Cloud9 Training Grounds Referral Program Terms and Conditions
These are the terms and conditions (the “Terms and Conditions”) that governs Cloud9 Esports’ (“Cloud9”, or referred to herein as “our” and “we”) Training Grounds Referral Program (the “Program”) whereby eligible participants hereunder may be eligible to receive certain benefits from us in exchange for referring customers to participate in Cloud9’s Training Grounds youth program (the “Product”). Cloud9 provides the Program to eligible participants subject to the terms, conditions, and policies listed here. Participation in the Program constitutes your acceptance of all terms, conditions, policies, and notices stated in these Terms and Conditions.
1. Cloud9. This Programs is operated and administered by Cloud9. We shall conduct the Program substantially as described in these Terms and Conditions.
2. Program Eligibility. To be eligible to participate in the Program, you must meet the following requirements:
a. A legal resident of the of the United States (including the District of Columbia), at least eighteen (18) years old, or at least thirteen (13) years old with parental consent;
b. Invited to participate in the Program by Cloud9 (including by Cloud9 personnel on behalf of Cloud9);
c. Fully and comprehensively completed the Program application form provided by Cloud9 in connection with the invitation referenced above in Section 2(b) and in accordance with any instructions communicated in connection with such invitation; and
d. Accept and agree to these Terms and Conditions. For the avoidance of doubt, your satisfactory completion of the application form shall be deemed an acceptance and agreement of these Terms and Conditions.
3. Program Selection. Cloud9 shall select certain Program participants (“Advocates”) from all applications received that meet the eligibility requirements set forth above. Advocates shall be selected in the sole and absolute discretion of Cloud9. Nothing herein guarantees you will be selected to be an Advocate.
4. Program. After being selected to participate in the Program, Cloud9 shall provide Advocates with a unique code (the “Code”) which Advocates can share with prospective Training Grounds participants who have not previously registered for or purchased the Product (each a “Customer”). The Code may, in Cloud9’s sole discretion, be a referral link. A Customer’s use of the Code in connection with their purchase of the Product will notify Cloud9 of a successful referral by the applicable Advocate. All Codes distributed as a result of the Program are valid only for Product purchase made prior to December 31, 2021; for the avoidance of doubt, Codes will not result in any Discount or Commission (defined below) if used after December 31, 2021.
5. Discounts and Commission for Applicable Advocates.
a. Camp Discount for Camper Advocates. Subject to the limitation in this paragraph, for each Customer that makes a bona fide purchase of the Product using an Advocate’s Code, and provided that such Advocate is registered for the Product, said Advocate will receive a Forty Five Dollar ($45) discount off their Product registration fee, which shall be administered by Cloud9 as a refund to the account used to register that Advocate (the “Discount”). (Notwithstanding anything to the contrary, purchases that result in refunds, chargebacks, or similar cancellation(s) shall not be eligible for the Discount.) For the avoidance of doubt, the Discount will only be earned if a Customer completes registration for the Product and purchases the Product while using the Code. A Customer may only use one (1) Code per Product purchase. Each Advocate will be solely responsible for any and all tax obligations that arise as a result of earning the Discount. The total Discount(s) that any one Advocate generates may never exceed the total amount of that Advocates’ Product registration fee.
b. Commission for Non-Camper Advocates. For each Customer that makes a bona fide purchase of the Product using an Advocate’s Code, and provided that such Advocate is not registered for the Product, said Advocate will receive a Twenty Five Dollar ($25) Amazon Gift Card (the “Commission”). (Notwithstanding anything to the contrary, purchases that result in refunds, chargebacks, or similar cancellation(s) shall not be eligible for Commission.) In the event an Advocate earns Commission through the Program, Cloud9 shall deliver Advocate their Commission net thirty (30) days after the Commission is earned. The Commission shall be delivered to either the email address Advocate provided to Cloud9 in their Program application or the mailing address provided by Advocate. For the avoidance of doubt, Commission will only be earned if a Customer completes registration for the Product and purchases the Product while using the Code. A Customer may only use one (1) Code per Product purchase. Each Advocate will be solely responsible for any and all tax obligations that arise as a result of earning the Commission.
6. Code Restrictions. The Code may be used for personal and non-commercial purposes. The Code cannot be published or distributed on commercial websites (such as Reddit, Wikipedia, or coupon sites). Advocates are prohibited from spamming any potential Customers with the Code. Advocates are further prohibited from paying to advertise their Code. Advocates agree that all promotion and distribution of the Code will comply with all applicable federal, state and local laws and regulations.
7. Program Termination. Advocates can be terminated from the Program by Cloud9 at any time for any reason immediately upon written notice to Advocates. Advocates can terminate their participation in the Program at any time for any reason immediately upon written notice to Cloud9. Upon termination of their participation in the Program, Advocate’s Code will no longer function. Advocate will receive any Discount or Commission earned prior to termination.
8. Third Party Programs. The Program may include materials from third-parties. Third-party links provided as a result of the Program may direct you to third-party websites that are not affiliated with us. Cloud9 is not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of thirdparties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
9. Indemnification. You agree to indemnify, defend, and hold harmless Cloud9 and its affiliates, designees, parents, subsidiaries, employees, directors, officers, representatives and agents, from any and all claims, demands, causes of action and judgments (including attorney’s fees, court costs and expert’s fees) arising out of or relating to any breach or alleged breach by you of these Terms and Conditions (or the documents incorporated herein by reference), including any representations and warranties or your violation of any law or the rights of a third-party.
10. Disclaimer of Warranties and Limit of Liability. Cloud9 makes no representations or warranties of any kind, express or implied, regarding the Program. We do not guarantee, represent or warrant that your use of the Program will be uninterrupted, timely, secure or error-free. You agree that from time to time we may remove the Program for indefinite periods of time or cancel the Program at any time, without notice to you. IN NO CASE SHALL CLOUD9, OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR PARTICIPATION IN THE PROGRAM, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR PARTICIPATION IN THE PROGRAM, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN THE PROGRAM, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR PARTICIPATION IN THE PROGRAM OR ANY INFORMATION POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PROGRAM, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
12. Non-Disparagement. Advocates agrees that they will not, privately or publicly, disparage, or make derogatory, pejorative or offensive remarks about Cloud9, Cloud9’s Training Grounds Program, or the Program.
13. Arbitration. By participating in the Program, each Advocate agrees that should a dispute arise in any manner concerning or relating to these Terms and Conditions between the Advocate and Cloud9, including the arbitrability of this Agreement, other than injunctive relief and equitable relief, the dispute shall be submitted to and settled by binding and confidential arbitration in accordance with the rules of the American Arbitration Association in Los Angeles County, California. Parties involved in arbitration shall bear their own legal fees and costs in any arbitration and shall equally split the fees of the arbitration and the arbitrator. Any decision and findings of the arbitrator shall be final and binding on the Parties and held confidential by the Parties, and the Parties agree to execute all documents necessary to maintain such confidentiality.
14. Governing Law. These Terms and Conditions shall be governed by and construed in accordance with the laws of California.
15. General Terms. In the event that any provision of these Terms and Conditions are determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions. The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. These Terms and Conditions and any policies incorporated herein or provided in connection with your participation in the Program constitute the entire agreement and understanding between you and us with respect to the benefits to which you are entitled and govern your participation in the Program, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us. Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
Changes to the Terms and Conditions. Cloud9 reserves the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates to this page. Your continued participation in the Program following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.
Questions. Questions about these Terms and Conditions should be directed to email@example.com.