Ramey International Technology, Inc.
Ramey International Technology, Inc.
Dream Car Contest Terms
THE RAMEY DREAM CAR PROGRAM; The Ramey Dream Car Program (the “Program”) is an incentive reward for Ramey Affiliates who have 100 active buyers in a month, purchase or lease a qualifying car, and attach a Ramey logo to the car. Qualifying Affiliates will receive a $200.00, $500.00 or $1,000.00 bonus for each month that they are qualified.
Here are the details:
A. TERM The Program will begin January 1, 2023, and will continue month-to-month until Ramey, in its sole and absolute discretion, terminates the Program by providing written notice to its Affiliates via e-mail.
B. QUALIFYING BUYERS A “Qualifying Buyer” is one which: • Was recruited by the qualifying Affiliate; and are still an active member. Affiliates must have a minimum of 100 Qualifying Buyers in any month to qualify for your Level 1 Dream Car Bonus of $200.00; Affiliates must have a minimum of 200 Qualifying Buyers in any month to qualify for a Level 2 Dream Car Bonus of $500.00; Affiliates must have a minimum 300 Qualifying buyers in any month to qualify for a Level 3 Dream Car Bonus of $1,000.00. A yearly subscription purchased or renewed prior to June 2023 will not be considered a Qualifying Buyer.
C. QUALIFYING VEHICLE To qualify for the Program, the Affiliate must own or lease one of the following, model year 2023 or newer (each a “Qualifying Vehicle”): Make Model Alfa Romeo Any Model Aston Martin Any Model Audi Any Model (except “A” models) Bentley Any Model BMW Any Model Cadillac Any Model Chevrolet Camaro or Corvette Dodge Viper Ford GT or Mustang Infiniti Any Model Jaguar Any Model THE RAMEY DREAM CAR PROGRAM - 2 Lexus Any Model Maserati Any Model Nissan 370Z Roadster or GT-R Porsche Any Model Tesla Any Model Any vehicle not listed above, and any vehicle older than model year 2023, may be deemed a Qualifying Vehicle on a case-by-case basis, subject to Ramey sole and absolute discretion. The Affiliate will be required to submit the make, model, year, estimated resale value, photographs of the vehicle, and a description of any significant modifications. Special consideration will be given to “supercars,” which include Lamborghini, Ferrari, and Rolls Royce vehicles. The Affiliate will be required to provide Ramey a copy of the vehicle title showing the Affiliate as an owner, or a copy of the lease agreement showing the Affiliate as a lessee.
D. Ramey LOGO + PHOTOGRAPHS The Qualifying Affiliate must submit the following photographs to Ramey: • Five photographs of the Qualifying Vehicle; • The photographs must depict the vehicle from the front, sides, and rear; • Ramey will provide you with a logo kit, your car must bear the Ramey logo according to the instructions in the kit, and your photographs must clearly show your compliance with those logo instructions; and • The Qualifying Affiliate must appear in each photograph.
E. BONUS Upon Ramey determination that an Affiliate has complied with all the terms set forth herein, which determination shall not be unreasonably withheld, the Affiliate will be deemed a “Qualifying Affiliate” for the month and shall receive cash payment (the “Dream Car Bonus”) in the month immediately following the determination that the Affiliate is a “Qualifying Affiliate.” A Level 1 Dream Car Bonus will be $200.00; a Level 2 Dream Car Bonus will be $500.00; a Level 3 Dream Car Bonus will be $1.000.00 The Dream Car Bonus shall be in addition to any other commission, bonus, or payment to which the Qualifying Affiliate is eligible to receive. Once deemed a “Qualifying Affiliate,” the Qualifying Affiliate will be automatically deemed a “Qualifying Affiliate” for each successive month that the Qualifying Affiliate maintains the minimum number of Qualifying Buyers as identified above, unless Ramey (I) terminates its relationship with the Qualifying Affiliate, (ii) terminates the Program, or (iii) determines that the Affiliate’s Qualifying Vehicle has been forfeited, lost, damaged, or modified so that it no longer meets the requirements for a “Qualifying Vehicle.” If a Qualifying Affiliate loses his or her eligibility for the Program in any month, the Affiliate may re-qualify in a subsequent month upon compliance with all the provisions and terms and conditions set forth herein. Ramey may require you to provide confirmation of your ownership or leasehold interest in the Qualifying Vehicle or photographs of the Qualifying Vehicle at any time, in Ramey sole and absolute discretion.
