|Conversion action||Online purchase with processed valid payment|
|Cookie days||60 day(s)|
|Commission type||Percent of Sale|
|Additional terms||Thank you so much for your interest in representing 99Jersey, and supporting us on the ever-expanding community! We are always looking to grow our ambassador family and create a strong community surrounding our brand. Make sure to follow us on @99.jersey to stay in the loop!|
Affiliate Program Terms and Conditions:
READ THIS ENTIRE AGREEMENT CAREFULLY.
BY SUBMITTING AN APPLICATION TO THE BRAND AMBASSADOR, YOU ARE
AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS
AGREEMENT AND THAT YOU UNEQUIVOCALLY AGREE TO BE LEGALLY BOUND EACH AND EVERY
TERM AND CONDITION.
BRAND AMBASSADOR Program Agreement (the “Agreement”) is a legally binding
contract between you (“Brand Ambassador”, “you”, or similar terms) and 99Jersey
USA Sports (“99Jersey”, “us”, “we”, or similar
terms) and applies to your participation in the 99Jersey Brand
Ambassador Program (the “Program”). Any person or entity that
participates or attempts to participate in the Program must accept this
Agreement without change. By registering for the Program, you agree to this
Description of the Program
The Program permits you to monetize your social media
user-generated content by placing on your social media profiles (“Your
Profiles”) a personalized Brand Ambassador coupon code (“Your
Code"). When our customers purchase eligible goods from www.99jersey.com (the “99Jersey Site”)
using Your Code you be eligible to receive a commission for “Qualifying
Purchases”, as further described (and subject to the limitations in) Section 3
periodically modify the terms of this Agreement. We might also choose to
replace these terms in their entirety if, for example, the Program changes,
ends, or becomes part of an existing program, including our partner
programs. If you don’t agree to the modification or replacement, you can
choose to terminate your participation in the Program. YOUR CONTINUED
PARTICIPATION IN THE PROGRAM FOLLOWING ANY CHANGES TO THIS AGREEMENT WILL
CONSTITUTE YOUR ACCEPTANCE OF THE MODIFICATIONS. IF ANY MODIFICATION IS UNACCEPTABLE
TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE YOUR PARTICIPATION IN THE PROGRAM.
and we are independent contractors, and nothing in this Agreement will create
any partnership, joint venture, agency, franchise, sales representative, or
employment relationship between you and us or our respective affiliates. You
will have no authority to make or accept any offers or representations on our
or our affiliates’ behalf.
will ensure that the information in your Program application and information
otherwise associated, including your email address, mailing address, and other
contact information, is at all times complete, accurate, and up-to-date. We may
send notifications (if any), approvals (if any), and other communications
relating to the Program and this Agreement to the email address then-currently
associated with your Program account. You will be deemed to have received all
notifications, approvals, and other communications sent to that email address,
even if the email address associated with your account is no longer current.
can update your information by emailing us at: [email protected]
Eligibility To Participate In The Program & Prohibited Activities
You must be at least 18 years of age. If you are the
parent or legal guardian of a person under the age of 18, you represent and
warrant that the minor is of legal age to participate in the Program, you are
the legal parent or guardian of the minor whose rights are covered by this
Agreement, that you have read the terms of this Agreement and consent to the
terms herein and you will not revoke your consent.
must have an Instagram account.
must have a PayPal account.
must comply with this Agreement to participate in the Program and to receive
must promptly provide us with any information that we request to verify your
compliance with this Agreement.
must clearly state the following, or any substantially similar statement (the
“Disclosure”) on Your Profiles: “As a 99Jersey
Brand Ambassador, I earn from qualifying purchases.
must be kind and respectful to all other Brand Ambassadors.
