REFER A FRIEND TERMS AND CONDITIONS

Summary

This program is available to all current residential fiber Internet customers that have an active account with us and are current on all payments owed to us (each a “Referrer”). Planet Networks will reward Referrers through issuance via account credit for one month of residential Internet service for each Qualified Referral (as defined below) or other equivalent consideration as detailed below, up to 12 months per calendar year. This Program cannot be combined with other reward programs or special offers. Void where prohibited.

Term/Termination

We may terminate your participation in this Program or cancel this Program at any time in our sole discretion, but these Program Terms & Conditions will continue to apply to Qualified Referrals made prior to such termination or cancellation, unless your participation is terminated because of a violation of these Program Terms & Conditions. Failure to comply with any of these Program Terms & Conditions or any fraud or abuse relating to the accrual of rewards under the Program by you or anyone acting on your behalf may result in the immediate termination of your membership in the Program, cancellation of your Program account and/or forfeiture of any outstanding Program rewards. In the event of any fraud, misconduct, or suspected fraud or misconduct by you or anyone acting on your behalf or under your password, Planet Networks reserves the right to suspend access to your account indefinitely pending investigation.

Qualified Referrals

A “Qualified Referral” is any residential customer located in an area where we provide residential fiber Internet service that (i) is not currently served or under contract with Planet Networks or otherwise serviced by us, (ii) satisfies our service requirements, (iii) successfully signs up with us for residential fiber Internet service in an area we serve, (iv) provides a valid Referral Code upon sign up; and (v) has made payment in full of any bills due to Planet Networks. Each Qualified Referral may only be credited to a single Referrer. By participating in this Program, you agree that Planet Networks will make the final determination whether anyone you refer to us meets all requirements to be considered a Qualified Referral.

Rewards

Planet Networks will reward Referrers through issuance of an account credit in the amount of one month of your residential service fee for each Qualified Referral, up to twelve months per calendar year, once the referred friend becomes a new customer and meets the reward qualifications stated above. The reward notice will be delivered via email. Please allow for processing time following the referred friend's sign up for them to be installed and for them to pay their first bill. You will have no right to any credit or unfulfilled referral reward that remains outstanding at the time your service with Planet Networks terminates.

We reserve the right to provide you with an alternative form of consideration of equal value at our discretion. Valid Planet Networks account required for receipt of credit. The maximum cash or cash equivalent rewards that you may earn through this Program and other promotions offered by us is $575 per calendar year.

Account

As a Planet Networks customer you have the opportunity to access some of the data regarding your referrals and rewards through our online portal. This portal allows you to log in and view your current plan details, the status of your referral credits (note: referral status is only available after a Qualified Referral has enrolled with us – statuses are either successful, unsuccessful or pending), view and track annual potential rewards, and at some point in the future, you will be able to share your unique referral code or link with friends and family.

Changes

We reserve the right at any time and in our sole discretion to cease to proceed with all or any part of this Program or to alter, change, modify or assign the terms or content of this Program. If any of the Program Terms & Conditions are changed or amended in any way, we will promptly publish such variation or amendment on our website at www.planet.net It is your responsibility to check the Refer A Friend Terms & Conditions page of the website regularly to determine whether these Terms & Conditions have been modified. If you do not agree to any modification of these Terms & Conditions, you must immediately cease participation in the Program. All previous Program offers will no longer be valid with respect to any Qualified Referrals made after the date of such change. Referral rewards or other payment amounts are subject to change at any time, and such changes will apply to Qualified Referrals made after the date of such change. Additional restrictions may apply.

Confidentiality

In connection with your participation in this Program, you may receive confidential and proprietary information from us, including sensitive customer data, which you agree to keep confidential and not to disclose to any third party except as necessary in connection with your participation in this Program. You also hereby authorize us to release any such information regarding your account to someone referred by you as necessary to enroll such potential customers with us. It is your responsibility to keep the access codes we provided for your account confidential. Planet Networks, and its affiliates, will not sell your email or any email you provide for your friends (referrals) to any other party.

Referral Communications; Guidelines on Endorsements and Testimonials

We are providing you with tools to share your referral code and link with your friends and family, as well as suggested language to use when making such referrals. You are not authorized to make any other marketing claims, including claims of savings or the nature of Planet Networks service, as part of this Program. Any communications that you do make in connection with referrals must be honest and accurate. As part of your participation in the Program, you understand and agree that you are responsible for making truthful and accurate statements in connection with any referrals and can be held liable for any false or misleading statements you make. You must disclose in any referral communication the fact that you are a Planet Networks customer and that you may receive a reward for any successful referral.

Any emails that you send under the Program must comply with federal CAN-SPAM Act requirements. The tools we have provided to allow you to share your referral code or link include the information required under the CAN-SPAM Act and allow us to honor recipient opt-out requests as required by the Act. You understand and agree that you are not permitted under the Program to send out emails or share your code or link through other social media other than through the tools provided by us.

You are solely responsible for complying with the requirements of this section, and we will not be responsible for your failure to do so. Failure to comply with these requirements will result in immediate termination of your Program participation and forfeiture of any remaining Program credits. In addition, you will be responsible for any resulting damages.

Independent Contractor Relationship

You acknowledge and agree that nothing herein authorizes you to act on our behalf nor on behalf of our affiliates and that nothing herein shall be construed to constitute a or imply a joint venture, employer-employee relationship, partnership or association between you and us, or their respective affiliates. You acknowledge that you enrolled in this Program at your own risk and as an independent contractor. You are not authorized to make any marketing claims, including claims of savings or the nature of Planet Networks service, as part of this program.

Indemnification

By participating in this Program, you agree to indemnify and hold harmless Planet Networks, its parent and their respective affiliates from and against any and all damages, costs, expenses, claims or liabilities of any kind, including third party claims, whether pending or threatened, including without limitation, reasonable attorneys’ fees and court costs, incurred by any of them arising out of or related to your participation in this Program or breach of these Program Terms & Conditions.

Warranty Disclaimers; Limitation of Liability

YOU EXPRESSLY AGREE THAT YOUR PARTICIPATION IN THE PROGRAM IS AT YOUR OWN RISK. THE PROGRAM IS MADE AVAILABLE TO YOU ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. NEITHER PLANET NETWORKS, ITS PARENT OR ANY OF THEIR AFFILIATES, THROUGH THESE PROGRAM TERMS & CONDITIONS, MAKES ANY WARRANTY REGARDING THE PROGRAM, AND WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL PLANET NETWORKS, ITS PARENT OR ANY OF THEIR AFFILIATES BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA AS A RESULT OF CLAIMS, WHETHER BROUGHT IN CONTRACT OR TORT, ARISING OUT OF OR CONNECTED WITH THESE PROGRAM TERMS & CONDITIONS OR THIS PROGRAM, EVEN IF PLANET NETWORKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Acceptance and Jurisdiction

By participating in the Program, you agree that you have read, understand and will abide, and be bound, by these Program Terms & Conditions. These Program Terms & Conditions shall be governed in all respects in accordance with the laws of the State of New Jersey without regard to the conflict or choice of law rules thereof. The federal and state courts located in Sussex County, New Jersey, shall have exclusive jurisdiction over any dispute arising hereunder and by participating in this Program you consent to same.

General

You may not assign the right to participate in this Program to any other party. We may assign these Program Terms & Conditions or assign or delegate any of our rights or responsibilities hereunder to independent contractors or other third parties. We shall not be deemed to have waived any of our rights or remedies hereunder unless such waiver is in writing and executed by our authorized representative. No delay or omission by us in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies.