These Terms and Conditions (the “Terms and Conditions”) apply to participate in the Aptive Environmental, LLC (“Aptive”) Customer Referral Program (the “Referral Program”). Your participation, as the Referring Customer (as defined below), in the Referral Program constitutes your full and unconditional acceptance of these Terms and Conditions.
Referring Customer. In order to participate in the Referral Program you must be an existing Aptive customers who (i) has a fully executed service agreement with Aptive (a “Customer Agreement”); and (ii) is current on your payments under your Customer Agreement (the “Referring Customer”). You must refer a person interested in becoming an Aptive customer (the “Referred Customer”) for participation in the Referral Program to Aptive’s referral site offers.goaptive.com/referral50 or offers.goaptive.com/referral100 (“Referral Program Landing Page”), who must then agree to the Terms and Conditions set forth herein. Aptive reserves the right to modify, limit or restrict participation in the Referral Program to any person at any time for any reason and without notice. Referring Customer eligibility shall be determined by Aptive in its sole discretion. A Referring Customer’s time of entry into the Referral Program will be determined by Aptive in its sole discretion.
Not Eligible Parties. The following individuals and entities are not eligible to participate in the Referral Program: Aptive affiliates, including, without limitation, subsidiaries, advertising agencies, promotion agencies, fulfillment agencies, lead generation agencies, suppliers, distributors, attorneys and agents of Aptive, Aptive employees, on-site service providers acting in an equivalent capacity to employees, shareholders, officers, directors, and the immediate family members of and those living in the same household as such individuals.
Referred Customer. Each Referred Customer must (i) live within a state or territory that Aptive services; (ii) have agreed to be contacted by Aptive or one of its representatives; (iii) sign a customer agreement with Aptive; and (iv) received Aptive’s initial service (collectively, the “Eligibility Requirements”). Additional Eligibility Requirements may apply. Information about existing Aptive customers seeking additional services will not qualify as a Referred Customer.
Once the Referred Customer meets the Eligibility Requirements, a credit in the amount of $30 (“Referral Reward”), will be applied to the Referring Customer’s account. If the Referring Customer has more than one active Aptive account, the credit will be applied to only one account at Aptive’s sole discretion. Please allow up to 30 days for Referral Rewards to be applied after the Referred Customer has received his or her initial service.
Required Information. To be eligible for the Referral Program, the Referred Customer must submit his or her first name, last name, zip code, phone number, email address and the referral code provided by the Referring Customer (the “Required Information”) to Aptive via the Referral Program Landing Page. Required Information submitted by alternate channels will not be accepted. All Required Information must be accurate and sufficient such that Aptive or one of its agents may prepare a quotation for service to the Referred Customer’s home within reasonable time at Aptive’s discretion.
Timing of Submission. A Referred Customer must submit the Required Information to Aptive prior to either the date the Referred Customer first contacts Aptive or one of its channel dealers to discuss a quotation for service, or the date the Referred Customer is first contacted by a Aptive or its agents. A Referred Customer may not have been referred to Aptive previously, as reflected in Aptive’s records. If a Referred Customer is referred by multiple Referring Customers, the first Required Information Aptive receives identifying a Referring Customer, based on the date and time of the submission (as determined by Aptive in its sole discretion) shall be the only Referring Customer entitled to receive a Referral Reward.
BY PARTICIPATING IN THE REFERRAL PROGRAM, EACH REFERRING CUSTOMER AND EACH REFERRED CUSTOMER RELEASES AND AGREES TO HOLD HARMLESS APTIVE AND ALL APTIVE PARTIES FROM ANY LIABILITY WHATSOEVER FOR ANY CLAIMS, COSTS, LOSSES, OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, THOSE RELATED TO PERSONAL INJURY, DEATH, DAMAGE TO PROPERTY, INFRINGEMENT OF PROPRIETARY RIGHTS, RIGHTS OF PUBLICITY OR PRIVACY OR DEFAMATION) ARISING OUT OF OR IN CONNECTION WITH: (I) ENTERING THE REFERRAL PROGRAM; (II) ACCEPTANCE OR USE OF ANY REFERRAL REWARD; AND (III) OTHERWISE ARISING OUT OF OR RELATING TO THE REFERRAL PROGRAM.
Changes and Program Termination. Aptive reserves the right to both change these Terms and Conditions from time to time and/or to terminate the Referral Program at any time and without prior notice. As such, Referring Customers (as defined below) should check these Terms and Conditions from time to time for changes. The failure by Aptive to enforce any provision of these Terms and Conditions shall not constitute a waiver of that provision.
