These Terms govern Surfshark's Refer and Earn program. Anyone who refers a friend, acts on a referral or otherwise takes part in the program, whether as the referring user or the referred friend, agrees to be bound by these Terms together with Surfshark's Terms of Service and Privacy Policy. A person who does not agree to all of them is told not to participate.
Supporting quotations
These terms and conditions (“Terms”) apply to Surfshark’s Refer and Earn program (“Program”). By referring a friend, acting on a referral or otherwise participating in the Program, a referring user (“Referrer”) and a referred friend (“Referred Customer”) agree to be bound by these Terms, our Surfshark Terms Of Service and Privacy Policy.
If you do not agree to these Terms, our Surfshark Terms Of Service and/or Privacy Policy in their entirety, please do not participate in the Program.
Qualifications & exceptions
Agreement happens by taking part in the program; no separate signature step is described.
The Terms of Service and Privacy Policy are incorporated by reference but are not part of this saved document.
Not stated here
The text of the linked Terms of Service and Privacy Policy was not supplied, so how they interact with these Terms is not analyzed here.
Legal Rights & Agreement Rules · Permission or license
Surfshark runs the program and can change or end it at any time
The program is administered by Surfshark B.V. Surfshark says it may change these Terms or terminate the program at any time and in its sole discretion, and that participation is voluntary. The text gives no notice period for a change or termination.
Supporting quotations
The Program is administered by Surfshark B.V. (‘we,’ ‘us’, ‘Surfshark’). Surfshark reserves the right to change the Terms or terminate the Program at any time in its sole discretion. Your participation in the Program is completely voluntary.
Qualifications & exceptions
Surfshark decides in its sole discretion; the text states no notice period or condition.
Not stated here
This block does not say what happens to Rewards already earned if the program is terminated.
Legal Rights & Agreement Rules · Permission or license
Surfshark can refuse a referral for any reason and does not have to explain
Surfshark accepts a referral as Qualified based on checking that the Referred Customer is legitimate, meaning they meet the Terms' requirements and follow applicable laws. It also reserves the right to not accept a referral for any reason at any time, and it says it is not obligated to give the Referrer any reasons why a referral was not accepted.
Supporting quotations
Acceptance of a referral by Surfshark as a Qualified Referral is based upon verification that the Referred Customer is legitimate (i.e., meets requirements indicated in these Terms and complies with all applicable laws). Surfshark reserves the right to not accept a referral for any reason at any time. We are not obligated to, and will not release to the Referrer reasons why a referral has not been deemed as a Qualified Referral.
Qualifications & exceptions
Surfshark may refuse a referral "for any reason at any time," even if the listed conditions appear to be met.
Not stated here
The text does not describe any way to challenge a refusal.
Legal Rights & Agreement Rules · Restriction or exception
Referrers must follow the law and indemnify Surfshark if they do not
Each Referrer must comply with applicable law, including anti-spam and privacy laws. A Referrer who does not comply must indemnify Surfshark and the "released parties" described later in the Terms against liabilities, costs and expenses that result from the violation.
Supporting quotations
Each Referrer must nonetheless comply with applicable law, including anti-spam and privacy laws. Referrers who do not comply with the law are obligated to indemnify Surfshark and all of the released parties (as described below) against any liabilities, costs and expenses incurred as a result of such violation.
Qualifications & exceptions
The indemnity covers liabilities, costs and expenses incurred because of the violation.
"Released parties" are described in the indemnification and release clause that follows this section.
Legal Rights & Agreement Rules · Restriction or exception
Spam and misleading promotion are prohibited and can end participation or the account
Surfshark says it has a no-tolerance spam policy. Spam, bulk referrals, distributing links to strangers, using purchased or harvested referral lists and other fraudulent promotion of the program are prohibited, and so are misleading, deceptive, annoying or harassing practices around referrals or program communications. Any questionable use of the program, violation of the Terms or violation of applicable law is grounds for immediate exclusion from the program or even termination of the user's account.
Supporting quotations
Surfshark has a no-tolerance spam policy. Spam, bulk referrals, distribution to strangers, the use of purchased or harvested referral lists or other fraudulent promotion of a Program is prohibited. The Referrer should not engage in any misleading, deceptive, annoying, or harassing practices with respect to referrals or Program communications. Any attempts to use the Program in a questionable manner, violation of these Terms or applicable laws will be grounds for immediate exclusion from the Program or even termination of the user’s account.
Qualifications & exceptions
Consequences listed are immediate exclusion from the program or even termination of the user's account.
Not stated here
The text does not define "questionable manner."
