LunchEAZE Ambassador Terms

Effective Date: The date this page was last modified. ReliantEMS Corp ("LunchEAZE," "we," "us," or "our") may modify these Ambassador Terms at any time, and the most current version supersedes all prior versions. Your continued participation in the Ambassador Program after a modification takes effect constitutes your acceptance of the modified terms.

By submitting an application to become a LunchEAZE Ambassador, by accepting an Ambassador code that we issue to you, or by sharing or otherwise using your Ambassador code, you (the "Ambassador") agree to be bound by these Ambassador Terms (the "Terms"), our Terms and Conditions, our Privacy Policy, and all other policies posted on Luncheaze.com (collectively, the "Policies"), each as they may be updated from time to time. If you do not agree, do not apply for, accept, or use an Ambassador code.

1. Eligibility

To participate in the Ambassador Program, you must be (a) at least eighteen (18) years of age or the age of majority in your jurisdiction of residence, whichever is greater; (b) a legal resident of a jurisdiction in which LunchEAZE sells and ships products and where the Ambassador Program is not prohibited or restricted; (c) able to enter into a legally binding agreement; and (d) not barred from participating under any applicable law. Each Ambassador may hold only one (1) active Ambassador code at any time, registered to one (1) unique email address that you control. We may, at our sole discretion, require verification of your identity, age, residence, or other eligibility criteria as a condition of continued participation, and may suspend or terminate your participation if you fail to provide requested verification.

2. The Ambassador Program

The Ambassador Program (the "Program") is a customer referral arrangement under which we issue you a unique discount code (your "Ambassador code") that you may share with prospective customers. When a qualifying customer redeems your Ambassador code at checkout on Luncheaze.com, the customer may receive a discount on eligible products as configured by us from time to time, and you may earn a referral reward in the form of LunchEAZE store credit (a "Reward"), subject to the terms below. The Program does not create an employment, agency, joint venture, partnership, or franchise relationship of any kind between you and LunchEAZE. You are an independent participant in a discretionary marketing program, not an employee, agent, contractor, or representative of LunchEAZE, and you have no authority to bind LunchEAZE to any obligation, statement, or representation.

3. Acceptable Use of Your Ambassador Code

You agree to use your Ambassador code only for lawful and ethical purposes and only in a manner that is consistent with these Terms. You may share your Ambassador code with friends, family members, followers, customers, and members of the general public who you reasonably believe would be interested in LunchEAZE products, through your personal social media accounts, in person, in printed materials you create at your own expense, and through any other channel that is consistent with these Terms and applicable law. You may not (a) post your Ambassador code on coupon-aggregation websites, discount-code databases, or comparable third-party websites whose primary purpose is to redistribute discount codes, (b) embed your Ambassador code in paid advertising on Google, Bing, Meta, TikTok, YouTube, Pinterest, or any comparable platform without our prior written authorization, (c) bid on the keyword "LunchEAZE" or any variation thereof in any paid search platform, (d) misrepresent your relationship with LunchEAZE, including by claiming to be an employee, agent, official partner, or authorized retailer of LunchEAZE, (e) make false, misleading, deceptive, or unsubstantiated statements about LunchEAZE, our products, our services, or our competitors, (f) use any unsolicited e-mail messaging, SMS messaging, robocalls, comment-spam, or other communications that violate any anti-spam or telecommunications law, including the U.S. CAN-SPAM Act and the U.S. Telephone Consumer Protection Act, (g) target minors or otherwise direct promotion to persons who are not legally able to enter into a transaction with LunchEAZE, or (h) engage in any practice that, in our reasonable judgment, is harmful or potentially harmful to the LunchEAZE brand or to LunchEAZE customers.

4. Federal Trade Commission and Other Disclosure Obligations

If you are a resident of the United States, the U.S. Federal Trade Commission ("FTC") requires that you clearly and conspicuously disclose your material connection to LunchEAZE in every public endorsement or testimonial that you make in connection with the Program. A "material connection" includes the fact that you receive Rewards when customers use your Ambassador code. You agree to comply with the then-current FTC Endorsement Guides (currently codified at 16 C.F.R. Part 255) and any successor guidance, including by disclosing your connection in a manner that is clear, conspicuous, and not buried in fine print or hashtags. If you are resident outside the United States, you agree to comply with the analogous laws, regulations, and guidance of your jurisdiction of residence governing endorsements, testimonials, and influencer marketing.

