The Brand Champion Program
You love Sword & Plough and we love you! The Sword & Plough Brand Champion Program is an entrepreneurial opportunity for our most passionate fans and supporters to spread Sword & Plough’s mission within their communities while earning sales commissions!
We are currently hiring for the Brand Champion position which is a remote, part-time sales role. Our Brand Champion Program is a grassroots way for you to bring Sword & Plough to the heart of your community, expand S&P’s impact, and for us to give back to you, our amazing supporters.
WHAT YOU WILL DO
+ Spread the word about Sword & Plough in your community, family, base/campus, and social media networks
+ Sport your S&P gear
+ Be an active member of the Sword & Plough Community
+ Be a supportive champion for veterans
+ IMPACT: Bring social and environmental change to the heart of your community.
+ COMMUNITY: Join the Sword & Plough Community -- Our Brand Champions are change-makers, doers and impacting members of their community from all over America. Get involved and supported through our Brand Champion Community. You may even be able to attend our local S&P meetups.
+ SWAG: Rock your S&P shirt, and earn fun S&P gear through achieving goals. As an S&P Brand Champion, you get access to exclusive discounts and flash sales.
+ PERSONAL COACHING: We are committed to supporting you in your role on our team! That’s why we have a Community Programs Manager dedicated to making your experience fun, successful and lasting.
+ BE AN INSIDER: As an S&P Brand Champion, you are the first to hear of any exciting S&P update, new product, sale, promotion, or newsflash.
+ EARN MONEY: As an S&P Brand Champion, you start out earning commission on all sales you initiate, with room for rapid growth.
+ FIRST DIBS: Our Brand Champions get first consideration for future career or internship opportunities within Sword & Plough.
FREQUENTLY ASKED QUESTIONSWho is eligible?The program is currently available to any military spouses, veterans, active duty personnel, reserve members and existing Sword & Plough customers.How do I sign up?I just submitted my information, how long will it take to hear back?Due to the high volume of interest, we will be reaching out to applicants in the next 2 weeks.What happens if I am not approved?We are launching with limited spaces available for this program. If you are not approved, we will notify you and you will have the opportunity to reapply in the future.How do we track purchases?Qualified purchases are tracked using discount codes and referral links. Discount codes: Once you are approved, we will provide you with three unique discount codes. It is your responsibility to provide and communicate these discount codes to your customers. When a customer uses one of your unique discount codes, that order will be credited to your account. Referral link: Once you are approved, we will provide you with a unique referral link. When a customer clicks on your link, they are directed to the Sword & Plough website and a small “tracking pixel” is placed on their web browser. This allows us to track their actions while on our website. If the customer makes a purchase within 30 days of clicking on the link, you will receive credit for that purchase. Important privacy note: We can only track a customer’s behavior on OUR site. We do not have access to any other browsing dataWhat is the compensation and how much am I able to earn?Our Brand Champion Program is commission based. You will initially receive 10% of the Net Sales Price on any qualifying purchase. The Net Sales Price” is defined as the final sale price AFTER any discounts are applied and BEFORE tax and shipping charges. For example, if a customer orders a $219 bag using one of your 10% Off codes, you will receive a $19.71 commission (.10 * ($219 * .9)). Once you have generated over $5,999 in Total Net Sales Revenue (defined as the cumulative amount of revenue you have generated for Sword & Plough AFTER any discounts are applied and BEFORE tax and shipping charges), your commission will increase to 15%. After generating $12,000 in Total Net Sales Revenue, your commission will increase to 20%. There is no minimum or maximum cap on the amount of money you can make. The more products you sell, the more revenue you will generate!How and when will I get paid?We pay all affiliates via Paypal. If you do not have a Paypal account, you will need to set one up by visiting www.paypal.com. You will be paid for your qualifying purchases on any given month 30 days after the end of that month.How can I promote Sword & Plough?You can promote Sword & Plough and your coupon codes via email, social media, phone or in-person. Please be sure to carefully read our Brand Champion Agreement, which provides detailed information about United States spam laws. If you are accepted into our Brand Champion Program, you will also receive a detailed Training Manual with promotion advice and guidelines.Are there any costs or fees to sign up?No! Our Brand Champion Program is FREE! We do not require that you