Code is for you to post solely in Your Profiles. Participation in the
Program does not grant you any rights to sell 99Jersey items at events of any kind
(ex. farmer's markets, etc.) unless you have received express written
permission by us.
must not comment with Your Code on any 99Jersey social
media posts or channels (i.e. Instagram, Twitter, Facebook, etc.), even if you
see another Brand Ambassador doing it.
must not post Your Code in the comments of any posts from 99Jersey wholesale
accounts or stores who carry our products.
must not enter into any retail stores that sell 99Jersey goods
and share Your Code with customers.
NOT add Your Code to coupon sites, it’s cheating! We check these sites
NOT share the “Refer a Friend” 50% off promotion! You don’t earn sales from it,
so it’s not worth it.
Remember that the purpose of the Program is to bring new clients
to the brand and help spread the 99Jersey movement!
breach of any of the terms of this Agreement, or any other agreement between
you and us, or in connection with the Program (e.g. the PayPal User Agreement,
addition to any other rights or remedies available to us, we reserve the right
to permanently (to the extent permitted by applicable law) withhold (and you
agree you will not be eligible to receive) any and all Commissions otherwise
payable to you under this Agreement, whether or not directly related to such violation
without notice and without prejudice to any right of 99Jersey to recover damages in excess of this amount.
Commissions on Qualifying Purchases
We will pay you a commission with a base amount of no less than
10% of the price paid by the customer and actually received by 99Jersey, before taxes and
shipping, on all Qualifying Purchases (your “Commission”). A “Qualifying
Purchase” occurs when (i) a customer uses Your Code to purchasing eligible
goods from the 99Jersey Site; (ii) the customer’s payment is successfully processed.
For example, if a customer uses Your Code to purchase a single product priced at USD$60.00 and Your Code provides
the customer with a 20% discount, then once 99Jersey receives
that customer’s payment of USD$48 ($60.00
less the 20% discount of $12), you will be eligible to receive a 15% commission in the amount of
time to time, we like to incentivize our Brand Ambassadors by offering
increased commission rates for particular periods of time. For example,
we may notify you that for a period of time all Brand Ambassadors will earn a
20% Commission on Qualifying Purchases.
the foregoing, Qualifying Purchases are disqualified and no Commission shall be
due whenever (a) they occur in connection with a violation of this Agreement,
or any other terms, conditions, specifications, statements, and policies that
we may issue from time to time that apply to the Program; (b) any purchases
that occur after termination of your Agreement; (c) any order where a
cancellation, return, or refund has been initiated; (d) any purchase by a
customer who is referred to the 99Jersey Site
through any advertisement that you purchased through participation in bidding
or auctions on keywords, search terms, or other identifiers that include the
word “99Jersey”, or “99Jersey USA Sports”, or
any other 99Jersey trademark (or
variations or misspellings of any of those words, (e) any purchase by a
customer who is referred to the 99Jersey Site
by a link that is generated or displayed on a search engine (including Google,
Yahoo, Bing, or any other search portal, sponsored advertising service, or
other search or referral service, or any site that participates in such search
engine’s network); (f) any purchase by a customer who is referred to the 99Jersey Site
by a link that sends users indirectly to the 99Jersey Site
via an intermediate site, without requiring the customer to click on a link or
take some other affirmative action on that intermediate site; (f) any purchase
by a customer, where such customer does not comply with the terms and
conditions applicable to the 99Jersey Site; or (g) any purchase that is not correctly tracked or
reported because the Your Code is not properly formatted or inserted in the 99Jersey Site’s
will use commercially reasonable efforts to accurately and comprehensively
track Qualifying Purchases for the purposes of our internal tracking, and
creating and distributing your Commissions. We may hold accrued Commissions for
a reasonable period of time following any termination of this Agreement to
ensure that the correct amount is paid.
will pay Commissions in United States Dollars via PayPal approximately 30 days
following the end of each calendar month in which they were earned. You may be
permitted to elect to receive payment in a currency other than United States
Dollars. If you choose to do so, you agree that the conversion rate will be
determined in accordance with PayPal’s operating standards. You are
solely responsible for any PayPal fees, and any and all taxes. We are not
responsible for any Commissions that are not received by you due to any
suspension or termination of your PayPal account.
made to you, as reduced by all deductions or withholdings described in the
Agreement, will constitute full payment and settlement to you of amounts
payable under the Agreement.
any excess payment has been made to you for any reason whatsoever, we reserve
the right to adjust or offset the same against any subsequent fees payable to
you under the Agreement or any other agreement between you and us.
We may deduct or withhold any taxes that we may be legally
obligated to deduct or withhold from any amounts payable to you under this
Agreement. From time to time, we may request tax information from you. If we
request tax information from you and you do not provide it to us, we reserve
the right (in addition to any other rights or remedies available to us) to hold
any amounts otherwise payable to you in connection with the Program until you
provide this information or otherwise satisfy us that you are not a person from
whom we are required to obtain tax information.
5. 99Jersey Customers
You acknowledge and agree that 99Jersey customers
do not become your customers by virtue of your participation in the Program.
You agree to not handle or address any contact with any of our customers, and,
if contacted by any of our customers for a matter relating to interaction with 99Jersey, you will state that
those customers must follow contact directions on the 99Jersey Site
to address customer service issues.
You represent, warrant, and covenant that (a) you will
participate in the Program in accordance with this Agreement, (b) your
participation in the Program, including without limitation, your creation,
maintenance, or operation of Your Profile(s) will not violate any applicable
laws, ordinances, rules, regulations, orders, licenses, permits, guidelines,
codes of practice, industry standards, self-regulatory rules, judgments,
decisions, or other requirements of any governmental authority that has
jurisdiction over you (including all such rules governing communications, data
protection, advertising, and marketing), (c) you are lawfully able to enter
into contracts, (d) you have independently evaluated the desirability of
participating in the Program and are not relying on any representation,
guarantee, or statement other than as expressly set forth in this Agreement,
(e) you will not participate in the Program if you are the subject of U.S.
sanctions or of sanctions consistent with U.S. law imposed by the governments
of the country where you are using the 99Jersey Site;
(f) you will comply with all U.S. export and re-export restrictions, and
applicable non-US export and re-export restrictions consistent with U.S. law,
that may apply to goods, software, technology and services, and (g) the
information you provide in connection with the Program is accurate and complete
at all times.
do not make any representation, warranty, or covenant regarding the amount of
traffic or Commissions you can expect at any time in connection with the
Program, and we will not be liable for any actions you undertake based on your
Identifying Yourself As A 99Jersey Brand Ambassador
Except for the Disclosure, you will not make any public
communication with respect to this Agreement or your participation in the
Program without 99Jersey’s
express prior written consent. You will not misrepresent or embellish your
relationship with us (including by expressing or implying that we support,
sponsor, or endorse you), or express or imply any affiliation between us and
you or any other person or entity except as expressly permitted by this
Term and Termination
The term of this Agreement will begin upon your submission of
the application to join the Program. Either you or we may terminate this
Agreement at any time, with or without cause (automatically and without
recourse to the courts, if permitted under applicable law), by giving the other
party written notice of termination.
can provide termination notice by emailing us at: [email protected]
addition, we may terminate this Agreement or suspend your account immediately
upon written notice to you for any of the following: (a) you have breached or
threaten to breach any part of this Agreement; (b) we believe that we may face
potential claims or liability in connection with your participation in the
Program; (c) we believe that our brand or reputation may be tarnished by you or
in connection with your participation in the Program; (d) your participation in
the Program has been used for deceptive, fraudulent or illegal activity; (e) we
believe that we are or may become subject to tax collection requirements in
connection with this Agreement or the activities performed by either party
under this Agreement; (f) we have previously terminated this Agreement with
respect to you or other persons that we determine are affiliated with you or
acting in concert with you for any reason, or (g) we have terminated the
Program as we generally make it available to participants.
any termination of this Agreement, all rights and obligations of the parties
will be extinguished, including any and all licenses granted in connection with
this Agreement, except that the rights and obligations of the parties under Sections
2, 4, 5, 6, 7, 8, 9, 10 and 11 of this Agreement will survive the termination
of this Agreement. No termination of this Agreement will absolve you of any
liability for any breach of, or liability accruing under, this Agreement prior
THE PROGRAM, THE 99JERSEY
SITE, ANY PRODUCTS AND SERVICES OFFERED ON THE 99JERSEY SITE, ANY COUPON
CODES, LINK FORMATS, CONTENT, OUR AND OUR AFFILIATES’ DOMAIN NAMES, TRADEMARKS
AND LOGOS, AND ALL TECHNOLOGY, SOFTWARE, FUNCTIONS, MATERIALS, DATA, IMAGES,
TEXT, AND OTHER INTELLECTUAL PROPERTY RIGHTS, INFORMATION AND CONTENT PROVIDED
OR USED BY OR ON BEHALF OF US OR OUR AFFILIATES OR LICENSORS IN CONNECTION WITH
THE PROGRAM (COLLECTIVELY THE “SERVICE OFFERINGS”) ARE PROVIDED “AS IS” AND “AS
AVAILABLE.” NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS MAKE ANY
REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR
OTHERWISE, WITH RESPECT TO THE SERVICE OFFERINGS. WE AND OUR AFFILIATES AND
LICENSORS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SERVICE OFFERINGS,
INCLUDING ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, SATISFACTORY
QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT AND ANY
WARRANTIES ARISING OUT OF ANY LAW, CUSTOM, COURSE OF DEALING, PERFORMANCE, OR
TRADE USAGE. WE MAY DISCONTINUE ANY SERVICE OFFERING, OR MAY CHANGE THE NATURE,
FEATURES, FUNCTIONS, SCOPE, OR OPERATION OF ANY SERVICE OFFERING, AT ANY TIME
AND FROM TIME TO TIME. NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS
WARRANT THAT THE SERVICE OFFERINGS WILL CONTINUE TO BE PROVIDED, WILL FUNCTION
AS DESCRIBED, CONSISTENTLY OR IN ANY PARTICULAR MANNER, OR WILL BE
UNINTERRUPTED, ACCURATE, ERROR FREE, OR FREE OF HARMFUL COMPONENTS. NEITHER WE
NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR (A) ANY ERRORS,
INACCURACIES, VIRUSES, MALICIOUS SOFTWARE, OR SERVICE INTERRUPTIONS, INCLUDING
POWER OUTAGES OR SYSTEM FAILURES OR (B) ANY UNAUTHORIZED ACCESS TO OR
ALTERATION OF, OR DELETION, DESTRUCTION, DAMAGE, OR LOSS OF, YOUR PROFILES OR
ANY DATA, IMAGES, TEXT, OR OTHER INFORMATION OR CONTENT. NO ADVICE OR
INFORMATION OBTAINED BY YOU FROM US OR FROM ANY OTHER PERSON OR ENTITY OR
THROUGH THE SERVICE OFFERINGS WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN
THIS AGREEMENT. FURTHER, NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL
BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN
CONNECTION WITH (X) ANY LOSS OF PROSPECTIVE PROFITS OR REVENUE, ANTICIPATED
SALES, GOODWILL, OR OTHER BENEFITS, (Y) ANY INVESTMENTS, EXPENDITURES, OR
COMMITMENTS BY YOU IN CONNECTION WITH YOUR PARTICIPATION IN THE PROGRAM, OR (Z)
ANY TERMINATION OR SUSPENSION OF YOUR PARTICIPATION IN THE PROGRAM. NOTHING IN
THIS SECTION WILL OPERATE TO EXCLUDE OR LIMIT WARRANTIES, LIABILITIES, OR
REPRESENTATIONS THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitations on Liability
99Jersey’s liability arising
out of or related to this agreement shall not exceed the amount of Commissions
actually earned by you in the period of twelve (12) months immediately
preceding the date on which you present us with a claim arising out of or
related to this agreement.
WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE LIABLE FOR INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR ANY LOSS OF REVENUE,
PROFITS, GOODWILL, USE, OR DATA ARISING IN CONNECTION WITH THE SERVICE
OFFERINGS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.
FURTHER, OUR AGGREGATE LIABILITY ARISING IN CONNECTION WITH THE SERVICE
OFFERINGS WILL NOT EXCEED THE TOTAL FEES PAID OR PAYABLE TO YOU UNDER THIS
AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE
EVENT GIVING RISE TO THE MOST RECENT CLAIM OF LIABILITY OCCURRED. YOU HEREBY
WAIVE ANY RIGHT OR REMEDY IN EQUITY, INCLUDING THE RIGHT TO SEEK SPECIFIC
PERFORMANCE, INJUNCTIVE OR OTHER EQUITABLE RELIEF IN CONNECTION WITH THIS
AGREEMENT. NOTHING IN THIS PARAGRAPH WILL OPERATE TO LIMIT LIABILITIES THAT
CANNOT BE LIMITED UNDER APPLICABLE LAW.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL HAVE
NO LIABILITY FOR ANY MATTER DIRECTLY OR INDIRECTLY RELATING TO THE CREATION,
MAINTENANCE, OR OPERATION OF YOUR PROFILES (INCLUDING YOUR USE OF ANY SERVICE
OFFERING) OR YOUR VIOLATION OF THIS AGREEMENT, AND YOU AGREE TO DEFEND,
INDEMNIFY, AND HOLD US, OUR AFFILIATES AND LICENSORS, AND OUR AND THEIR
RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AND REPRESENTATIVES,
HARMLESS FROM AND AGAINST ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, COSTS, AND
EXPENSES (INCLUDING ATTORNEYS’ FEES) RELATING TO (A) YOUR PROFILES OR ANY
MATERIALS THAT APPEAR ON YOUR PROFILES, INCLUDING THE COMBINATION OF YOUR
PROFILES OR THOSE MATERIALS WITH OTHER APPLICATIONS, CONTENT, OR PROCESSES, (B)
THE USE, DEVELOPMENT, DESIGN, MANUFACTURE, PRODUCTION, ADVERTISING, PROMOTION,
OR MARKETING OF YOUR PROFILES OR ANY MATERIALS THAT APPEAR ON OR WITHIN YOUR
PROFILES, (C) YOUR USE OF ANY SERVICE OFFERING, WHETHER OR NOT SUCH USE IS
AUTHORIZED BY OR VIOLATES THIS AGREEMENT OR APPLICABLE LAW, (D) YOUR VIOLATION
OF ANY TERM OR CONDITION OF THIS AGREEMENT, OR (E) YOUR OR YOUR EMPLOYEES' OR
CONTRACTORS’ NEGLIGENCE OR WILLFUL MISCONDUCT.
AGREEMENT TO ARBITRATE / DISPUTE RESOLUTION
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT
YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE
A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING
ARBITRATION AND A CLASS ACTION WAIVER.
YOU AND WE AGREE TO ATTEMPT TO INFORMALLY RESOLVE DISPUTES: In
the event that there is any dispute relating to this Agreement and the Program,
you and we both agree that the party alleging the dispute shall send to the
other party a written notice describing the dispute (“Notice of Dispute”).
You and we both agree that prior to initiating any claim for arbitration
or other legal proceeding, that you and we shall attempt to informally resolve
such dispute for a period of thirty (30) days following the receipt by the
non-claiming party of the Notice of Dispute.
All Notices of Dispute to 99Jersey shall
be in writing and sent by personal delivery registered or certified mail
(return receipt requested) or overnight air express (or courier shipment
outside of the U.S.) if such services actually provide proof of mailing, to:
99Jersey - Legal
1434 Patton Place #160
AND WE BOTH AGREE TO ARBITRATE: In the event that a dispute is not resolved
within the foregoing thirty (30) day period, then you and 99Jersey agree to resolve any
claims relating to this Agreement through final and binding, arbitration.
