Bounty Hunter Program Terms & Conditions

These Terms and Conditions (“Terms”) are entered into by and between you (“Participant”) and Fusion Thermal, LLC (“Fusion Thermal”) and it’s assigned program administrator (“Administrator”), and govern the terms of the Fusion Thermal Bounty Hunter Program (the “Program”). BY SUBMITTING AN APPLICATION FOR INCLUSION INTO THE PROGRAM, PARTICIPANT IS INDICATING PARTICIPANT’S AGREEMENT TO BE BOUND BY THESE TERMS AS WELL AS FUSION THERMAL’S EXPORT RESTRICTED ITEM(S) POLICY, AND PRIVACY POLICY. Participation in the Program is expressly conditioned on Participant’s acceptance of these Terms and all terms, conditions, and notices contained herein. By scrolling through these Terms and checking one or more boxes indicating Participant has read and understands these Terms, Participant is expressly representing and warranting to Fusion Thermal that Participant has carefully read and fully understands these Terms. In addition, Participant’s receipt of any funds paid in connection with the Program shall result in Participant’s continued acknowledgement of these Terms. If Participant does not agree to these Terms, Participant shall not be allowed to participate in the Program.

 

  1. Bounty Hunter Program Eligibility: For inclusion in the Program, Participant must apply through Fusion Thermal’s Bounty Hunter Program Signup Portal, available at https://www.fusionthermal.com/bounty-hunter-program-sign-up/. Fusion Thermal shall have the sole and absolute right to accept or reject any application for membership in the Program for any reason or no reason whatsoever. Only Participants accepted by Fusion Thermal into the program may participate and receive its benefits. Fusion Thermal reserves the right, in its sole and absolute discretion, to review any rejections upon request from the applicant, provided that Fusion Thermal shall have absolutely no obligation to review or otherwise provide for appeal rights for any rejections. Participant expressly represents and warrants that Participant is at least 18 years old (the minimum age necessary to participate in the Program) and is currently employed, full-time or part-time, by an Authorized Fusion Thermal Dealer.
  2. Qualified Sales; Qualified Items: Participant will receive a monetary bounty (as defined below) for all Qualified Sales of Qualified Items. “Qualified Sales” are defined as sales made by the participant in the retail storefront of an Authorized Fusion Thermal Dealer. No sales made via internet websites, third-party marketplaces, auction sites, by mail order or the like qualify. “Qualified Items” are defined as Fusion Thermal Brand serialized thermal devices/cameras with an MSRP exceeding $2,500, no other items or accessory items qualify.

    It is the responsibility of the Participant to provide all of the required information within 60 days of the sale transaction for a sale to be considered for qualification. All the required information must be submitted for qualification to be considered. If a serialized item has already been submitted once for qualification, it may not be submitted a second time; this includes items that have been returned from a previous sale and made available for resale. If a dispute should arise as to the classification of a Qualified Sale, the sole right to make the final determination on qualification rests with Fusion Thermal. No Participant may gift, transfer, sell or otherwise convey a qualified sale to another Participant, entity, or person.

  3. Bounty: A monetary Bounty of fifty dollars ($50) shall be paid on Qualified Sales of Qualified Items. The terms, amount and structure of this Bounty are set forth by Fusion Thermal at the sole, final and absolute discretion of Fusion Thermal. The amount and structure are subject to change at any time with or without notice to the Participant, provided that no change shall be made retroactively (i.e. the bounty amount or structure may not change with regards to Qualified Sales on Qualified Items that have already been made under the current structure and would be paid had the end/change date not passed).

    Payments will be paid in US Dollars and will be made via electronic payment using Venmo. All Participants who wish to participate in the Fusion Thermal Bounty Hunter program must have a Venmo account as no other payment system will be utilized, failing to do so automatically disqualifies a participant from earning or accruing the monetary bounty.  Participant is responsible for paying all applicable fees and taxes associated with accepting payments or using this payment system. Bounty payout will be made within 60 days, after the end of each calendar month, or sooner.

    It is the Participant’s responsibility to maintain up to date and accurate records with Venmo and Fusion Thermal to ensure payment. Fusion Thermal is not liable for any payments made as a result of incorrectly provided information. Fusion Thermal or its designated Administrator may require Participant to provide a completed Form W-9 at any time. Participant shall promptly comply with such a request from Fusion Thermal or Administrator. Failure to promptly comply may result in termination of Participant’s involvement with the Program. Participant is responsible for any and all tax liabilities, including without limitation, income taxes, self-employment taxes, payroll taxes, excise taxes, and any other applicable taxes that arise from or in any way relate to any bounty paid out to Participant by Fusion Thermal or its Administrator.

  4. Termination: Fusion Thermal may, in its sole and absolute discretion, terminate a Participant’s involvement in the Program at any time, with or without cause, and without warning or notice. Without limiting the forgoing, Fusion Thermal reserves the right to terminate Participant’s account if it has been inactive for 12 consecutive months. Fusion Thermal reserves the right to terminate Participant’s involvement in the Program and not pay the accrued balance if Participant has been deemed to breach Fusion Thermal’s Terms or has engaged in any conduct that Fusion Thermal deems to be illegal, improper, unfair, or otherwise adverse or detrimental to Fusion Thermal, the Fusion Thermal Brand, or its Administrator. Fusion Thermal’s determination on any matter set forth herein shall be at Fusion Thermals sole and absolute determination and shall be final, binding and unappealable. Fusion Thermal reserves the right, in its sole and absolute discretion, to review any terminations of a Participant’s involvement in the Program, provided that Fusion Thermal shall have absolutely no obligation to review or otherwise provide for appeal rights for any termination.
  5. Relationship between Participant and Fusion Thermal: Neither these Terms nor Participant’s involvement in the Program creates any employment, independent contractor, agency, partnership or joint venture relationship between Participant and Fusion Thermal, or Administrator.

  6. Non-Disparagement: While involved in the program and for one (1) year thereafter, Participant agrees that Participant will not disparage Fusion Thermal, its Administrator, its officers, affiliates, or employees or otherwise take any action that could reasonably be expected to adversely affect Fusion Thermals reputation. Under these Terms, “disparage” includes, but is not limited to, any negative statement, whether written or oral, about Fusion Thermal, its Administrator, its officers, affiliates, or employees. Participant, agrees and acknowledges that the non-disparagement provision is a material term of the Terms, the absence of which would have resulted in Fusion Thermal refusing to enter into this agreement.
  7. Assumption of Risk: Participant is solely responsible for ensuring that Participant’s involvement in the Program complies with applicable law and does not violate the rights of any third party, including, without limitation, intellectual property rights. Participant assumes all liability for any claims, suits or grievances filed against Participant, including, but not limed to, all damages related to participation in the Program.
  8. Limitation of Liability: TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, FUSION THERMAL, ITS PRESENT AND FUTURE OFFICES, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, AND ANY OTHER APPLICABLE THIRD PARTY, SHALL NOT BE LIABLE FOR ANY LOSS, INJURY CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM PARTICIPANT’S INVOLVEMENT IN THE PROGRAM. TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, FUSION THERMAL SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH PARTICIPANT’S INVOLVEMENT IN THE PROGRAM. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, FUSTION THERMAL’S SOLE OBLIGATION TO THE PARTICIPANT FOR DAMAGES SHALL NOT EXCEED THE AMOUNT OF MONETARY BOUNTY EARNED OVER THE TWELVE (12) MONTHS PRECEDING THE CLAIM(S), UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW.

  9. Indemnification: Participant agrees to indemnify, defend, and hold harmless Fusion Thermal, its Administrator, its present and future officers, directors, shareholders, employees, agents, licensors, suppliers, and any other applicable third party from and against all claims, losses, expenses, damages and costs, including reasonable attorney’s fees resulting from any violation of these Terms by Participant, or arising from or related to Participants use or misuse of the Program.

  10. Unlawful Activity; Termination of Access: Fusion Thermal reserves the right to investigate complaints or reported violations of these Terms and to take any action it deems appropriate; including but not limed to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties, and disclosing any information necessary to appropriate to such persons or entities. Fusion Thermal may discontinue Participant’s involvement in the Program at any time for any reason, or no reason.