F. TERMS AND CONDITIONS The following terms and conditions also apply to the Program:
1. PARTIES. All references to “Ramey” herein mean and refer to Wilbur C. Ramey, Jr., doing business as Ramey International Technology, Inc. Wilbur Ramey, and Ramey International ’s owner(s), parent company, affiliate entities, and employees. All references to “Qualifying Affiliate” hereunder mean and refer to that Ramey affiliate who has executed this Agreement and who has qualified for a Dream Car Bonus, as determined by Ramey in its reasonable discretion. Ramey and the Qualifying Affiliate are each referred to herein as a “Party,” and collectively as the “Parties.”
2. EVENTS TRIGGERING INELIGIBILITY. The following actions, which are not exclusive, may cause an Affiliate to be ineligible for a Dream Car Bonus, notwithstanding that the Affiliate may otherwise qualify: any material changes to or defects in a Qualifying Vehicle subsequent to or not depicted in any photograph provided by the Affiliate to Ramey; the intentional or unintentional destruction or modification of the Qualifying Vehicle; the failure to comply with the Ramey logo kit instructions; the Qualifying Affiliate’s loss of title to, or breach of a lease for, a Qualifying Vehicle.
3. RELEASE BY SPOUSE. Any spouse or domestic partner of any Qualifying Affiliate, and any other person having an interest in any Qualifying Vehicle, must consent to the Qualifying Affiliate’s participation in the Program, and by signing below, RELEASES RAMEY FROM ANY AND ALL LIABILITY THAT MAY ARISE BY VIRTUE OF, OR THAT IS ANY WAY RELATED TO, QUALIFYING AFFILIATE’S PARTICIPATION IN THE PROGRAM.
4. RELEASE/AUTHORIZATION TO USE PHOTOGRAPHS. Qualifying Affiliate hereby grants Ramey permission to use all photographs submitted by Qualifying Affiliate to Ramey (hereinafter “Photographs”) in any Media (including print, internet, film, television, and no matter how distributed or published) for any purpose, which may include, but shall not be limited to, advertising, promotion, marketing and packaging of Ramey, the Program, or for any product or service sold and marketed by Ramey. Qualifying Affiliate agrees that this authorization to use Photographs may be assigned by Ramey to any other party. Qualifying Affiliate agrees that that the Photographs may be combined with other Photographs, sounds, text, and graphics, and that the Photographs may be manipulated, cropped, altered, or modified in Ramey’ sole discretion. Qualifying Affiliate agrees not to charge a royalty or fee, and not to make any other monetary assessment against Ramey in exchange for this Release and Assignment. Qualifying Affiliate hereby releases and forever discharges Ramey from all liability and from any damages Qualifying Affiliate may suffer because of the use of the Photographs. Qualifying Affiliate further acknowledges and agrees that this Release is binding upon Qualifying Affiliate’s heirs and assigns. Qualifying Affiliate agrees that this Release is irrevocable.
5. INTELLECTUAL PROPERTY. Ramey retains all right, title and interest in all intellectual property related to or associated with the Program, including without limitation the logos and other trademarks that may appear as advertising on any Qualifying Vehicle. Ramey grants Qualifying Affiliates a limited, nonexclusive license to use such logos and trademarks, to, but only to, the extent necessary for the Qualifying Affiliate to participate in the Program. The undersigned Qualifying Affiliate understands and agrees that the Program does not constitute a transfer or assignment of any intellectual property rights from or by Ramey.
6. RAMEY DISCLAIMS LIABILITY FOR THE QUALIFYING VEHICLE. Qualifying Affiliate understands and agrees that Ramey has no responsibility for negotiating, purchasing, leasing, or making payments on any vehicle owned or leased by Qualifying Affiliate. Qualifying Affiliate is solely responsible for purchasing, leasing, making payments on, and operating any Qualifying Vehicle. Ramey urges you not to enter a lease or purchase agreement unless you are completely confident you can comply with it without any Dream Car Bonus. You should be completely prepared for the financial responsibility attached to the vehicle, in the event the Dream Car Bonus is temporarily or permanently unavailable to you.
7. INDEMNITY. Qualifying
Affiliate agrees to protect, defend, indemnify, and hold harmless Ramey, its officers, directors, employees, owner(s), and parent company from and against all claims, demands, and causes of action of every kind and character without limit arising out of the Qualifying Affiliate’s participation, or attempted participating, in the Program. The undersigned Qualifying Affiliate’s indemnity obligation includes, but is not limited to, any third party claim against Ramey for liability for payments for, damages caused by, or other liability relating to, a Qualifying Vehicle. Client’s indemnity obligation also includes, but is not limited to, any claim for personal injury or death sustained by any person that is any way related to the Qualifying Vehicle.
8. LIMITATION OF LIABILITY. THE UNDERSIGNED QUALIFYING AFFILIATE AGREES THAT IN NO EVENT SHALL RAMEY LIABILITY TO THE QUALIFYING AFFILIATE FOR ANY CLAIM OF ANY KIND OR DESCRIPTION EXCEED THE AMOUNT OF THREE (3) MONTHS OF DREAM CAR PAYMENTS. THE QUALIFYING AFFILIATE WAIVES ANY RIGHT TO SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND OR DESCRIPTION.
9. FORCE MAJEURE. Ramey shall not be responsible to the Qualifying Affiliate for any delay, damage, or failure caused by or occasioned by a Force THE RAMEY DREAM CAR PROGRAM - 4 Majeure Event. As used in this Agreement, “Force Majeure Event” shall mean: Any act of God, act of nature or the elements, terrorism, insurrection, revolution or civil strife, piracy, civil war or hostile action, labor strikes, acts of public enemies, federal or state laws, rules and regulations of any governmental authorities having jurisdiction over the premises, inability to procure material, equipment, or necessary labor in the open market, acute and unusual labor, material, or equipment shortages, or any other causes (except financial) beyond the control of Ramey. Delays due to any of the above causes shall not be deemed to be a breach of or failure to perform under this Agreement. Ramey shall not be required against its will to adjust any labor or other similar dispute except in accordance with applicable law.
10. INDEPENDENT CONTRACTOR. The Qualifying Affiliate shall be deemed an independent contractor with respect to Ramey. It is the express understanding and intention of the Parties that no relationship of master and servant or principal and agent shall exist between Ramey and the Qualifying Affiliate by virtue of the Program.
11. VENUE, WAIVER OF JURY TRIAL, AND ATTORNEYS’ FEES. Any claim or grievance of any kind, nature, or description that the Qualifying Affiliate has against Ramey including, but not limited to, economic losses, personal injury, or property damage, shall be resolved exclusively in the District Court of the Fourth Judicial District of the State of Idaho, in and for the Count of Ada. The Qualifying Affiliate waives The Qualifying Affiliate waives its right to trial by jury. Ramey and the Qualifying Affiliate agree that in the event of any dispute between them, each Party shall bear its own costs and attorneys’ fees, regardless of which Party, if either of them, is deemed the prevailing party.
12. GOVERNING LAW. This Agreement shall be governed, construed, and interpreted in accordance with the laws of the state of Idaho without regard to any choice of law provisions.
13. ENTIRE AGREEMENT. The requirements of the Program set forth above and these Terms and Conditions represent the entire agreement between the Parties and supersede any other written or oral agreement between the Parties as pertaining to the Program.
14. MODIFICATION/AMENDMENTS. The requirements of the Program and these Terms and Conditions may be modified by Ramey at any time, with or without prior notice to Affiliates. No amendment to the requirements of the Program or these Terms and Conditions shall be valid unless authored or signed by Ramey.
15. NO WAIVER. No waiver by either Party of any of the Terms and Conditions or provisions of the Qualifying Affiliate Agreement shall be effective unless the waiver is in writing and signed by an authorized representative of both Parties.
16. NOTICE. Any notice required under the Program shall be given to Ramey in writing, addressed as follows: Ramey International Technology Inc. 719 Wirt St. SW Leesburg, VA. 20175 e-mail: support@rameyintech.com
17. SEVERANCE. In the event any provision of the Program or these Terms and Conditions is inconsistent
with or contrary to any applicable law, rule, or regulation, the provision shall be deemed to be modified to the extent required to comply with the law, rule, or regulation, and this Qualifying Affiliate Agreement and these Terms and Conditions, as so modified, shall continue in full force and effect.
18. NO ASSIGNMENT. The Program and any rights arising thereunder cannot be assigned by Qualifying Affiliate without Ramey express written consent. G. SIGNATURE By signing below, Qualifying Affiliate and Spouse, Domestic Partner, or other person having an interest in any Qualifying Vehicle agree to the provisions, terms, and conditions of the Program.
QUALIFYING AFFILIATE _____________________________________
Print Name: ___________________________ Date: ________________________________
SPOUSE/DOMESTIC PARTNER/OTHER _____________________________________
Print Name: ___________________________ Date: ________________________________
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