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These Terms and Conditions (“Terms”) govern the Ford EV Referral Program for Ford Mustang Mach-E or Ford F-150 Lightning vehicles (“Program”) offered by Ford Motor Company, One American Road, Dearborn, MI 48126 (“we”, “us”, “our”, “Ford ” or “Company”) to current and prospective owners or lessees of Ford Mustang Mach-E or Ford F-150 Lightning vehicles (sometimes collectively referred to herein “Participants”), as set forth below.

PLEASE READ THESE TERMS CAREFULLY AND IN FULL. THEY CONTAIN IMPORTANT CONDITIONS AND RESTRICTIONS ON THE PROGRAM AND PROVISIONS THAT LIMIT OUR LIABILITY TO PARTICIPANTS. PARTICIPANTS AGREE TO THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN SECTION 12 TO RESOLVE ANY DISPUTES WITH FORD.

1. Binding Agreement. By participating in the Program as either an Advocate or a Friend and using the Program website located at https://ford.extole.io/ (the “Site”), Participant is bound by these Terms and indicate Participant’s agreement to them. All of the Company's decisions regarding the Program are final and binding.

2. Privacy. By participating in the Program as either an Advocate or a Friend, Participant consents to Ford sharing Participant’s information with Ford’s independent third-party service providers (“Service Providers”) for purposes of facilitating the Program and issuing Rewards and Offers (as each of those terms are defined below). The personal information collected, processed and used as part of the Program will be used in accordance with Company’s Privacy Notice. For additional information about Ford’s privacy practices, please visit https://www.ford.com/help/privacy/.

3. Eligibility. Participant must be a legal resident of the United States of America and at least 18 years old to participate in the Program and use the Site. Participant must currently own or lease a Ford Mustang Mach-E or Ford F-150 Lightning electric vehicle (each referred to herein as a “Vehicle”) to be an Advocate (defined below). Participant must visit the Site and follow the on-screen instructions to refer Participant’s friends, family members or colleagues (collectively, “Friends”) to the Program via text message or email. Once Participant makes a referral, Participant will be considered an “Advocate”, and, subject to Section 6 below, in order for an Advocate to be eligible for a Reward, their Friend(s) must (i) provide the information to Ford as described in the referral message sent to the Friend regarding the Program, and (ii) complete the purchase or lease of a new Ford Mustang Mach-E or Ford F-150 Lightning vehicle with their Program private offer code (“Offer”) on or before the date set forth in the applicable Offer. Additional eligibility requirements may be implemented or otherwise communicated to Participants from time-to-time in connection with the Program. By submitting to Ford (and Ford’s Service Providers) any name, email address or other information about any Friends in connection with this Program, Advocate represents and agrees that Advocate (i) is not acting as a sales agent, broker or any other individual or entity involved in the sale of a Vehicle, and (ii) has obtained any legally-required consent from such Friends to give Ford (and Ford’s Service Providers) their information and have it used as described herein.

4. Restrictions. Participant cannot refer themselves or create multiple, fictitious or fake accounts with the Company in connection with the Program. Participant may not use the Program to violate any law, infringe or violate 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 Program, as determined by us in our sole discretion. In addition, Participant may not (i) tamper with the Program or the Site, (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 Program. ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE COMPANY RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS’ FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING REFERRING PARTICIPANT TO THE APPROPRIATE AUTHORITIES FOR CRIMINAL PROSECUTION. Employees of the Company or any of its subsidiaries, affiliates or promotional agencies are not eligible to participate in the Program. Ford’s Service Providers are not controlled or endorsed by Ford, and Ford assumes no responsibility or liability for any actions or inactions of our Service Providers. The Program may be subject to additional terms that our Service Providers may present to Participant, and by participating in the Program, Participant agrees to any such additional terms and conditions.

5. NOT AN OFFER OR CONTRACT FOR SALE. The Program is not an offer by Ford or Advocate to sell a Vehicle to any Participant, and providing the referral information to Ford is not an offer by a Friend to purchase a Vehicle, nor is it a reservation for a Vehicle. The participating Ford dealers involved in sales of Vehicles to Friends in connection with the Program are not employees, affiliates or subsidiaries of Ford. The purchase price and all other terms of sale for a Vehicle will be determined by the participating dealer in accordance with such terms and processes as such dealer may establish, provided that participating dealers will honor an Offer for eligible Friends. The Program is not a lottery, sweepstakes, contest, game, commercial competition, or prize competition.

