REFERAL PROGRAM TERMS AND CONDITIONS

Welcome, and thank you for your interest in the Referral Program (“Program”) powered by AFA Protective Systems, Inc., Inc., a New York corporation, with mailing address set forth above (“AFA Protective Systems, Inc.”, “We”, “Us”, “Our”).

  1. Participation Agreements. Your participation in the Program constitutes your full and unconditional agreement to and acceptance of these Program Terms and Conditions (the “Terms and Conditions”). Subject to applicable law, We reserve the right to modify, limit or restrict participation in the Program to any person at any time for any reason and without notice. Your eligibility and the eligibility of the leads you submit to us under the Program shall be determined by Us in Our sole discretion.
    1. Referrer Requirements. In order to participate as a “Referrer” in the Program, you must enter into the Referrer Agreement (the “Referrer Agreement”) and comply with its terms; comply with these Terms and Conditions; and meet all of the following requirements:
      1. You must be at least 18 years of age;
      2. You must be a natural person and resident of the United States;
      3. You cannot participate in the Program if you are: (A) a AFA Protective Systems, Inc. affiliate marketing partner, supplier, contractor, or marketing agency, (B) a professional lead generator, or (C) an immediate family members of any of the foregoing;
      4. You cannot participate if you are a business, association, government agency, or any entity other than a natural person;
      5. If you are currently a AFA Protective Systems, Inc. customer, you must be current on all of your payments and not in default under your Customer Agreement with us;
      6. All of the information you provide to us (about yourself and the Referees) must be accurate;
      7. You must comply in all respects with Federal Trade Commission’s Endorsement Guidelines, any statements you make endorsing AFA Protective Systems, Inc. must be truthful, and you must disclose that they are made as part of the AFA Protective Systems, Inc. Referral Program;
      8. You may be required to complete an IRS form Wc9; and
      9. You may refer as many potential Referees as you like, but you may not receive more than five (5) Referral Rewards each calendar month. However, in the Company’s sole discretion, the Company may elect to pay any Referral Rewards in excess of such five (5) in the following month.
      10. You must fill out the Referral Form online. If Referrer does not fill out the Referral Form online then Referrer has not met the minimum requirements and is ineligible to receive any type of benefit or credit.
      An employee (including direct seller) of AFA Protective Systems, Inc. and its affiliated companies may participate in the Program as a referrer, subject to the terms and conditions of the AFA Protective Systems, Inc. Employee Referral Program Policy.
    2. Referred Requirements. Although we reserve the right to decide whether or not to contact any person that you refer to us, to be eligible, a “Referred” must meet all of the following requirements:
      1. he/she is a natural person and at least 18 years of age;
      2. he/she is a resident of a state in which AFA Protective Systems, Inc. offers its products and services;
      3. he/she is not and never has been a AFA Protective Systems, Inc. customer;
      4. he/she is owns his/her home;
      5. he/she has expressed a bone fide interest to you that he/she is interested in hearing more about AFA Protective Systems, Inc. and having AFA Protective Systems, Inc.’s products installed on his/her property;
      6. he/she is not an employee of AFA Protective Systems, Inc.;
      7. he/she has agreed to be contacted by AFA Protective Systems, Inc.; and
      8. he/she has agreed that AFA Protective Systems, Inc. may share information about the progress of system installation with you as the Referrer.
    3. Referral Requirements. A “Referral” is a lead that you provide to Us meeting all of the following requirements:
    4. the Referred meets all of the above eligibility requirements;
    5. the Referred meets Our minimum credit qualifications (as we determine in Our sole discretion);
    6. the Referee enters into a customer agreement with Us (a “Customer Agreement”); and
    7. a system is completely installed on the Referred’s property.
  2. Under the program, an eligible Referrer may receive a reward in cash or credit of 25% of the first years recurring services up to $500 for each successful commercial monitoring, inspection or maintenance lead (the "Referral Award") and 5% of each successful outright sale referral up to $500 with a maximum combined total of $1000 (the "Referral Award"). You are solely responsible for reporting any Referral Rewards on your tax return and paying any tax liability associated with Referral Rewards. You agree and understand that you are responsible for payment, if any, of local, state, and/or federal taxes on the Referral Rewards. You further agree to indemnify and hold AFA Protective Systems, Inc. harmless from any claims, demands, deficiencies, penalties, interest, assessments, executions, judgments, or recoveries by any government agency against the AFA Protective Systems, Inc. for any amounts claimed due on account of (a) your failure to pay or delayed payment of federal or state taxes, or (b) damages sustained by the AFA Protective Systems, Inc. by reason of any such claims, including attorneys’ fees and costs.
  3. Changes to the Program. AFA Protective Systems, Inc. reserves the right, in Our sole discretion, to change these Terms and Conditions, the Referrer Agreement, or any aspect of the Program on a going forward basis at any time, upon notice to you via the email address that you have provided to us when you registered for the Program.
  4. Prohibited Conduct.
    1. Conduct. In order to comply with applicable law, when participating as a Referrer in the Referral Program, you agree to:
      1. make no false or misleading representations or advertisements with regard to AFA Protective Systems, Inc., its products or services, or your relationship with AFA Protective Systems, Inc.; to act on behalf of or impersonate any person on the Website, including (without limitation) acting as a referred in filling out any referred information or consents;
      2. disclose to your prospective referees that you have been incentivized and may be eligible for rewards if you meet certain criteria related to your referral; and
      3. comply with all applicable laws and regulations, including but not limited to, advertising and marketing laws such as CAN SPAM and the FTC’s Endorsement Guidelines further described below.
    2. Abuse. If at any time AFA Protective Systems, Inc. suspects or determines, in its sole discretion, that you have violated any laws, the FTC’s Endorsement Guidelines, the Referrer Agreement (if applicable) or these Terms and Conditions in any way in connection with your use of the Referral Program, AFA Protective Systems, Inc. may, in addition to any other rights and remedies it may have, immediately and without notice to you, terminate your participation in the Referral Program and refuse to make any payment to you for referrals that otherwise would have been eligible for a Referral Reward. AFA Protective Systems, Inc. will not be liable to you or to any third party for any claim or cause of action arising out of such termination.
    3. Use of the Website. By participating in the Program, you must not:
      1. use the Website for any illegal purpose or in violation of any local, state, national, or international law;
      2. post, upload, or distribute any User Content or other content to the Website that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;
      3. interfere with security related features of the Website, including by: (A) disabling or circumventing features that prevent or limit use or copying of any content; or (B) reverse engineering or otherwise attempting to discover the source code of any portion of the Website except to the extent that the activity is expressly permitted by applicable law; or
      4. use the Website to perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Website account without permission, or falsifying your age or date of birth.
    4. FTC Endorsement Guidelines. As a Referrer, you must comply with the Federal Trade Commission’s Endorsement Guidelines, at all times when communicating with potential Referees (for more information about the FTC Guidelines, please visit the FTC website, available at: https://www.ftc.gov/sites/default/files/attach ments/presscreleases/ftccpublishescfinalc guidescgoverningcendorsementsc testimonials/091005revisedendorsementguid es.pdf). Those guidelines require the following: you must clearly and conspicuously disclose that you may be compensated by AFA Protective Systems, Inc. for marketing its products and services, using words like “sponsored;” “promotion;” “paid ad;” “Ad;” or “#ad” (a link to a website that contains this statement is insufficient);
      1. any statements that you make about yourself must be accurate (e.g., a statement, “My electric bill dropped over $100 a month using AFA Protective Systems, Inc.’s panels. #ad” must be true); and
      2. any statements that you make about AFA Protective Systems, Inc.’s products must be substantiated by official published AFA Protective Systems, Inc. documentation (e.g., a statement, “AFA Protective Systems, Inc.’s panels are completely indestructible. #ad” is not permitted when AFA Protective Systems, Inc. does not have proof supporting that statement).
  5. Termination of Use; Discontinuation and Modification of the Website.
    1. AFA Protective Systems, Inc. Termination. Subject to applicable law, AFA Protective Systems, Inc. may revoke your participation in the Program and cancel your user account on the Website at any time for any reason or no reason, with or without notice, including, but not limited to, upon any violation by you of the Referrer Agreement (if applicable) or these Terms and Conditions. As a Referrer, if we terminate your participation in the Program because of any breach of the Referrer Agreement or these Terms and Conditions, you forfeit any potential Referral Rewards that you may have been or would have been entitled to receive under the Program.
    2. Termination by You. You may terminate your participation in the Program at any time by contacting AFA Protective Systems, Inc. at marketing@afap.com. If you terminate your account, you forfeit any Referral Rewards that you are now or would later have been entitled to receive under the Program.
  6. User Content
    1. User Content Generally. Certain features of the Website may permit users to upload content to the Website, including messages, photos, text, and other types of works (“User Content”) and to publish User Content on the Website.
    2. Limited License Grant to AFA Protective Systems, Inc.. By posting or publishing User Content, you grant AFA Protective Systems, Inc. a worldwide, nonexclusive, royalty free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed.
