Program Application


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    Conversion action Online purchase with processed valid payment
    Attribution Window 14 days
    Commission type Percent of Sale
    Base commission 8.00%

    Our BedJet climate comfort system just for beds is the most exciting new technology in the sleep and mattress industry. The BedJet is a Bluetooth App enabled cooling, heating and night sweat management machine that works on any size existing bed or mattress. It fits under or next to your bed and provides luxurious on-demand temperature control. It transforms your bed into a luxurious temperature controlled oasis and helps people sleep better. BedJet’s unique sleep technology has made us #1 in our category with 89% 5-star reviews and the American market leader for climate control bed systems.

    Our program details are as follows:

    • Commission Payout: 8% commission per sale.
    • Cookie Length: 60 days
    • Auto Deposit: turned-on
    • Creatives and tools to help you sell, including banners, text links
    • 100% Parasite Free Program

    By signing up as an affiliate of BedJet you agree to the following Terms and Conditions:

    This agreement is by and between BedJet and/or their assigns and all subscribers. Unless the context requires otherwise, BedJet and/or their assigns shall be referred to as "us, we, or our" and you shall be referred to as "you, your or subscriber."

    PAY PER CLICK (PPC) Bidding Restrictions

    We do allow affiliates to promote our websites using pay per click marketing, the only restriction is you many not bid on keyword terms or phrases that are: A) A company name or any variation of a company owned domain name, to include misspellings, www, com, net, spaces, dashes, etc. and B) A company product name or any variation of a product that we sell, to include misspellings, altered titles, etc.

    A. Prohibited SEM Bidding & Web Site Domain & URL Keywords Restricted Keywords: BedJet or derivatives of our brand name are protected. The list includes, but not limited to: BedJet.yoursite.com is not acceptable. Here are additional protected words: BedJet, Bed Jet, BedJet com, www BedJet, www Bed Jet, www. BedJet, www. Bed Jet www.BedJet.com, BedJet dot com, Bed Jet dot com, BedJet coupons, BedJet promotional code, BedJet promotional codes, BedJet promo, BedJet promo code, BedJet discount code, BedJet discount codes, BedJet coupon, BedJet coupons, BedJet info, Bed Jet info, BedJet information, Bed Jet information, BedJet official site, Bed Jet official site, BedJet official website, Bed Jet official website, BedJet product, Bed Jet product, BedJet site, Bed Jet site, BedJet specials, Bed Jet specials, BedJet website, Bed Jet website, www BedJet com, www Bed Jet com, and ALL keywords and key-phrases which include our trademarks. We will do everything possible to contact the violating affiliate prior to banning them. However, we reserve the right to expel any violator from our affiliate program without prior notice, and on the first occurrence of such PPC bidding behavior. Unless otherwise noted in the individual campaign's description, affiliates are also prohibited from using trademarks of other parties participating in BedJet’s campaigns. We take our Paid Search Policy seriously. VIOLATORS WILL FORFEIT COMMISSIONS ON RESPECTIVE ORDERS AND REPEAT OCCURRENCES OF PAID SEARCH POLICY VIOLATIONS WILL LEAD TO BEING REMOVED FROM THE PROGRAM.

    Important: YOUR SERVICE WILL BE TERMINATED IMMEDIATELY AND WITHOUT WARNING SHOULD YOU USE OUR SYSTEM AS PART OF ANY BULK EMAIL CAMPAIGN OR IF YOU SEND SPAM OR UNSOLICATED EMAIL OF ANY KIND. We only allow our affiliates to use email marketing if it is to an opt-in list they have built from scratch, or to their customer list. All email promotions have to be approved prior to sending. We do NOT allow affiliates to promote the products via safe lists or co-registration lists. If you violate these rules we will have no choice but to terminate your account and you will also forfeit all outstanding commissions. You may also be subject to fines and legal actions.
    You understand that BedJet and/or their assigns does not guarantee or predict any type of profit or response from said services. Subscriber agrees to hold BedJet harmless from and against any and all losses, claims, expenses, suits, damages, costs, demands or liabilities, joint or several, of whatever kind or nature which BedJet and/or their assigns may become subject arising out of or relating in any way to the use of the services provided under this agreement, including, without limitation, in each case attorneys' fees, costs and expenses actually incurred in defending against or enforcing any such losses, claims, expenses, suits, damages or liabilities.

