1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS

1.1 The waveriders.org, Inc. Referral Marketing Program (the "Referral Marketing Program"), is a program through which customers of waveriders.org's products can register as a member in the program and receive cash rebates for referrals of new customers that purchase waveriders.org products.

1.2 The opportunity to participate in and benefit from becoming a registered member in the Referral Marketing Program is provided to you ("you" or "Applicant") under the terms and conditions of this waveriders.org Referral Marketing Program Agreement (the "Agreement") and the general terms and description of the waveriders.org Referral Marketing Program located at www.waveriders.org (the "Site") (together, the "Terms").

1.3 waveriders.org reserves the right, in its sole discretion, in the future, to change, modify, add or remove all or part of the Agreement or Terms at any time on five (5) days notice posted on the Site, including, but not limited to, the modification of rebate schedules applicable to the Referral Marketing Program. Your continued participation in the Referral Marketing Program after such changes take effect will be deemed to constitute your acceptance of and agreement to the new Agreement and Terms. You can always find the most recent version of this Agreement the applicable Referral Marketing Program Terms at the URL listed above.

1.4 BY COMPLETING THE WAVERIDERS.ORG REFERRAL MARKETING PROGRAM SUBMISSION PROCESS AND BY CLICKING ON "I AGREE," YOU INDICATE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THIS AGREEMENT, AND THAT YOU UNDERSTAND AND INTEND THIS AGREEMENT TO BE THE LEGAL EQUIVALENT OF A SIGNED, WRITTEN CONTRACT BETWEEN YOU AND WAVERIDERS.ORG, AND EQUALLY BINDING. IF YOU DO NOT AGREE WITH THIS AGREEMENT, YOU ARE NOT AND WILL NOT BE GRANTED PERMISSION BY WAVERIDERS.ORG TO PARTICIPATE IN THE PROGRAM.


2. MEMBERSHIP IN PROGRAM

2.1 The Referral Marketing Program is a membership program provided by waveriders.org to allow individuals and groups who are customers of waveriders.org's products to join the program and receive rebates for purchases made by customers referred to waveriders.org by the program member. Once the Applicant is approved and provides the required information to become enrolled in the Referral Marketing Program, waveriders.org will create an account for the Applicant as a member in the Referral Marketing Program ("Program Member").

2.2 In order for waveriders.org to consider your application for membership in the Referral Marketing Program, you must read this Agreement and the Terms, and if you agree with the Terms in full, provide all requested information necessary to create the membership account. waveriders.org will contact you to obtain any additional information necessary to complete the membership account. Your continuing compliance with the Terms is a condition of your continuing participation in the Referral Marketing Program.

2.3 Once you are accepted as a Program Member, your membership will be continuous until terminated under the terms of this Agreement. Nothing in this Agreement obligates waveriders.org to accept you as a Program Member until accepted by waveriders.org.


3. TERM AND TERMINATION

This Agreement will take effect at the time you click "I Agree" ("Effective Date") and unless earlier terminated in accordance with the terms of this Agreement, shall be continuous. If you wish to discontinue your participation in the Referral Marketing Program, please send an electronic message to the address listed below, stating that you wish to withdraw from the program. We reserve the right, at any time and for any reason, without notice to you, (i) to discontinue the Referral Marketing Program or (ii) to terminate this Agreement or your participation in the Referral Marketing Program. We will provide you notice of any such termination via electronic message to the address listed in your Member Account. If this Agreement is terminated by waveriders.org other than for a breach by you of the Terms, waveriders.org will pay within thirty (30) days all rebates earned by you as of the date of your termination as a Program Member.


4. OUR PRIVACY POLICY

We have adopted a Privacy Policy outlining our data collection and use practices. Please refer to it for details about how we collect and use information from users of the Site. Any changes to the Privacy Policy will be posted on the Site, and you should periodically consult the Site to stay apprised of any such changes. You agree not to collect any personally identifiable data from any customer or potential customers of waveriders.org products in connection with your membership in the Referral Marketing Program nor in any way violate the Privacy Policy of waveriders.org.


5. PROPRIETARY RIGHTS

All of the information, profiles and materials related to waveriders.org, its products, services and content available, whether through the Site or otherwise (the "Materials"), including the graphical display of the Site, are the property of waveriders.org or our licensors, suppliers or affiliates. The Materials are protected by law, including, but not limited to, United States and international copyright law and trademark law, as well as other state, federal, and international laws and regulations. Except as provided in this Agreement, we do not grant you any rights under any copyrights or trademarks. Accordingly, unauthorized use or reproduction of any Materials may violate copyright laws, trademark laws, laws pertaining to privacy and publicity rights, or other laws or regulations. Please be aware that we actively and aggressively enforce our intellectual property rights to the fullest extent of the law.


6. NO REPRESENTATIONS; SITE LINKS

You agree that you shall not, without the express written consent of waveriders.org, make any representations, warranties or other statements concerning waveriders.org, its products or services (including but not limited to pricing information, special offers, discounts, and testimonial text) that are not contained on the Site at the time such statement is made. Prior to creating any link to the Site ("Site Links") from any site maintained by you or from which you may legally create links, you agree to give waveriders.org written notice of such Site Link by electronic message to the address set forth below. You agree to immediately terminate any Site Link upon written notice to you from waveriders.org requesting such termination.


7. INDEMNITY

You agree to defend, indemnify, and hold harmless waveriders.org and our affiliates, and our and their respective directors, officers, shareholders, proprietors, partners, employees, agents, representatives, servants, attorneys, predecessors, successors and assigns, from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys' fees and litigation expenses), relating to or arising from your participation in the Referral Marketing Program, any alleged violation of this Agreement, or any alleged violation of any rights of others. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations.


8. NOTICES

All notices to you will be sent to the e-mail address that you provide to us when you register. Such notice will be deemed given one business day after the e-mail is sent. Except as expressly stated otherwise, all notices to us must be sent to info@waveriders.org or to the following address:

waveriders.org, inc.
1016 11th Street
Hood River, Oregon 97031


9. MISCELLANEOUS

You agree that this Agreement is made in, and will be construed and enforced in accordance with, Oregon law (without regard to its provisions governing conflicts of law), as applied to agreements entered into and completely performed in Oregon. You agree that any action arising out of your participation in the Referral Marketing Program, or any action to enforce this Agreement will be brought only in the federal or state courts presiding in Oregon, U.S.A., and you expressly agree to be subject to the jurisdiction of such courts. Failure to insist on strict performance of any provisions of this Agreement will not operate as a waiver of any subsequent default or failure of performance. No waiver of any provision of this Agreement will be valid unless in writing and acknowledged in writing or electronically by both parties. If any portion of this Agreement is adjudged invalid or unenforceable by a court of competent jurisdiction, the remaining portions will remain valid, enforceable, and in effect. No joint venture, partnership, employment or agency relationship exists between you and waveriders.org as a result of this Agreement, your participation in the Referral Marketing Program nor shall you have any authority to bind waveriders.org in any manner. Any rights not expressly granted herein are reserved by waveriders.org. This Agreement and the Terms constitute the entire agreement between you and waveriders.org with respect to your participation in the Referral Marketing Program and supersedes any and all prior understandings or agreements between you and waveriders.org, whether written or oral. The following provisions will survive the termination of this Agreement: Sections 5 through 9.


TERMS AND PRICES ARE SUBJECT TO CHANGE