Simmons Bank Refer-A-Friend Program Terms
These Program Terms require that disputes be resolved through individual arbitration rather than jury trials or class action proceedings and limit your remedies in the event of a dispute. If you do not wish to agree to arbitration, please refer to the section entitled “Dispute Resolution by Binding Arbitration” for instructions on how to reject arbitration. These Program Terms are legally binding, limit our liability to you and require you to indemnify us. If you do not wish to be bound by these Program Terms, do not register or participate in the Program.
Participants must be United States citizens and at least 18 years of age. Rewards are subject to IRS tax reporting requirements. The Program and these Program Terms are subject to change or cancellation at any time without notice. If we make any material additions, deletions, or changes to these Program Terms, we will post the updated terms on the website used to register in and access the Program (“Program Website”) or on our website, and we may, but are not required to, notify you in writing or by electronic means, including by email or through our website. You may terminate your participation in the Program at any time. All Rewards must be earned according to the then-current Program Terms. Employees of Simmons Bank and its subsidiaries and members of their household are not eligible to participate.
TO THE EXTENT PERMITTED BY LAW, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS SIMMONS BANK, ITS AFFILIATES, LICENSORS AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS AND ASSIGNS FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, LIABILITIES, DAMAGES, JUDGMENTS, AWARDS, PENALTIES, LOSSES, COSTS, EXPENSES OR FEES (INCLUDING REASONABLE ATTORNEYS' FEES) ARISING OUT OF OR RELATING TO YOUR VIOLATION OF THESE PROGRAM TERMS, INCLUDING, BUT NOT LIMITED TO, YOUR SENDING OF TEXT MESSAGES TO AN INDIVIDUAL OR THIRD PARTY WITHOUT HIS OR HER CONSENT.
- Promotional Period: The Promotional Period begins on January 22, 2024. Unless we, in our sole discretion, select a different date on which the Promotional Period ends, the Promotional Period will end when the Program is cancelled or terminated.
- Reward Eligibility: Referrer and Referred Individual must each complete certain activities to earn a Reward:
- Referrer must:
- Register for the Program; and
- Make a referral to a Referred Individual by completing at least one of the following activities:
- Email: Provide contact information and a valid email address for each Referred Individual. Each Referred Individual will receive an email notification containing registration instructions, the requirements of the offer, and a message that both the Referrer and Referred Individual will get a Reward if the Referred Individual engages in the Qualifying Activities. Referrer authorizes the sending of communications to each Referred Individual. The email may not be delivered if the Referred Individual has opted out of marketing material from Simmons Bank or our third-party service provider; or
- Social Media or Text Message: Share your unique referral link via social media or text. The Referrer must disclose in the social media message or text message that both parties will get a Reward if the Referred Individual engages in the Qualifying Activities (“Required Disclosure”). If the Referrer does not make the Required Disclosure, then both parties may be disqualified from receiving a Reward. The Required Disclosure shall contain the same or similar language: “If you engage in Qualifying Activities, including opening a Qualifying Simmons Bank Account and meeting other requirements, then we both may be eligible for a reward from Simmons Bank. Register and view Program details here: [include your unique link]”. You agree that you will not send a text message to any individual without their express consent to do so. By sending a text message, you are representing that you have consent to send text messages to each recipient. By using the referral link, the Referred Individual agrees that the Referrer made the Required Disclosure.
- Referrer will NOT receive a reward unless the Referred Individual completes the Qualifying Activities listed in subsection b. below, using Referrer’s referral link to register for the Program.
- Referred Individual must complete the following (“Qualifying Activities”):
- Register for the Program using the referral link provided via email, text messaging, or social media, and
- within 90 days of registering for the Program, open a Qualifying Simmons Bank Account for which the Referred Individual is the primary accountholder (All account applications are subject to Simmons Bank’s approval), and
- Complete the following with respect to the newly opened Qualifying Simmons Bank Account:
- For a Qualifying Consumer Checking Account:
- Have at least 7 debit card transactions (excluding ATM and other cash withdrawal transactions) post to the account within 30 days of account opening; and
- Have at least one ACH of at least $100 deposited into the account within 60 days of account opening.
- For a Qualifying Business Checking Account, within 60 days of account opening:
- Have at least 10 transactions post to the account; and
- Have at least $2,000 in cumulative deposits made into the account.