    B. FTC Clause Affiliates are required to stay compliant with the Federal Trade Commission (FTC) guidelines on testimonials and endorsements. All endorsements, reviews, testimonials on BedJet products and services, as well as relationships between other types of content websites (forums, blogs, microblogs and other Social Media channels) and BedJet must be clearly disclosed in a separate policy on the affiliate sites. FTC points out that “when there exists a connection between the endorser and the seller of the advertised product” it is imperative that such connection is “fully disclosed”. FTC deems the relationship in an endorser-sponsor light, and believes that the end user has the right to understand that one exists. We share the undergirding idea of this approach, and strongly encourage our affiliates to adhere to the FTC’s rules. We also reserve the right to terminate relationship with any non-compliant affiliates.

    C. Coupons Policy Publishers may only use coupons and promotional codes that are provided exclusively through the BedJet affiliate program. Promoting coupons intended for distribution through other marketing channels used by BedJet (e.g.: retargeting, email, social, etc.) is strictly prohibited. Harvesting of coupons is prohibited, and may result in termination from BedJet affiliate program. Similarly, affiliates who "harvest" and promote coupons intended for other affiliates (e.g.: exclusive promotions) may have related transactions voided.

    D. Other - Affiliates may not issue public materials, including press releases, about the relationship without prior written consent. Disallowed sites include: Any illegal, porn, hate, etc. on your site, or on sites that you link to. Do not to use promotional means that contain objectionable content, including but not limited to content that is misleading, libelous, defamatory, obscene, violent, bigoted, hate-oriented, illegal, and/or promoting illegal goods, services or activities

    E. Adware/BHO Policy

    Affiliate shall not transmit any so-called “interstitials,” “Parasiteware™,” “Parasitic Marketing,” “Shopping Assistance Application,” “Toolbar Installations and/or Add-ons,” “Shopping Wallets” or “deceptive pop-ups and/or pop-unders” to consumers from the time the consumer clicks on a qualifying link until such time as the consumer has fully exited BedJet site (i.e., no page from our site or any BedJet’ content or branding is visible on the end-user’s screen). As used herein a. “Parasiteware™” and “Parasitic Marketing” shall mean an application that (a) through accidental or direct intent causes the overwriting of affiliate and non-affiliate commission tracking cookies through any other means than a customer initiated click on a qualifying link on a web page or email; (b) intercepts searches to redirect traffic through an installed software, thereby causing, pop ups, commission tracking cookies to be put in place or other commission tracking cookies to be overwritten where a user would under normal circumstances have arrived at the same destination through the results given by the search (search engines being, but not limited to, Google, MSN, Yahoo, Bing, and similar search or directory engines); (c) set commission tracking cookies through loading of BedJet site in IFrames, hidden links and automatic pop ups that open BedJet site; (d) targets text on web sites, other than those web sites 100% owned by the application owner, for the purpose of contextual marketing; (e) removes, replaces or blocks the visibility of affiliate banners with any other banners, other than those that are on web sites 100% owned by the owner of the application.

    F. Content Usage Rights and License Grant

    By participating in the BedJet affiliate program, you grant BedJet and its assigns a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display any and all content you create that features, mentions, references, or displays the BedJet brand name, trademarks, logos, products, or services (collectively, "Affiliate Content"). This includes, but is not limited to:

    Social media posts, stories, reels, and videos

    Blog posts, articles, and written reviews

    Photographs, images, and graphics

    Video content and livestreams

    Email campaigns and newsletters

    Testimonials and product reviews

    User-generated content of any kind

     

    BedJet may use such Affiliate Content for any commercial or non-commercial purpose, including but not limited to marketing, advertising, promotional materials, website content, social media, and any other media channels, whether now known or hereafter developed, without further compensation to you or requirement of additional permission.

    You represent and warrant that: (a) you own or have obtained all necessary rights to the Affiliate Content you create; (b) the Affiliate Content does not infringe upon any third party's intellectual property rights or other proprietary rights; and (c) you have obtained all necessary permissions, releases, and consents from any individuals appearing in the Affiliate Content.

