Referral Program Terms of Service


This Referral Program Terms of Use Agreement (“Agreement”) constitutes a legally binding agreement made between you, whether personally or on behalf of an entity (“you”, “your”, “Premium Member”) and Tag N’ Brag, LLC (“Company”), concerning your access to and participation in the Tag-N-Brag referral program (the “Program”).

BY ACCESSING AND PARTICIPATING IN THE REFERRAL PROGRAM, YOU ARE INDICATING THAT YOU ACCEPT, AND AGREE TO COMPLY WITH, THIS AGREEMENT.  IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU ARE NOT PERMITTED TO, AND YOU MUST NOT, PARTICIPATE IN THE REFERRAL PROGRAM.

Company operates and provides access to the tag-n-brag.com website (“Website”), which allows certain registered members (“Premium Members”) who purchase and maintain a premium membership (“Premium Membership”) to, among other things, participate in a social network regarding outdoor life and to participate in the Program.

Referral Program  These are the Terms and Conditions of Use that are applicable to the Program.  Under the Program, Company offers its Premium Members the opportunity to earn Credits for providing family, friends and other third parties with a link that a Prospective Member can use to sign up to become a Premium Member on the Website.  For each Qualified Referral generated by the Premium Member, the Premium Member may receive Credit that is redeemable toward payment of the Premium Member’s premium membership.

Premium Members that wish to take part in the Program are bound by these Terms and Conditions.  If you do not agree to be bound by these Terms and Conditions in their entirety you are not authorized to participate in the Program.  Premium Members may not participate in the Program where doing so would violate or be prohibited by any applicable law or regulation.  Company reserves the right to modify or amend at any time these Terms and Conditions and the methods by which Credits are earned and may be used by Premium Members.  Company also reserves the right at its sole discretion to disqualify any Premium Member at any time, for any reason or no reason, from participation in the Program.

No part of the Program is directed to persons under the age of 13.  IF YOU ARE UNDER 13 YEARS OF AGE, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE PROGRAM AT ANY TIME OR IN ANY MANNER.

Program Participation To participate in the Program, the Premium Member shall provide to a Prospective Member a link to sign up for Premium Membership.  To earn a Credit, the Prospective Member must use the link provided by the Premium Member and sign up and purchase a Premium Membership.  If the Prospective Member does not complete the sign up process using the link provided by the Premium Member, then the Premium Member will not be awarded or earn a Credit for that referral and will not be eligible for the Credit , even if the Prospective Member subsequently signs up and purchases a Premium Membership on the Website.

Program Eligibility To be eligible for participation in the Program and to earn Credits, a Premium Member must (i) be a legal resident of the United States of America, (ii) be at least 18 years old, (iii) have a Premium Membership account with Company that is in good standing and (iv) provide a Prospective Member with link to sign up to purchase a Premium Membership.

Referral Process Premium Members may refer a Prospective Member to sign up and purchase a Premium Membership by providing a link to the Prospective Member.  Once the Prospective Member clicks on the link and successfully completes the entire registration process to sign up and actually purchases a Premium Membership, Company may send the Premium Member a communication from the Company confirming that the Prospective Member has purchased a Premium Membership.  If the Premium Member does not receive such communication from Company, then the Prospective Member did not properly complete the sign up process or purchase a Premium Membership, and no Credit will have been earned by the Premium Member. The Premium Member and/or the Prospective Member may communicate to Company any comments or questions in connection with the failed attempt by the Prospective Member to successfully sign up for the Premium Memberhsip, but it is still at the sole discretion of the Company to award the Premium Members the Credit.

Qualified Referrals A Qualified Referral is a referral by a Premium Member to a Prospective Member that meets all of the following conditions: (i) the Prospective Member has completed the entire registration process to sign up and purchase a Premium Membership using the link provided by the Premium Member,(ii) the Prospective Member was not previously registered with the Company as a Premium Member or had not previously purchased a Premium Membership, whether or not under any other email address, alias, or fictitious name, and (iii) the Prospective Member is (a) at least 18 years old, (b) meets the eligibility requirements to become a Premium Member, and (c) has consented to to receiving communications from Company.
Earning Credits The Premium Member shall receive one (1) Credit for each verified Qualified Referral generated under the Program using the link provided by the Premium Member to the Prospective Member.  Each Credit earned by the Premium Member for a verified Qualified Referral of a Prospective Member under the Program shall be redeemable toward the purchase of one month of the Premium Member’s ongoing Premium Membership.  The Credit may only be applied towards the Premium Member’s ongoing monthly membership fees with Company and may not be redeemed or used for any other purpose.  A Premium Member may attain an unlimited number of Qualified Referrals, but any Qualified Referral shall be subject to review at any time by Company and it is in the discretion of Company as to the legitimacy and validity of such Qualified Referral.