- For a Qualifying Consumer Checking Account:
- Pending transactions that have not posted during the qualification period will not qualify.
- Eligible Accounts: Program is available for the following account types (each a “Eligible Simmons Bank Account”):
- Eligible Consumer Checking Accounts: Affordable Advantage, Classic Checking, Interest Checking, Coin Checking, Prosper Checking, Simply Checking
- Eligible Business Checking Accounts: IOLTA Business, Non-Profit Business, Simply Business 50, Simply Business 250, Simply Business 500, Treasury Management Lite, Commercial Checking
- Referrer Reward: Referrer is eligible to receive a $50 Reward for each Referred Individual who completes all Qualifying Activities during the Promotional Period. Only one Referrer may receive a Reward for each Referred Individual who completes the Qualifying Activities. In the event multiple Referrers refer the same individual, only the first referral registration completed by the Referred Individual (as reflected in our records) will be deemed completed for purposes of the Program. Due to its confidential nature, we cannot disclose any information about accounts opened by the individuals you refer.
- Referred Individual Reward: Referred Individual who completes all Qualifying Activities is eligible to receive a $50 Reward for opening a Qualifying Consumer Checking Account or a $100 Reward for opening a Qualifying Business Checking Account.
- Maximum Reward: Participants, whether acting as a Referred Individual, Referrer or both, can receive up to $500 per calendar year in Rewards. Partial Rewards will not be given. For example, if an individual has $450 of referral rewards and then completes all Qualifying Activities for a Qualifying Business Checking Account, the individual will not receive the $100 reward or any partial payment.
- Payment of Reward: The Reward will be in the form of a virtual Visa Reward Card and will be delivered to your registered Program email address within 3 weeks after completion of the Qualifying Activities. Rewards are subject to all terms and conditions delivered with the card and expire 6 months after date of issuance. Visa is a registered trademark of Visa, Inc. Visa is not a participant or sponsor of this Program. Simmons Bank reserves the right to deliver the Reward in a different form or a different manner, at its discretion. Once the Reward is delivered, no refunds or exchanges will be provided.
- Privacy and Confidentiality. By participating in the program, you acknowledge that other Program participants may become aware of your status as a Simmons Bank customer and/or your completion or noncompletion of certain activities and, to the extent permitted by law, you release Simmons Bank and its employees from all liability in this respect.
- Liability. IN NO EVENT WILL SIMMONS BANK, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE EMPLOYEES, AGENTS, OFFICERS, SHAREHOLDERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION IN THE PROGRAM, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
- Limitation on time to file claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE PROGRAM TERMS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
- Dispute Resolution by Binding Arbitration. This arbitration provision is optional. If you do not wish to accept it, you must follow the instructions in subsection 8.i. below to reject arbitration. Unless you timely reject arbitration, this arbitration provision is binding on you and us.
- Claims Subject to Arbitration: Except as specified in subsection 8.b. below, any dispute or claim between you and us must be arbitrated if either party elects arbitration of that dispute or claim. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
- claims arising out of or relating to any aspect of the relationship between you and us or the Program, whether based in contract, tort, fraud, misrepresentation, or any other statutory or common-law legal theory;
- claims that arose before this or any prior agreement (including, but not limited to, claims relating to advertising or disclosures for any of our products or services);
- claims asserted in a court of general jurisdiction against you or us, including counterclaims, cross-claims, or third-party claims, that you or we elect to arbitrate in the answer or other responsive pleading;
- claims for mental or emotional distress or injury not arising out of bodily injury;
- claims relating to the retention, protection, use, or transfer of information about you or any of your accounts for any of our products or services;
- claims relating to communications with you, regardless of sender, concerning any of our products or services, including emails and automatically dialed calls and text messages; and
- claims that may arise after the termination of these Program Terms.
- In this arbitration provision only, references to “we”, “us”, and “our” mean Simmons Bank and its parents, subsidiaries, affiliates, predecessors, successors, and assigns, as well as each of those entities’ agents and employees. In this arbitration provision only, references to “you” and “your” mean the Program Participant, all owners and authorized or unauthorized users or beneficiaries of the Program or any account owned by a Program Participant, each of those person’s assignees, heirs, trustees, agents, or other representatives, and if the Program Participant is a business, the Program Participant’s parents, subsidiaries, affiliates, predecessors, successors, assigns, and each of those entities’ agents and employees. This arbitration agreement does not preclude you or us from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against you or us on the other’s behalf. Nor does this arbitration agreement preclude either you or us from exercising self-help remedies (including setoff) and exercising such a remedy is not a waiver of the right to invoke arbitration of any dispute. You and we each waive the right to a trial by jury or to participate in a class action whenever either you or we elect arbitration. This agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of these Program Terms.
- If any claims or disputes between you and us also are subject to arbitration under the terms and conditions of an existing deposit account, the arbitration provision in those terms is controlling in the event of any inconsistency between that provision and this arbitration provision. In the event of any inconsistency between this arbitration provision and a provision in any other agreement between you and us (including the terms and conditions of a closed deposit account), this arbitration provision is controlling with respect to any claims or disputes arising out of or relating to these Program Terms or the Program.
- Claims Not Subject to Arbitration: You and we agree that the following disputes or claims cannot be arbitrated:
- claims arising from bodily injury or death;
- claims seeking only individualized relief asserted by you or us in small claims court, so long as the action remains in that court and is not removed or appealed to a court of general jurisdiction, in which case either party may elect arbitration;
- claims to collect or challenge debts owed pursuant to an extension of credit under a separate agreement or note (such as a separate loan agreement, separate promissory note, or separate bank card agreement), in which case the dispute over the debt shall be governed by the dispute-resolution procedures set forth in that separate agreement or note; and
- disputes over the scope and enforceability of this arbitration provision or whether a dispute or claim can or must be brought in arbitration.
- These exclusions from arbitration are intended to be interpreted narrowly. Excluded claims must be resolved by a court with jurisdiction.
- Pre-Arbitration Notice of Disputes: Before either you or we commence arbitration, the claimant must first send to the other a written Notice of Dispute (“Notice”). The Notice to us should be sent by certified mail to: Legal Department, Simmons Bank, P.O Box 7009, Pine Bluff, Arkansas 71611-7009 (“Notice Address”). The Notice to you will be sent to your address on file with your account or the address included with your Program registration if you did not open an account. The Notice must (a) include your name and account number (or the email address used for your Program registration if you did not open an account); (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought.
If you and we do not reach an agreement to resolve the claim within 45 days after the Notice is received, you or we may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you are entitled. If you have complied with the requirements of this subsection c. and the arbitrator awards you an amount of money that exceeds the value of our last written settlement to you before the appointment of the arbitrator, then we will pay you $500 in lieu of any smaller award.
In determining whether you are entitled to the minimum $500 recovery, the arbitrator shall not consider amounts offered or awarded for attorneys’ fees or costs. Any disputes as to recovery of the $500 minimum recovery shall be resolved by the arbitrator and must be raised within 14 days of the arbitrator’s ruling on the merits.
- Arbitration Procedure: The arbitration will be governed by the Consumer Arbitration Rules (“AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this arbitration provision, and will be administered by the AAA. (If the AAA is unavailable or unwilling to administer arbitrations consistent with this arbitration provision, another arbitration provider shall be selected by the parties or by the court.) The AAA Rules are available online at www.adr.org or by writing to the Notice Address. All issues are for the arbitrator to decide, except that the court will decide any disputes over the arbitrability of claims. The arbitrator may consider but shall not be bound by rulings in other arbitrations involving different participants. Except as provided in subsection 8.f. below, the arbitrator shall apply the same substantive law that a court would apply and can award the same individualized remedies (including punitive and statutory damages and statutory attorney’s fees and costs) that a court could award under applicable law. Unless you and we agree otherwise, any arbitration hearings will take place in the county of your address on file with your account (or the address included with your Program registration if you did not open an account). If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
- Arbitration Fees: If you complied with the notice requirements above in subsection 8.c., after we receive notice at the Notice Address that you have commenced arbitration, we will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than $10,000 in value. (The filing fee is currently $200 but is subject to change by the arbitration provider. If you are unable to pay this fee, we will pay it directly upon receiving a written request at the Notice Address.) We also will pay all other AAA filing, administration, and arbitrator fees for that arbitration. If, however, the arbitrator finds that either the substance of your claim or the relief you seek is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse us for all monies previously disbursed that are otherwise your obligation to pay under the AAA Rules. In addition, if you initiate an arbitration in which you seek relief valued at greater than $10,000 (either to you or to us), the payment of these fees will be governed by the AAA rules. We will pay all AAA filing, administration, and arbitrator fees for any arbitration we commence against you.