IS ARBITRATION? Arbitration is more informal than a lawsuit in court and seeks
to resolve disputes more quickly. Instead of a judge or a jury, the case will
be decided by a neutral arbitrator who has the power to award the same damages
and relief that a court can. If any provision of this Section 12 is found
unenforceable, the unenforceable provision shall be severed, and the remaining
arbitration terms shall be enforced.
PROCEDURES: The Federal Arbitration Act governs the interpretation and
enforcement of this dispute resolution provision. Arbitration shall be
initiated through JAMS. Any dispute, controversy, or claim arising out of or
relating to these Terms shall be referred to and finally determined by
arbitration in accordance with the JAMS Streamlined Arbitration Rules and
Procedures in front of one arbitrator. If there is a conflict between JAMS
Rules and the rules set forth in this Agreement, the rules set forth in this
Agreement will govern.
The JAMS Rules and instructions for how to initiate an
arbitration are available from JAMS at http://www.jamsadr.com or
1-800-352-5267. To initiate arbitration, you or 99Jersey must do the following:
Write a demand for Arbitration. The demand must include a description of the
claim and the amount of damages sought to be recovered. You can find a copy of
a "Demand for Arbitration" at www.jamsadr.com;
2. Send three copies of the
"Demand for Arbitration", plus the appropriate filing fee to your
local JAMS office or to JAMS, 401 B Street, Suite 2100, San Diego, CA 92101;
3. Send one copy of the
"Demand for Arbitration" to the other party.
of all filing, administration and arbitrator fees will be governed by the JAMS
Rules. Each party will bear their own costs of arbitration unless the
arbitrator directs that bearing such costs would be an undue burden and, in
that case, we will pay for your portion of the arbitration administrative costs
(but not your attorneys’ fees). Arbitration shall be held in the United States
in San Diego, California under California law without regard to its conflict of
laws provisions. If traveling to San Diego, California is a burden, you may
participate in the arbitration by phone or via document submission to the
fullest extent allowable by the arbitrator. The arbitration may award on an
individual basis the same damages and relief as a court (including injunctive
relief). Any judgment on the award rendered by the arbitrator may be entered in
any court of competent jurisdiction.
OF ARBITRATOR: Any dispute, claim or controversy arising out of or relating to
this Agreement or the breach, termination, enforcement, interpretation or
validity thereof, including the determination of the scope or applicability of
this agreement to arbitrate, shall be determined by arbitration in San Diego,
California before one arbitrator. The arbitration shall be administered by JAMS
pursuant to JAMS' Streamlined Arbitration Rules and Procedures. The arbitrator
shall have the authority to grant motions dispositive of all or part of any
claim. The arbitrator shall have the authority to award monetary damages and to
grant any non-monetary remedy or relief available to an individual under
applicable law, the Arbitration Rules, and this Agreement. The arbitrator shall
issue a written award and statement of decision describing the essential
findings and conclusions on which the award is based, including the calculation
of any damages awarded. The arbitrator has the same authority to award relief
on an individual basis that a judge in a court of law would have. The award of
the arbitrator is final and binding.
CLASS ACTIONS: You may only resolve disputes with us on an individual basis,
and may not bring a claim as a plaintiff or a class member in a class,
consolidated, or representative action. Class arbitrations, class actions,
private attorney general actions, and consolidation with other arbitrations are
WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR
CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF
A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved
by arbitration. Arbitration procedures are typically more limited, more
efficient and less costly than rules applicable in court and are subject to
very limited review by a court. In the event any litigation should arise
between you and 99Jersey in
any state or federal court in a suit to vacate or enforce an arbitration award
or otherwise, YOU AND WE WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing
that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN
ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS
AGREEMENT TO ARBITRATE.
CLAIMS OPTION: You and 99Jersey
agree that if a claim is within the jurisdiction of a small
claims court, either party may choose to take the claim to that court instead
of arbitration as follows: (a) The parties may take their claims to small
claims court without first filing with the JAMS. (b) After a case is filed with
JAMS, but before the arbitrator is formally appointed to the case by the JAMS,
a party can send a written notice to the opposing party and the JAMS that it
wants the case decided by a small claims court. After receiving this notice,
the JAMS will administratively close the case. (c) After the arbitrator is
appointed, if a party wants to take the case to small claims court and notifies
the opposing party and the JAMS, it is up to the arbitrator to determine if the
case should be decided in arbitration or if the arbitration case should be
closed and the dispute decided in small claims court.
CHOICE OF LAW/FORUM SELECTION: In any circumstances where
this Section 12 (Agreement to Arbitrate Disputes and Choice of Law) permits the
parties to litigate in court, this Agreement shall be governed by and construed
in accordance with the laws of the State of California, excluding its conflict
of law rules. You further expressly consent and agree to submit to the
exclusive jurisdiction and venue of a court of competent jurisdiction located
in the Southern District of California.
OF LIMITATIONS: You agree that regardless of any statute or law to the
contrary, any claim or cause of action arising out of or related to these Terms
of Use, including without limitation, access and/or use of the Site and/or
Service must be filed within one (1) year after such claim or cause of action
arose or be forever barred.
You acknowledge and agree that (a) we and our affiliates may at
any time (directly or indirectly) solicit traffic on terms that may differ from
those contained in this Agreement, (b) we and our affiliates may at any time
(directly or indirectly) operate sites or applications that are similar to or
compete with Your Profiles, (c) our failure to enforce your strict performance
of any provision of this Agreement will not constitute a waiver of our right to
subsequently enforce such provision or any other provision of this Agreement,
and (d) any determinations or updates that may be made by us, any actions that
may be taken by us, and any approvals that may be given by us under this
Agreement can be made, taken, or given in our sole discretion and are only
effective if provided in writing by our authorized representative.
You may not assign this Agreement, by operation of law or
otherwise, without our express prior written approval. Subject to that restriction,
this Agreement will be binding on, inure to the benefit of, and be enforceable
against the parties and their respective successors and assigns.
Any information relating to us or any of our affiliates
that we provide or make accessible to you in connection with the Program that
is not known to the general public or that reasonably should be considered to
be confidential is our “Confidential Information” and will remain our exclusive
property. You will use Confidential Information only to the extent reasonably
necessary for your performance under this Agreement and ensure that all persons
or entities who have access to Confidential Information in connection with your
participation will be made aware of and will comply with the obligations in
this provision. You will not disclose Confidential Information to any third
party (other than your affiliates bound by confidentiality obligations) and you
will take all reasonable measures to protect the Confidential Information
against any use or disclosure that is not expressly permitted in this
Agreement. This restriction will be in addition to the terms of any
confidentiality or non-disclosure agreement between the parties.
contained in this Agreement should be understood as granting you any rights in
and to any of our trademarks, service marks, logos, or other intellectual
property owned by us or by any third party.
delay, failure, or default by us with constitute a breach of this Agreement to
the extent caused by acts of war, terrorism, hurricanes, earthquakes, other
acts of God or of nature, strikes other labor disputes, riots or other acts of
civil disorder, embargoes, or other causes beyond our reasonable control,
including, without limitation, the interruption or discontinuance of services provided
by third parties (e.g. PayPal, Refersion, etc.) in connection with the Program.
and this Agreement, the terms of this Agreement shall control. If any portion
of this Agreement is found invalid or unenforceable, that portion may be
severed from the Agreement and shall not affect the validity of the remainder
of the Agreement. This Agreement constitutes the entire agreement and
understanding between you and us in connection with the Program, superseding
any prior or contemporaneous agreements, communications and proposals, whether
oral or written, between you and us (including, but not limited to, any prior
versions of this Agreement).
you have any questions, please email [email protected] or call us at (929) 333-3522.