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.
Account & Service Control · Restriction or exception
Basic criteria to take part as a Referrer or Referred Customer
Both the Referrer and the Referred Customer must be at least 18. The Referrer must have a valid Surfshark account, which can be an expired subscription, bought through Surfshark's website, the Apple App Store or the Google Play Store; the text warns that Rewards may vary if the Referrer's account came from an app store. The Referred Customer must buy a Surfshark Starter, One or One+ subscription through Surfshark's website, so people billed through an in-app purchase are not eligible.
Supporting quotations
Eligibility. Referrers and Referred Customers must meet the following criteria to participate:
Be at least 18 years old;
Referrer must have a valid Surfshark user account (expired subscription users are also eligible) purchased via our official website, the Apple App Store, or the Google Play Store. Please note that if the Referrer has Surfshark account purchased via Apple App Store and Google Play Store the Rewards may vary;
Referred Customer must purchase a Surfshark subscription (Surfshark Starter, Surfshark One or Surfshark One+) via our website (i.e., users whose subscriptions are billed as an in-app purchase are not eligible).
Qualifications & exceptions
The age requirement applies to both the Referrer and the Referred Customer.
Only the Referred Customer's purchase is limited to Surfshark's website; the Referrer's account can come from the website or either app store.
Rewards for a Referrer whose account came from an app store may vary; see the Reward cards for the month-extension limit.
Not stated here
The text does not say how Rewards may vary for an app-store Referrer beyond the month-extension exclusion stated in the Rewards list.
Account & Service Control · Restriction or exception
Individuals only; one person cannot be both sides; no outside link sources; employees excluded
Surfshark says it can decide whether a Referrer's account is valid under the stated criteria. Referral links shared to or obtained through other sources, such as third-party websites, will not be honored. The Referrer and the Referred Customer cannot be the same person, including through a different email address. The program is for individuals and cannot be used by businesses, who are pointed to Surfshark's affiliate program. Employees of Surfshark and its subsidiaries, affiliates and parent companies cannot take part. The full program dashboard is available only in the Surfshark web application.
Supporting quotations
We reserve the right to determine if the Referrer’s Surfshark user account is valid based on the mentioned criteria. Referral links shared to or obtained through other sources (for example, posting to third-party websites) will not be honored. Also, the Referred Customer and the Referrer cannot be the same person (e.g., by using a different email address). Eligibility is limited to individuals only, the Program cannot be used by businesses
Please note that the full Program dashboard is available only on Surfshark web application.
Employees of Surfshark, its subsidiaries, affiliates, and parent companies are not eligible to participate.
Qualifications & exceptions
Surfshark decides account validity; no appeal or review step is described.
A different email address does not make a Referrer and a Referred Customer separate people.
Not stated here
The text does not define which links count as "other sources" beyond the third-party website example, so that limit is not stated more precisely here.
Charges & Financial Obligations · Restriction or exception
What makes a referral a Qualified Referral
A referral only becomes a "Qualified Referral" if it meets all three conditions. The Referred Customer must be a first-time Surfshark customer who has not signed up before and is eligible to create an account. They must reach Surfshark and buy a subscription through the Referrer's referral link within thirty days of first clicking it, and the link must not have expired. They must also stay an active user and not get a refund during the thirty consecutive days after the first purchase, or during any other period in which an end user can terminate for convenience and get a full refund, as applicable at that time.
Supporting quotations
“Qualified Referral” is a referral that fulfills all conditions set below:
The Referred Customer must be a first-time customer to Surfshark (i.e., have not previously signed up for Surfshark account), and eligible to create a Surfshark account;
The Referred Customer must access and purchase Surfshark subscription through the Referrer’s referral link within thirty (30) days of first clicking the link, which is not expired;
The Referred Customer must remain an active user of our service and not refund within the thirty (30) consecutive days period following their initial purchase or any other period granting the end-user a right to terminate their agreement with Surfshark for convenience and receive a full refund, as may be applicable at that moment.
Qualifications & exceptions
All three conditions must be met; the text says "all conditions."
The refund-free period is thirty consecutive days after purchase, or a longer period if one applies at that moment that lets the user cancel for convenience and get a full refund.
Not stated here
The text does not say whether the Referrer is told when a Referred Customer's refund removes Qualified Referral status, or what happens to a Reward already given.
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.
Charges & Financial Obligations · User right or choice
Referrer chooses between Commission and a month extension, with limits
Once a Qualified Referral is completed, Surfshark says the Reward is granted to both the Referrer and the Referred Customer. The Referrer picks one Reward. One option is Commission at the rate that applied when the Referred Customer bought through the link; it is available only to Referrers in the countries listed in the Restrictions section. The other is a one-month or three-month extension of the Referrer's own subscription: one month if the Referred Customer bought a monthly plan, three months for any plan longer than a month. The extension option is not available to a Referrer whose own subscription was bought through the Apple App Store or Google Play Store. The Referrer must also actively select and claim each Reward within 24 months of the referral being confirmed or the opportunity for that referral is forfeited.