pay a subscription fee or any sort of enrollment fee.Do I get any special discounts as a Sword & Plough Brand Champion?Yes! As someone who is representing the Sword & Plough brand, it’s important that you carry our products and we want to help you out with that! There are many product incentives. For example, you will receive a unique 40% Off coupon code, which can be used to purchase ONE Sword & Plough product, after your first $200 in sales. You will receive another unique 40% Off code, which can be used to purchase ONE Sword & Plough product, after you've generated $3,000 in sales.How can I track my sales and commission data?Once you are enrolled in our Brand Champion Program, you can track all your sales and commission payouts by accessing your control panel here: http://www.swordandplough.com/champions/loginI forgot my password, can you help me reset it?To reset your account password, please follow the directions here: www.swordandplough.com/champions/forgot_passwordDo I need to pay taxes on my sales commission revenue?Yes. You are responsible for paying all taxes associated with the income you generate through our program. When you enroll in the Sword & Plough Brand Champion Program you will be asked to submit a W-9 form. If you generate more than $600 in commission revenue by years end, we will send you IRS Form 1099-MISC. Please consult your accountant or financial advisor if you have any additional questions regarding filing taxes.What happens if a customer returns a product?If a customer returns a product for a refund, or if credit card charges are reversed due to a dispute/fraud, your account will be debited the commission. This usually won’t happen (we have a low return rate), but if it does, we will notify you.Am I allowed to be a Sword & Plough Brand Champion if I am on active duty?The decision to engage in off-duty employment is ultimately up to your chain of command. In many cases, it is possible. If you have further questions about how to go about pursuing a role as a Sword & Plough Brand Champion while serving on active duty, please send us an email at firstname.lastname@example.org and we will get back to you within 1-2 business days.I have more questions, can I speak to someone?Yes. Please send us an email at email@example.com and we will get back to you within 1-2 business days.
TERMS AND CONDITIONS
Please read this Brand Champion Program Agreement carefully before you join our Brand Champion Program or begin marketing our Brand Champion Program. By applying to be a Sword & Plough Brand Champion ("Brand Champion"), you (a) agree to abide by these terms and conditions if you are accepted into the Brand Champion Program, (b) acknowledge and agree that these terms and conditions constitute an agreement between us and you upon your acceptance into the Program (the "Agreement"); (c) represent and warrant that you are lawfully able to enter into this Agreement; and (d) acknowledge and agree that you are and will remain in compliance (and will be responsible for assuring that your employees, agents and contractors comply) with the terms and conditions of this Agreement.
As used in this Agreement:
- 1. "Sword & Plough", "we", "us" or "our" refers to Sword & Plough, LLC and/or our website.
- 2. “Parties” refers to the Brand Champion and Sword & Plough, LLC.
- 3. “Terms” refers to the terms of this Agreement.
- 4. "you" or "your" refers to the Brand Champion.
- 5. "our website" refers to all Sword & Plough properties located at http://www.swordandplough.com/.
- 6. "your website" refers to any website, web pages, or other online services that you control and will link to our website.
- 7. "Program" and "Brand Champion Program" refer to the Sword & Plough Brand Champion Program.
- 8. "Products" refers to any products sold or distributed by Sword & Plough
- 9. "Qualifying Purchases" refers to purchases made using your unique referral link and/or discount code.
- 10. “referral code”, “code”, “referral discount codes” and “discount codes” all refer to the unique discount codes you will be issued for the purpose of offering discounts to your users and tracking your qualifying purchases.
- 11. “referral link”, refers to the unique link you will be provided with to track qualifying purchases.
The purpose of this Program is to permit you to advertise our Products and earn commissions for Qualifying Purchases.
In order to be eligible for the Program you must be at least 18 years of age and a US resident. To enroll please complete the entire Sword & Plough Brand Champion Program application. After receiving your application, we will review your submission. If we wish to move forward with your submission, we will reach out to set up a Skype interview. If we do not wish to pursue your application further, we will notify you of your application’s rejection. The initial enrollment process (notification of an interview or rejection) usually takes 2 weeks. Those applicants offered an interview will usually receive notice of final acceptance or rejection within 2-3 business days after the interview.
