Program Application


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    Conversion action Online purchase with processed valid payment
    Cookie days 60 day(s)
    Commission type Percent of Sale
    Base commission 15.00%
    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!
    99Jersey is one of the largest online retailer of authentic sports merchandise. Shoppers can find their favorite players gear and unique designs from our selection of over 1,000 products, which spans all sports including Basketball, Football, Hockey and Baseball. From College gear, to movies, Olympics and more unique designs. In addition to providing the best selection, we also ensure a positive shopping experience by providing industry-leading customer support, multiple shipping options, a Jersey Assurance Program and more.
    Please see the following details-

    Affiliate Program Terms and Conditions:

    • Please do not post your code on coupon or discount websites. Your code is meant to be shared solely to your social media profile(s) and followers, or to family and friends privately. Posting discount codes coupon sites will result in immediate deactivation of your account.
    • Please do not post your code on 99Jersey ads or posts. Your code is meant to be shared solely to your social media profile(s) and followers, or to family and friends privately. Posting discount codes on ads or posts from 99Jersey will result in your code being deactivated.
    • Ambassadors whose discount codes have not been used, or do not share about 99Jersey products on any form of media (Instagram, TikTok, blog, Youtube) for six consecutive months, will as result have their account and discount code automatically deactivated.
    Ambassador Discount Codes:
    • Does not provide free shipping
    • Coupon code applies on only our online site o!

    PLEASE
    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. 

    This
    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
    Agreement.   

    1.
    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
    below.

    We
    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.

    You
    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.

    You
    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.

    You
    can update your information by emailing us at: [email protected] 

    2.
    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.

    You
    must have an Instagram account.

    You
    must have a PayPal account.

    You
    must comply with this Agreement to participate in the Program and to receive
    Commissions.

    You
    must promptly provide us with any information that we request to verify your
    compliance with this Agreement.

    You
    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.

    You
    must be kind and respectful to all other Brand Ambassadors.

    Your
    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.

    You
    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.

    You
    must not post Your Code in the comments of any posts from 99Jersey wholesale
    accounts or stores who carry our products.

    You
    must not enter into any retail stores that sell 99Jersey goods
    and share Your Code with customers.

    DO
    NOT add Your Code to coupon sites, it’s cheating! We check these sites
    frequently.

    Do
    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! 

    Your
    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,
    Refersion Terms of Use, Google Terms of Use and Privacy Policy) then, in
    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.

    3. 
    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
    USD$7.2. 

    From
    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.

    Notwithstanding
    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
    checkout process.

    We
    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.

    We
    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.

    Payments
    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.

    If
    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.

    4. 
    Taxes

    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.

    6.
    Warranties

    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. 

    We
    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
    expectations. 

    7.
    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
    Agreement. 

    8.
    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. 

    You
    can provide termination notice by emailing us at: [email protected] 

    In
    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. 

    Upon
    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
    to termination. 

    9.
    Disclaimers

    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. 

    10.
    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. 

    NEITHER
    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. 

    11.
    Indemnification

    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. 

    12.
    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

    Carrollton,
    Texas 75007 

    YOU
    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. 

    WHAT
    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. 

    ARBITRATION
    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: 

    1.      
    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;
    and

    3.       Send one copy of the
    "Demand for Arbitration" to the other party. 

    Payment
    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. 

    AUTHORITY
    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. 

    NO
    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
    not allowed.

    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. 

    SMALL
    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.

     STATUTE
    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. 

    13.
    Miscellaneous

    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.

    Nothing
    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.

    No
    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.

    This
    Agreement incorporates all of the terms and conditions of the 99Jersey Site’s Terms of Use
    including the Privacy Policy.  To the extant there is a conflict between
    the 99Jersey Site’s Terms of Use
    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).







































































































































































    If
    you have any questions, please email [email protected] or call us at (929) 333-3522.