Supporting quotations
After Qualified Referral is completed, the reward (“Reward”) will be granted to both the Referrer and the Referred Customer as indicated below:
The Referrer can choose one of the following Rewards:
Commission that was applicable on the moment when the Referred Customer has purchased Surfshark subscription using the referral link. IMPORTANT: the Commission is applicable only in the countries indicated in the Restrictions section.
One or three-month extension to the Referrer’s Surfshark subscription. The extension length will depend on the Surfshark subscription plan purchased by the Referred Customer: a one-month extension will be added if a monthly Surfshark subscription plan was purchased, while a three-month extension will be added if any other Surfshark subscription plan that is longer than a one month was bought. IMPORTANT: this Reward is not applicable to the Referrers if their Surfshark subscription was purchased via Apple App Store and Google Play Store.
The Referrer can choose between receiving a Commission Reward or additional months of Surfshark service, and this selection must be made within 24 months of the particular referral being confirmed as a Qualified Referral. If the Reward is not claimed within this period, the opportunity to receive it for that specific referral will be forfeited.
To be eligible for the Commission Reward as indicated below, the Referrer must reside in one of the countries specified in the Restrictions section;
Qualifications & exceptions
The Referrer receives one Reward of their choice per Qualified Referral, either Commission or a month extension.
Commission requires the Referrer to live in a country listed in the Restrictions section.
The month extension is unavailable to Referrers whose own subscription was bought through the Apple App Store or Google Play Store.
Both the selection and the claim must happen within 24 months of the referral being confirmed as Qualified.
Not stated here
The Terms do not say how long a one- or three-month extension takes to appear on the Referrer's account.
The text calls the Reward "granted" after a Qualified Referral is completed but also requires the Referrer to claim it; it does not say how those two statements fit together.
Charges & Financial Obligations · Company commitment
Referred Customer gets a one- or three-month extension to the purchased plan
The Referred Customer receives a one-month or three-month extension to the Surfshark subscription they bought. They get one month if they bought a monthly plan and three months for any plan longer than one month.
Supporting quotations
The Referred Customer will receive one or three-month extension to the purchased Surfshark subscription. The extension length will depend on the Surfshark subscription plan purchased by the Referred Customer: a one-month extension will be added to a monthly Surfshark subscription plan, while a three-month extension will be added to any other Surfshark subscription plan that is longer than a one month.
Qualifications & exceptions
Extension length depends on the plan the Referred Customer bought: one month for a monthly plan, three months for a longer plan.
The Referred Customer must first be accepted as a Qualified Referral.
Charges & Financial Obligations · Restriction or exception
Rewards and Commission must be claimed within 24 months or are lost for that referral
The Referrer must actively select and claim a Reward for each Qualified Referral. That selection has to be made within 24 months of the referral being confirmed as Qualified, and a Reward not claimed in that period is forfeited for that referral. The Commission for a given Qualified Referral is likewise valid for 24 months from the date of the Qualified Referral, after which the Referrer can no longer claim it.
Supporting quotations
It is essential for the Referrer to actively select and claim their Reward for each Qualified Referral.
this selection must be made within 24 months of the particular referral being confirmed as a Qualified Referral. If the Reward is not claimed within this period, the opportunity to receive it for that specific referral will be forfeited.
Please note that the Commission for every particular Qualified Referral is valid for 24 months from the date of the Qualified Referral. After this period, the Referrer will no longer be able to claim the Commission for that specific Qualified Referral.
Qualifications & exceptions
The window runs per referral, not per account.
Selection and claim are both required; nothing is granted automatically to the Referrer.
Not stated here
One passage counts 24 months from the referral being "confirmed" as Qualified and the other from "the date of the Qualified Referral"; the text does not say whether these start on the same date.
Charges & Financial Obligations · Company commitment
Referred Customer receives the Reward immediately once the referral is recognized
The Referred Customer receives their Reward immediately once the referral is fully recognized as a Qualified Referral, with no claim step described for them. The Reward itself is the one- or three-month extension of the plan they bought.
Supporting quotations
As for the Referred Customer, they will receive their Reward immediately once the referral is fully recognized as a Qualified Referral.
The Referred Customer will receive one or three-month extension to the purchased Surfshark subscription.
Qualifications & exceptions
The timing depends on Surfshark recognizing the referral as a Qualified Referral, which it can refuse for any reason.
Not stated here
The text does not define when a referral is "fully recognized," beyond the Qualified Referral conditions.
Charges & Financial Obligations · Restriction or exception
The Referrer alone is responsible for reporting and paying taxes on a Reward
The Referrer is solely responsible for reporting the Reward to the responsible authorities and for paying any tax, levy or similar contribution that results from receiving the Reward, if one is needed.
Supporting quotations
The Referrer shall be solely responsible for reporting the Reward to responsible authorities and/or paying any associated tax, levy, or similar contribution that would result from the Reward payment in his/her favor based on these Terms (if needed).
Qualifications & exceptions
Responsibility applies "if needed"; the text does not say whether a Reward is taxable in any country.
Not stated here
The text does not say whether Surfshark reports Rewards to any tax authority.
Charges & Financial Obligations · Company practice
How Commission is calculated and when it can be paid out
A Referrer living in a country listed in the Restrictions section can earn Commission on each Qualified Referral. The amount is shown in the program dashboard in the Surfshark web application. It is calculated from the Commission rate in effect when the Referred Customer subscribes and is drawn from the amount the Referred Customer paid, excluding taxes. Earned Commission can be sent to the Referrer's personal PayPal account using the details given at payout, but only after the minimum Commission threshold is reached; that threshold is always shown in the dashboard. Commission is always earned in US dollars, and a purchase in another currency is converted to dollars at the exchange rate in effect at the time of purchase.
Supporting quotations
Under the Program, the Referrer residing in one of the countries specified in the Restrictions section has the opportunity to earn a commission from every Qualified Referral (“Commission”), as outlined in these Terms. The Commission amount earned by the Referrer will be displayed in the Program dashboard that can be accessed via the Surfshark web application. The Commission applicable to each Qualified Referral will be calculated based on the Commission rate in effect at the time the Referred Customer subscribes to Surfshark. Furthermore, the Commission will be derived from the amount paid by the Referred Customer, excluding any applicable taxes.
Earned Commissions can be transferred to the personal Referrer’s PayPal account, based on the details provided by the Referrer during payout process. Transfers to Referrer’s personal PayPal account will be possible only after the minimum Commission threshold amount is reached. The minimum Commission threshold will be always shown in the Program dashboard.
The Commission will always be earned in USD. Should the Referred Customer purchase a Surfshark subscription in a different currency, the Commission from that Qualified Referral will be converted to USD using the exchange rate in effect at the time of the purchase.
Commission that was applicable on the moment when the Referred Customer has purchased Surfshark subscription using the referral link.
Qualifications & exceptions
Commission requires the Referrer to live in a listed country.
Payout is only to a personal PayPal account and only after the minimum threshold is reached.
The Commission is based on the amount paid by the Referred Customer without taxes, at the rate in effect when they subscribed.
Not stated here
The Commission rate and the minimum payout threshold are not stated in these Terms; they appear in the program dashboard.
The text does not say whether Commission is paid on renewals or only on the first purchase.
Charges & Financial Obligations · Procedure
Payout timing and what to do if PayPal does not deliver
After the Referrer starts a payout, Surfshark says the funds will be sent to their PayPal account within the first 10 business days of the following calendar month. PayPal may decline the payment for reasons such as regulatory compliance, risk concerns or an email address in a given country being unable to accept transactions. A Referrer who does not receive an eligible Commission should first check the PayPal details in the Surfshark web application, then contact Surfshark support, and may also need to contact PayPal support.
Supporting quotations
After the Referrer initiates a payout, the funds will be transferred to their PayPal account within the first 10 business days of the following calendar month. Please be aware that PayPal may decline the payment for various reasons, such as regulatory compliance issues, risk concerns, or if the recipient’s email address in a specific country is unable to accept transactions. If the Referrer does not receive an eligible Commission, they should first check their PayPal payment details indicated in the Surfshark web application. If the issue persists, they should contact our support team at support@surfshark.com. If necessary, the Referrer may also need to reach out to PayPal support for further assistance.
Qualifications & exceptions
The timing is counted from the Referrer starting the payout, with the transfer in the first 10 business days of the following calendar month.
Whether PayPal accepts the payment is outside Surfshark's stated control.
Not stated here
The text does not say what happens to Commission that PayPal declines.
Charges & Financial Obligations · Restriction or exception
No Commission or Reward is owed if the Referrer is found in breach, and accrued Commission is forfeited
The Referrer agrees that Surfshark is not liable to pay any Commission or other Reward if the Referrer is found to be in breach of these Terms, Surfshark's Terms of Service or Privacy Policy. A breach results in immediate forfeiture of any accrued but unpaid Commission. This applies despite anything to the contrary elsewhere in these Terms.
Supporting quotations
Notwithstanding anything to the contrary in these Terms, the Referrer acknowledges and agrees that Surfshark shall not be liable to pay any Commission or other Reward if the Referrer is found to be in breach of these Terms, Surfshark’s Terms of Service and/or Privacy Policy. A breach of these Terms, Surfshark’s Terms of Service and/or Privacy Policy results in the immediate forfeiture of any accrued but unpaid Commission.