RIGHTS AND RESTRICTIONS
We reserve the right to accept or reject any Brand Champion we review. Whether we choose to offer you an interview or reject your as an Brand Champion, we will usually notify you by e-mail within 2 weeks. An interview offer does not guarantee acceptance into the program. Sword & Plough will exercise its own discretion during the decision making process and may decide to reject any application as we see fit.
An Brand Champion account may be cancelled by Sword & Plough at any time without cause or reason. We may also cancel your account if you breach these terms or engage in any of the following: defamation, misrepresentation made to us, spam email used to promote the Brand Champion, posting referral codes on unapproved websites, uploading referral codes through the use of unapproved methods, running sites that we feel might bring Sword & Plough disrepute, or violating applicable laws and regulations.
A Brand Champion may cancel his/her account with Sword & Plough at any time without cause or reason. A Brand Champion account belonging to an individual will also terminate automatically upon death of such individual. Brand Champion accounts are non-transferable. The Brand Champion account will belong to the original registered owner until such time as the account is canceled by either party.
ACCOUNT ACCESS AND MANAGEMENT
Upon acceptance into the Sword & Plough Brand Champion Program you will be emailed links, passwords and the related information necessary to gain access to your unique control panel. From there you can manage your account, make updates and track your commissions and payouts.
REFERRAL TRACKING - DISCOUNT CODES
Brand Champions will be issued three unique discount codes (10%, 15% and 20% OFF). Each of these codes is unique to your account. The 10% and 15% OFF coupon codes may be used at your discretion. The 20% OFF coupon code is reserved exclusively for active duty military personnel, veterans and their spouses and CANNOT be given to anyone who does not meet those requirements.
When you use discount codes, these codes will be used to track your sales referrals. It is the Brand Champion’s responsibility to ensure that the appropriate discount code is used by the customer. If a customer does not use the discount code, the purchase cannot be tied to the Brand Champion and the Brand Champion will not receive commission for that sale.
Sword & Plough may modify or discontinue discounts codes at any time upon notice to Brand Champion.
REFERRAL TRACKING - LINK
Upon acceptance into the Program, you will be provided with a unique tracking link. This link redirects to the Sword & Plough website. When a customer clicks on your link, they are directed to the Sword & Plough website and a small “tracking pixel” is placed on their web browser. This allows us to track their actions while on our website. If the customer makes a purchase within 30 days of clicking on the link, you will receive credit for that purchase. After this 30 day period the customer must click on the Brand Champion’s link again in order for a commission to be earned.
Please note that commissions may not be reported if a customer has their cookie protection settings set to a high level. This may block and prevent the necessary cookies from being installed thus preventing the accrual of commissions that you as the Brand Champion may earn.
Sword & Plough is not responsible for sales lost through high security settings, firewall parameters, or any other settings or equipment which prevent the necessary cookies from being installed.
Brand Champions are solely responsible for the development, operation, maintenance and technical operation of their sites including all materials that appear on their sites and related equipment.
When linking to our website, you agree:
- 1. You will only use linking code obtained from the Brand Champion interface without manipulation.
- 2. You will notify us of any websites that your referral link has been posted to.
- 3. Your website will not in any way copy, resemble, or mirror the look and feel of our website. You will also not use any means to create the impression that your website is our website or any part of our website including, without limitation, framing of our website in any manner.
- 4. You may not engage in cookie stuffing or include pop-ups or false/misleading links on your website. In addition, wherever possible, you will not attempt to mask the referring URL information (i.e. the page from where the click is originating).
- 5. Your website may not use redirects to bounce a click off of a domain from which the click did not originate in order to give the appearance that it came from that domain.
If you are found redirecting links to hide or manipulate their original source, your current and past commissions will be voided or your commission level will be set to 0%. This does not include using "out" redirects from the same domain where the referral link is placed.
Brand Champions understand that payment tracking can never be 100% accurate and this may be affected by events beyond our control. Sword & Plough is not responsible for lost commission due to the customer’s failure to use the Brand Champion’s unique discount code or referral link or other events beyond Sword & Plough’s control.
As a Brand Champion, you will be paid a commission for each of your Qualified Purchases made while your account is in effect as follows:
+ For $0 - $5,999 in Total Net Sales Revenue (defined below), you will receive 10% of the Net Sales Price, as defined below
+ For $6,000 - $11,999 in Total Net Sales Revenue, you will receive 15% of the Net Sales Price, as defined below
+ For $12,000 or more in Total Net Sales Revenue, you will receive 20% of the Net Sales Price, as defined below
“Total Net Sales Revenue” is defined as the cumulative amount of revenue you have generated for Sword & Plough AFTER any discounts are applied and BEFORE tax and shipping charges.
“Net Sales Price” is defined as the final sale price AFTER any discounts are applied and BEFORE tax and shipping charges.
All payments will be made via PayPal in US dollars. You will need to create a PayPal account if you do not already have one. Sword & Plough is not responsible for any merchant processing fees that may be assessed by PayPal. Additional information can be found at www.paypal.com.
Payments for Qualifying Purchases concluded each calendar month will be made within 30 days after the end of such month.
The price of our products may change at any time and without notice and there is no guaranteed minimum payment for any Qualifying Purchase.
Sword & Plough is not responsible for sales lost through technical issues such as, service outages, service interruptions, website updates, and server updates.
Brand Champions will not earn commissions on Qualifying Purchases that Sword & Plough determines, in its sole discretion, were (i) generated in violation of this Agreement or applicable laws and regulations, (ii) cancelled or returned by the customer, or (iii) illegitimate or fraudulent, including a purchase made with use of a stolen or unauthorized credit card (collectively, “Invalid Purchases”). If a commission has not yet been paid on an Invalid Purchase, Sword & Plough will void the commission for such Invalid Purchase. If a commission has already been paid on an Invalid Purchase, Sword & Plough may offset the commission on the Invalid Purchase against Brand Champion’s other commissions (or, if no other commissions are payable, Brand Champion shall refund the commissions on Invalid Purchases to Sword & Plough).
Brand Champions are responsible for all taxes as required by any law or regulation. Brand Champions agree, as a condition of payment, to accurately provide all identification and tax information necessary to allow us to comply with legal requirements.
You will be asked to submit a W-9 upon acceptance into the Brand Champion Program and you will be issued a 1099 should your commissions exceed $600 in one calendar year.
Your account will not be activated until a completed W-9 is submitted.
GRANT OF LICENSE AND RESTRICTED USE
Sword & Plough grants you a non-exclusive, non-transferable, revocable right to use our banners, advertisements, links, trademarks, logos, and HTML (“Sword & Plough Property”) solely for the purpose of advertising the Sword & Plough website. Such license shall terminate immediately upon cancellation of your account and you shall cease all use of such Sword & Plough Property and return all of such Sword & Plough Property to Sword & Plough.
Brand Champions are solely responsible for their own advertising, which must be truthful and not deceptive and in compliance with all applicable laws and regulations. You shall not create, publish, distribute, or print any written or visual material that makes reference to Sword & Plough without first submitting that material to us (via firstname.lastname@example.org) and receiving our prior written consent.
It is against applicable federal and state law to engage in certain forms of commercial advertising using emails. If you intend to promote Sword & Plough via e-mail campaigns, you must adhere to the following:
- 1. Send emails only to persons physically located in the United States;
- 2. Send emails only to persons who have affirmatively opted in to receive marketing and promotional emails from you;
- 3. Abide by all applicable laws and regulations, including the CAN-SPAM Act of 2003 (Public Law No. 108-187) and any applicable state laws.
- 4. E-mail must be sent on your behalf and must not imply that the e-mail is being sent on behalf of Sword & Plough.
- 5. Submit e-mail content and source of email list to be used to us for written approval in advance of distribution.
Any Brand Champion found to have sent email in violation of the foregoing email requirements, may, at our discretion, have their account and right to use and/or market our products and services terminated. Any owed commissions will be forfeited to us.