Legal Rights & Agreement Rules · Permission or license
Fake accounts are barred, and Surfshark may exclude people and withhold payment in its sole discretion
Referrers may not use multiple or fake email addresses or accounts, or fictitious identities, to take part in the program or get a Reward. Surfshark may bar a Referrer from participating or receiving the Reward, in its sole discretion, if it determines they are trying to undermine the fairness, integrity or legitimate operation of the program by cheating, hacking, deception or other unfair practices, or if they violate the Terms in any way. For a breach of these Terms, the Terms of Service or the Privacy Policy, Surfshark may take appropriate measures in its sole discretion, including ending participation and suspending any payment and not paying accrued Commissions.
Supporting quotations
Referrers may not enter with multiple or fake email addresses or accounts, use fictitious identities to participate in the Program or receive the Reward.
Surfshark may prohibit the Referrer from participating in the Program or receiving the Reward, in Surfshark sole discretion, if Surfshark determines that such Referrer is attempting to undermine the fairness, integrity or legitimate operation of the Program in any way by cheating, hacking, deception, or any other unfair practices or violates these Terms in any way.
In case of a breach of these Terms, Surfshark’s Terms of Service and/or Privacy Policy, Surfshark reserves the right, in its sole discretion, to take appropriate measures, including but not limited to: 1) terminating your participation in the Program; AND 2) suspending any payment and not paying any accrued Commissions.
Qualifications & exceptions
The determination and the choice of measure are Surfshark's, in its sole discretion; the list of measures is not exhaustive ("including but not limited to").
Violating the Terms "in any way" is enough to allow exclusion; no materiality threshold is stated.
This sits beside the separate forfeiture clause, which says accrued but unpaid Commission is forfeited immediately on breach.
Not stated here
The text does not describe notice to the Referrer or any chance to respond before a measure is applied.
Cross-references
contrast (model-proposed): No Commission or Reward is owed if the Referrer is found in breach, and accrued Commission is forfeited — contrast: One clause makes suspension of payment and non-payment of accrued Commission a measure Surfshark may take in its sole discretion on breach; the other says accrued but unpaid Commission is forfeited immediately on breach and that Surfshark is not liable to pay it. They pull in different directions on whether withholding is discretionary or automatic.
Legal Rights & Agreement Rules · Context
The Privacy Policy is an integral part of these Terms
Surfshark says more information on personal data collection and processing and on privacy rights is in its Privacy Policy, and describes the Privacy Policy as an integral part of these Terms.
Supporting quotations
More information about personal data collecting and processing, your privacy rights could be found in our Privacy Policy which is an integral part of these Terms.
Qualifications & exceptions
The Privacy Policy is incorporated by reference.
Not stated here
The Privacy Policy was not supplied with this document, so its content is not analyzed here.
Legal Rights & Agreement Rules · Restriction or exception
Participants release and hold Surfshark and related parties harmless
Except where prohibited, a participant agrees to release and hold harmless Surfshark, its parent companies, affiliates and subsidiaries, their employees and anyone involved in producing, operating or administering the program from any damages, costs, expenses, claims or liabilities of any kind, including third-party claims and attorneys' fees and court costs, that arise from or relate to the participant's participation in the program or breach of these Terms.
Supporting quotations
Except where prohibited, you agree to release and hold harmless Surfshark and its respective parent companies, affiliates and subsidiaries, together with their respective employees and any person or entity associated with the production, operation or administration of the Program, from any and all damages, costs, expenses, claims or liabilities of any kind, including third–party claims, whether pending or threatened, including without limitation, attorneys’ fees and court costs, incurred by any of them arising out of or related to your participation in the program or breach of these Terms.
Qualifications & exceptions
"Except where prohibited" limits the clause to where the law allows it.
It covers both participation in the program and breach of the Terms.
Not stated here
The text does not say whether this release limits claims about Surfshark's own conduct toward the participant.
Legal Rights & Agreement Rules · Restriction or exception
No promises about the program, warranties excluded, and indirect losses not covered
Surfshark says it makes no promises or commitments about the program, such as its function, reliability, availability or ability to meet the user's needs. To the extent the law permits, it excludes all express, statutory and implied warranties. In no event will Surfshark or its affiliates be liable to the user for indirect, special, incidental, consequential or punitive damages, including lost profits or lost commissions on lost sales, arising from the program or these Terms, whether or not Surfshark was advised of the loss.
Supporting quotations
SURFSHARK DOES NOT MAKE ANY PROMISES OR COMMITMENTS ABOUT THE PROGRAM, SUCH AS THE SPECIFIC FUNCTION OF THE PROGRAM, OR ITS RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. TO THE EXTENT PERMITTED BY LAW, SURFSHARK EXCLUDES ALL WARRANTIES, EXPRESS, STATUTORY OR IMPLIED.
