This document (the “Terms and Conditions”) sets forth the terms and conditions for your participation in the Promotion.
This promotion is offered only to Distributors (the “Distribution Channel”) authorized to purchase and resell Mimosa products. This offer may not be combined with any other promotion. This promotion is offered from November 23, 2018 – December 31, 2018 and is subject to change and/or termination without notice.
You agree to bear responsibility for the payment of any and all taxes (including any increased individual income or other tax), duty, customs, and/or licenses and/or other fees or costs that may apply in connection with the receipt of gifts under the promotion. You certify that you will comply with all laws, licenses, permits and regulations, including, without limitation, any anti-bribery, conflict of interest, or procurement laws or regulations of any government or other competent authority in your jurisdiction (collectively “Applicable Laws”). YOU WILL INDEMNIFY AND HOLD MIMOSA HARMLESS FOR ANY VIOLATION OF ANY APPLICABLE LAWS.
Arbitration:By participating in this Promotion You agree that: (1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) You may have against Mimosa and/or its affiliates arising out of, relating to, or connected in any way with the Promotion, the reward, or the determination of the scope, enforceability or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by American Arbitration Association (“AAA”) and conducted before a sole arbitrator pursuant to the applicable Rules and Procedures established by AAA (“Rules and Procedures”); (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 USC. §§1-16; (3) the arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures; (4) the arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the entrants may have entered into in connection with the Promotion; (5) the arbitrator shall apply California law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only your individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) You shall not be entitled to recover punitive, incidental and/or consequential damages except to the extent required by law; (8) in the event that the administrative fees and deposits that must be paid to initiate arbitration against Mimosa exceed $125 USD, and You are unable (or not required under the applicable Rules and Procedures) to pay any fees and deposits that exceed this amount, Mimosa agrees to pay them and/or forward them on Your behalf, subject to ultimate allocation by the arbitrator. In addition, if You are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Mimosa will pay as much of Your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) with the exception of subpart (6) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (6) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither Mimosa nor You shall be entitled to arbitrate their dispute. For more information on AAA and/or AAA Rules and Procedures, persons may visit the AAA Website at http://www.adr.org,or contact AAA at 1633 Broadway, 10th Floor, New York, New York 10019; Phone: 212-716-5800 ;Fax: 212-716-5905
By participating in the promotion, you acknowledge that you have read and understood the promotion’s Terms and Conditions above and agree to such Terms and Conditions.