If you wish to promote coupon codes or promotions, you must adhere to all of the following:
- 1. You may ONLY advertise coupon codes or promotions that are provided to you through the Sword & Plough Brand Champion Program or are advertised directly on our website.
- 2. You may ONLY display coupons in their entirety with the full offer, valid expiration date and code.
- 3. You may NOT post any information about how to work around the terms and conditions of a coupon/promotion (e.g., describing how existing customers can qualify as a first time customer to benefit from an offer to first time customers only).
- 4. You may NOT use any technology or technique that conceals or obscures the coupon code such that only an referral link click will reveal the code(s).
- 5. You may NOT advertise coupon codes obtained from our non-Brand Champion advertising materials, e-mail marketing materials, paid advertising campaigns, or any other marketing or campaign.
- 6. You may NOT give the appearance that any offer requires clicking from your website in order to redeem. For example, if all items over $100 on our website have free shipping, you may not turn this into an offer that implies that the customer must click from your website to get this deal.
- 7. You may NOT frame our website within your own. You must link directly to our website.
- 8. You may NOT engage in Cookie Stuffing/Forced Clicks. You must not mislead customers into clicking on an offer or coupon that does not exist or practice similarly deceptive tactics that are generally known as "cookie stuffing or forced clicks." These include, but are not limited to:
- a. Using knowingly expired offers or presenting offers that do not exist or are not Brand Champion offers;
- b. Making claims that a user must click on a link first to activate or receive an offer;
- c. Presenting a button that claims to show all offers that sets the referral cookie in the background; and,
- d. Technology that generates a click or sets the cookie from the action of copying a coupon code or through a pop under.
YOUR WEBSITE RESPONSIBILITIES AND RESTRICTIONS
As a Brand Champion, you are welcome to advertise your 10% or 15% OFF referral codes on your business or personal website. Your 20% OFF code is EXCLUSIVELY RESERVED for active duty personnel, veterans and the spouses of either. If you wish to issue a 20% OFF code to one of these qualifying customers, you must do so through private communication (private email, social media message, phone or in-person). It is your responsibility to verify that the recipient is an active duty member of the military, a veteran, or a spouse of either.
You hereby represent and warrant that you will be solely responsible for your website, including its development, operation and maintenance and all data, content and materials that appear on or within it. Sword & Plough will have no liability (and you shall indemnity and hold us harmless) for any claims, damages, losses, liabilities, fines, penalties, costs and expenses relating to (a) your website or any data, content or materials that appear on your website; (b) the use, development, design, manufacture, production, advertising, promotion or marketing of your website; (c) your use of any content; and (d) your violation of any term or condition of this Agreement.
You and your participating website(s) shall not:
- 1. Infringe on our or any anyone else’s intellectual property, publicity, privacy or other rights.
- 2. Violate or be used to violate any law, rule or regulation.
- 3. Contain or use any content that is threatening, harassing, defamatory, obscene, harmful to minors, or contains nudity, pornography or sexually explicit materials.
- 4. Contain or use any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to or may damage, interfere with, surreptitiously intercept or expropriate any system, data, or personal information.
- 5. Contain software or use technology that attempts to intercept, divert or redirect Internet traffic to or from any other website, or that potentially enables the diversion of Brand Champion commissions from another website.
- 6. Attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to our website, user accounts, or the technology and equipment supporting our website.
- 7. Use any of our trademarked terms (Sword & Plough or Repurposed for a Purpose) or any variation of those terms as part of the domain or sub-domain. E.g., swordandplough.website.com or swordandplough-discounts.com, etc...
- 8. Violate any of our other policies.
Promotion on Facebook, Twitter, and other social media platforms is permitted following these general guidelines:
- 1. You ARE allowed to post your referral link on your own Facebook, Twitter, etc. pages.
- 2. You ARE allowed to promote offers to your own fans/followers; more specifically, you are welcome to use your 10% and 15% OFF referral discount codes on your own Facebook, Twitter, etc. pages. For example: You may post, "15% off Sword & Plough with code XYZ15"
- 3. You ARE PROHIBITED from posting your 20% MILITARY DISCOUNT referral code on social media. This code should only be given out to active duty personnel, reservists, members of the national guard, veterans and military spouses.