6. Program Rewards and Offers.

   1. Rewards (AVAILABLE ONLY TO ADVOCATES AND FRIENDS WHO ARE RESIDENTS OF ALABAMA, COLORADO, CONNECTICUT, DELAWARE, FLORIDA, HAWAII, IOWA, MISSOURI, MONTANA, NEBRASKA, NEW HAMPSHIRE, NEW JERSEY, OR RHODE ISLAND): By making a valid referral to a Friend in accordance with these Terms, Advocates may receive a benefit (“Reward”) from Ford. Advocates will be notified by Ford with instructions on how to redeem their Reward after their Friend completes their purchase or lease with their Offer. Advocates can receive a maximum of five (5) Rewards per year. Rewards may be redeemed in various forms, including but not limited to FordPass Rewards Points or a gift card, in the Company's sole discretion. The Program is only available for a limited time to a limited number of eligible Advocates and there is no guarantee that Advocate will receive a Reward in full or in part. Rewards are subject to verification by Ford, and Ford may delay issuing a Reward for the purposes of investigating compliance with the Program and these Terms. The Company may also refuse to verify and process any transaction for any reason. Unless otherwise stated, Rewards have no monetary value and may not be redeemed for cash. Rewards are not transferable and may not be auctioned, traded, bartered or sold. Rewards will only be available to eligible Advocates who are residents of the states listed above.
   2. Offers: Friends may only qualify for one (1) Offer per calendar year. Offers must be used toward the purchase or lease of a new Vehicle at participating Ford dealers on or before the date set forth in the applicable Offer. Offers are redeemable at participating Ford dealers in the United States EXCEPT Ford dealers located in the following states: Illinois, Kentucky, Massachusetts, New Mexico, Ohio, Oregon, South Carolina, Tennessee, Vermont, Virginia, Wisconsin, and Wyoming. Offers cannot be combined with other private offers, Ford conquest cash, or owner loyalty and lease programs. Offers are subject to verification by Ford, and Ford may delay issuing an Offer for the purposes of investigating compliance with the Program and these Terms. Offers may not be redeemed for cash, are not transferable, and may not be auctioned, traded, bartered or sold. If Friend uses an Offer to purchase or lease a Vehicle, Friend must keep such Vehicle in their possession and registered in their name for at least six months from the date of purchase or lease. Failure to keep possession and registration of such Vehicle in Friend’s name for at least six months may result in Friend being ineligible for future Ford promotional offers.

7. Liability. PARTICIPANT UNDERSTANDS AND AGREES THAT THE RELEASED PARTIES (DEFINED BELOW) SHALL NOT BE LIABLE TO PARTICIPANT FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). By participating in the Program and/or using the Site, Participant agrees to defend, indemnify, release and hold harmless the Company, our Service Providers, and their respective affiliates and subsidiaries, together with their respective employees, directors, officers, licensees, licensors, shareholders, attorneys and agents including, without limitation, their respective advertising and promotion entities and any person or entity associated with the production, operation or administration of the Program (collectively, the “Released Parties”), from any and all claims, actions, demands, damages, losses, liabilities, costs or expenses (collectively, “Losses”) caused by, arising out of, in connection with, or related to Participant’s participation in the Program or use of the Site (including, without limitation, any property loss, damage, personal injury or death caused to any person(s)), the award, receipt and/or use or misuse of any benefit in the Program, Participant’s failure to comply with any applicable laws (including, but not limited to, any anti-spam or franchise laws or licensing requirements), and/or Participant’s breach of these Terms. Ford makes no representation as to whether Participate is required to obtain any licenses in order to participate in the Program. The Released Parties shall not be liable to any Participants for failure to supply any advertised benefit, by reason of any acts of God, any action or request by any governmental or quasi-governmental entity (whether or not valid), or any other activity or action that is beyond any of the Released Parties’ control. TO THE FULLEST EXTENT PERMITTED BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM, THE SITE AND/OR THESE TERMS, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by Participant, and, in such case, Participant shall agree to cooperate with our defense of such claim.

