Midland States Bank Referral Program Terms & Conditions

Midland States Bank (“we”, “Midland” or “Company”) is offering you the opportunity to refer friends via a Referral Program (“Program”) offered on the website located at refer.midlandsb.com (the “Site”).

1. Binding Agreement

By using the Site or participating in the Program, you are agreeing to be bound by these Terms and Conditions (“Terms”). All of the Company’s decisions are final and binding.

2. Privacy

The personal information collected, processed, and used as part of the Program will be used in accordance with Company’s Privacy Statement, which is available by link on the Site. Details cannot be shared about customer accounts except to the account owner. If you are a Friend, Family Member, or Colleague who has been referred, you agree that by opening an account with the Company, the Referrer will have knowledge, just by simply receiving the referral payout, that you opened an account with the Company, and by opening an account and accepting the reward referenced in Section 5, you agree we may share this information about you with the Referrer. The Referrer or Friend can opt out of the referral program at any time.

3. How the Program Works

You must be a legal resident of the United States of America and at least 18 years old to use the Site. You must visit the Site and follow the on-screen instructions to refer friends, family members or colleagues during the Promotion Period. Subject to Section 8 below, users may refer any number of friends, family members, or colleagues during each session, but are limited to receive up to $500 total value through all of Midland’s referral programs within a calendar year. Once an individual makes a referral, he/she becomes a “Referrer” and will be provided with a unique referral link (“Personal Link”) that allows him/her to receive the benefit or reward advertised on the Site. Referred friends (“Friends”) must complete the referral as described in the referral message. If any false or misleading information is submitted, that submission will be disqualified from this promotion without notification to the Referrer. Reproduction, purchase, sale, transfer, or trade of this offer is prohibited. This is intended for use by friends and family of the Referrer. Publication of this offer on 3rd party sites is prohibited entirely, and any and all referrals after prohibited publication may not be honored for either party.

4. Restrictions

Referrers: Must be a legal resident of the United States of America and be at least 18 years old. Must have one of the following active personal checking accounts: Liv Simply, Liv Unlimited, Liv Rewarded, Totally Free Checking, Direct Interest Checking, 50+ Interest Checking, or High Yield Checking with Midland States Bank and be in good standing, who is not in default of any loan obligation to Midland States Bank and not subject to any legal or administrative order or levy. You cannot have a charged-off account balance during the promotion or at any time before the reward is paid. The referrer’s personal checking account excludes business accounts, sole proprietors, guardianships, trusts, and estates. Referrers cannot refer themselves or create multiple, fictitious or fake accounts with the Company or participate in the Program as “Friends”. No user may use the Program to violate any law, infringe or violate the rights of any third party, or otherwise act in a manner that is deemed harassing, harmful, illegal, hateful, obscene or outside the spirit and intent of the Program. In addition, you may not (i) tamper with the Program, (ii) act in an unfair or disruptive manner, or (iii) use any system, bot or other device or artifice to participate or receive any benefit in the Program. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE COMPANY RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. Due to the confidential nature, we cannot disclose any information about qualifying accounts opened by the friends you invite.

Friend Account Qualifications :In order for the “friend” account to qualify, during the Promotion Period the newly-referred natural person must open a new, active personal checking account: Totally Free Checking, Direct Interest Checking, 50+ Interest Checking, or High Yield Checking, excluding businesses, sole proprietors, guardianships, trusts, or estates, within 30 calendar days of receiving the referral link. He or she cannot be the primary account owner on an existing personal checking account at Midland States Bank during the referral program period, or be a person who has either closed a personal account at Midland States Bank within 90 calendar days. Account ownership is defined as being a primary account holder on any active personal checking account (only joint owners on a checking account can qualify, not primary owners). Must be a legal resident of the United States of America and at least 18 years old. The account must stay open and active for at least 90 calendar days and in good standing, which is not in default of any loan obligation to Midland States Bank and not subject to any legal or administrative order or levy. You cannot have a charged-off account balance during the promotion or at any time before the reward is paid. All checking accounts opened are subject to the Midland deposit agreement for the specific account. If the friend opens more than one personal checking account during the promotion period, as stated above, only the first account opened by that individual may be eligible to qualify for this promotion. Employees of Midland States Bank or any of its or their subsidiaries, affiliates or promotional agencies are not eligible to participate as the Friend.