- 4. You ARE PROHIBITED from posting your referral discount codes on Sword & Plough’s social media pages.
- 5. You ARE PROHIBITED from running paid advertisements on our social media platforms using our trademarked terms (“Sword & Plough” + “Repurposed for a Purpose”).
PAY PER CLICK PROHIBITION
You ARE NOT allowed to participate in Pay Per Click ("PPC") advertising.
COMPLIANCE WITH LAWS
In connection with your participation in the Program, you agree to comply with all applicable laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions and other requirements of any governmental authority that has jurisdiction over you, including without limitation laws (federal, state or otherwise).
You shall comply with all FTC guidance and regulations related to advertising disclosure requirements, including, but not limited to the following:
- + Disclosures must be located as close as possible to the claims.
- + Disclosures should be placed above the fold; scrolling should not be necessary to find the disclosure. (e.g., the disclosure should be visible before the jump).
- + Pop-up disclosures are prohibited.
The ability to advertise our products and services as an Brand Champion is nonexclusive and revocable at our discretion for any or no reason.
As a Brand Champion, you are acting exclusively as an independent contractor, and are not an employee or agent. Nothing in this Agreement or our Brand Champion Program shall create a partnership, joint venture, agency, or franchise between the parties. Brand Champions shall not sign any document in our name or on our behalf, nor shall any Brand Champion hold itself out as being our agent or as having apparent authority to contract for or bind us to any contract.
TERMINATION OR REVISION OF THE Brand Champion Program
We reserve the right to terminate or revise the Program at any time, including by notifying you by email or posting on the website for the Program. If we post on the website, you will be bound by such posting by continuing to use the Program.
LIMITATION OF LIABILITY
YOU AGREE THAT WE AND OUR AFFILIATES, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, OWNERS, AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING LOSS OF REVENUE, PROFITS, GOODWILL, USE OR DATA) ARISING IN CONNECTION WITH THIS AGREEMENT, THE PROGRAM, THE DOCUMENTATION, OUR WEBSITE, YOUR ACTIVITIES IN CONNECTION WITH THIS AGREEMENT (INCLUDING ANY DAMAGES OR CLAIMS RESULTING FROM DIGITAL OR IN-PERSON EVENTS OR MARKETING ACTIVITIES), OR THE SERVICE OFFERINGS (AS DEFINED BELOW), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES; FURTHER, TO THE FULLEST EXTENT POSSIBLE BY LAW, OUR AGGREGATE MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED THE TOTAL FEES PAID OR PAYABLE TO YOU UNDER THIS AGREEMENT IN THE SIX MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE EVENT GIVING RISE TO THE MOST RECENT CLAIM OF LIABILITY OCCURRED.
You agree to defend, indemnify, and hold harmless us and our affiliates, managers, officers, employees, agents, partners, owners and licensors from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from any breach of this Agreement or any activity arising in connection with your use of our website or service offerings.