8. Disclaimer of Warranties. PARTICIPANT EXPRESSLY UNDERSTANDS AND AGREES THAT: (A) THE PROGRAM (INCLUDING THE SITE) IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS AND TERMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR CUSTOM, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED THROUGH THE USE OF THE PROGRAM (INCLUDING THE SITE), IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE AND GIVE NO WARRANTY THAT (i) THE PROGRAM (INCLUDING THE SITE) WILL MEET PARTICIPANT’S REQUIREMENTS, (ii) THE PROGRAM (INCLUDING THE SITE) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, AND (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY PARTICIPANT THROUGH THE PROGRAM (INCLUDING THE SITE) WILL MEET PARTICIPANT’S EXPECTATIONS, AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PROGRAM (INCLUDING THE SITE) IS ACCESSED AT PARTICIPANT’S OWN DISCRETION AND RISK, AND PARTICIPANT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO PARTICIPANT’S COMPUTER SYSTEM OR MOBILE OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.

9. Bulk Distribution. Participant acknowledges and agrees that Participant is the actual sender of the referral emails and/or text messages sent to Friends in connection with the Program and must comply with applicable law. Referral emails must be created and distributed in connection with the Program by Participants in a personal manner that is appropriate and customary for communications with Friends. Bulk email distribution, distribution to strangers, or any other mass communication regarding the Program not otherwise contemplated by these Terms is expressly prohibited and may be grounds for immediate disqualification from the Program and further legal action. The Company has no obligation to monitor the Program or any communications; however, the Company may choose to do so and block any email messages, remove any such content, or prohibit any use of the Program.

10. Sign-In Credentials. Participant is responsible for maintaining the confidentiality of any sign-in credentials for the Site and is fully responsible for all activities that occur through the use of such credentials. Participant agrees to notify the Company immediately if Participant suspects unauthorized access to Participant’s account. Participant agrees that the Company will not be liable for any loss or damage arising from unauthorized use of Participant’s credentials.

11. Right to Cancel, Modify or Terminate. Ford reserves the right to cancel, modify or terminate the Program (including the Site) at any time for any reason. Ford reserves the right to disqualify any person at any time from participation in the Program if they do not comply with any of these Terms, as determined by Ford in its sole discretion.

12. AGREEMENT TO ARBITRATE: Arbitration is a method of resolving any claim, dispute, or controversy (collectively, a “Claim”) in front of one or more neutral individuals in an arbitration forum instead of filing a lawsuit in court and having a trial in front of a judge or jury. Either Participant or Ford may bring Claims against the other party only on an individual basis and not as a plaintiff or class member in a class, collective, representative, public injunctive relief, or private attorney general action. The arbitrator may not preside over any consolidated, representative, class, collective or private attorney general action involving Participant and Ford. The arbitrator may award relief only to the extent necessary to provide relief necessitated by the Claims. The arbitrator cannot, without consent of all parties: 1) combine one claim with another, 2) facilitate notification to others of potential claims, or 3) arbitrate any type of representative or multi-plaintiff proceeding. If the bar to Claims or remedies for public injunctive relief or private attorney general actions is held unenforceable, Participant and Ford agree any such Claims or remedies shall be severed and stayed before a court with applicable jurisdiction pending final resolution of the arbitration on any remaining Claims or remedies subject to arbitration.

13. Miscellaneous. These Terms together with any additional terms to which Participant agrees when participating in the Program constitute the entire agreement with Ford regarding the Program. Unless and to the extent local law requires otherwise, these Terms are governed by, and construed in accordance with, the laws of the State of Michigan, except in relation to any conflict of law provisions thereof. Unless local law mandates otherwise, and subject in all respects to Section 12 (Agreement to Arbitrate), all lawsuits arising from or relating to these Terms or the Program shall be brought in the Federal or State courts located in Oakland County, Michigan. If a court determines that any term or condition in these Terms is illegal or unenforceable, then such term will be eliminated and the remaining terms and conditions will remain in full force and effect. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, Participant and Ford nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. These Terms are not assignable, transferable or sublicensable by Participant except with our prior written consent. We may transfer, assign or delegate these Terms or the Program and all rights and obligations hereunder without consent. No joint venture, partnership, employment or agency relationship exists between Participant and Ford as a result of these Terms. Neither the course of conduct nor trade practice shall act to modify any provision of these Terms.