referrer’s acceptance of the amended Terms and Conditions.