THE PROGRAM, OUR WEBSITE, ANY PRODUCTS AND SERVICES OFFERED ON OUR WEBSITE, ANY SPECIAL LINKS, LINK FORMATS, OPERATIONAL DOCUMENTATION, CONTENT, SWORDANDPLOUGH.COM DOMAIN NAME, OUR AND OUR AFFILIATES’ TRADEMARKS AND LOGOS (INCLUDING TRADEMARKED TERMS), AND ALL TECHNOLOGY, SOFTWARE, FUNCTIONS, MATERIALS, DATA, IMAGES, TEXT, AND OTHER INFORMATION AND CONTENT PROVIDED OR USED BY OR ON BEHALF OF US OR OUR AFFILIATES OR LICENSORS IN CONNECTION WITH THE PROGRAM (COLLECTIVELY THE "SERVICE OFFERINGS") ARE PROVIDED "AS IS" AND "AS AVAILABLE." NEITHER WE NOR ANY OF OUR AFFILIATES, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, OWNERS, PARTNERS, AND LICENSORS MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE WITH RESPECT TO THE PRODUCTS OR SERVICE OFFERINGS. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, WE AND OUR AFFILIATES, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, OWNERS, PARTNERS, AND LICENSORS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SERVICE OFFERINGS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. WE MAY DISCONTINUE ANY SERVICE OFFERING, OR MAY CHANGE THE NATURE, FEATURES, FUNCTIONS, SCOPE, OR OPERATION OF ANY SERVICE OFFERING, AT ANY TIME AND FROM TIME TO TIME. NEITHER WE NOR ANY OF OUR AFFILIATES, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, OWNERS, AND LICENSORS WARRANT THAT THE SERVICE OFFERINGS WILL CONTINUE TO BE PROVIDED, WILL FUNCTION AS DESCRIBED, CONSISTENTLY OR IN ANY PARTICULAR MANNER, OR WILL BE UNINTERRUPTED, ACCURATE, ERROR FREE, OR FREE OF HARMFUL COMPONENTS. NEITHER WE NOR ANY OF OUR AFFILIATES, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, OWNERS, AND LICENSORS WILL BE RESPONSIBLE FOR (A) ANY ERRORS, INACCURACIES, OR SERVICE INTERRUPTIONS, INCLUDING POWER OUTAGES OR SYSTEM FAILURES; OR (B) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF, OR DELETION, DESTRUCTION, DAMAGE, OR LOSS OF, YOUR SITE OR ANY DATA, IMAGES, TEXT, OR OTHER INFORMATION OR CONTENT. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US OR FROM ANY OTHER PERSON OR ENTITY OR THROUGH THE PROGRAM, THIS AGREEMENT, PROGRAM CONTENT, OPERATIONAL DOCUMENTATION, OR OUR WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. FURTHER, NEITHER WE NOR ANY OF OUR AFFILIATES, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, OWNERS, AND LICENSORS WILL BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH (X) ANY LOSS OF PROSPECTIVE PROFITS OR REVENUE, ANTICIPATED SALES, GOODWILL, OR OTHER BENEFITS, (Y) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH THIS AGREEMENT OR YOUR PARTICIPATION IN THE PROGRAM, OR (Z) ANY TERMINATION OR MODIFICATION OF THE PROGRAM, THIS AGREEMENT OR YOUR PARTICIPATION IN THE PROGRAM.
ARBITRATION, CLASS WAIVER, AND WAIVER OF JURY TRIAL
You and Sword & Plough mutually agree to resolve any disputes between you and Sword & Plough, including any disputes involving your use of the Services, exclusively through final and binding arbitration before a single arbitrator instead of filing a lawsuit in court. This arbitration agreement is governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16).
If either party wishes to initiate arbitration, the initiating party must notify the other party in writing via certified mail, return receipt requested, or hand delivery within the applicable statute of limitations period. This demand for arbitration must include (1) the name and address of the party seeking arbitration, (2) a statement of the legal and factual basis of the claim, and (3) a description of the remedy sought. Any demand for arbitration by you must be delivered to Sword & Plough LLC, 164 South Humboldt St., Denver, CO 80209 Attn: Legal Department.
CLASS ACTION WAIVER: You and Sword & Plough mutually agree that by entering into this agreement to arbitrate, both waive their right to have any dispute or claim brought, heard or arbitrated as a class action, collective action and/or representative action, and an arbitrator shall not have any authority to hear or arbitrate any class, collective or representative action ("Class Action Waiver"). Notwithstanding any other clause contained in this Agreement or the JAMS Rules, as defined below, any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
Any arbitration shall be governed by the JAMS Comprehensive Arbitration Rules and Procedures ("JAMS Rules"), except as follows:
- + The arbitration shall be heard by one arbitrator selected in accordance with the JAMS Rules. The arbitrator shall be an attorney with experience in the law underlying the dispute.
- + The location for the arbitration shall be Denver, Colorado, unless the parties otherwise agree on another location.
- + Unless applicable law provides otherwise, as determined by the arbitrator, the parties agree to equally share all of the arbitrator’s fees and costs.
- + The arbitrator may issue orders (including subpoenas to third parties) allowing the parties to conduct discovery sufficient to allow each party to prepare that party’s claims and/or defenses, taking into consideration that arbitration is designed to be a speedy and efficient method for resolving disputes.
