Student Ambassador Agreement
(Please scroll to the end of the document and agree to terms)
Boostapal Student Ambassador Agreement
(Please scroll to the end of the document and agree to terms)
following terms and conditions constitute the binding legal agreement
(the "Agreement") between the Boostapal Ambassador Program ("BAP") or
(Referral Program), and you ("You," "Your" or “Referrer”). BAP reserves
the right to make changes to the terms and conditions of this Agreement
at any time. Your continued participation in the Referral Program after
any such modification and notification thereof shall constitute your
consent to such modification. Participation in the Referral Program is
subject to the terms of this Agreement.
1. PARTICIPATION IN BAP
a participant in the Referral Program, you agree to use BAP to promote
the Referral Program in the manner specified by these terms, thereby
acting as the Referrer. If you do not agree to the terms and conditions
contained within this Agreement in their entirety, you are not
authorized to register as a Referrer or to participate in the Referral
Program in any manner. You agree that BAP, and any third parties
assisting with processing the Referral Program may share your personal
information with one another, as necessary to conduct the Referral
Program, and that BAP may send you communications regarding the Referral
BAP will make all determinations regarding
participation in the Program. BAP reserves the right to terminate your
participation in the Referral Program or cancel the entire Referral
Program at any time for any reason or no reason, to the extent permitted
by law, upon written notice to you. Any written notices required or
permitted to be given by BAP hereunder may be delivered by email. By
participating in the Referral Program, you consent to delivery of all
Referral Program-related notices and information by email to the email
address you have registered for your Boostapal Student Account and
acknowledge that you have the necessary equipment (hardware and
software) to receive and read such emails.
2. PAYMENT AND QUALIFICATION FOR VALID REFERRALS
Referrer shall receive one $1 reward ("Reward") for each Referee to BAP
who meets all the following conditions ("Valid Referral"):
1. Referee and Referrer must reside in different households;
2. Referee registers with the Boostapal.com website as a student;
3. Referee may not have been a registered member on the Boostapal website for the last one (1) year;
4. Referee accesses the Boostapal.com website directly from Referrer's referral method (entering Invitation Code);
5. Referee has at least one Booster link to referees account with 30 days.
6. Rewards may be redeemed via paypal once a minimum of $20 is accumulated in the Ambassador's account.
***Rewards will be fulfilled within 48 hours of the Booster linking to referees account.
reserves the right to void any referral that appears to be fraudulent
or appears to have been created as a result of a fraudulent linking of
From time to time, BAP may offer limited-time
promotions which provide for increased incentive payments. They are
subject to change without notice to you by updating the information on
3. LIABILITY OF Boostapal
Boostapal expressly disclaims any and all liability associated with or arising from your use of the Boostapal website.
NO EVENT SHALL BOOSTAPAL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
DAMAGES OF ANY KIND ARISING FROM YOUR PARTICIPATION IN THE REFERRAL
PROGRAM, INCLUDING BUT NOT LIMITED TO SPECIAL, INDIRECT, INCIDENTAL,
PUNITIVE AND/OR CONSEQUENTIAL DAMAGES, EVEN IF BOOSTAPAL HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BOOSTAPAL 'S MAXIMUM
AGGREGATE LIABILITY TO REFERRER AND ANY THIRD PARTY UNDER ANY AND ALL
CIRCUMSTANCES SHALL BE THE THEN-CURRENT DOLLAR VALUE OF ONE (1) REWARD.
REFERRER RECOGNIZES AND ACKNOWLEDGES THAT THIS LIMITATION OF DAMAGES IS
FAIR AND REASONABLE.
ALL WARRANTIES, EXPRESS AND IMPLIED, ARE
DISCLAIMED (INCLUDING, WITHOUT LIMITATION, THE DISCLAIMER OF ANY
WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY
AND/OR FITNESS FOR A PARTICULAR PURPOSE). BOOSTAPAL MAKES NO
REPRESENTATION OR WARRANTY WITH RESPECT TO ANY RESULTS OBTAINABLE
THROUGH THE REFERRAL PROGRAM.
YOU EXPRESSLY AGREE THAT YOUR
PARTICIPATION IN THE PROGRAM IS AT YOUR OWN RISK. THE PROGRAM IS MADE
AVAILABLE TO YOU ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED. NEITHER BAP, ITS PARENT NOR ANY OF THEIR RESPECTIVE
AFFILIATES, THROUGH THESE PROGRAM TERMS, MAKES ANY WARRANTY REGARDING
THE PROGRAM, AND EACH EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE.
4. EXPIRATION AND DELIVERY OF REWARDS
that are not redeemed will expire after one (1) calendar year from the
date when they were earned. The Referral Program cannot be used for
business gifting purposes or lead generation, or for any other
commercial purpose, other than previously approved by Boostapal or as
determined by Boostapal in its sole and absolute discretion. Boostapal
does not guarantee delivery time on any rewards earned, nor does it
guarantee receipt of any rewards.
5. BULK EMAIL DISTRIBUTION
a Referring Customer provides a unique referral invitation code to
another person by email, the email must be created and distributed in a
personal manner that is appropriate and customary for communications
with friends, family members, or persons with whom Referring Customer
has a prior relationship. Bulk email distribution, distribution to
strangers, or any other promotion of a Personal Link in a manner that
would constitute or appear to constitute unsolicited commercial email or
"spam" under any applicable law or regulation is expressly prohibited
and will be grounds for immediate termination of the Referring
Customer's account and deactivation of the unique referral link.
6. OTHER TERMS AND CONDITIONS
Membership in the Program is limited to individuals who are 17 years of age or older.
reserves the right to amend or terminate the Referral Program at any
time without notice. Boostapal expressly reserves the right to close the
account(s) of any Referring Customer and/or friend, and to request
proper payment if the Referrer and/or friend attempts to use the
Referral Program in a questionable manner or referral invitation code in
breach of these Terms and Conditions or in violation of any law,
statute or governmental regulation.
BAP will provide you with
account access which you may use to track your referrals and payment
determinations with respect thereto; provided, that your use of the
Program is strictly subject to the Referral Program Terms. BAP will
update the Referral Program with your account information periodically.
BAP is not obligated to, and will not, release to you the reasons why a
particular Referee has not been deemed a qualified Referee.
complies with the federal CAN-SPAM Act and honors requests of consumers
and customers who choose to opt out of receiving BAP marketing emails.
Accordingly, if you designate a referral email address that has
previously opted out of receiving BAP marketing emails, you will be
advised that the email address is not eligible in the Referral Program..
participation in the Program does not authorize you to act on BAP’s,
its parent's or their respective affiliates' behalf. Nothing herein is
intended or will be construed to constitute or imply a joint venture,
employer-employee relationship, partnership or association between you
and Boostapal, its parent or their respective affiliates. By
participating in the Referral Program, you acknowledge that you do so at
your own risk and as an independent contractor and that Boostapal is
not directing how you perform your obligations hereunder.
may not participate in the Referral Program where doing so would be
prohibited by any applicable law, statute or regulations. All
information collected from a user in the Referral Program shall be
These Program Terms are
in addition to and do not in any way limit or alter the terms of
services you agreed to upon registering as a Student with Boostapal.
Acceptance and Jurisdiction
participating in the Program, you agree that you have read, understand
and will abide, and be bound, by these Referral Program Terms. These
Referral Program Terms shall be governed in all respects in accordance
with the laws of the State of Texas without regard to the conflict or
choice of law rules thereof. The federal and state courts located in
Tarrant County, Fort Worth, Texas shall have exclusive jurisdiction over
any dispute arising hereunder and by participating in the Program you
consent to same.
You may not assign the right to
participate in the Referral Program to any other party. BAP may assign
these Program Terms or assign or delegate any of its rights or
responsibilities hereunder to independent contractors or other third
parties. BAP shall not be deemed to have waived any of its rights or
remedies hereunder unless such waiver is in writing and executed by an
authorized representative of BAP. No delay or omission by BAP in
exercising any rights or remedies shall operate as a waiver of such
rights or remedies or any other rights or remedies. A waiver on one
occasion shall not be construed as a bar or waiver of any rights or
remedies on future occasions.
Any failure to comply with this
Program Agreement, any fraud or abuse relating to the accrual or receipt
of rewards, or any misrepresentation of any information furnished to
BAP or its affiliates by you or anyone acting on your behalf may result
in the termination of your membership in the Program and forfeiture of
your accrued rewards.
It is your responsibility to check your
account regularly to ensure that Rewards have been properly credited and
paid and that your account balance is accurate. If you do not believe
that Rewards have been correctly credited to your account you must
contact BAP within 90 days of the transaction. Should you disagree with
any adjustments made to your account or payments made to you, your sole
remedy is to withdraw from the Program.
You may be taxed on your
receipt of Rewards and other consideration (merchandise, travel, etc.)
for referrals, depending on the tax laws of federal, state, and local
jurisdictions. BAP may choose to provide you with those notices to you
on occasion. In all instances, you will be solely responsible for any
and all tax liability arising out of the consideration received for
BAP does not warrant, guarantee, or make any
representations regarding the quality or accuracy of advertisements for
any products or services offered or provided by the BAP store in
conjunction with the Program. In addition, BAP does not warrant that
access to this site or use of its Applications will be uninterrupted or
error-free, and BAP assumes no responsibility for any damage caused by
your access or inability to access Boostapal.com.
to indemnify and hold BAP, its parents, subsidiaries, affiliates,
officers, directors and employees, harmless from any claim or demand,
including reasonable attorney's fees, made by any party due to or
arising out of Member's use of the Program.
BAP may modify this
Agreement from time to time, with or without notice, and your continued
participation in the Program after such modification shall be deemed to
be your acceptance of any such modification. It is your responsibility
to check the Terms & Conditions page of the BAP Web site regularly
to determine whether this Agreement has been modified. If you do not
agree to any modification of this Agreement, you must immediately cease
participation in the Program.
If any provision of this Agreement
is found invalid or unenforceable, that provision shall be enforced to
the maximum extent possible, and the other provisions contained herein
will remain in full force and effect. BAP's failure to insist upon or
enforce strict performance of any provision of the Agreement shall not
be construed as a waiver of any provision or right. This Agreement
constitutes the entire agreement between you and BAP with respect to the
Except for claims for injunctive or equitable
relief or claims regarding
intellectual property rights (which may be brought in any competent
court without the posting of a bond), any dispute arising under this
Agreement shall be finally settled on an individual basis in accordance
with the Comprehensive Arbitration Rules of the Judicial Arbitration and
Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in
accordance with such Rules. The arbitration shall take place in Fort
Worth, Texas, in the English language and the arbitral decision
may be enforced in any court. The prevailing party in any action or
proceeding to enforce this Agreement shall be entitled to costs and