Referral Program Official Rules
Effective Date: July 31, 2020
“Eligible Referrer” – is (a) a legal resident of the fifty (50) United States, the District of Columbia, and Puerto Rico, who is 18 years of age or older; or (b) a business operating in the United States. The “Eligible Referrer” must be registered for a Battle Site Zero Course or be an existing client before the “Eligible New Customer” (referee) registers for a course. Existing and former Battle Site Zero, LLC. customers cannot refer themselves.
“Eligible New Customer” – is an individual or business that (a) is not currently registered with Battle Site Zero, LLC.; and (b) signs up for and attends a Battle Site Zero, LLC in person class while this Referral Program is still active.
“Parties” – are Eligible Referrer and Battle Site Zero, LLC.
- Scope: Eligible Referrer will refer to Battle Site Zero, LLC. Eligible New Customers in exchange for a Reward.
- Referrals: The Eligible New Customer (Referee) must include the full name of the Eligible Referrer in the checkout portion of their registration. Should an Eligible New Customer be referred by more than one Eligible Referrer, only the original Eligible Referrer validated by Battle Site Zero, LLC. shall be entitled to be considered to receive all or any portion of the Reward.
Battle Site Zero, LLC. also reserves the right to disqualify and deregister any Referrer in the event that Battle Site Zero, LLC. determines that Referrer has violated any of these Rules, which determination shall be final. In the event of such disqualification or deregistration, Referrer forfeits the rights to receive, and Battle Site Zero, LLC. is not obligated to honor or pay any Rewards which vest on or after the date of such effective disqualification or deregistration.
- Reward: Reward is $50 paid when referral becomes Eligible New Customer by fully paying for and attending their registered class. If there is a preferred Reward issuance method within the Program (e.g., check or electronic funds transfer), it is the sole responsibility of the Eligible Referrer to promptly communicate the desired method of Reward issuance to firstname.lastname@example.org. If no specific election of Reward issuance method has been made, the Reward will be issued to the Eligible Referrer in the form of a check.
- Modifications. Battle Site Zero, LLC. reserves the right at any time to modify, suspend or cancel the Referral Program or the Rules at any time, without notice.
- No Other Rights. No other rights or licenses are granted to Eligible Referrer under these Referral Program Rules and the Rules do not grant Eligible Referrer any right to resell or otherwise distribute any of Battle Site Zero, LLC.’s service or product, nor any right to use any of Battle Site Zero, LLC.’ trademark, trade name, logo.
- Reserved Rights.This Agreement is non-exclusive, and shall in no way limit either Party’s right to sell directly or indirectly any product or service to any of its current or prospective clients.
- Indemnity: Eligible Referrer will defend, indemnify and hold Battle Site Zero, LLC. harmless from and against all claims, damages, liabilities, losses, expenses and costs (including reasonable fees and expenses of attorneys and other professionals) arising out of or resulting from any action by a third party against Battle Site Zero, LLC. that is based on a claim that any services performed as a result of these Rules infringe, misappropriate or violate such third party’s rights or any applicable law.
- Disclaimer of Warranty.PARTIES MAKE NO WARRANTIES AND REPRESENTATIONS TO EACH OTHER OR ANY THIRD PARTIES, AND EXPRESSLY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR OTHERWISE WITH RESPECT TO THIS AGREEMENT.
- Limitation of Liability.UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE WHATSOEVER, ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT REGARDLESS OF THE LEGAL THEORY UPON WHICH SUCH CLAIM FOR DAMAGES IS BASED, EVEN IF A PARTY HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IF SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN. IN NO EVENT SHALL EITHER PARTY’S LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNT OF THE REWARD RECEIVED FOR THE QUALIFYING TRANSACTION.
- Governing Law.This Agreement will be governed by and construed in accordance with the laws of Texas, without regard to its conflict of laws principles that would result in application of any other law.
- General: The Parties are independent contractors. This Agreement does not confer any rights upon any third party. No waiver of any condition or covenant contained in this Agreement or failure to exercise a right or remedy shall imply or constitute a waiver of the same or any other condition, covenant, right or remedy contained herein. If a competent authority declares any provision of this Agreement invalid or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect.