NIGHTWATCH® is the world’s first smart halter™ (“Product”) that acts as an early-warning system to promote early referral and intervention for colic and other forms of equine distress, such as foaling and being cast. This patented technology provides peace-of-mind protection for horse owners and you with the opportunity to earn cash referral fees for your effort to drive awareness and education of the Product through your networks.
By enrolling as a member of the NIGHTWATCH® Referral Rewards Program (“Program”) you acknowledge and agree to the following:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY FOREVER RELEASE PROTEQUUS, ITS OFFICERS, MEMBERS, EMPLOYEES, AUTHORIZED AGENTS AND ANY OF ITS SUBSIDIARIES AND AFFILIATES (“RELEASED PARTIES”), FROM ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE USE OF THE PRODUCTS AND SERVICES, OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY, INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE AND FOR ANY OTHER PECUNIARY OR OTHER LOSS, INCLUDING CLAIMS THAT IMPLY NIGHTWATCH® IS FOR THE PRIMARY PREVENTION OF COLIC OR OTHER FORMS OF EQUINE DISTRESS, CLAIMS OF SURVIVAL OR QUALITY-OF-LIFE BENEFITS OR ANY OTHER CLAIMS WHATSOEVER (“DAMAGES”). NOTWITSTANDING ANYTHING TO THE CONTRARY HEREIN, IN THE EVENT THE RELEASED PARTIES ARE RESPONSIBLE FOR ANY DAMANGES UNDER ANY APPLICABLE LAW, YOU AGREE THAT THE RELEASED PARTIES’ LIMIT OF LIABILITY SHALL NOT EXCEED THE REFERRAL FEES PAID TO YOU DURING EITHER A TWELEVE (12) MONTH PERIOD OR THE PERIOD OF TIME YOU ARE AN AMBASSADOR IF SUCH PERIOD IS LESS THAN TWELVE (12) MONTHS.Indemnification
You agree to indemnify and hold the Released Parties harmless (including, without limitation, from all Damages, liabilities, settlements, costs and attorneys’ fees) from any claim or demand by any third party due to or arising out of your participation in the Company’s rewards program or your use of the Products and Services, including but not limited to accidents or other damages caused by use of the Products and Services or your violation of this Agreement, or the infringement by you or any third party of the Company’s intellectual property.Disclaimer
NIGHTWATCH® is designed to offer peace of mind and is not to be used to diagnose, treat, mitigate, cure, or prevent any disease or condition. The Products and Services are intended solely for use on horses, ponies, mules, donkeys, and burros. This Product should not be: