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Boosted Referral Program Terms and Conditions

This Boosted Referral Program Agreement (the “Agreement”) is made by and between Boosted, Inc., a Delaware, USA corporation (“Boosted”), and you, as a Referrer utilizing the Boosted Referral Program (“You”, “Your”, “Referrer”).

You must agree to abide by the terms and conditions contained in this Agreement in order to participate. Please read this Agreement carefully before using the Boosted Referral Program (“Program”)  as a Referrer. By using the Program, you indicate Your acceptance of this Agreement and its terms and conditions. If You do not accept this Agreement, do not use the Program as a Referrer.

The following agreement is summarized as follows:

DEFINITIONS

“Referrer” means an individual who signs up for the Boosted Board Pre-Sale (“Pre-Sale”) and is generating their own traffic to the Pre-Sale and thus rewarded for a legitimate sale using their individual Program Link supplied by Boosted.

“Boosted Board Pre-Sale” means the promotion on Boosted’s website to order a Board in advance of shipment date by reserving for $100 USD.

“Referree” means an individual who reserves a Board through the Boosted Board Pre-Sale using a Link provided by a Referrer. Each Referrer is entitled to a maximum of 15 Referrees.

“Referral Reward” means the $100 Visa Gift Card payout Boosted agrees to pay the Referrer for a successful sale of a Board bought by a Referee. The referral reward will occur no less than 30 days after the receipt of the Referee’s Board.

“Link” means the individual Referrer’s link supplied by Boosted that can be shared to Referree’s. The Link can be placed on a Referrer’s site, personal social media accounts or non-spam emails that, when clicked on, sends a Referree through to Boosted’s website. Links take many forms including text, hyperlink, or buttons.

“VOID” means a reversal of a Referral Reward previously earned for a sale that is later rescinded or corrected by Boosted. Boosted may VOID transactions that are fraudulent, or in the case of returned merchandise, duplicate transactions, or other valid reasons.

LINK PLACEMENT

As an referrer of the program, you may place and remove Links on Your site and in acceptable locations.

REFERRER PAYMENT

You will receive a Referral Reward for sending Boosted authorized sales via Your Link. In order to place a Link, You must first reserve a Board using the Boosted Board Pre-Sale. You understand that the Payout amount may be changed at any time. In order to qualify for a Referral Reward., a Referrer must have purchased and not returned his or her board for at least 30 days. You will receive the Referral Reward from Boosted within 30 days after the later of (a) the date that the Referree receives the Board or (b) the date on which you have purchased and not returned your Board for at least 30 days.

PROGRAM AND SUPPORT

Boosted will provide support for the program as indicated on the Boosted Web site, boostedboards.com.

EMAIL CONTACT

Boosted reserves the right to send e-mail to You for the purposes of informing you of applicable changes or additions to the program or any Boosted related products and programs.

CHANGES TO THE PROGRAM

Boosted reserves the right to change, modify, add or remove portions of this Agreement at any time and may add to, change, suspend or discontinue any aspect of the Program  at any time. In the event of any material change, Boosted  will notify You via e-mail, newsletter or the Boosted Web site at least 7 days prior to any such changes taking effect, at which time You may either agree to such changes or withdraw from the Program.

THE FOLLOWING TYPES OF SITES ARE NOT ALLOWED TO PARTICIPATE IN the Boosted Program: ADULT SITES, SITES THAT DISPLAY ADULT BANNERS, SITES THAT PROMOTE VIOLENCE, BIGOTRY, OR HATRED. SITES THAT PROMOTE ILLEGAL ACTIVITY, including but not limited to WAREZ, CRACKING, and HACKING SITES.

ACCEPTED USE

You represent to Boosted that all content You provide to the Program is solely owned by You or provided by You with the express authority of Boosted, does not infringe upon any other individual’s or organization’s rights (including, without limitation, intellectual property rights) and is not defamatory, libelous, unlawful or otherwise objectionable. You shall not provide, promote, distribute, place or otherwise publish as a Referrer of the Program any content, or Web site that includes content, which is libelous, defamatory, obscene, pornographic, abusive, fraudulent or violates any law. As Boosted may not review all information provided by You, You shall remain solely responsible for Your content and Web site. As a Referrer, You may not artificially inflate traffic counts to Boosted’s site using any device, program, robot or other means, including but not limited to JavaScript pop-up windows and redirects.

Links may not be placed in newsgroups, unsolicited e-mail, ICQ, banner networks, counters, chatrooms or guestbooks. Any Link placed must be done in such a way that it is not misleading to any Referree and done with the intention of delivering valid sales, leads, or clicks to Boosted for that Link.

Boosted RESERVES THE RIGHT TO DEEM ANY SITE INAPPROPRIATE AND TERMINATE THE SITE AS A MEMBER OF the Program. If You are terminated from the Program, Boosted has the right to withhold Referral Reward You earned within the Program and You will not be allowed to rejoin the Program.

