For California Consumers

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Referral Program Membership Agreement

By activating your membership in our Referral program and becoming a referring member, you understand and agree to the following terms and conditions, with no exceptions:

Qualifying products
These are the only products on which referral commissions are paid. We reserve the right to change these products (add new products, remove existing products, etc.) at anytime and for any reason, and without prior notice to you. Even though you can count on products currently qualifying for referral commissions, it's possible for us to go out of stock for any model at any given time, or release new products, etc. thus affecting which products are available for sale and qualify for referral commissions. When qualifying products change, we will provide you with an updated product list, usually via e-mail.

Currently, only the following products if purchased will generate referral commissions:

Trade-in orders and/or other orders which include any additional discount(s) over and above the sale price of the unit do not qualify for referral commissions. Any of the above products must be purchased at its regular or sale price as listed on this web site at the time of purchase, and not lower than the sale price, to generate referral commissions for the referring partner.

Referral commissions
If your customer calls us directly and places an order, or places an order for any qualifying product(s) directly on our web site, we will pay you a one-time only $100 flat referral commission fee for that customer, regardless of the number of products included in the original order, or if same customer purchases more products in the future. With every order we get, we automatically check our referral database of registered referrers (you will be one of them) and if the order came from your referral, you will be paid $100 one-time only for each customer you refer, on their first order. You must instruct all of your referrals to give us YOUR referring member name (as we have it registered on file), so that we could identify the order came from your referral and assign the commission to you! If the customer orders on our web site, there is a "Comments" section, where they can enter your information. If the order is placed by phone, they should give us your name as the referrer. Otherwise, we will have no way of knowing the order came from your referral. If your customer purchases any non-qualifying product(s), no referral commission will be generated or paid.

Payment of referral commissions
Applicable commission fees for qualifying product orders resulting from your referrals will be paid to you as a referring member once a month, usually at the end of the month, for the previous month in which such commissions were generated, via a credit onto your CC if one is on file, or via PayPal. All referral commissions accrued will be paid out in the month, following the expiration of customer's 30-day trial period, provided the customer has kept the product. In case of product return during customer's 30-day trial period, the referral commission will not be paid to you for the customer who has returned the order.

To be eligible for any commissions, a referring member must be in active status at the time the order(s) resulting in commission(s) had been generated and scheduled to be paid out. Active status means referring member has not cancelled their membership or did not have his/her membership revoked or suspended, and is in good standing with the company.

Referral fee adjustment
Referral commission fee is currently set at $100, however we reserve the right to change the referral fee at anytime for any reason, and without prior notice to you. Even though you can count on stable referral fee structure, as market conditions change and costs to operate business change over time, so could the referral commission fee increase or decrease proportionally. When referral commission fees change, we will provide you with updated fee schedule, usually via e-mail.

Referral program cancellation/suspension
You can cancel your referring membership at anytime and for any reason by providing us with such intent in writing, via e-mail or mail. Once you have received our written confirmation via e-mail or mail, as of that point your membership will be cancelled. We can also cancel or temporarily suspend your membership at anytime and for any reason by providing you with such intent in writing, via e-mail or mail. The day such notice is sent to you is considered cancellation or suspension day, whether you receive such notice or not. That's why it's important that you help us keep accurate records and update your contact information accordingly if it changes.

If your referring membership has been suspended, then you will have a period of 30 days from the day it was suspended to reinstate the membership by taking a corrective action to whatever reason that prompted the suspension. If you do not take such action within 30 days of suspension, your membership will be cancelled.

LEGAL

Product claims
Do NOT make claims about our products, which are not true or cannot be supported! Understand that our products are NOT medical devices, and are NOT intended to treat or cure any disease or medical condition, and we cannot and do not claim that they do! Our air purifiers are designed to clean the air only, and improvement in health many people are experiencing with the use of our products may or may not be related to the air purifier.