Qualifications & exceptions
Breach of the Terms of Service or Privacy Policy, not only these Terms, triggers this.
Forfeiture covers accrued but unpaid Commission; the text does not mention Commission already paid.
Not stated here
The text does not say who determines that the Referrer "is found to be" in breach or by what process.
Charges & Financial Obligations · Context
Surfshark may run testing campaigns with different Rewards and thresholds
The program may include testing campaigns that Surfshark uses to evaluate how well the program works and the nature and amount of the Reward. A Referrer in a testing campaign is still subject to these Terms, but the Reward and Commission, including the payout threshold, may differ. The Reward of a testing campaign is specified in the initial testing campaign offer.
Supporting quotations
Please note that the Program may include testing campaigns to help us evaluate the effectiveness of the Program, and/or the nature and amount of the Reward. If you are participating in such a testing campaign of the Program, your participation shall be subject to these Terms.
Please note that the Reward and Commission (including payout threshold) of the testing campaign may differ. The Reward of the testing campaign will be specified in the initial testing campaign offer.
Qualifications & exceptions
Differences apply only to people in a testing campaign.
Not stated here
The text does not say how a person is chosen for, or told about, a testing campaign beyond the initial offer.
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.
Linking & Identification · Company practice
Each user gets a unique referral link tied to their account
To run the program, Surfshark creates a unique referral link for each Surfshark user. That link sits in the user's Surfshark account and is associated with that specific user.
Supporting quotations
A unique referral link for the purpose of implementing and administering the Program will be created for each Surfshark user. A unique link will be placed in Surfshark’s user account and will be associated with the specific user.
Qualifications & exceptions
The stated purpose is implementing and administering the program.
Not stated here
The text does not say what else the link may be used for, or how long it is kept.
Data Access & Collection · Company practice
Data Surfshark collects to track referrals and work out Rewards
To track each user's referrals and decide and calculate Rewards, Surfshark says it will collect the date the referred user purchased a subscription, the referred user's subscription status, the Reward the referring user is entitled to (extension of months or monetary reward, and the amount), the number of friends subscribed and the total amount of money earned.
Supporting quotations
To track each user‘s referrals, determine eligibility for reward and calculate it, we will collect information about when the referred user purchased a subscription (date), what the referred user’s subscription status is, what reward the referring user is entitled to (reward type – extension of months or monetary reward and the amount of it), the number of friends subscribed, the total amount of money earned.
Qualifications & exceptions
Purpose is tracking referrals, determining eligibility and calculating Rewards.
Not stated here
The text does not say whether the referred user's name or email is part of what is collected, or how long this data is kept.
Data Access & Collection · Company practice
Personal data Surfshark collects to process payouts
To facilitate and process payouts, Surfshark says it will collect the user's personal data, such as their full name, PayPal email, country and payout currency and sum. If the user's Reward is free months, Surfshark will collect the number of free months awarded instead of payout amounts.
Supporting quotations
To facilitate and process payouts, Surfshark will collect user’s personal data such as full name, Paypal email, country, payout (currency, sum) or, if the user’s reward type is free months, the number of free months the user will be rewarded.
Qualifications & exceptions
The list is introduced with "such as," so it is not stated to be complete.
The collection is for facilitating and processing payouts.
Not stated here
The text does not say whether this data is shared with PayPal or anyone else, or how long it is kept; it points to the Privacy Policy, which was not supplied.
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.
Charges & Financial Obligations · Restriction or exception
Commission is only for Referrers living in a long list of listed countries, including the United States
The Commission Reward is only available to Referrers who live in the countries listed at the end of the Restrictions section. The list runs from Albania to Zimbabwe and includes the United States. Several earlier passages point to this list for the same condition. The Terms state this country limit only for Commission; the month-extension Reward text names no country limit.
Supporting quotations
Additionally, Commission Reward is only applicable for the Referrers residing in the following countries:
United States
To be eligible for the Commission Reward as indicated below, the Referrer must reside in one of the countries specified in the Restrictions section;
IMPORTANT: the Commission is applicable only in the countries indicated in the Restrictions section.
the Referrer residing in one of the countries specified in the Restrictions section has the opportunity to earn a commission from every Qualified Referral
Qualifications & exceptions
The list limits Commission only; the month-extension Reward wording does not mention a country list.
The Referrer's country of residence, not the Referred Customer's, is what the list is checked against.
Not stated here
The text does not say how a Referrer's country of residence is determined or what happens if it changes.
Some entries are written in a way that does not make clear whether they are one place or two (for example "Taiwan, China").
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.