LIMITED WARRANTY

The Program, its operation, its use and the results of such use shall be performed in a workmanlike manner. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Boosted DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO THE PROGRAM, ITS USE AND THE RESULTS OF SUCH USE. WITHOUT LIMITING THE FOREGOING, Boosted SPECIFICALLY DISCLAIMS ANY WARRANTY (A) THAT THE program WILL BE UNINTERRUPTED OR ERROR-FREE, (B) THAT DEFECTS WILL BE CORRECTED, (C) THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS, (D) THAT THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT, OR (E) REGARDING CORRECTNESS, ACCURACY, OR RELIABILITY. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. Boosted  will make reasonable commercial efforts to keep its transaction program operational during normal business hours. However, certain technical difficulties may, from time to time, result in temporary program interruptions. Referrer understands and acknowledges that it is normal to have a certain amount of system downtime and further agrees not to hold Boosted liable for any of the consequences of such interruptions. BOOSTED SHALL HAVE NO LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF ANY WEB SITE OF REFERRER OR REFERREE DATA FILES OR SYSTEMS OR PROGRAMS THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES. BOOSTED SHALL HAVE NO LIABILITY WITH RESPECT TO BOOSTED OBLIGATIONS HEREUNDER OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF BOOSTED HAS BEEN NOTIFIED OF SUCH DAMAGES. ANY LIABILITY OF BOOSTED HEREUNDER SHALL BE LIMITED TO THE REVENUE EARNED BY BOOSTED AS A DIRECT RESULT OF THIS AGREEMENT.

LIMITATION OF LIABILITY

Boosted OR ITS SUPPLIERS OR RESELLERS OR MERCHANTS SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR (I) ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER ARISING OUT OF THE USE OF OR INABILITY TO USE THE BOOSTED PROGRAM OR ANY INFORMATION PROVIDED ON THE Boosted WEB SITE OR ANY OTHER HYPERLINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, EVEN IF Boosted OR A Boosted AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WEB SITE OR ANY HYPERLINKED WEB SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, Boosted’s LIABILITY IS LIMITED TO THE SMALLEST AMOUNT PERMITTED BY LAW. THIS PARAGRAPH WILL SURVIVE THE FAILURE OF ANY EXCLUSIVE OR LIMITED REMEDY.

You agree that Boosted, although the provider of the Program, has no responsibility or liability as a result of Your placement of authorized Links from Your Web site, and You, and the Referrer, jointly and severally agree to indemnify, defend, and hold harmless Boosted and its Referrers, Referrees, referrers, officers, directors, employees and agents from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorneys’ fees) directly or indirectly arising from or relating to any offer or any other matter related to this Agreement or the subject matter hereof and any dispute relating thereto.

Boosted agrees to indemnify, defend, and hold harmless Referrer and its Referrees, referrers, officers, directors, employees and agents from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorneys’ fees) directly or indirectly arising from or relating to Boosted’s negligence or willful misconduct in performance of the Programs or its breach of this Agreement.

NON-DISCLOSURE

Boosted acknowledges that in the course of this Agreement it shall have access to confidential and proprietary information (“Confidential Information”) of Your company. Boosted agrees not to disclose or disseminate the Confidential Information without Your prior express written consent. The term “Confidential Information” shall not include information that is or becomes part of the public domain through no action or omission of Boosted, that becomes available to Boosted from third parties without knowledge by Boosted of any breach of fiduciary duty, or that Boosted had in its possession prior to the date of this Agreement. Boosted does not collect information about a Referrer’s customer transactions, other than what is passed to us through the installed tracking code and displayed on Your own transaction reports. Any information we receive is used solely for tracking and Referral Reward payment purposes. Boosted reserves the right to be able to utilize this data in aggregate to analyze Program trends, monitor Program efficiencies, and perform such other analysis as Boosted deems appropriate.

REPRESENTATIONS

Boosted makes no representations whatsoever about any other Web site which You may access through the Program. In addition, a link to a non-Boosted Web site does not mean that Boosted endorses or accepts any responsibility for the content or the use of such Web site.

NONASSIGNABILITY

Referrer or Boosted may assign this Agreement to any successor or Referrer upon notice to the other party and mutual agreement between both parties.

FORCE MAJEURE

Neither party shall be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes or any other cause which is beyond the reasonable control of such party.

JURISDICTIONAL ISSUES

This Agreement shall be governed by Delaware, USA law (except for conflict of law provisions). The exclusive forum for any actions brought in connection with this Agreement shall be in the state and federal courts in and for the State of Delaware, USA and You consent to such jurisdiction. The application of the United Nations Convention on the International Sale of Goods is expressly excluded.

MISCELLANEOUS

This Agreement represents the complete agreement concerning this license and may be amended only by a writing executed by both parties. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN, AND NOT THOSE IN YOUR PURCHASE ORDER. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable.