Customer Referral Program

Archtop Fiber Customer Referral Program Terms and Conditions

ARCHTOP FIBER, LLC (“ARCHTOP” or “We”) offers current customers (“Referrer” or “You”) the opportunity to participate in its referral program (the “Program”). We reserve the right to amend or terminate the Program at any time, for any reason. The Program is administered by ARCHTOP.

Referrers are bound by these Terms and Conditions by participating in the Program. By participating in the Program, Referrers agree to use the Program in the manner specified in these Terms and Conditions. If you do not agree to these Terms and Conditions in their entirety, you are not authorized to register as a Referrer or to participate in the Program in any other manner. Referrers may not participate in the Program where doing so would be prohibited by any applicable law or regulations.

We reserve the right to modify or amend at any time these Terms and Conditions. We reserve the right to disqualify any Referrers from participation in the Program at any time at our sole discretion, including without limitation if he/she does not comply with any of these Terms and Conditions or otherwise fails to comply with any applicable laws (including, without limitation, through any failure to include any disclosures as required by the FTC or otherwise required by ARCHTOP).

CHILDREN UNDER 18.

No part of the Program is directed to persons under the age of 18. IF YOU ARE UNDER 18 YEARS OF AGE, YOU MAY NOT USE, ACCESS OR PARTICIPATE IN THE PROGRAM AT ANY TIME OR IN ANY MANNER.

1. How the Program Works
   1. Referrers must respect the spirit of the Program by only referring real individuals who meet the requirements of these Terms and Conditions. Referrers cannot refer themselves. For example, a Referrer may not create multiple or fake accounts with ARCHTOP or participate in the Program using multiple or fake email addresses or identities.
   2. “Qualified Referral” means that all the following conditions are met:
      1. The person completed the purchase of Archtop service and installation of service and any necessary equipment has been completed by Archtop;
      2. The person had not previously made a purchase with ARCHTOP under any email address or alias and no prior person currently residing at the installed address has been referred to Archtop to receive service; and
      3. c.The person is at least 18 years old.
   3. Referrer shall receive one (1) reward (each, a “Reward”) in the form and value determined by ARCHTOP for each verified Qualified Referral generated by Referrer. Rewards may be redeemed in various forms in ARCHTOP’s sole discretion. Restrictions may apply. For example, if the Reward is in the form of a gift card, gift certificate or voucher, it may be subject to the issuer’s terms and conditions.
   4. Rewards are subject to verification. ARCHTOP may delay a Reward for the purposes of investigation. ARCHTOP may also refuse to verify and process any transaction ARCHTOP deems, in its sole discretion, to be fraudulent, suspicious, in violation of these Terms and Conditions, or believes will impose potential liability on ARCHTOP, its subsidiaries, affiliates or any of their respective officers, directors, employees, representatives and agents. All of ARCHTOP’s decisions are final and binding, including decisions as to whether a Qualified Referral, or Reward is verified.
   5. Upon termination of the Program or any portion thereof for any reason, any unredeemed Rewards that have not yet been delivered to Referrer are forfeited.
2. Privacy.
   Any personal information received from a Referrer or a Qualified Referral will be collected, processed and used in accordance with ARCHTOP’s Privacy Statement, which can be found at https://archtopfiber.com/policies/
3. Content Ownership and Use.
   1. ARCHTOP’s online platform and the Program contain content that includes: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other content (collectively, “Content”). As between Referrer and ARCHTOP, all Content is the property of ARCHTOP or its licensors and is protected under copyright, trademark, and other laws. The compilation (meaning the collection, arrangement, and assembly) of all Content on ARCHTOP’s online platform or the Program is the exclusive property of ARCHTOP and is protected by copyright, trademark, and other laws.
   2. The registered or unregistered logos, product and service names contained in ARCHTOP’s online platform or the Program are or may be trademarks of ARCHTOP or its licensors (the “Marks”). Without ARCHTOP’s prior written permission, and except as solely enabled by any link as provided by ARCHTOP, you agree not to display or use in any manner the Marks.
4. Liability.
   1. By participating in the Program, Referrers agree to:
      1. Be bound by these Terms and Conditions, the decisions of ARCHTOP and its designees, and the Privacy Policy of ARCHTOP;
      2. Defend, indemnify, release and hold harmless ARCHTOP, its parent companies, affiliates and subsidiaries, together with their respective employees, directors, officers, licensees, licensors, shareholders, attorneys and agents including, without limitation, their respective advertising and promotion entities and any person or entity associated with the production, operation or administration of the Program (collectively, the “Released Parties”), from any and all claims, actions, demands, damages, losses, liabilities, costs or expenses caused by, arising out of, in connection with, or related to Referrers’ participation in the Program (including, without limitation, any property loss, damage, personal injury or death caused to any person(s) and/or the awarding, receipt and/or use or misuse of the Program or any Reward).
   2. ARCHTOP shall not be liable for:
      1. Late, lost, delayed, stolen, misdirected, incomplete, unreadable, inaccurate, unreliable, garbled or unintelligible entries, communications or affidavits, regardless of the method of transmission;
      2. Telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors;
      3. Data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials;
      4. Any printing, typographical, administrative or technological errors in any websites or materials associated with the referral program; or
      5. Claims, demands, and damages in disputes among Referrers or between Referrers and Qualified Referrals; or
      6. Any other injuries, losses or damages of any kind resulting from acceptance, possession or use of a Reward, or from participation in the Program, that were not reasonably foreseeable to ARCHTOP at the relevant time.
   3. ARCHTOP disclaims any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with the Program.
   4. ARCHTOP shall not be liable to any Referrer for failure to supply any Reward or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasigovernmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, tornado, tsunami, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slowdown, civil disturbance, insurrection, riot, or any other similar or dissimilar cause beyond any of the released parties’ control.
   5. Disclaimer of Warranties
      REFERRERS EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE PROGRAM IS AT YOUR SOLE RISK; THE PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ARCHTOP EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS AND TERMS (COLLECTIVELY, “PROMISES”) OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR CUSTOM, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED THROUGH THE USE OF THE PROGRAM, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT; (B) ARCHTOP MAKES AND GIVES NO WARRANTY THAT (i) THE PROGRAM WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (ii) THE RESULTS OBTAINED FROM THE USE OF THE PROGRAM WILL BE ACCURATE OR RELIABLE, (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE PROGRAM WILL MEET YOUR EXPECTATIONS, AND (iv) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PROGRAM IS ACCESSED AT YOUR OWN DISCRETION AND RISK.
   6. Limitation of Liability and Indemnification
      1. REFERRERS EXPRESSLY UNDERSTAND AND AGREE THAT ARCHTOP (INCLUDING ANY VENDORS AND SERVICE PROVIDERS ASSOCIATED WITH OR ASSISTING IN PROVIDING THE PROGRAM) SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ARCHTOP WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE PROGRAM; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE PROGRAM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR THROUGH THE PROGRAM; OR (v) ANY OTHER MATTER RELATING TO THE PROGRAM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
      2. TO THE FULLEST EXTENT POSSIBLE BY LAW, ARCHTOP’S (INCLUDING ANY VENDORS AND SERVICE PROVIDERS) MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), SHALL NOT EXCEED $100 USD.
      3. REFERRERS SHOULD USE THE PROGRAM AT THEIR OWN RISK.
5. Conduct.
   1. If a solution cannot be found to restore the integrity of the Program after the occurrence of Prohibited Conduct (as defined below), ARCHTOP reserves the right to cancel, change, or suspend the Program.
   2. Prohibited Conduct, Generally.
      Referrers agree not to use the Program to:
      1. Violate applicable law;
      2. Infringe the intellectual property rights of ARCHTOP or any third parties;
      3. Impersonate any person or otherwise misrepresent Referrer’s identity;
      4. Interfere with, disrupt or violate the Terms and Conditions or servers or networks connected to the Program; or disobey any requirements, procedures, policies, or regulations of such networks;
      5. Interfere with another Referrer’s use of the Program;
      6. Attempt to gain unauthorized access to the Program, other accounts, computer systems, or networks connected to the Program;
      7. Transmit any file that contains viruses, worms, trojan horses, or any other contaminating or destructive features;
      8. Conduct any illegal activity or solicit the performance of any illegal activity or other activity that infringes the rights of others;
      9. Resell, barter, trade, auction or otherwise generate income by providing access to the Program to others.
   3. Bulk Distribution (“Spam”).personBulk referrals, distribution to strangers, or any other promotion of a Program in a manner that would constitute or appear to constitute unsolicited commercial email or “spam” in ARCHTOP’s sole discretion is expressly prohibited and may be grounds for immediate termination of the Referrer’s participation in the Program. ARCHTOP has a no-tolerance spam policy.
   4. Fraudulent and Suspicious Behavior.
      1. ARCHTOP may prohibit a Referrer from participating in the Program or receiving a Reward, in ARCHTOP’s sole discretion, if ARCHTOP determines that such Referrer is attempting to undermine the fairness, integrity or legitimate operation of the Program in any way by cheating, hacking, deception, or any other unfair playing practices of intending to annoy, abuse, threaten or harass any other Referrers or any representatives of ARCHTOP.
      2. ARCHTOP reserves the right to disqualify any Referrer and/or cancel any Reward(s) if ARCHTOP finds a Referrer to be tampering with the entry process or the operation of the Program or violating these Terms and Conditions in any way.
      3. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE PROGRAM. SHOULD SUCH AN ATTEMPT BE MADE, ARCHTOP RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
6. Applicable Law; Arbitration; Class Waiver; and Waiver of Jury Trial.
   1. Any and all disputes, claims and causes of action arising out of or related to the Program or any Reward or other prize awarded pursuant to the Program or to this agreement shall be resolved under New York law (without reference to its conflicts of laws principles).
   2. Referrers and ARCHTOP agree to submit to the personal and exclusive arbitration of any disputes relating to the use of ARCHTOP’s online platform or the Program under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, shall be conducted within Ulster County in the state of New York. Referrers covenant not to sue or otherwise bring a claim against ARCHTOP in any other forum.
   3. Referrers also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to Referrers’ use of the Program or this agreement:
      1. REFERRERS ARE GIVING UP THEIR RIGHT TO HAVE A TRIAL BY JURY; and
      2. REFERRERS ARE GIVING UP THEIR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
7. General Terms.
   The failure of ARCHTOP to exercise or enforce any right or provision of these terms shall not constitute a waiver of such right or provision. If any provision of these terms is found by a court of competent jurisdiction to be invalid, ARCHTOP and Referrers nevertheless agree that the court should endeavor to give effect to the intentions reflected in the provision, and that the other provisions of these terms shall remain in full force and effect. A person who is not a party to these terms shall have no right to enforce or receive the benefit of any of these terms.