    Without limiting the foregoing, Fusion Thermal has the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or the other information of anyone participating in the Program.

    PARTICIPANT WAIVES AND HOLDS HARMLESS FUSION THERMAL, ITS ADMINISTRAOR, ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS, FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR AS A RESULT OF, ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

  11. Remedies for Violations: Fusion Thermal shall have the right to seek any and all remedies available at law, and in equity for violations of these Terms.
  12. Governing Law and Jurisdiction; Disputes and Arbitration: These Terms are governed by and construed in accordance with the internal law of the State of Louisiana without regard to its principles of conflicts of laws. To the extent permissible under these Terms, any action arising out of or relating to these Terms shall be filed only in the state or federal courts located in the State of Louisiana, and Participant hereby consents and submits to the exclusive personal jurisdiction of such courts for the purpose of litigating any such action. Where a conflict exists, these Terms govern.
    Any dispute, controversy, proceeding, or claim arising out of or in connection with or relating to these Terms, any of Fusion Thermal’s policies, or the Program, in each case, whether in contract, tort, common or statutory law, equity or otherwise shall be resolved by binding confidential arbitration by JAMS, pursuant to its Optional Expedited Arbitration Procedures then in effect for JAMS. Before either party may seek arbitration, the party must first send to the other party a written notice of dispute (“Notice”), describing the nature and basis of the claim or dispute and the requested relief. A Notice to the Company should be sent to the mailing address set forth herein. After the Notice is received, Participant and Fusion Thermal may attempt to resolve the claim or dispute informally. If Participant and Fusion Thermal do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The arbitration will be conducted in Tangipahoa Parish, Louisiana, unless Participant and Fusion Thermal agree otherwise. Any judgement on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this section shall be deemed as preventing Fusion Thermal from Seeking injunctive or other equitable relief from the courts, as necessary to prevent the actual or threatened infringement, misappropriation, dilution, or violation of our data, intellectual property rights, or other proprietary rights.

    PARTICIPANT AND FUSTION THERMAL EACH AGREE TO WAIVE ITS RIGHT TO TRIAL BY JURY AND THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE ARISING HEREUNDER WILL BE CONDUCTED SOLEY ON AN INDIVIDUAL BASIS, AND THAT THE PARTICIPANT WILL NOT SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH PARTICIPANT ACTS OR PROPOSESS TO ACT IN A REPRESENTATIVE CAPACITY. PARTICIPANT FUTHER AGREES THAT NO PROCEEDINGS WILL BE JOINED, CONSOLIDATED, OR COMBINDED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF FUSION THERMAL AND ALL PARTIES TO AND SUCH PROCEEDING.

  13. Limitation of Time to File Claims: ANY CAUSE OF ACTION OR CLAIM PARTICIPANT MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
  14. Entire Agreement; Severability of Provisions; No Waiver: These Terms constitute the entire agreement, with respect to participation in the Program. If any provision of these Terms is deemed unlawful, void, or unenforceable by a court of law exercising proper jurisdiction, that provision shall be deemed severed from the remaining provisions and shall not affect their validity and enforceability. No waiver of any provision hereof shall be valid unless in writing, signed by the parties. Any failure to enforce any right or remedy hereunder shall not operate as a waiver of the right to enforce such right or remedy in the future, or of any other right or remedy.

  15. Changes to the Terms: Fusion Thermal may review and update these Terms at any time at our sole discretion; and it is Participant’s responsibility to keep abreast of those changes. All changes are effective immediately when posted. Participant’s continued participation in the Program following the posting of the revised Terms means that Participant accepts and agrees to the changes which are binding on Participant. Participant agrees and accepts responsibility for keeping up with Program changes and updates.
  16. Contact Us: If Participant has questions or concerns regarding the Terms of the Program, Participant may contact us at:
    Fusion Thermal, LLC
    42411 Enterprise Lane
    Hammond, LA 70403
    985-375-1185