Lawn Doctor, Inc. Spread the Green Program
Terms and Conditions
PLEASE READ THE FOLLOWING LAWN DOCTOR, INC. SPREAD THE GREEN PROGRAM TERMS AND CONDITIONS ("PROGRAM TERMS") CAREFULLY BEFORE PARTICIPATING IN LAWN DOCTOR, INC. ("COMPANY") PROGRAM (THE "PROGRAM"). PARTICIPATION IN THE PROGRAM CONSTITUTES YOUR ACCEPTANCE OF ALL PROGRAM TERMS
Existing customers of COMPANY whose accounts are in good standing and who are validly enrolled in and using the COMPANY Share the Green program are eligible to participate in the Program. COMPANY will compensate you through a gift card based on qualified referrals that you provide to COMPANY and who become active COMPANY customers, as further specified below.
Participant Acceptance; Termination
COMPANY will make all determinations regarding participation in the Program. COMPANY reserves the right to terminate your participation in the Program or cancel the entire 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 COMPANY hereunder may be delivered by email. By participating in the Program, you consent to delivery of all Program-related notices and information by email to the email address you have registered for the COMPANY Spread the Green program and acknowledge that you have the necessary equipment (hardware and software) to receive and read such emails.
Qualified Referrals; Payment
Qualified referrals must (i) be new annual lawn care program customers to COMPANY: for purposes of the Program, "new customer" does not include either (1) a person who is a current or pending customer of COMPANY or (2) a person who was a customer of COMPANY within the 30 days immediately prior to the date a COMPANY Program email invitation was generated by the COMPANY Program to that person; (ii) satisfy all COMPANY enrollment requirements; (iii) enroll with COMPANY online by linking to the COMPANY website through the email or personal link generated by the COMPANY Program from your Company Account (enrollments from emails or links not generated by the Program are not eligible for rewards); (iv) remain enrolled for at least 90 consecutive days; (v) not be or have been a customer that was referred prior; and (vi) have "cookies" enabled on the computer from which the enrollment is executed. Individuals looking to participate or have participated in the PROGRAM cannot combine any other discount, offer, coupon, or prior purchases with the PROGRAM. Eligible participants will be issued a gift card for each qualified referral. Each qualified referral will also be issued a gift card. The amount of such gift card will be determined based upon COMPANY's current offer at the time of the applicable qualified referral's enrollment with COMPANY. The gift card amount that COMPANY is offering may be changed by COMPANY at any time prior to enrollment of a qualified referral without notice to you or your referrals. The COMPANY Spread the Green Program page will contain up-to-date information regarding COMPANY's then current offered gift card amount. Such gift card will be applied as soon as practicable following COMPANY's determination that a qualified referral has met all requirements. By participating in the Program, you agree that COMPANY shall make the final determination as to whether any referral meets all requirements to be considered a qualified referral. From time to time, COMPANY 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 the COMPANY Spread the Green program page
COMPANY will provide you with access to the Program, 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 Program Terms. COMPANY will update the Program with your account information periodically, including setting forth the email addresses to which you have sent an enrollment request email and whether a particular referral is a qualified referral (indicating that a gift card will be issued). COMPANY is not obligated to, and will not, release to you the reasons why a particular referral has not been deemed a qualified referral.
CAN-SPAM Act Compliance
COMPANY complies with the federal CAN-SPAM Act and honors requests of consumers and customers who choose to opt out of receiving COMPANY marketing emails. Accordingly, if you designate a referral email address that has previously opted out of receiving COMPANY marketing emails, you will be advised that the email address is not eligible to be sent a COMPANY Spread the Green email.
FTC 16 CFR Part 255 Compliance
In connection with your participation in the Program, you may receive confidential and proprietary information of COMPANY, including sensitive customer data ("Information"). You will maintain all of such Information in strict confidence and use the Information only in connection with your participation in the Program.
Independent Contractor Relationship
Your participation in the Program does not authorize you to act on COMPANY'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 COMPANY, its parent or their respective affiliates. By participating in the Program, you acknowledge that you do so at your own risk and as an independent contractor and that COMPANY is not directing how you perform your obligations hereunder.
Other than with respect to materials provided to in connection with your participation in the Program, your status as a participant in the Program does not entitle you to use any trademarks, copyrighted materials, patents, names, logos or other intellectual property owned or licensed by COMPANY, its parent or their respective affiliates.
By participating in the Program, you agree to and will indemnify and hold COMPANY, its parent and their respective affiliates harmless from and against any and all damages, costs, expenses, claims or liabilities of any kind, including third party claims, whether pending or threatened, including without limitation, attorneys' fees and court costs, incurred by any of them arising out of or related to your participation in the Program or breach of these Program Terms.
Warranty Disclaimers; Limitation of Liability
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 COMPANY, 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. IN NO EVENT SHALL COMPANY, ITS PARENT OR ANY OF THEIR RESPECTIVE AFFILIATES BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA AS A RESULT OF CLAIMS, WHETHER BROUGHT IN CONTRACT OR TORT, ARISING OUT OF OR CONNECTED WITH THESE PROGRAM TERMS OR THE PROGRAM, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
These Program Terms may be altered, changed, modified or assigned by COMPANY at any time by providing notice to you. Your participation in the Program at any time after COMPANY provides you such notice of changes will constitute your agreement to such changes.
Other Terms and Conditions
These Program Terms are in addition to and do not in any way limit or alter COMPANY Program terms other terms and conditions or agreements pursuant to which COMPANY allows you to participate in the Program and/or use the Program.
Acceptance and Jurisdiction
By participating in the Program, you agree that you have read, understand and will abide, and be bound, by these Program Terms. These Program Terms shall be governed in all respects in accordance with the laws of the State of Pennsylvania without regard to the conflict or choice of law rules thereof. The federal and state courts located in Holmdel, Monmouth County, New Jersey 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 Program to any other party. COMPANY may assign these Program Terms or assign or delegate any of its rights or responsibilities hereunder to independent contractors or other third parties. COMPANY 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 COMPANY. No delay or omission by COMPANY 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.
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