These Terms and Conditions ("Terms") are an agreement between ADP, LLC ("ADP"), its subsidiaries, affiliates, successors and assigns, and you and apply to the ADP Ambassador Program (the "Program") described in these Terms. By enrolling in or using the Program, you agree to be bound by these Terms, including any modifications and/or updates made by ADP from time to time and posted on any applicable website, as they relate to the Program. If you do not agree to these Terms, then do not enroll in or use the Program. By clicking "I accept" or by enrolling in the Program, you agree to be bound by these Terms, any applicable additional terms or policies, and any other terms and guidelines found throughout the Program.
As part of your Program obligations, you agree to have backup records of your activity as appropriate to maintain the integrity of the Program. You will keep a written record of any issues encountered with the Program and will notify ADP promptly of such errors. Periodically, you may be contacted by ADP personnel to discuss the Program and respond to any requests related to the usability of the Program. Any information gained by ADP during this process shall be deemed “Program Feedback” and shall be deemed intellectual property of ADP.
Membership.
Program membership as an ADP Ambassador is limited to natural persons who have been identified as Trusted Resources, are ADP clients or employees of ADP’s clients. Enrollment, membership and all related benefits of the Program are offered at ADP’s sole discretion. In accepting to join or to continue your Program membership, you acknowledge that ADP assumes no legal responsibility to you. The invitation is intended for a specific individual as a Trusted Resource or in their current role at the current client company, and is not transferrable. Prospective members can be nominated by current ADP Ambassadors, but new members can only join the program via an invitation from the Program administrator. The Program administrator reserves the right to remove any ADP Ambassador at his/her discretion. ADP Ambassadors may request to be removed from the program at any time by sending an email to the following email address with "Please Remove" in the subject line: adpambassador@adp.com.
ADP specifically reserves the right to alter, withdraw or terminate any Program, benefit or reward with or without notice. Any such changes may also affect Program Points, which a member has already accumulated as well as any future accumulation of Program Points. ADP assumes no liability to members whatsoever, including, without limitation, liability as a result of changes to or termination of the Program, or any other loss, injury or damage caused by any rewards supplied or requested in connection with the Program.
Points
Points and rewards will be awarded at ADP’s sole discretion and point value and rewards are subject to change. Some rewards may be available in restricted numbers. Program points have no monetary value whatsoever and will not, under any circumstances, form the basis of a monetary claim against ADP. The accumulation of Program points does not entitle ADP Ambassadors to any vested rights and, in accumulating Program points, members may not rely upon the continued availability of any reward, award level, premium or other benefit.
Program points or rewards are personal and are intended for a specific individual in their current role with their current employer or company and cannot be transferred and any assignment or transfer in violation of these rules will be void and may, at the discretion of ADP, result in the loss of membership or the cancellation of the affected reward or Program Points.
In compliance with US law, ADP will send a Form 1099 to any ADP Ambassador receiving a gift card through the Program valued in excess of $600 (USD), which requires disclosure of the ADP Ambassador’s social security number. As a condition of receipt of a gift card in excess of $600, the ADP Ambassador will be required to execute a Form W-9 which will be provided by ADP.
Member Content
As a member of the Program, you may choose to post to the internet. ADP reserves the right to remove content at its sole discretion; however, ADP is not responsible for any content posted by you or other members of the Program.
You may not post any materials or comments that fall into any of the following categories:
•Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
•Publish, post, distribute, or disseminate any defamatory, infringing, obscene, indecent, misleading or unlawful material or information.
•Upload or attach files that contain software or other materials protected by intellectual property laws (or by rights of privacy publicity) unless you own or control the rights thereto or have received all necessary consents.
•Upload or attach files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
•Falsify the origin or source of software or other material contained in a file that is uploaded.
By participating as an ADP Ambassador in the Program, you agree that, in exchange for the opportunity to participate, you irrevocably grant to ADP (including its subsidiaries, affiliates, successors, assigns, and vendors) the perpetual right to use, copy and publish your name and initials, the name and address of your company, the logo of your company, your title and the materials developed as a result of your participation as an ADP Ambassador, including any statements, copy, photographs, pictures and videos (collectively, the “Materials”).
You understand that ADP will provide you the opportunity to review and approve the Materials before they are published. You also understand that ADP may need to modify or edit the Materials or put the Materials into another format.
The statements and information you provide to ADP in the Materials reflect your opinion of and experience with ADP and its products and services.
ADP WILL NOT BE LIABLE FOR ANY DAMAGE OR LOSSES ARISING OUT OF OR OTHERWISE RELATED TO (1) YOUR USE OF THE PROGRAM OR THE PROGRAM WEBSITE, OR THE USE BY ANYONE TO WHOM YOU HAVE GIVEN ACCESS TO THE PROGRAM; (2) ERRORS, BUGS OR OTHER DEFECTS IN THE PROGRAM; (3) LOST INFORMATION; (4) ILLEGAL OR CRIMINAL ACTIVITIES; (5) MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, LOSS OF OR DAMAGE TO DATA, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO PROGRAM RECORDS, PROGRAMS OR SERVICES OR ANY THIRD PARTY ACTIONS; OR (6) YOUR ACTIONS WITH YOUR EMPLOYEES OR VENDORS, OR THE USE OF THEIR INFORMATION. FURTHER, ADP SHALL NOT BE LIABLE, AND YOU AGREE THAT ADP SHALL NOT BE LIABLE, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES INCLUDING LOST PROFITS OR DAMAGES FOR BUSINESS INTERRUPTION OR LOSS OF INFORMATION THAT YOU MAY INCUR OR EXPERIENCE IN CONNECTION WITH THESE TERMS OR THE PROGRAM, HOWEVER CAUSED AND UNDER WHATEVER THEORY OF LIABILITY, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify, defend, and hold harmless ADP, it subsidiaries and affiliates from and against any and all claims, damages, costs, and expenses (including reasonable attorneys' fees) and pay the amount of any adverse final judgment (or settlement to which both parties consent) arising out of or related to any use by you of the Program, the ADP Marks or any ADP or third party website.
These Terms may be modified by ADP from time to time at any time and you are responsible for any updates posted on the Program website or sent to you by ADP. The failure of you or ADP at any time to enforce any right or remedy available to it under these Terms with respect to any breach or failure by the other party shall not be construed to be a waiver of such right or remedy with respect to any other breach or failure by the other party. These Terms are governed by the laws of the State of New York without giving effect to its conflict of law provisions. You and ADP agree that each is acting independently of the other, you are not joint venturers, and neither is an agent of the other. All notices to ADP, made under or in connection with these Terms, shall be in writing and shall be deemed to have been given three (3) days after mailed in any general or branch United States Post Office, enclosed in a registered or certified post-paid envelope, if to ADP addressed to: ADP, LLC, Attention: ADP Ambassador Program [adpambassador@adp.com] with a copy to ADP, LLC, 71 Hanover Road, Florham Park, NJ 07054, Attention: General Counsel. All notices to you made under or in connection with these Terms shall be in writing and sent to the e-mail address given for participation in the Program. You and ADP may change any notice address, with such change being effective upon receipt of a written notice of same. These Terms and your enrollment in the Program shall not be assigned by you without ADP’s prior written consent and any attempted assignment without such consent shall be void. Nothing contained in these Terms is intended to create third-party beneficiaries of or under these Terms.