Verification of Qualified Referrals All Credits are subject to verification by Company.  Company may also refuse to verify and process any Credit that Company deems, in its sole discretion, to be fraudulent, suspicious, or in violation of these Terms and Conditions, or that Company believes will impose potential liability on Company beyond what is reasonable for this Program, its subsidiaries, affiliates, officers, directors, employees, managers, shareholders, attorneys and agents.  Company may cancel, amend, or revoke the Credit at any time due to business considerations of circumstances beyond the Company’s control.  All of Company’s decisions are final and binding, including all decisions whether a Qualified Referral or Credit is verified.

Value of Credit Credits have absolutely no monetary value.  Credits may not under any circumstances be redeemed for cash or any cash equivalent including but not limited to gift cards, certificates, or refunds.  Company may cancel, amend, or revoke the Credit at any time, for any or no reason.

Transfer of Credits Earned Credit(s) are personal to the Premium Member that earned the Credit(s)and are not transferable, whether by operation of law or otherwise.  Any attempt by the Premium Member to transfer, auction, trade, barter, sell, or otherwise dispose of earned Credits shall be null and void.  Upon termination of the Program or any portion thereof for any reason, or upon cancellation or termination of a Premium Member’s account for any reason, any unredeemed Credits (including without limitation any unapplied credits) accumulated by the Premium Member are forfeited.


Prohibited Activities  Premium Members shall not use the Program to:
(a) to violate any applicable law or regulation;

(b) to engage in any illegal activity or to solicit the performance of any illegal activity;

(c) to abuse, harass, harm, or stalk another person;

(d) Impersonate another person;

(e) Misrepresent the Premium Member’s identity;

(f) To interfere with another Premium Member’s use of or participation in the Program;

(g) advertising to, or solicitation of, any user to buy or sell any products or services;

(h) transmitting chain letters or junk email to other users;

(i) to attempt to gain unauthorized access to the Program, other accounts, computer systems, or networks connected to the Program;

(j) to resell, barter, trade, auction or otherwise generate income by providing access to the Program to others; or

(k) to interfere with, disrupt or violate the Terms and Conditions or servers or networks connected to the Program.

Fraudulent/Suspicious Behavior (A) The Company may prohibit a Premium Member from participating in the Program or receiving a Credit, in its sole discretion, if it determines that such Premium Member, either directly or indirectly is attempting to undermine the fairness, integrity, or legitimate operation of the Program in any way by cheating, hacking, deception, or any other unfair playing practices of intending to annoy, abuse, threaten or harass any other users of the or representatives of the Company; (B)Premium Members may not enter the Program with multiple or fake email addresses or accounts, or use fictitious identities or names, or use any system, bot or device, or artifice to participate in the Program or receive a credit; (C) Company reserves the rights to disqualify any Premium Member and/or cancel and Credit(s) if they determine that a Premium Member has tampered with the operation of the Program or is violating these Terms and Conditions.
Company reserves the right to suspend, disqualify or terminate any Premium Member’s or Prospective member’s participation in the Program and forfeit any Credits earned if the Premium Member or Prospective Member is found to have engages in any prohibited conduct or otherwise violates the Terms and Conditions.

If a Premium Member has engaged in prohibited conduct, spam or fraudulent or suspicious behavior that undermines or affects the integrity or credibility of the Program, and the Company is unable to find a solution to restore the integrity and credibility of the Program, then the Company may in its sole discretion cancel, change or suspend the Program.

Any attempt to deliberately damage or undermine the legitimate operation of the Program may be in violation of criminal and civil laws and will result in disqualification from participation in the Program.  Should such an attempt be made, the Company reserves the right to seek remedies and damages to the fullest extent of the law, including criminal prosecution.

Disclaimers (a) Company hereby disclaims any and all liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with the Program, and reserves the right, in its sole discretion, to cancel, modify or suspend the Program should a virus, bug, computer problem, unauthorized intervention or other causes beyond the control of the Company, corrupt the administration, security or play of the Program; (b) Company shall not be liable to any Premium Member for failure to supply any Credit or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s), or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s), or request(s) prove(s) to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, tornado, tsumani, war (declared or undeclared),fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other similar or dissimilar cause beyond the control of any Released Party;  (c) Company reserves the right to cancel or suspend the Program should it determine, in its sole discretion, that the administration, security or fairness of the Program has been compromised in any way.