    3. User Content Representations and Warranties. You are solely responsible for your User Content and the consequences of posting or publishing User Content. By posting or publishing User Content, you affirm, represent, and warrant that:
      1. you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize AFA Protective Systems, Inc. and users of the Website to use and distribute your User Content as necessary to exercise the licenses granted by you in this section, in the manner contemplated by AFA Protective Systems, Inc., the Website, and these Terms and Conditions; and
      2. your User Content, and the use of your User Content as contemplated by these Terms and Conditions, do not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause AFA Protective Systems, Inc. to violate any law or regulation.
      3. User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. We may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms and Conditions or is otherwise unlawful.
  7. Third-Party Websites and Linked Websites. We may provide tools through the Website that enable you to export information, including User Content, to third party services, including through features that allow you to link your account on AFA Protective Systems, Inc. with an account on a third party service, such as Twitter or Facebook, or through our implementation of third party buttons (such as “like” or “share” buttons). By using one of these tools, you agree that we may transfer that information to or from the applicable third party service. Third party services are not under our control, and we are not responsible for any third party service’s use of your exported information. The Website may also contain links to third-party websites. Linked websites are not under our control, and we are not responsible for their content.
  8. Ownership; Proprietary Rights. The Website is owned and operated by AFA Protective Systems, Inc. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Website (“Materials”) provided by AFA Protective Systems, Inc. are protected by intellectual property and other laws. All Materials included in the Website are the property of AFA Protective Systems, Inc. or our third party licensors. Except as expressly authorized by AFA Protective Systems, Inc., you may not make use of the Materials. AFA Protective Systems, Inc. reserves all rights to the Materials not granted expressly in these Terms and Conditions.
  9. Feedback. If you choose to provide input and suggestions regarding the Program or report any problems with or proposed modifications or improvements to the Website (collectively, “Feedback”), then you hereby grant AFA Protective Systems, Inc. an unrestricted, perpetual, irrevocable, non-exclusive, fully paid, royalty free right to exploit the Feedback in any manner and for any purpose, including to improve the Program or the Website and create other products and services.
  10. Indemnity. You are responsible for your use of the Website and participation in the Program, and you will defend and indemnify AFA Protective Systems, Inc. and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “AFA Protective Systems, Inc. Entities”) from and against every claim, liability, damage, loss, and expense, including reasonable attorneys' fees and costs, arising out of or in any way connected with: (a) your participation in the Program and you access to, use of, or alleged use of, the Website; (b) your violation of any portion of the Referrer Agreement or these Terms and Conditions, any representation, warranty, or agreement referenced in therein, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.
  11. Disclaimers; No Warranties. AFA PROTECTIVE SYSTEMS, INC. DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO YOUR PARTICIPATION IN THE PROGRAM OR YOUR USE OF THE WEBSITE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NONINFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE AFA PROTECTIVE SYSTEMS, INC. ENTITIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE, COST, OR INJURY THAT ARISES FROM OR RELATES TO PARTICIPATION IN THE PROGRAM, 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 PROGRAM; (V) TYPOGRAPHICAL OR OTHER ERROR IN THE PRINTING OF THE PROGRAM, ADMINISTRATION OF THE PROGRAM, OR IN THE ANNOUNCEMENT OF ANY REFERRAL REWARD; (VI) ANY OTHER CONDITION THAT MAY CAUSE THE 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. THE WEBSITE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE WEBSITE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE WEBSITE AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE WEBSITE. YOU UNDERSTAND AND AGREE THAT YOU USE THE WEBSITE, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE WEBSITE AND ANY ASSOCIATED SITES OR SERVICES, AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE WEBSITE), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE WEBSITE OR THE DOWNLOAD OR USE OF THAT MATERIAL OR CONTENT. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. Limitation of Liability. IN NO EVENT WILL THE AFA PROTECTIVE SYSTEMS, INC. ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR PARTICIPATION IN THE PROGRAM OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY AFA PROTECTIVE SYSTEMS, INC. ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE. THE AGGREGATE LIABILITY OF THE AFA PROTECTIVE SYSTEMS, INC. ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO YOUR PARTICIPATION IN THE PROGRAM OR YOUR USE OF THE WEBSITE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE RECEIVED FROM AFA PROTECTIVE SYSTEMS, INC. FROM REFERRAL REWARDS IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT(S) OR CIRCUMSTANCES GIVING RISE TO CLAIM; OR (B) $100. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 12 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
  12. Governing Law. Any claim relating to AFA Protective Systems, Inc., the Program or this Website shall be governed by the laws of the State of Utah without regard to its conflict of law provisions. If a lawsuit or court proceeding is permitted under these Terms and Conditions, then you and AFA Protective Systems, Inc. agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Utah County, Utah for the purpose of litigating any dispute.
