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 groundbreaking technology provides peace-of-mind protection with the opportunity for you to differentiate and elevate your practice/program, all while earning extra cash along the way.
By enrolling in the NIGHTWATCH® Referral Rewards Program (“Program”) you acknowledge and agree to the following:
I am not employed or in any way affiliated with Protequus LLC (the “Company”) other than as an independent contractor and enrollment in the Program does not create an employee-employer relationship, a partnership, joint venture or any other relationship
My independent contractor relationship may be terminated by the Company at any time and any referral fees I have earned at termination shall be paid to me within the Company’s next payment cycle
I am voluntarily offering my referral services in exchange for a referral fee, which I acknowledge is fair and reasonable
The term “NIGHTWATCH® Ambassador” does not entitle me to any special rights, privileges, or conditions other than those stated herein in my capacity solely as an independent contractor of the Company
I understand that I must claim and report all referral fees as income per US IRS Tax Code and that the Company will issue me a 1099 each calendar year
I agree to provide the Company with a fully completed IRS Form W-9 prior to receipt of any referral fees under the Program
Referral services are tracked via a referral code that is unique to me
You agree that you are not authorized to bind the Company to any representations and/or warranties not provided directly by the Company in its documentation and website for the Product
Referral fees are:
Paid via check and mailed to me via US mail within 90 days of the time of purchase
Pro-rated for any returned/refunded Products within 90 days of the time of purchase
Calculated solely on the number of Products purchased through my efforts; accessories and monitoring contracts are not eligible for any referral fees
Defined as 10% for each Product purchased as a direct result of my referral efforts
The Company will make the sole determination as to whether I am entitled to referral fees
All eligible purchases are to be made exclusively online at www.smarthalter.com
Limitation of Liability
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”). NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, IN THE EVENT THE RELEASED PARTIES ARE RESPONSIBLE FOR ANY DAMAGES 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 TWELVE (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:
Utilized on people, other animals, or objects;
Operated on board an aircraft, a ship, or a satellite; and
Integrated, assembled, attached, or associated in whole or part with any other halter, collar, coupler, or related headstall apparatus.