This NewAge Lifestyle Perks Program agreement between the participant (hereafter “Participant”) and NewAge, Inc. (hereafter “NewAge”) is effective under the Terms and Conditions stated below.
1. Program Description
The NewAge Lifestyle Perks Program (the “Program”), is a REWARDS PROGRAM that enables Participants to earn Lifestyle Dollars (hereafter “Lifestyle Dollars”) and apply them to the purchase of services and products (the “Rewards”).
As a condition of Participant’s participation in the Program, Participant warrants that:
- Participant is of legal age (age of majority) for the state or province in which participant resides and possesses the legal authority to create a binding legal obligation;
- Participant will participate in the Program according to these Terms and Conditions;
- All information supplied by Participant when participating in the Program is true, accurate, current, and complete; and
- Participant will safeguard his or her Program account information and will supervise and be completely responsible for any use of Participant’s account by Participant and anyone other than Participant.
2. Proprietary Information
The content and information in the Program (including, but not limited to, price and availability of the Rewards) as well as the infrastructure used to provide such content and information, is proprietary to NewAge or NewAge’s suppliers and providers. Participant agrees not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through the Program.
3. Lifestyle Dollars
For each dollar spent with NewAge (includes money spent on product, NewAge Travel, NewAge Travel Program account registration fee, sales tools, event fees, logoed merchandise, shipping, and taxes), Participants who are NewAge Brand Partners will earn one Lifestyle Dollar. NewAge Brand Partners who are no longer commission qualified will lose their Lifestyle Dollars after 30 days (except Lifestyle Dollars earned from NewAge Travel purchases).
NewAge Preferred Customers may spend Lifestyle Dollars only on NewAge Loyalty Shopping. Lifestyle Dollars are non-transferrable and have no redeemable cash value. For further details on a specific rewards program (NewAge Travel, NewAge Diamonds, NewAge Loyalty Shopping, etc.), please visit that program’s website and review the respective Terms and Conditions provided there.
4. Suspicious Activity
If Participant’s account shows signs of fraud, abuse, or suspicious activity, NewAge may cancel any Rewards purchases associated with Participant’s name, email address, or account and close any associated Program accounts. If Participant has conducted any fraudulent activity, NewAge reserves the right to take any necessary legal action, and Participant may be liable for monetary losses to NewAge, including litigation costs and damages.
5. Terms and Conditions of Rewards Providers
Additional Terms and Conditions may apply to Participant’s purchase of Rewards that Participant selects. Participant must carefully read and fully abide by such additional Terms and Conditions carefully.
6. NewAge Product Refunds
If Participant returns NewAge product for a refund, NewAge will subtract Lifestyle Dollars from Participant’s Program account equal to the amount generated by the purchase of the product being returned. If Participant’s Program account lacks sufficient Lifestyle Dollars, then the outstanding amount will be subtracted from the amount of the refund.
Participant may not assign any rights under these Terms and Conditions without the prior written consent of NewAge. Any attempt to transfer or assign these rights without the express written consent of NewAge renders these Terms and Conditions voidable at the option of NewAge and may result in termination of Participant’s participation in the Program.
8. Participation as Acceptance
Participant’s continued participation in the Program constitutes his or her acceptance of any changes to these Terms and Conditions. Participant is responsible for remaining knowledgeable as to any changes that NewAge may make to these Terms and Conditions. The most current version of these Terms and Conditions will be available on the NewAge Lifestyle Perks website and will supersede all previous versions of these Terms and Conditions.
9. Void Where Prohibited
The Program is void if prohibited by law in the municipality, state, province, or country of Participant’s residence, and subject to change as may be necessary to comply with such laws or regulations.
10. Compliance with Applicable Law
Participant will comply with all applicable local, state, provincial and federal laws, rules, and regulations related to multi-level or direct marketing, the Program, and Participant’s performance under these Terms and Conditions.
NewAge may at its sole discretion modify any of the Terms and Conditions governing the Program — including, but not limited to, the rules for earning and redeeming Lifestyle Dollars and the expiration policy for Lifestyle Dollars — at any time, with or without notice, even though these changes may affect Participant’s ability to use Lifestyle Dollars already earned. The Program has no predetermined termination date and may continue until such time as NewAge decides to terminate the Program. NewAge may terminate the Program at any time.
12. No Warranties
NewAge makes no guarantees, warranties, or representations of any kind concerning the Program.
13. Release of Liability
NewAge, its parent, subsidiaries, affiliated companies, directors, officers, shareholders, employees, assigns, and agents (collectively, its “Affiliates”), will not be liable for, and Participant releases NewAge and its Affiliates from, all claims for consequential and exemplary damages for any claim or cause of action relating to the Program, including these Terms and Conditions. NewAge and its Affiliates will not be liable for any costs incurred due to any acts outside of NewAge’s control.
Participant further agrees to release NewAge and its Affiliates from all liability arising from or relating to the Program or participation in the Program, and agrees to indemnify NewAge and its Affiliates for any liability, damages, fines, penalties, or awards arising from any unauthorized conduct that Participant undertakes related to the Program or participation in the Program.
15. Choice of Law; Resolution of Disputes
These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Utah without regard to principles of conflicts of laws. All disputes arising out of or in connection with these Terms and Conditions, including those involving the validity and enforceability of this clause, will be finally settled by arbitration under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with said Rules. Said arbitration will take place in Salt Lake City, Utah and be conducted in the English language.
If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms and Conditions will continue in effect.
17. Waiver of Class Action and Jury Trial
Any and all proceedings to resolve disputes will be conducted only on an individual basis and not in a class, consolidated or representative action. Participant and NewAge each waive any right to a jury trial.
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