- Requirement of Individual Arbitration: The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate the claims of more than one person (except for the claims of co- or joint account owners pertaining to that account), and may not otherwise preside over any form of a representative, class, or private attorney general proceeding. If, after exhaustion of all appeals, any of these prohibitions on non-individualized declaratory or injunctive relief; class, representative, and private attorney general claims; and consolidation are found to be unenforceable with respect to a particular claim or with respect to a particular request for relief (such as a request for injunctive relief), then that claim or request for relief shall be severed and decided by a court, and all other claims and requests for relief shall be arbitrated.
- Future Changes to Arbitration Provision: Notwithstanding any provision in these Program Terms to the contrary, you and we agree that if we make any future change to this arbitration provision (other than a change to the Notice Address), you may reject that change by sending us written notice within 30 days of the change to the Notice Address provided above. By rejecting that future change, you are agreeing that you will arbitrate any dispute or claim between you and us in accordance with the language of this provision, as amended by any changes that you did not timely reject.
- Additional Procedures for Complex Disputes: If the actual damages sought by either you or us in an arbitration exceeds $250,000 (not counting amounts sought for punitive, statutory, treble, or emotional harm damages or for attorneys’ fees or costs), then the following additional procedures apply. First, if you are a business customer, the AAA’s Commercial Arbitration Rules rather than the Consumer Arbitration Rules shall apply and, unless you and we agree otherwise, the dispute shall be resolved by a three-arbitrator panel, with each party choosing one arbitrator from the AAA’s roster and the two party-appointed arbitrators selecting a third, who shall preside over the panel. If you are a consumer customer, the same switch to the Commercial Arbitration Rules and a three-arbitrator panel shall apply if both you and we agree. Second, regardless of whether you are a business or consumer customer, either party may appeal the final award to a three-arbitrator panel pursuant to the AAA’s Optional Appellate Rules by providing written notice within 30 days of the award. The appellant shall pay all fees and costs for the appeal unless the panel determines that the appellant is the prevailing party, in which case the panel shall have the discretion in its final award to reallocate the fees and costs as justice or otherwise applicable law requires. If there is a cross-appeal, the costs shall be borne equally by both sides, subject to reallocation by the panel in its final award as justice or otherwise applicable law requires.
- Right to Reject Arbitration Provision: If you do not wish to arbitrate, you have 30 days to reject this arbitration provision by sending a rejection notice to the Notice Address above by certified mail (“Rejection Notice”). To be valid, a Rejection Notice must: (a) include your name, account number (or the email address included with your Program registration if you did not open an account), and a statement that you are rejecting the arbitration provision in these Program Terms; and (b) be received by us within 30 days after your registration to participate in or initial participation in the Program. If your Rejection Notice complies with these requirements, this arbitration provision will not apply to you with respect to any claims that you or we commence in litigation or arbitration after we receive your Rejection Notice. Rejecting this arbitration provision will not affect your other rights or responsibilities under these Program Terms. Nor will it affect any other arbitration agreements between you and us, such as arbitration provisions in other contracts between you and us.
- Military Lending Act: If you are a covered member of the armed forces or the dependent of a covered member within the meaning of the Military Lending Act and your agreement with us involves an extension of consumer credit under that Act, then you are not required to arbitrate disputes.
- Miscellaneous: These Program Terms constitute the entire agreement between you and us with respect to the Program and supersede any prior or contemporaneous agreement or understanding, whether written or oral, between the parties with respect to the Program. If any provision of these Program Terms is found to be unenforceable according to its terms, all remaining provisions will continue in full force and effect. Each party agrees that the electronic signatures of the parties are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic signature means any electronic sound, symbol, or process attached to or logically associated with a record and executed and adopted by a party with the intent to sign such record. This Program and the rights and obligations of you and us under these Program Terms are governed by the laws of the state of Arkansas without reference to the conflict of laws provisions thereof. The Program is not sponsored, endorsed or administered by or associated with Facebook, LinkedIn, X, or Messenger.
v. 2024.1 (revised January 2024)