RIGEAR Partner Program Terms and Conditions
Last Updated: January 2022
PLEASE READ THESE TERMS CAREFULLY. IF YOU ARE NOT ABLE TO AGREE TO THESE RIGEAR PARTNER PROGRAM TERMS AND CONDITIONS, PLEASE DO NOT APPLY TO BECOME A RIGEAR PARTNER. WE RESERVE THE RIGHT TO CHANGE OR MODIFY THESE TERMS AND/OR THE PROGRAM WITHOUT PRIOR NOTICE. YOU UNDERSTAND THAT YOUR CONTINUED PARTICIPATION AFTER SUCH MODIFICATION WILL INDICATE YOUR ACCEPTANCE TO THE MODIFIED TERMS.
The RIGEAR Partner Program Terms and Conditions (“Terms”) are an agreement between RIGEAR SDN BHD and its partners (“RIGEAR”, “our” or “we”) and the individual applying to join (“you” or “your”) the RIGEAR Partner Program (“Program”). These Terms will govern your application as well as participation in the Program.
BY APPLYING TO THE PROGRAM, YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE, THAT YOUR PARENT OR LEGAL GUARDIAN AGREES TO BE BOUND BY THESE TERMS OF SERVICE IF YOU ARE BETWEEN 13 AND THE AGE OF LEGAL MAJORITY IN YOUR JURISDICTION OF RESIDENCE, YOUR APPLICATION IS ACCURATE AND YOU UNDERSTAND AND ACCEPT THESE TERMS.
Purpose of the RIGEAR Partner Program
RIGEAR aims to create an organic partnership program that puts the content creator first, through relationship building with streamers and other content creators who have a passion for our brand, embody our core values, and embrace the diversity of the gaming community. The Program will give persons accepted into the Program (“RIGEAR Partners”) access to certain perks, benefits and support as determined by RIGEAR to facilitate the growth and goals of both RIGEAR and RIGEAR Partners.
To become a RIGEAR Partner, you must complete the RIGEAR Partner Application (“Application”) and participate in the Application process. The Application will ask you to provide RIGEAR with various information about you and you agree to truthfully answer all such questions.
RIGEAR reserves the right to reject any Application in our sole discretion. While RIGEAR can't give specifics on its decision making, it does take into consideration numerous factors when evaluating nominations, including frequency of content creation and platform engagement. If you are accepted into the Program, you will be deemed a RIGEAR Partner.
You have no obligation to provide RIGEAR with ideas for improvement, suggestions or other feedback (collectively, “Feedback”), in connection with the Program, RIGEAR content, or any other RIGEAR products or services. If, however, you provide any such Feedback, you hereby grant to RIGEAR a non-exclusive, transferable, irrevocable, worldwide, royalty-free license (with rights to sublicense) to make, use, sell, offer to sell, reproduce, modify, distribute, make available, publicly display and perform, disclose and otherwise exploit the Feedback. Feedback here in other words may be deemed as an idea (“Idea”).
You acknowledge and agree that:
- If you are provided access to RIGEAR Partner channels (e.g. Discord, etc.) or any other RIGEAR affiliated channels, you shall abide by any and all rules thereof, imposed in RIGEAR’s sole discretion, keep all login credentials to such platforms and channel safe and not share them with any other person; and
- Your digital and online presence in any medium and on any platform throughout the world, whether currently existing or hereinafter devised, including without limitation, live streaming or recorded audio-visual content, photographs, videos, written documentation, blogs, vlogs, podcasts, audio recordings, and/or social media posts, relating to, arising out of, or in connection with, the Program, RIGEAR, or any of RIGEAR’s partners (“Content”), will not contain subject matter that, is inappropriate, indecent, obscene, offensive, sexually explicit, pornographic, hateful, tortious, defamatory; promotes bigotry, racism, hatred or harm against any group or individual; promotes discrimination based on race, gender, ethnicity, religion, nationality, disability, sexual orientation, or age; promotes alcohol, illegal drugs, or tobacco; is inconsistent with the message, brand, or image of RIGEAR or its partners, is in violation of the terms of service of any third party platform or service, is unlawful, or is in violation or contrary to the laws or regulations of any jurisdiction in which your Content is created.
Third Party Services
RIGEAR may engage third party vendors in relation to this Program. Such vendors may process your personal information for the purposes of provision and administration of the Application and Program, to interact or communicate with you, and for other related activities and processes.
You acknowledge that any non-public information shared with you in connection with your Application to or participation in the Program are the confidential information of RIGEAR and you agree that you will keep such information strictly confidential, not disclose it to any third party, and not use it for any purpose other than as permitted in accordance to these Terms. Access to some RIGEAR content may require you to sign additional confidentiality terms. You may only disclose your status as a RIGEAR Partners provided you comply with your obligations under these Terms and do not (a) misrepresent or embellish the relationship between you and RIGEAR; and (b) express, suggest, or imply that we endorse you or your business or any other cause, concern, or organisation.