  13. Dispute Resolution and Arbitration. You and we agree to resolve any Dispute (as such term is defined below) through binding arbitration or small claims court instead of courts of general jurisdiction. BY PARTICIPATING IN THE PROGRAM AND USING THE WEBSITE, YOU ACKNOWLEDGE AND AGREE THAT (1) YOU ARE HEREBY WAIVING THE RIGHT TO A TRIAL BY JURY; (2) YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; AND THE FEDERAL ARBITRATION ACT (9 U.S.C. § 1 et seq.) GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THIS PROVISION. You and we agree to arbitrate all disputes, claims, and controversies arising out of or relating to (i) any aspect of the relationship between you and AFA Protective Systems, Inc., whether based in contract, tort, statute, or any other legal theory; (ii) these Terms and Conditions, the Referral Agreement, or any other agreement concerning the subject matter hereof; (iii) any breach, default, or termination of these Terms and Conditions or the Referral Agreement; and (iv) the interpretation, validity, or enforceability of these Terms and Conditions or the Referral Agreement, including the determination of the scope or applicability of this arbitration clause (each, a “Dispute”). Prior to commencing arbitration or an action in small claims court, either you or AFA Protective Systems, Inc. (each, a “Party”) must first send a written “Notice of Dispute” via certified mail to the other Party. If you elect to commence arbitration or file a claim in small claims court, the Notice of Dispute must be sent to AFA PROTECTIVE SYSTEMS, INC., 155 Michael Drive, Syosset, NY 11791 Attn: Legal Department. The Notice of Dispute must describe the nature and basis for the Dispute and the relief sought. If you and we are unable to resolve the Dispute within thirty (30) days thereafter, then either Party may commence arbitration. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures and in accordance with JAMS Policy on Consumer Arbitrations Pursuant to Pre Dispute Clauses Minimum Standards of Procedural Fairness (available at: http://www.jamsadr.com, the “JAMS Rules”) and under the rules set forth in these Terms and Conditions. Any claim against a state home improvement guarantee fund (including under Maryland Code § 8c405(c)) by you shall be stayed until the completion of any mandatory arbitration proceeding. The arbitrator shall be bound by these Terms and Conditions. No matter the circumstances, the arbitrator shall not award punitive, special, exemplary, indirect, or consequential damages to either Party or any other award inconsistent with the limitations set forth in Section 12 above.
    Claims for less than $10,000. If the relief sought by either Party is for less than $10,000, the following shall apply. You may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing near you (if you live in the United States) consistent with the JAMS Rules. If you are required to pay a filing fee, after we receive notice that you have commenced arbitration, we will promptly reimburse you for your payment of any filing fees. If the arbitrator issues you an award that is greater than the value of our last written settlement offer made before an arbitrator was selected (or if we did not make a settlement offer before an arbitrator was selected), then we will pay you the lesser of the amount of the award or $10,000, plus reasonable attorneys’ fees incurred by you and awarded by the arbitrator. Except as expressly set forth herein, the payment of all costs, filing fees, and administration and arbitrator fees will be governed by the JAMS Rules.
    Claims for $10,000 or more. If the relief sought by either Party is for $10,000 or more, all fees and costs (including filing fees, administration and arbitrator fees, all attorneys’ fees, travel expenses, and other costs of the arbitration) shall be borne by you and us in accordance with the JAMS Rules, JAMS Policy on Consumer Arbitrations Pursuant to Pre Dispute Clauses Minimum Standards of Procedural Fairness, and applicable law. The arbitration shall be conducted at a mutually agreeable location near you (if you live in the United States).
    Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned, written decision sufficient to explain the essential findings and conclusions on which the award is based and judgment on an arbitration award may be entered in any court of competent jurisdiction. Nothing in this arbitration provision shall preclude you or us from seeking provisional remedies in aid of arbitration from a court of competent jurisdiction.
    YOU AGREE TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS DESCRIBED IN THIS SECTION 14 WILL BE DECIDED BY BINDING NEUTRAL ARBITRATION AS PROVIDED BY THE FEDERAL ARBITRATION ACT AND OTHER APPLICABLE LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY AGREEING TO THESE TERMS OR USING THE SITE, YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THIS SECTION 14. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS SECTION 14, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE FEDERAL ARBITRATION ACT AND OTHER APPLICABLE LAW. YOUR AGREEMENT TO THIS SECTION 14 IS VOLUNTARY. YOU HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THIS SECTION 14 TO NEUTRAL ARBITRATION.