5. Rewards

Referrers:By making a valid referral that results in a qualified new account opening during the Promotion Period, you will receive $50, which may be reported on a 1099-MISC form. The Referrer can earn a maximum of $500 in referral rewards per calendar year. If the referrer has a joint account, that account is also subject to the maximum of $500 in referral rewards per calendar year. This limit applies collectively to the joint account, regardless of whether both accountholders are making referrals. These rewards will be deposited directly into the Referrer’s account. Restrictions may apply. Rewards are subject to verification. The referrer’s checking account must remain open and active at the time of payment in order to be eligible for the reward. If the referrer no longer has a checking account with Midland States Bank by the time of payout, they will not be eligible for the reward payment. The Company may delay a reward for the purposes of investigation. The Company may also refuse to verify and process any transaction for any reason. Midland employees referring will be subject to Midland’s referral incentive plans to ensure only one payout per qualifying account, and payment for the referral will be received through regular payroll.

Friend:By opening a qualified new personal checking account: Totally Free Checking, Direct Interest Checking, 50+ Interest Checking, or High Yield Checking using the referral link within 30 calendar days of receiving it (or before the end of the Promotion Period, whichever is sooner) and satisfying all eligibility criteria, the friend will receive $50. This incentive is considered interest and will be reported on a 1099-INT form. The Friend may only receive one reward for accepting a referral. Once the Friend has opened a new checking account, they are eligible to receive rewards for referring friends to open qualified accounts. An individual is only eligible for one new account opening promotion. (This is defined as any type of cash incentive.) The $50 bonus will be deposited into the friend’s new account and the Referrer’s first active checking account opened at Midland States Bank. This deposit will occur within 30 business days of the new account qualifications being met. This will be no later than 120 days from the new account opening date, based on the 90 day account opening requirement to qualify and 30 business days for the payout. Unless otherwise stated, they are not transferable and may not be auctioned, traded, bartered or sold.

6. Liability

YOU UNDERSTAND AND AGREE THAT THE RELEASED PARTIES (DEFINED BELOW) SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). By participating in the Program, you agree to defend, indemnify, release and hold harmless the Company, Extole, Inc., as the provider of the referral service, and their respective parent companies, affiliates and subsidiaries, together with their respective employees, directors, officers, licensees, licensors, shareholders, attorneys and agents including, without limitation, their respective advertising and promotion entities and any person or entity associated with the production, operation or administration of the Program (collectively, the “Released Parties”), from any and all claims, actions, demands, damages, losses, liabilities, costs or expenses caused by, arising out of, in connection with, or related to the Program (including, without limitation, any property loss, damage, personal injury or death caused to any person(s)) and/or the awarding, receipt and/or use or misuse of any benefit in the Program. To be clear, the Released Parties shall not be liable for any technical errors or malfunctions, data theft or corruption, any printing or typographical error, or any damage to any computer system resulting from participating in, or accessing or downloading information in connection with the Program. The Released Parties shall not be liable to any users for failure to supply any advertised benefit, by reason of any acts of God, any action or request by any governmental or quasi-governmental entity (whether or not valid), or any other activity or action that is beyond any of the Released Parties’ control. TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.

7. Disclaimer of Warranties

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

8. Bulk Distribution (“Spam”)

Each Referrer is the actual sender of the emails and must comply with applicable law. Referrals must be created and distributed in a personal manner that is appropriate and customary for communications with friends, colleagues and family members. By submitting any email address as part of the Program, the Referrer represents that he/she has the appropriate permission and consent. Bulk email distribution, distribution to strangers, or any other use of the services described herein in a manner that is not promoted is expressly prohibited and may be grounds for immediate termination and further legal action. The Company has no obligation to monitor the Program or any communications; however, the Company may choose to do so and block any email messages, remove any such content, or prohibit any use of the Program. Referrers who do not comply with the law, including anti-spam laws, are obligated to indemnify the Program Entities against any liabilities, costs and expenses it incurs as a results of such spam.

9. Sign-In Credentials

Users are responsible for maintaining the confidentially of any sign-in credentials and are fully responsible for all activities that occur through the use of them. Users agree to notify the Company immediately if they suspect unauthorized access to their account. Users agree that the Company will not be liable for any loss or damage arising from unauthorized use of their credentials.

10. Right to Cancel, Modify or Terminate

We reserve the right to cancel, modify or terminate the Program at any time for any reason. We reserve the right to disqualify any User at any time from participation in the Program if he/she does not comply with any of these Terms.