These Mobrium Referral Program Terms (these “Terms”) govern your participation in the Mobrium Referral Program, as more fully described below (the “Referral Program”). By submitting a Referral or otherwise participating in the Referral Program, you agree to these Terms, which are an agreement between you and Almost Five Star LLC (dba Mobrium), a Utah limited liability company (“Mobrium“). Mobrium reserves the right to amend the Terms and modify (including terminating) the Referral Program from time to time at its discretion.
You will not have the authority, expressed or implied, to make any commitment or incur any obligation(s) on behalf of Mobrium other than those expressly set forth in these Terms.
The Referral Program is offered by Mobrium and, subject to these Terms, provides Participants the opportunity to participate in making charitable donations as described below (collectively “Donations”) as part of their participation in the Referral Program. These Terms apply to all Participants, so please read carefully to understand your respective rights and obligations. The Referral Program is available to Participants located in the United States only.
To provide a Referral, a Participant must submit a form online via the Referral Portal available at HERE, by emailing firstname.lastname@example.org or by otherwise submitting a Referral to Mobrium in a manner that Mobrium deems sufficient, in its sole discretion.
For each Referral made by Participants, Mobrium shall make a charitable donation of its choosing (each, a “Donation”). Descriptions of the types of Donations that Mobrium is currently making are available at mobrium.com/giveback. Mobrium may provide Participants with notice of any Donation made as a result of their Referrals. Participants do not receive any tax benefit from any Donation.
To be eligible for participation in the Referral Program, you must (a) be located in the US, (b) agree to comply with these Terms, and (c) not be an Mobrium employee or a Mobrium channel or other business partner. Owner, operators, and employees of a business may not refer their own businesses as Referrals.
To participate in the Referral Program, Participants must not engage in any activity that could be considered harassment toward other users. Participants agree to not use the Referral Program to:
MOBRIUM WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THESE TERMS UNDER ANY CIRCUMSTANCE.
MOBRIUM MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING MOBRIUM OR ITS PRODUCTS AND SERVICES. ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED.
MOBRIUM WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THESE TERMS UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, IN NO EVENT SHALL MOBRIUM’S CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THESE TERMS, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED $100.
By participating in the Referral Program, you agree to indemnify, defend, and hold harmless Mobrium and its officers, directors, employees, consultants, affiliates, subsidiaries, and agents from and against all taxes, losses, damages, liabilities, costs, and expenses, including attorneys’ fees and other legal expenses, arising directly or indirectly from or in connection with: (a) any failure by you to comply with these Terms or any applicable laws, rules, and regulations during your participation in the Referral Program, (b) any violation or claimed violation of a third party’s rights resulting from your participation in the Referral Program; or (c) any negligence or willful misconduct arising out of your participation in the Referral Program.
Each party shall be deemed to be independent contractors with respect to the subject matter of these Terms, and nothing contained in these Terms shall be deemed or construed in any manner as creating any partnership, joint venture, employment, agency, fiduciary, or other similar relationship. These Terms shall be governed by and construed in accordance with the laws of the State of Utah, excluding its conflicts of law rules, and any dispute between the parties related to the subject matter of these Terms will be resolved by binding arbitration in the English language in Salt Lake City, UT under the rules of JAMS; the decision of the arbitrator will be enforceable in any court. These Terms represent the entire agreement between Mobrium and you, and shall supersede all prior agreements and communications of the parties, oral or written. If any provision of these Terms is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of these Terms shall have full force and effect.