Disclaimer of Warranties  PREMIUM MEMBERS AGREE THAT (A) YOUR PARTICIPATION OR USE OF THE PROGRAM IS AT YOUR SOLE RISK, THAT THE PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITS OFFICERS, DIRECTORS, MANAGERS, SHAREHOLDERS, EMPLOYEES, AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR CUSTOM, IN CONNECTION WITH PARTICIPATION IN AND USE OF THE PROGRAM, IMPLIED WARRANTIES OF MERCHANTABLITY, FITNESS FOR A PARTICULAR PURPOSE, OR SATISFACTORY QUALITY; (B) THE COMPANY MAKES NO WARRANTIES THAT (i) THE PROGRAM WILL MEET YOUR REQUIREMENTS, (ii) THE PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS OBTAINED FROM PARTICIPATION IN OR USE OF THE PROGRAM WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY ANY PREMIUM MEMBER THROUGH THE PROGRAM WILL MEET THE MEMBER’S EXPECTATIONS, AND (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH PARTICIPATION IN THE PROGRAM IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.  COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, OR ANY INTERRUPTION OR CESSATION OF THE PROGRAM.
Limitation on Liability  IN NO EVENT SHALL COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES, GOODWILL, OR OTHER INTANGIBLE LOSSES ARISING FROM YOUR PARTICIPATION IN THE PROGRAM, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PREMIUM, IF ANY, BY YOU TO COMPANY FOR THE PREMIUM MEMBERSHIP DURING THE TERM OF YOUR USE OF THE WEBSITE.
Defend, Indemnity, Hold Harmless  You agree to defend, indemnify and hold harmless Company, its parent companies, subsidiaries, affiliates, divisions, and their respective officers, attorneys, agents, partners, managers, shareholders, members, directors, principals, representatives, employees, any predecessors, successors in interest, heirs, assigns, and any other person or entity associated with the production, operation or administration of the Program (collectively, “Released Parties”), from any action, loss, liability, claim, damages, demand, cost, expenses, or liability, including reasonable attorney's fees, caused by, arising out of, in connection with, or related to the Premium Member’s participation in the Program.

Privacy Policy  Any information that you provide to the Website or Company is subject to our Privacy Policy which governs our collection and use of your information. You understand that through your participation in the Program you consent to the collection and use (as set forth in the Privacy Policy) of this information.  As part of providing you the opportunity to participate in the Program, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Program and your account, which you may not be able to opt-out from receiving.
Modifications  Company may modify this Agreement from time to time. Company will alert all users with whom it maintains email information of such modifications by means of an email to their most recently provided email address. Any and all changes to this Agreement will also be reflected on the Website.  You agree to be bound to any changes to this Agreement when you use the Program after any such modification is posted.  It is therefore important that you regularly review this Agreement and keep your contact information current to ensure you are informed of any changes.
Disputes with Company  All disputes arising out of or relating to this Agreement (including its formation, performance, alleged breach, enforceability and validity) or your participation in the Program will be exclusively resolved under confidential binding arbitration held in Cuyahoga County in the State of Ohio before and in accordance with the International Rules of Arbitration of the American Arbitration association, by one or more arbitrators appointed in accordance with said Rules. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to any claim that all or any part of this Agreement is void or voidable. Notwithstanding the foregoing, Company will have the right to seek injunctive relief to enforce this Agreement or to stop or prevent an infringement of proprietary or other third-party rights. In the event of litigation or to compel arbitration or to enforce an arbitration award under this Section, or to obtain an injunction under this Section, the parties hereby irrevocably consent and submit to the personal jurisdiction and venue of the state and federal courts located in County of Cuyahoga in the State of Ohio. This Agreement will be interpreted exclusively by Ohio law. The parties hereto consent to the jurisdiction of such Courts, agree to accept service of process by regular mail, and waive any and all claims that such Courts do not have personal jurisdiction over them, that such Courts do not have subject matter jurisdiction to hear any dispute arising out of this Agreement, that venue is not proper in such Courts, or that Courts are an inconvenient or improper forum.
IF YOU DO NOT WISH TO ACCEPT THE BINDING ARBITRATION PROVISIONS CONTAINED IN THIS SECTION YOU MUST NOTIFY US IN WRITING WITHIN 30 DAYS AFTER REGISTERING FOR A PREMIUM MEMBERSHIP WITH THE WEBSITE BY SENDING US AN EMAIL AT webmaster@tag-n-brag.com. IF YOU NOTIFY US BY THAT TIME THAT YOU DO NOT ACCEPT THE BINDING ARBITRATION PROVISIONS CONTAINED IN THIS SECTION, WILL NOT BE ABLE TO PARTICIPATE IN THE PROGRAM AND YOUR MEMBERSHIP MAY BE CANCELLED..
Other  This Agreement constitutes the entire agreement between you and Company regarding your participation in the Program, and hereby supersedes any and all prior agreements or understandings, whether written or oral, or whether established by custom, practice, policy, or precedent with regard to the subject matter hereof.  No subsequent agreement between the parties hereto shall in any way modify this agreement unless such subsequent agreement specifically mentions this agreement and expressly states that it modifies the obligations of the parties hereto. The failure of Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision or part of a provision of this Agreement is found to be unlawful, void, invalid or unenforceable by a court of competent jurisdiction, such provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.