IN NO EVENT SHALL SURFSHARK OR ITS AFFILIATES BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING LOST PROFITS OR LOST COMMISSIONS ON LOST SALES (WHETHER OR NOT SURFSHARK HAS BEEN ADVISED OF SUCH LOSS OR DAMAGE), ARISING FROM THE PROGRAM OR THESE TERMS.
Qualifications & exceptions
The warranty exclusion applies to the extent permitted by law.
The liability exclusion covers indirect, special, incidental, consequential and punitive damages, not direct damages.
Not stated here
The text states no cap or exclusion for direct damages.
Legal Rights & Agreement Rules · Restriction or exception
Referral links are for personal, non-commercial use among people you know
Referrals may be used only for personal and non-commercial purposes and are meant for people already in the Referrer's network, such as friends, family, colleagues and clients and their networks. Links should not be published or distributed on commercial websites, any blogs or YouTube channels or videos, but only on the Referrer's personal social media where their network can see them. Mass texting, emailing or messaging people the Referrer does not know, and using automated systems or bots through any channel to distribute or share the link, are prohibited. The Restrictions section also holds the list of countries for Commission eligibility.
Supporting quotations
Referrals should only be used for personal and non-commercial purposes. The Program is meant only for referring people that are already in your network: your friends, family, colleagues, clients, and their networks. Therefore, referral links should not be published or distributed on commercial websites, any blogs or YouTube channels/videos, but only on your personal social media where your network can see the referral links.
You are prohibited from “spamming” anyone with referral invitations. This includes mass texting, emailing, or messaging people you do not know or using automated systems/bots through any channel to distribute, post, or otherwise share your referral link.
Spam, bulk referrals, distribution to strangers, the use of purchased or harvested referral lists or other fraudulent promotion of a Program is prohibited.
Additionally, Commission Reward is only applicable for the Referrers residing in the following countries:
Qualifications & exceptions
Allowed placement is limited to the Referrer's personal social media where their network can see the link.
The prohibition on bots and automated systems applies through any channel.
The same Restrictions section also contains the country list for Commission (see the country-list card).
Not stated here
The text does not say what counts as a "commercial website" or "personal social media" beyond the examples given.
Legal Rights & Agreement Rules · Restriction or exception
No paid advertising for the program, including on the Surfshark trademark
Referrers are prohibited from using pay per click or any other paid advertising, including bidding on keywords and phrases containing the "Surfshark" trademark or variations or misspellings of it on pay per click or pay per impression campaigns on search engines. They also may not use Surfshark websites as the display URL in paid media ads or direct-link or redirect to Surfshark websites.
Supporting quotations
You are prohibited from using any type of Pay per Click or any other paid advertising methods (including bidding on keywords and phrases containing the “Surfshark” trademark, or variations or misspellings of the trademarked term on Pay per Click or Pay per Impression campaigns on the search engines (Google, Yahoo, MSN, Ask, Bing or others)).
You are also not allowed to use Surfshark website(s) as display URL in paid media ads and to direct-link or redirect to the Surfshark website(s).
Qualifications & exceptions
The prohibition covers any type of paid advertising, with keyword bidding on the Surfshark trademark as an included example.
Legal Rights & Agreement Rules · Permission or license
Surfshark can change, end or pause the program, or cut off anyone's participation or Rewards, at any time
Surfshark reserves the right to change, end or pause the program in whole or in part, and to change any Referrer's or Referred Customer's ability to take part or to receive Rewards, at any time for any reason. The reasons include suspected fraud by either the Referrer or the Referred Customer, abuse or any violation of these Terms. This reaches the ability to receive Rewards, not only to take part.
Supporting quotations
Surfshark reserves the right to change, end, or pause the Program, in whole or in part, as well as any Referrer’s or Referred Customer’s ability to participate in the Program or receive Rewards at any time for any reason, including suspected fraud (including by either the Referrer and/or Referred Customer), abuse, or any violation of these Terms.
Qualifications & exceptions
"Any reason" is stated, with suspected fraud, abuse and violation of the Terms given as examples.
It applies to Referred Customers as well as Referrers.
Not stated here
The text does not say whether a Reward already earned but not yet claimed survives a change, pause or end of the program.
Cross-references
qualifies (model-proposed): Referrer chooses between Commission and a month extension, with limits — qualifies: Surfshark may change, pause or end the program, or any person's ability to receive Rewards, at any time for any reason, which limits the Reward that is described as granted after a Qualified Referral.