5. Self-Use of Your Ambassador Code

You may not use your own Ambassador code on any order that you yourself place, including any order placed using any email address, payment method, billing address, or shipping address that is associated with you, your household, or any person or entity acting on your behalf. Orders that, in our reasonable judgment, are placed by an Ambassador using that Ambassador's own code may be cancelled, may not generate a Reward, may result in a clawback of any Reward already issued, and may result in immediate termination from the Program. The Ambassador Program is a referral program. Your Ambassador code is for use by other customers whom you refer to LunchEAZE, not for use on your own purchases.

6. Rewards and Payout

Rewards are earned only on qualifying customer orders that we, in our sole and reasonable discretion, determine to be eligible. The amount of each Reward is set by us from time to time and may vary by product, by promotional period, by Ambassador tier, by geography, or by other factors. We may modify Reward amounts, eligibility criteria, payout cadence, payout method, eligible products, and any other aspect of the Reward structure at any time, prospectively. Reward amount changes do not retroactively affect Rewards already earned on orders that were placed prior to the change.

An order is "qualifying" only if it (a) was placed by a customer other than you, (b) has been completed and the underlying funds received and recognized by LunchEAZE, (c) has remained in completed status for the time period we then-currently require before Rewards are released, (d) has not been refunded, cancelled, charged-back, or otherwise reversed during that holding period, (e) included a product on which a Reward is then-currently offered, and (f) was not, in our reasonable judgment, the subject of fraud, abuse, self-use, or any violation of these Terms. We reserve the right to delay, reduce, withhold, or revoke Rewards on any order that we reasonably believe does not meet these criteria.

Rewards are issued exclusively in the form of LunchEAZE store credit loaded onto a virtual gift card issued in your name. Store credit may be redeemed only on Luncheaze.com, may not be redeemed for cash, may not be transferred or assigned to any other person, may not be combined with certain other promotions as we may specify, and is subject to the terms governing LunchEAZE gift cards. We are not obligated to provide any payout in any other form, including cash, check, electronic funds transfer, cryptocurrency, or merchandise.

Store credit may carry an expiration date or be subject to dormancy as permitted by applicable law. We will use commercially reasonable efforts to keep your store credit balance accurate and accessible to you through the Ambassador dashboard, but we make no warranty as to the continuous availability of any specific Reward, Reward amount, or payout method.

7. Taxes

You are solely responsible for determining what, if any, taxes apply to Rewards that you receive in connection with the Program and for reporting and remitting any such taxes to the appropriate tax authority. We do not provide tax advice. If applicable law requires us to issue you a tax form, such as a U.S. Internal Revenue Service Form 1099, or to withhold any amount from your Rewards, you agree to provide us with any information that we reasonably require, including a completed Form W-9 or Form W-8 (as applicable), in order to comply with that obligation. We may delay or withhold Rewards pending receipt of any required tax information.

8. Intellectual Property

LunchEAZE, the LunchEAZE logo, and all other LunchEAZE names, marks, designs, product photographs, marketing copy, slogans, and other branded materials are the property of ReliantEMS Corp or its affiliates, and are protected by U.S. and international intellectual property laws (the "LunchEAZE IP"). For the limited purpose of promoting LunchEAZE products in compliance with these Terms, we grant you a personal, limited, non-exclusive, non-transferable, royalty-free, revocable license during your participation in the Program to use the LunchEAZE IP that we make available to you through the Ambassador dashboard or otherwise expressly authorize you to use, solely in the form that we provide and without modification.

You may not (a) modify or create derivative works of any LunchEAZE IP, (b) use any LunchEAZE IP in any way that suggests an endorsement, sponsorship, or affiliation that is not factually accurate, (c) use any LunchEAZE IP in any context that is unlawful, defamatory, obscene, or otherwise inconsistent with the LunchEAZE brand image, (d) register or attempt to register any LunchEAZE IP, any confusingly similar mark, or any domain name containing any LunchEAZE IP or confusingly similar string, (e) remove, obscure, or alter any trademark, copyright, or other proprietary notice on any LunchEAZE IP, or (f) sub-license any LunchEAZE IP to any third party.

