TWIST BIOSCIENCE CORPORATION REFERRAL PROGRAM TERMS

Program Description: When you refer a person who is not an existing customer of Twist Bioscience Corporation (“Twist”) to join Twist, you and the person referred by you may qualify to participate in the Twist Referral Program (the “Program”), subject to certain terms and conditions outlined below. Under the Program, you and the person referred by you will receive gift cards after the referred person makes a Qualifying Purchase Order in the Twist E-Commerce Portal utilizing a Referral Code, as defined below. The person referred by you must not be part of your laboratory or a laboratory that is a Twist customer.

Definitions:

Referrer: A Referrer is someone who enters the email address of a Referred Party in the Twist E-Commerce Portal.

Referred Party: A Referred Party is a person who i) has been referred by a Referrer, ii) is not an existing customer of Twist, iii) is not an existing participant of the Referrer’s laboratory, and iv) signs up and makes a Qualifying Purchase Order on the Twist E-Commerce Portal utilizing the Referral Code, enabling the Referrer and the Referred Party to become eligible to potentially receive a Referral Reward. For clarity, a person who has previously signed up, or is an employee of a laboratory that has previously signed up, on the Twist E-Commerce Portal but has not yet made a Qualifying Purchase Order is eligible to be a Referred Party.

Program: The Twist Referral Program.

Referral Code: A Referral Code is string of characters (e.g., including numbers, letters, punctuation marks, symbols, or any combinations thereof) provided by Twist and is unique to each person participating as a Referred Party in the Program that is used to identify his/her Referrer. The Referral Code is to be input in the designated field by the Referred Party when making a Qualified Purchase Order using the Twist E-Commerce Portal.

Referral Reward: A benefit offered by Twist to the Referrer and the Referred Party upon the Referred Party ’s purchase on the Twist E-Commerce Portal utilizing the Referral Code.

Qualifying Purchase Order: A Qualifying Purchase Order is a purchase of any Twist product(s) using the Twist E-Commerce portal. There is no minimum purchase amount for a Qualifying Purchase Order.

Terms of Participation:

• You must enter the email address of Referred Party in the Twist E-Commerce Portal. Twist may thereafter email Referred Party a Referral Code to be input by the Referred Party when making a Qualifying Purchase Order on the Twist E-Commerce Portal. Twist may additionally send the Referred Party an https link to the Twist E-Commerce Portal in such email for convenience. You should enter the email addresses only of those persons with whom you have a genuine relationship.
• You should not solicit or “spam” anyone you do not personally know. You may make postings about the Program on your own social media pages or blogs, but may not make such postings on or in connection with other people’s or organization’s web sites, social media pages, channels or postings (including in any comments or replies to other people’s or organizations’ posts). Your actions must also be in full compliance with any third-party terms, including those of any social media platform. You may not run or purchase advertisements promoting the Program. Twist will determine in its sole discretion whether Referrer’s actions, including making postings about the Program, violate the provisions or spirit of these Program Terms.
• For a Referrer to receive a Referral Reward, a Referred Party must:
  1. Navigate to the Twist E-Commerce Portal and sign up or enter existing credentials;
  2. Without utilizing a different discount, place a Qualifying Purchase Order directly in the Twist E-Commerce Portal utilizing the Referral Code;
  3. Make actual and full payment;
  4. Not cancel the order; and
  5. Take delivery of the product.

  If a Referred Party cancels or otherwise fails to meet all these requirements, the Referrer will not receive a Referral Reward and, to the extent a Referral Reward has been provided by Twist, the Referrer will be required to return (or Twist may cancel) the Referral Reward.

• Referrers may only receive one Referral Reward for each Referred Party.
• Persons who are already customers (or employees of laboratories that are already customers) of Twist do not qualify as Referred Parties under the Program. Customer status will be determined by Twist in its sole discretion.
• Referrers are eligible to earn Referral Rewards as provided in the section “Current Offer” below based on the date when the Referred Party’s purchase was made.
• Referrer must make clear that he or she is compensated by Twist in any sharing or posting of the Program. For example, “If I refer you to Twist, Twist will send us both gift cards!”