In its sole discretion, RIGEAR may terminate the Program or your status as a RIGEAR Partner for any reason or no reason, effective immediately. As of the effective date of termination, you (a) must delete any reference to your status as a RIGEAR Partner and stop access to any RIGEAR Partner sites, channels, or platforms; and (b) may be asked to remove some or all of your Content. RIGEAR may terminate the Program or your status without any notice or compensation.
Warranties and Disclaimers
- By You. You represent and warrant that (a) your Content and any Feedback provided to RIGEAR by you is your original work or you obtained it in a lawful manner; (b) our and our sublicensees’ use and exercise of the rights and licenses granted by you pursuant to these Terms will not infringe or violate any rights of any third party; and (c) your Content will be in compliance with all applicable law and you are solely responsible for your Content and the consequences of posting or publishing it, including but not limited to any endorsements or testimonial you make regarding any RIGEAR product or service.
- RIGEAR Disclaimer. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, RIGEAR, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS, SUPPLIERS, LICENSORS AND DISTRIBUTORS (COLLECTIVELY, THE “RIGEAR ENTITIES”) DO NOT MAKE ANY REPRESENTATIONS, PROMISES, OR WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE PROGRAM, INCLUDING BUT NOT LIMITED TO ANY INFORMATION, CONTENT, OR MATERIALS CONTAINED THEREIN, ANY RIGEAR CONTENT PROVIDED TO YOU AND OR ANY RIGEAR PRODUCTS OR SERVICES PROVIDED TO YOU AS PART OF THE PROGRAM (TOGETHER, THE “PRODUCTS”). WE PROVIDE THE PRODUCTS “AS-IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” YOUR USE OF THE PRODUCTS IS AT YOUR OWN RISK, AND WE DO NOT REPRESENT, PROMISE, OR WARRANT THAT THE PRODUCTS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU UNDERSTAND AND AGREE THAT NO DATA TRANSMISSION OVER THE INTERNET OR INFORMATION STORAGE TECHNOLOGY CAN BE GUARANTEED TO BE SECURE, AND THE RIGEAR ENTITIES EXPRESSLY DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, TO THAT EFFECT. THE RIGEAR ENTITIES MAKE NO COMMITMENTS, PROMISES OR WARRANTIES ABOUT THE PRODUCTS OR ANY CONTENT LINKED THEREFROM, THE SUPPORT THEY MAY PROVIDE FOR PRODUCTS, THE SPECIFIC FUNCTIONS OF THE PRODUCTS, THE SECURITY OF THE PRODUCTS, OR THE PRODUCTS’ RELIABILITY, QUALITY, ACCURACY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS, PROVIDE CERTAIN OUTPUTS OR ACHIEVE CERTAIN RESULTS. SOME JURISDICTIONS PROVIDE FOR CERTAIN IMPLIED WARRANTIES, SUCH AS THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE RIGEAR ENTITIES DISCLAIM ANY AND ALL IMPLIED OR EXPRESS PROMISES OR WARRANTIES ABOUT THE PRODUCTS.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE RIGEAR ENTITIES WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND OR NATURE, INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITS , WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT (INCLUDING, WITHOUT LIMITATION, THE BREACH OF THESE TERMS OR ANY TERMINATION OF THIS AGREEMENT), TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE AS RELATED TO THE PROGRAM, INCLUDING BUT NOT LIMITED TO ANY INFORMATION, CONTENT, OR MATERIALS CONTAINED THEREIN, OR THE PRODUCTS AND/OR THE USE THEREOF, EVEN IF THE RIGEAR ENTITIES HAVE BEEN WARNED IN ADVANCE OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE. IN NO EVENT WILL THE RIGEAR ENTITIES MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT EXCEED RM200.
PLEASE READ THE FOLLOWING CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH RIGEAR AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM RIGEAR.
FURTHER, YOU AND RIGEAR AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PROGRAM OR THESE TERMS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Except as expressly provided otherwise, these Terms shall be governed by, and will be construed and enforced under, the laws, rules and regulations of the United States of America and the laws, rules and regulations of the State of California, excluding conflict of law rules and principles.
- Independent Contractor. You and RIGEAR are independent contractors and nothing in these Terms will be construed as establishing an employment or agency relationship between you and us. Neither party will have the authority to bind the other party by contract or otherwise, and neither party will hold itself out, expressly or impliedly, as having such authority.
- Modification. RIGEAR reserves the right to change or modify these Terms without prior notice. You understand that if you continue to participate in the Program after such an amendment of the Terms, such participation will indicate your acceptance of the amended Terms.
- Severability. If any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement will remain in full force and effect, and the provision affected will be construed so as to be enforceable to the maximum extent permissible by law.
- Waiver. The failure by a party to enforce any provision of these Terms will not constitute a waiver of future enforcement of that or any other provision by such party.
- Assignment. You may not assign any of your rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent RIGEAR.
- Entire Agreement. These Terms constitute the complete and exclusive understanding and agreement of the parties with respect to its subject matter and supersedes all prior or contemporaneous understandings and agreements, whether written or oral, with respect to its subject matter. Any waiver, modification or amendment of any provision of these Terms will be effective only if in writing and signed by a registered signatory of RIGEAR.
Note: Partner Terms may change from time to time without any prior notice.