To the extent that you create any content that incorporates LunchEAZE IP in connection with the Program, including social media posts, photographs, videos, written reviews, and similar materials, you grant LunchEAZE and our affiliates a perpetual, irrevocable, worldwide, royalty-free, sub-licensable, transferable license to use, reproduce, modify, adapt, publish, translate, distribute, publicly display, publicly perform, and otherwise exploit such content in any media now known or later developed, in connection with the marketing and operation of LunchEAZE and its products. You represent and warrant that you have all rights necessary to grant the foregoing license, and that the content you create does not infringe any third party's rights.

9. Confidentiality

In connection with the Program, you may receive information that is not generally known to the public, including information about Reward amounts, eligibility criteria, internal program rules, unannounced promotions, unreleased products, product roadmaps, supplier information, customer information, and similar non-public information ("Confidential Information"). You agree to (a) hold all Confidential Information in strict confidence, (b) use Confidential Information only for the purpose of participating in the Program, (c) not disclose any Confidential Information to any third party other than as expressly authorized by us in writing, and (d) protect Confidential Information using at least the same degree of care that you use to protect your own confidential information of similar sensitivity, and in no event less than a reasonable degree of care. Confidential Information does not include information that you can demonstrate was already known to you on a non-confidential basis before disclosure, was independently developed by you without reference to Confidential Information, becomes publicly known through no fault of yours, or is rightfully received from a third party without a duty of confidentiality.

10. Customer Information and Privacy

If you come into possession of any LunchEAZE customer's personal information, including names, email addresses, telephone numbers, postal addresses, payment information, order history, or any other information that identifies or could reasonably be linked to a customer, you agree to (a) use such information solely for the purpose of fulfilling your obligations under these Terms, (b) not contact any LunchEAZE customer in any manner that violates applicable law or that the customer has not consented to, (c) not retain such information longer than necessary, and (d) treat such information in accordance with all applicable privacy and data-protection laws, including the U.S. CAN-SPAM Act, the U.S. Telephone Consumer Protection Act, the California Consumer Privacy Act, the EU General Data Protection Regulation, and any successor or analogous laws of any jurisdiction. Your use of any personal information collected through your own channels is also subject to our Privacy Policy.

11. Account, Email, and Code Security

You are responsible for maintaining the confidentiality and security of (a) the email address that you registered with the Program, (b) your Ambassador code, and (c) any credentials, access tokens, or links that we provide to you in connection with the Program. You are responsible for all activity occurring under your email address or Ambassador code, including any unauthorized activity that results from your failure to secure your account. You agree to promptly notify us if you become aware of any unauthorized use of your Ambassador code or any other security breach affecting your participation in the Program.

12. Suspension, Termination, and Clawback

We may, at any time and at our sole discretion, with or without cause and with or without notice, (a) suspend or terminate your participation in the Program, (b) deactivate or revoke your Ambassador code, (c) reissue your Ambassador code with a new value, (d) withhold, reduce, reverse, or claw back any Reward that we believe was earned in violation of these Terms or our Policies, or that has not yet satisfied all qualification criteria, (e) refuse to issue any future Rewards to you, and (f) zero out any unredeemed store-credit balance issued under the Program. We may take any such action immediately upon a violation of these Terms, upon detection of fraud or abuse, upon a determination that your continued participation creates a legal, reputational, or operational risk for LunchEAZE, or for any other reason we deem appropriate.

You may terminate your participation in the Program at any time by notifying us in writing at the email address listed below. Upon termination by either party, (a) the license granted to you to use the LunchEAZE IP terminates immediately, (b) you must promptly stop sharing your Ambassador code and remove your code from any platform or material where you have posted it, (c) any unredeemed store-credit balance remains spendable for ninety (90) days after termination, after which we may, at our discretion, zero out any remaining balance unless prohibited by applicable law, and (d) the provisions of Sections 7 (Taxes), 8 (Intellectual Property), 9 (Confidentiality), 10 (Customer Information and Privacy), 13 (Disclaimer of Warranties), 14 (Limitation of Liability), 15 (Indemnification), 16 (Governing Law and Disputes), and 17 (Miscellaneous) survive termination.