Notification: Referrers are notified by email when a Referred Party uses the Referral Code at the time of purchase. Email notification will also be sent notifying Referrers when the referral award is to be awarded. Twist is not responsible for email that is blocked, lost or misplaced by the recipient, their service provider or users of the recipient’s computer and equipment, or that is otherwise undeliverable due to changes in the Referrer’s email address, blacklisting or blocking of a service provider or Referrer’s email address, or other such failures beyond Twist’s reasonable control.

Program Modification and Termination: Twist reserves the right, in its sole discretion, to modify, suspend or terminate all or part of this Program, including any rewards, reward amounts, timing of rewards, at any time without notice. Referrers and Referred Parties are solely responsible for verifying that the Program is still in effect at the time they make or participate in new referrals. Any potential rewards at the time the Program is modified, suspended or terminated will be subject to the terms and conditions in effect at the time of a Referred Party’s purchase with a Referral Code.

Abuse: If at any time Twist suspects or determines, in its sole discretion, that a Referrer or Referred Party has not complied with these Terms & Conditions or have otherwise abused the spirit or terms of this Program or violated any laws or ordinances in any way, it may, in addition to any other rights and remedies it may have against Referrer or Referred Party, immediately and without notice to Referrer or Referred Party, terminate or suspend their participation in the Program and refuse to award for referrals. Twist shall not be liable to Referrer or Referred Party or to any third party for any claim or cause of action arising out of such termination or suspension.

Taxes: Twist may be required by law to report payments to Referrers or Referred Parties to state, federal and/or local tax authorities. If it is determined that a Referrer or Referred Party has received reward payments requiring Twist to report those payments, Twist may contact the Referrer or Referred Party by email to request required tax reporting information including, but not limited to the Referrer’s or Referred Party’s social security number or other valid taxpayer ID. Failure to provide such information within 30 days will result in the payments being forfeit.

Limitation of Liabilities and Disclaimer of Warranties: While Twist will use its commercially reasonable efforts to maintain the accuracy and reliability of its website and the Program, it does not warrant or represent that the website or Program will always function or be error-free. TWIST SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, USE OF OR INABILITY TO USE THE PROGRAM, THE LOSS OF DATA OR THE RECEIPT OR USE OF ANY REWARDS AWARDED THROUGH THE PROGRAM. WITHOUT LIMITING THE FOREGOING, THE PROGRAM AND REWARDS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. Neither Twist nor any other party involved in creating, producing, maintaining or delivering the Program shall be liable for any damages to or viruses that may infect your computer equipment or other property on account of your access to or use of the website or Program.

This offer is void where prohibited by law, regulation, agency or institutional policy, or by contract, including an employment agreement. Employees of Twist, its affiliates, investors, and members of their immediate families are not eligible to participate in this Program. Government employees, including employees of the National Institute of Health or any other agency within the Department of Health and Human Services, are not eligible to participate in this Program. This offer may not be available in all countries.

This promotion is only valid for countries where Twist Bioscience is the direct supplier. This promotion excludes OFAC sanctioned and embargoed countries including Russia. Health care professionals may not participate in this promotion.
By using the promo code or having a sales representative or distributor use the promo code on your behalf, you warrant that you are not prohibited by employment, contract, law, or professional code of conduct from accepting a gift from Twist Bioscience. Offer void in where prohibited, licensed or restricted by federal, state, provincial, or local laws or regulation or agency/institutional policy. Offer cannot be combined with other discounts or promotions. Other restrictions may apply.

Current Offer: Since Jan 1st, 2019, for any purchase made by a Referred Party on the Twist E-Commerce Portal using the Referral Code, Referrer will receive $25.00 in an Amazon.com Gift Card* and Referred Party will receive $25.00 in an Amazon.com Gift Card* (*restrictions apply, see amazon.com/gc-legal). A Referral Code may only be used once by a Referred Party.