Aptive reserves the right to cancel the eligibility of any Referring Customer or Referred Customer who engages in any fraudulent activity or uses the Referral Program in a matter inconsistent with these Terms and Conditions, or applicable laws, statutes or ordinances. Aptive is not responsible for any incorrect or inaccurate information supplied by Referred Customers. By submitting the Required Information, a Referring Customer represents that he or she believes that the Referred Customer would benefit from receiving information about Aptive and its products and services. No “spamming” is permitted. If Aptive believes, in its sole discretion, that a Referring Customer or Referred Customer has engaged in fraudulent or illegal activity, or is “spamming” email accounts, addresses or telephone numbers, Aptive reserves the right to recover any payments made to such Referring Customer or Referred Customer. The Referral Program and these Terms and Conditions are void where any aspect of the Referral Program is prohibited, taxed or otherwise restricted by law or where registration, bonding, local judging or translation is required. The Referral Program is subject to all national, state, and local laws including applicable tax codes. Aptive shall not be liable for any failure of or delay in relation to the Referral Program for the period that such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war, strikes or labor disputes, embargoes, government orders or any other force majeure event. The section headings contained in these Terms and Conditions are for reference only and shall not in any way affect the meaning or interpretation of these Terms and Conditions.
APTIVE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING ANY REFERRAL REWARD OR ANY REFERRING CUSTOMER’S OR REFERRED CUSTOMER’S PARTICIPATION IN THE REFERRAL PROGRAM, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. ALL REFERRAL REWARDS ARE PROVIDED “AS-IS.” NEITHER APTIVE NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES (THE “APTIVE PARTIES”) SHALL BE RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE, COST, OR INJURY THAT ARISES FROM OR RELATES TO PARTICIPATION IN THE REFERRAL PROGRAM, OR USE OF ANY REFERRAL REWARD, INCLUDING BUT NOT LIMITED TO: (I) LATE, LOST, DELAYED, DAMAGED, MISDIRECTED, INCOMPLETE, OR UNINTELLIGIBLE ENTRIES; (II) TELEPHONE, ELECTRONIC, HARDWARE OR SOFTWARE PROGRAM, NETWORK, INTERNET, OR COMPUTER MALFUNCTIONS, FAILURES, VIRUSES OR DIFFICULTIES OF ANY KIND; (III) FAILED, INCOMPLETE, GARBLED, OR DELAYED COMPUTER TRANSMISSIONS; (IV) THE USE OR DOWNLOADING OF ANY SOFTWARE OR MATERIAL IN CONNECTION WITH THIS REFERRAL PROGRAM; (V) TYPOGRAPHICAL OR OTHER ERROR IN THE PRINTING OF THE REFERRAL PROGRAM, ADMINISTRATION OF THE REFERRAL PROGRAM, OR IN THE ANNOUNCEMENT OF ANY REFERRAL REWARD; (VI) ANY OTHER CONDITION THAT MAY CAUSE THE REFERRAL PROGRAM TO BE DISRUPTED OR CORRUPTED; AND (VII) ANY PERSONAL INJURY, DEATH, OR DAMAGE TO PROPERTY THAT MAY RESULT FROM RECEIPT OR USE OF A REFERRAL REWARD. APTIVE RESERVES THE RIGHT, IN ITS SOLE DISCRETION AND WITHOUT PRIOR NOTICE, TO SUSPEND OR CANCEL THE REFERRAL PROGRAM, ALTER THE RULES OR CANCEL OR SUBSTITUTE ANY OF THE REFERRAL REWARDS FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO, IF AT ANY TIME A COMPUTER VIRUS, TECHNICAL PROBLEM, OR OTHER UNFORESEEABLE OR UNCONTROLLABLE EVENT ALTERS OR CORRUPTS THE ADMINISTRATION OF THE REFERRAL PROGRAM, OR THE AWARDING OR USE OF ANY REFERRAL REWARD. IN NO EVENT SHALL APTIVE OR ANY APTIVE PARTIES BE LIABLE TO REFERRING CUSTOMER, REFERRED CUSTOMER, OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHETHER ARISING UNDER CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR ANY OTHER THEORY OF LIABILITY EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES OR CERTAIN LIMITATIONS OF LIABILITY, THEREFORE, CERTAIN OF THE FOREGOING DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU.
By participating in the Referral Program, you agree that you have read, understand and will abide, and be bound, by these Terms and Conditions. Except where prohibited, disputes, claims and cause of action arising out of or related to these Terms or the Program or a Referral Reward shall be governed in all respects in accordance with the laws of the State of Utah, without regard to its conflict of law provisions.