  14. Consent to Electronic Communications. By participating in the Program, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

REFERRER AGREEMENT

Welcome, and thank you for your interest in the Referral Program (the “Program”) powered by AFA Protective Systems, Inc., Inc., a New York corporation, with mailing address set forth above (“AFA Protective Systems, Inc.”, “We”, “Us”, “Our”), along with the related website that will allow you to participate in the Program (“Website”). This Referrer Agreement is a legally binding contract between you and AFA Protective Systems, Inc. regarding your participation in the Program and your use of the Website.
  1. Referrer Agreement. PLEASE READ THE FOLLOWING TERMS CAREFULLY. BY INDICATING YOUR ACCEPTANCE OF THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS REFERRER AGREEMENT (“AGREEMENT”). If you are not eligible, or do not agree to this Agreement, then you may not participate in the Program.
  2. Program Overview. The AFA Protective Systems, Inc. Referral Program allows current AFA Protective Systems, Inc. customers and other individuals to refer their friends, family and other contacts to AFA Protective Systems, Inc. (“Referees”). Under the Program, you are eligible to receive a referral reward once a Referee becomes a AFA Protective Systems, Inc. customer (“Referral Reward”) as further described in this Agreement and the Terms and Conditions. You may use the Website to manage the referrals you have made and to get updates on the progress of your Referral Rewards.
  3. Privacy Policy; Terms and Conditions.
    1. Privacy Policy. The AFA Protective Systems, Inc. Privacy Policy (available at, https://www.afap.com/privacy-policy/) contains information relating to our collection, use, storage and disclosure of your personal information during your participation in the Program. The Privacy Policy is incorporated by this reference into, and made a part of, this Agreement.
    2. Terms and Conditions The Program Terms and Conditions (available at, https://www.afap.com/privacy-policy/ “Referral Program Terms and Conditions”) describe the eligibility requirements for participating in the Program and the requirements for receiving Referral Rewards. The Terms and Conditions are incorporated by reference into, and made a part of, this Agreement.
  4. Eligibility. In order to use the Website and participate in the Program, you must meet the eligibility requirements set out in the Terms and Conditions.
  5. Independent Contractor. You agree that it is your express intention, and the express intention of AFA Protective Systems, Inc., that you participate in the Referral Program as an independent contractor. Nothing in this Agreement shall in any way be construed to constitute you as an agent, employee or representative of AFA Protective Systems, Inc. Without limiting the generality of the foregoing, you are not authorized to bind AFA Protective Systems, Inc. to any liability or obligation or to represent that you have any such authority. You acknowledge and agree that you are obligated to report as income all compensation received by you pursuant to this Agreement. You agree to and acknowledge the obligation to pay all taxes on such income.
  6. Accounts and Registration. To access the Website, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your email address or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up to date. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, immediately notify us at marketing@afap.com
  7. Changes to the Program. AFA Protective Systems, Inc. reserves the right, at its discretion, to change this Agreement, the Terms and Conditions, or any aspect of the Program on a going forward basis at any time, upon notice to you via the email address that you have provided to us when you registered for the Program. Disputes arising under this Agreement will be resolved in accordance with the version of this Agreement that was in effect at the time the dispute arose.
  8. Payment. Payments of any Referral Rewards under the Program are in AFA Protective Systems, Inc.’s sole and absolute discretion. In order to receive payment of Referral Awards you must select the “cash out” option in the Program. You may only request to receive all of your accrued Referral Awards; no partial amounts will be paid. Referral Rewards will be sent to eligible participants in the Program within approximately thirty (30) days after the Referee has satisfied all the Terms and Conditions for a Referral Reward. Any Referral Reward checks must be cashed with ninety (90) days. AFA Protective Systems, Inc. is not responsible for lost checks or Referral Rewards that are not cashed or redeemed within the relevant period. You may refer as many potential referees as you like, but you may not receive more than five (5) Referral Rewards each calendar month.
  9. General. These Terms and Conditions, including the Terms and Conditions and the Privacy Policy, is the entire and exclusive understanding and agreement between you and AFA Protective Systems, Inc. regarding your participation in the Program and your use of the Website. You may not assign or transfer this Agreement or your rights under this Agreement, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign this Agreement at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of this Agreement, or any provision this Agreement, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in this Agreement is for convenience only and will not have any impact on the interpretation of any provision. If any part of this Agreement is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect. Upon termination of this Agreement, Sections 2 through 9, the Terms and Conditions, along with the Privacy Policy and any other accompanying agreements, will survive.