- + Except as provided in the Class Action Waiver, the arbitrator may award all remedies to which a party is entitled under applicable law and which would otherwise be available in a court of law, but shall not be empowered to award any remedies that would not have been available in a court of law for the claims presented in arbitration.
- + The arbitrator may hear motions to dismiss and/or motions for summary judgment and will apply the standards of the Federal Rules of Civil Procedure governing such motions.
- + The arbitrator’s decision or award shall be in writing with findings of fact and conclusions of law.
- + Either party may apply to a court of competent jurisdiction for temporary or preliminary injunctive relief on the ground that without such relief the arbitration may be rendered ineffectual.
The JAMS Rules may be found at www.jamsadr.com or by searching for "JAMS Comprehensive Arbitration Rules and Procedures" using a service such as www.Google.com or www.Bing.com.
Other than the arbitration agreement provided herein, this Agreement shall be construed and governed by the laws of the State of Colorado, without regard to principles of conflicts of laws. To the extent that any lawsuit is permitted under this Agreement, the parties hereby submit to the personal jurisdiction of, and agree that any legal proceeding with respect to or arising under this Agreement shall be brought solely in the state or federal courts located in the County of Denver, Colorado. Notwithstanding anything to the contrary in this Agreement, we may seek injunctive or other relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of our or any other person or entity’s intellectual property or proprietary rights. You further acknowledge and agree that our intellectual property and proprietary rights are of a special, unique, extraordinary character, giving them peculiar value, the loss of which cannot be readily estimated or adequately compensated for in monetary damages.
SWORD & PLOUGH MAY UPDATE THE TERMS OF THIS AGREEMENT FROM TIME TO TIME BY PUBLISHING A NEW VERSION ON OUR WEBSITE OR BY SENDING NOTICE OF ANY MODIFICATIONS TO YOU VIA EMAIL TO THE EMAIL ADDRESS CURRENTLY ASSOCIATED WITH YOUR BRAND CHAMPION ACCOUNT (AND SUCH CHANGE BY EMAIL WILL BE EFFECTIVE ON THE DATE SPECIFIED IN SUCH EMAIL AND WILL IN NO EVENT BE LESS THAN TWO DAYS AFTER THE DATE THE EMAIL IS SENT). BY CONTINUING TO PARTICIPATE IN THE PROGRAM FOLLOWING OUR POSTING OF ANY CHANGE NOTICE, REVISED AGREEMENT, OR REVISED DOCUMENTATION, YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT, AS AMENDED BY ANY SUCH CHANGE NOTICE, REVISED AGREEMENT, OR REVISED DOCUMENTATION, AND YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, AND HEREBY REPRESENT AND WARRANT THAT YOU WILL REMAIN IN COMPLIANCE WITH THIS AGREEMENT. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT BY NOTIFYING SWORD & PLOUGH.
IF ANY PROVISION OF THIS AGREEMENT SHALL BE UNLAWFUL, VOID OR FOR ANY REASON UNENFORCEABLE, THEN THAT PROVISION SHALL BE DEEMED SEVERABLE FROM THIS AGREEMENT AND SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF ANY REMAINING PROVISIONS.
NO WAIVER OF ANY PROVISION OF THIS AGREEMENT BY US SHALL BE DEEMED A FURTHER OR CONTINUING WAIVER OF SUCH PROVISION OR ANY OTHER PROVISION, AND OUR FAILURE TO ASSERT ANY RIGHT OR PROVISION UNDER THIS AGREEMENT SHALL NOT CONSTITUTE A WAIVER OF SUCH RIGHT OR PROVISION.
THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT AND UNDERSTANDING BETWEEN YOU AND SWORD & PLOUGH WITH RESPECT TO THE SUBJECT MATTER HEREIN AND SUPERSEDES ALL PRIOR WRITTEN AND ORAL AGREEMENTS, DISCUSSIONS OR REPRESENTATIONS BETWEEN US.
Sword & Plough
1800 W. Oxford Ave. Unit G
Englewood, CO 80110
© 2016 Sword & Plough
You can email us at email@example.com with any specific questions.
We typically respond within 1-2 business days.
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