By participating in the Referral Program, You, the Referring Customer, agree to resolve any disputes arising from the Program or related to these Terms and Conditions through binding arbitration governed by the Federal Arbitration Act rather than any state arbitration law. The arbitration, including the selection of the arbitrator, will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “Rules”) by a single neutral arbitrator. Either party may initiate the arbitration process by filing the necessary forms with the AAA. To learn more about arbitration before the AAA, you can review materials available at www.adr.org. The arbitration shall be held in the location that is most convenient to you. If the AAA is unavailable to administer the dispute, then the arbitration, including the selection of the arbitrator, will be administered by JAMS, under its Streamlined Arbitration Rules (the “Rules”) by a single neutral arbitrator agreed on by the parties within thirty (30) days of the commencement of the arbitration. If JAMS is not available either, then the parties shall select another recognized arbitration administrator which can offer a location for arbitration that is close to you.
If you initiate the arbitration, you will be required to pay the first $125 of any filing fee. We will pay any filing fees in excess of $125 and we will pay all of the arbitration fees and costs. If we initiate the arbitration, we will pay all of the filing fees and all of the arbitration fees and costs. We will each bear all of our own respective attorney’s fees, witness fees, and costs unless the arbitrator decides otherwise.
The arbitrator shall have the authority to award any legal or equitable remedy or relief that a court could order or grant under the Terms. The arbitrator, however, is not authorized to change or alter the Terms or to make any award that would extend to any transaction other than yours. All statutes of limitation that are applicable to any dispute shall apply to any arbitration between you and Aptive. The arbitrator will issue a decision or award in writing, briefly stating the essential findings of fact and conclusions of law.
Only disputes involving you and Aptive may be addressed in the arbitration. Disputes must be brought in the name of an individual person or entity and must proceed on an individual (non-class, non-representative) basis. The arbitrator will not award relief for or against anyone who is not a party to the dispute. If you and we arbitrate a dispute, none of you or us, nor any other person, may pursue the dispute in arbitration as a class action, class arbitration, private attorney general action or other representative action, nor may any such dispute be pursued on your or our behalf in any litigation in any court except as specifically provided below. Claims regarding any dispute and remedies sought as part of a class action, class arbitration, private attorney general or other representative action are subject to arbitration only on an individual (non- class, non-representative) basis, and the arbitrator may award relief only on an individual (non-class, non-representative) basis. This means that the arbitration may not address disputes involving other persons with disputes similar to the disputes between you and us.
EVEN IF ANY PART OF THIS SECTION IS FOUND TO BE UNENFORCEABLE AS DESCRIBED ABOVE, YOU AND WE EACH AGREE TO WAIVE THE RIGHT TO A TRIAL BY JURY IN CONNECTION WITH ANY DISPUTE THAT MIGHT ARISE BETWEEN OR INVOLVING YOU AND APTIVE, AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING IN CONNECTION WITH ANY SUCH DISPUTE.
BECAUSE YOU AND WE HAVE AGREED TO ARBITRATE ALL DISPUTES EXCEPT AS SPECIFICALLY PROVIDED IN THE LAST PARAGRAPH OF THIS SECTION, YOU AND WE WILL NOT HAVE THE RIGHT TO LITIGATE THAT DISPUTE IN COURT, OR TO HAVE A JURY TRIAL ON THAT DISPUTE, OR ENGAGE IN DISCOVERY EXCEPT AS PROVIDED FOR IN THE APPLICABLE ARBITRATION RULES AS DEFINED HEREIN. FURTHER, YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS PERTAINING TO ANY DISPUTE. THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING ON THE PARTIES AND MAY BE ENTERED AND ENFORCED IN ANY COURT HAVING JURISDICTION, EXCEPT TO THE EXTENT IT IS SUBJECT TO REVIEW IN ACCORDANCE WITH APPLICABLE FEDERAL LAW GOVERNING ARBITRATION AWARDS. OTHER RIGHTS THAT YOU OR WE WOULD HAVE IN COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION.
NOTWITHSTANDING THE FOREGOING, NOTHING HEREIN CONTAINED SHALL BAR YOU OR APTIVE FROM: (I) OBTAINING INJUNCTIVE RELIEF FROM A COURT AGAINST THREATENED CONDUCT THAT COULD CAUSE IRREPARABLE HARM, LOSS OR DAMAGE, UNDER THE USUAL EQUITY RULES, INCLUDING THE APPLICABLE RULES FOR OBTAINING RESTRAINING ORDERS AND PRELIMINARY INJUNCTIONS; OR (II) OBTAINING A JUDGMENT FROM A COURT HAVING JURISDICTION CONFIRMING THE AWARD OF THE ARBITRATOR; OR (III) OBTAINING RESOLUTION OF A DISPUTE IN A SMALL CLAIMS COURT IF THE DISPUTE FALLS WITHIN THE JURISDICTION OF THE SMALL CLAIMS COURT (PROVIDED, HOWEVER, THAT NO ATTEMPT IS MADE TO TRANSFER RESOLUTION OF SUCH A DISPUTE FROM A SMALL CLAIMS COURT TO A COURT OF GENERAL JURISDICTION).