13. Disclaimer of Warranties

THE AMBASSADOR PROGRAM IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, OR UNINTERRUPTED OR ERROR-FREE OPERATION. WE DO NOT WARRANT THAT YOUR PARTICIPATION IN THE PROGRAM WILL PRODUCE ANY PARTICULAR INCOME, AUDIENCE, OR RESULT. ANY EXAMPLE EARNINGS THAT WE MAY DISCLOSE FROM TIME TO TIME ARE FOR ILLUSTRATIVE PURPOSES ONLY AND ARE NOT A GUARANTEE OF YOUR RESULTS. WE MAKE NO WARRANTY REGARDING THE CONTINUOUS AVAILABILITY OF THE PROGRAM, OF YOUR AMBASSADOR CODE, OF THE AMBASSADOR DASHBOARD, OR OF ANY PRODUCT.

14. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RELIANTEMS CORP, ITS AFFILIATES, OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFIT, REVENUE, GOODWILL, DATA, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THE PROGRAM, YOUR AMBASSADOR CODE, ANY REWARDS, ANY CONTENT YOU CREATE OR DISTRIBUTE, OR THESE TERMS, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY TO YOU UNDER OR IN CONNECTION WITH THE PROGRAM SHALL NOT EXCEED THE TOTAL AMOUNT OF REWARDS YOU EARNED UNDER THE PROGRAM IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED U.S. DOLLARS ($100), WHICHEVER IS GREATER. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE FOREGOING MAY NOT APPLY TO YOU.

15. Indemnification

To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless ReliantEMS Corp, its affiliates, and each of their directors, officers, employees, and agents from and against any and all claims, demands, losses, damages, liabilities, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to (a) your participation in the Program, (b) any content that you create, post, share, or distribute in connection with the Program, (c) your breach of these Terms, our Policies, or any applicable law, (d) any misrepresentation by you of your relationship with LunchEAZE or of LunchEAZE products, (e) any tax obligation owed by you in connection with Rewards, or (f) any third-party claim arising from any of the foregoing. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you will cooperate with us in asserting any available defense.

16. Governing Law, Venue, and Disputes

These Terms, and any dispute, claim, or controversy arising out of or relating to the Program or these Terms, shall be governed by and construed in accordance with the laws of the State of California, United States of America, without regard to its conflict-of-laws provisions. The exclusive venue for any judicial action permitted under this Section shall be the state or federal courts located in the county and federal district in which our principal place of business is then-located, and you and we each consent to the personal jurisdiction of such courts and waive any objection based on inconvenient forum.

You and LunchEAZE each agree that any dispute, claim, or controversy arising out of or relating to the Program or these Terms shall be resolved exclusively through final and binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, except that either party may bring an individual action in small claims court for any matter within the jurisdiction of that court. The arbitration shall be conducted by a single arbitrator, in the English language, and (at your election) either in writing only or in the county in which you reside. You and LunchEAZE each waive any right to a jury trial and any right to participate in a class action, class arbitration, or other representative proceeding. If the foregoing class-action waiver is held unenforceable as to any claim, that claim shall be severed from arbitration and brought in court, and all other claims shall remain in arbitration. You may opt out of this arbitration agreement within thirty (30) days of first becoming subject to these Terms by sending a written opt-out notice to the email address listed below; opting out does not affect any other provision of these Terms.

17. Miscellaneous

These Terms constitute the entire agreement between you and LunchEAZE concerning the Program and supersede all prior or contemporaneous communications, proposals, and agreements concerning the same subject matter. If any provision of these Terms is held invalid or unenforceable, that provision shall be enforced to the maximum extent permissible and the remaining provisions shall continue in full force and effect. Our failure to enforce any right or provision shall not be deemed a waiver of that right or provision. You may not assign or transfer these Terms or any rights or obligations under them, by operation of law or otherwise, without our prior written consent; any attempted assignment in violation of this provision is void. We may assign these Terms freely. The Section headings in these Terms are for convenience only and do not affect interpretation. Words such as "include" and "including" are non-limiting. These Terms do not create any third-party beneficiary rights.

18. Contact

If you have any questions about these Terms or the Program, you may contact us at [email protected], addressed to LunchEAZE Ambassador Program, ReliantEMS Corp.