Advertising/Media
You agree to promote our products via ethical means only! In addition, paid and free advertising of our products is prohibited to referring members. Approved advertising is only open to Dealers and Affiliates! If you wish to promote our products via means other than word of mouth, please consider joining our Dealership program. If you wish to promote our products online, then please consider joining our Affiliate program in addition to or in place of our Referral program.

Trademarks, Trade Names & Patents, Copyrighted Materials
You hereby recognize our sole right of ownership of all Trademarks, Trade Names, Patents, and Copyrighted Materials associated with our business and this Referral program. You will act consistently with these rights and act to preserve them in the course of promoting our products.

This agreement may be modified
We reserve the right to change any of the terms and conditions in this agreement, at any time and in our sole discretion, by posting a new agreement on our web site.

Acceptance into our Referral membership program
We reserve the right NOT to accept your application for any reason whatsoever, with or without any explanation to you, and without incurring any liability for such action. Regardless of your acceptance into our Referral program, we may terminate this Agreement with you for any reason at any time, by cancelling your membership, as stated in cancellation/suspension section above.

Dissemination of privileged information
You agree that any and all information, training, materials and any other data that may be provided to you while you are an active referring member remains our property and is licensed to you only for the purposes of helping you refer customers to our company. You agree to use this information accordingly only for such purpose, and not to use or disclose any or all of this information, training, materials and any other data when you're no longer involved with our company as a referring member.

Income Disclaimer
Any and all claims or representations seen on this web site, as to income earnings, are not to be considered as average earnings. Other referring members' testimonials are not representative. Any earnings or income statements, or earnings or income examples, are only estimates of potential earnings or income we think you could earn. Monetary and income results may vary and are based on many factors beyond our control. We have no way of knowing how well you will do, as we do not know you, your background, your work ethic, or your skills or practices. Therefore we cannot and do not guarantee or imply that you will get rich or will make any money at all. The amount of money you will make with our Referral program will be directly proportionate to your own efforts, and you accept the fact that you may not earn any income at all.

By participating in our Referral program, you unconditionally agree that our company is not responsible for the success or failure of your referral venture and/or decisions relating to any information presented by our company, or our company products or services. If you're not sure whether our Referral program is for you or not, before joining the program you are advised to seek counsel of a qualified professional to help you make a decision. All disclosures and disclaimers made herein or on our site, apply equally to any offers, prizes, or incentives that may be made by our company.

Warranty Disclaimer
EnviroQuest International makes no warranties, representations, or conditions with regard to the Referral program or, except as expressly set forth in EnviroQuest International then current product sales policies, any products sold thereunder, whether express or implied, arising by law or otherwise, including without limitation any implied warranty or merchantability or fitness for a particular purpose or non-infringement or any implied warranty arising out of course of performance, course of dealing or usage of trade.

Limitation of Damages
EnviroQuest International and its subsidiaries shall have no liability for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or with respect to this agreement or the program, even if EnviroQuest International has been advised of the possibility of such damages. Further, EnviroQuest International and its subsidiaries aggregate liability arising under or with respect to this agreement or the program shall in no event exceed the total commission fees paid or payable by EnviroQuest International to referring member under this agreement. Further, should a dispute arise, if it cannot be settled peacefully by direct communication, it will then be settled through the process of mediation, whereby both parties reach an agreement. The place for mediation will be chosen by EnviroQuest International.

Should EnviroQuest International or its subsidiaries face any legal fees and/or challenges as a result of referring member's unlawful practice of any kind, the referring member agrees to reimburse our company for any such legal fees and/or challenges, and referring member agrees to hold himself or herself fully accountable for referring member's unlawful actions that resulted in any damages to the company.

Miscellaneous
Referring member and EnviroQuest International are independent contractors and nothing in this agreement is intended to or will create any form of partnership, joint venture, agency, franchise, sales representative or employment relationship between the parties. Referring member shall not assign this Agreement, by operation of law or otherwise, without the prior written consent of EnviroQuest International. Subject to the foregoing restriction, this agreement is binding upon, insures to the benefit of and is enforceable by the parties and their respective successors and assigns.

Governing Law
This agreement shall be governed by the laws of the United States without reference to its choice of law principles.