    You acknowledge that BedJet is under no obligation to use any Affiliate Content and may remove or cease using any Affiliate Content at its sole discretion.

    G. Services to be Provided. We agree to pay you certain commissions as described on our website for referral sales made by customers.

    H. Termination. We may terminate your account: (a) If you violate our Terms of Service Policy; (b) if you promote BedJet in a manner that is unethical or inappropriate (c) if your account is inactive for a period of 90 days by either 1. Producing no 1st tier product sales or (d) for any reason, in our sole discretion.

    I. TERMS. You agree: (1) to use our system in a manner that is ethical and in conformity with community standards; (2) to respect the privacy of other users (you shall not intentionally seek data or passwords belonging to other users, nor will you modify files or represent yourself as another user unless explicitly authorized to do so by that user); (3) to respect the legal protection provided by copyright law, trade secret law, or other laws protecting intellectual property. 4) to accept commercial emails from us. If we learn of a violation or likely violation of our TERMS OF SERVICE, we will attempt to notify you. If you do not take immediate remedial action which is satisfactory to us, or in the event of a serious violation of the TERMS OF SERVICE, we reserve the right to terminate your account immediately. Every effort will be made to inform you prior to account termination, and to re-establish your account upon receiving such representations from you as we deem appropriate in the circumstances.

    J. Assignment. This agreement is personal to you. You may not assign your rights under this agreement without our prior written consent. If you do assign your rights, as would be the case were someone other than you to use your account, you shall remain liable to us for any fees due under this agreement. We may assign this agreement at any time.

    K. Change of Terms and Conditions. We reserve the right to change the terms and conditions of this agreement as needed. Use of our servers by you after said changes constitutes acceptance of those new terms and conditions. If you do not agree to the new terms and conditions, you may terminate this agreement in accordance with Section B.

    L. Notification of Account Changes. You agree to provide us with such other information relating to your use of this service as we deem necessary or desirable. You agree to notify us if your address, email address, telephone number, billing information changes.

    M. Notices. All notices, requests, demands, and other communications under this agreement shall be in writing and shall be deemed to have been given on the date of delivery: if delivered personally to the party to whom notice is to be given; if sent by electronic mail with a cc: to sender; if sent by fax; or on the third day after mailing by first class mail.

    N. Commission. We pay out a negotiated percentage commission per affiliate generated sale. Affiliates that have high sales volume and/or high average order value (value per customer), may qualify for monthly bonuses. We reserve the right to void commissions on your account for reasons that we feel are appropriate. It is usually the result (but are not limited to) excessive clicks from the same IP address, fraudulent orders, declines from the referred customers credit card. In the event that this may occur we will notify you.

    O. Payment. All commission payments will be processed and paid after 60-days when the return period ends for the product.

    P. Fraud. If you commit fraud or falsify information that is being registered from links on your site connected to any BedJet owned site, this Agreement will be terminated immediately. In addition, if BedJet suffers damages if any as a result of such actions you will be liable. You will be responsible for returning to BedJet all commissions received for the fraudulent sales. We will pursue legal action against you to the fullest extent possible under the law.

    Q. General Provisions. The subject headings of the articles and sections are for convenience only, and shall not affect the construction or interpretation of any of its provisions. If any portion of this agreement is found invalid or unenforceable, that portion shall be severed and the remainder of this agreement shall remain in force. This agreement constitutes the entire agreement between us pertaining to its subject matter and supersedes all of our prior agreements, representations, and understandings. Subject to Section J, no supplement, modification, or amendment of this agreement shall be binding unless executed in writing by both parties. No waiver of any of the provisions of this agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. The BedJet’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision.

    This agreement may be executed in one or more counterparts. Each shall be deemed an original, but all of which together shall constitute one and the same instrument. If an organization is the subscriber, the individual signing up for our services represents that he or she is duly authorized to enter into this agreement on behalf of that organization. In the event of a dispute, the parties agree to submit the matter to the Community Dispute Resolution Service or any recognized Arbitration Board located within our state and county, before instituting litigation.

     

    R. Liability and indemnification

    Indemnification

    To the maximum extent not prohibited by applicable law, you agree to release, defend, indemnify, and hold BedJet and its affiliates, licensors, and service providers harmless from and against any claims, liabilities, damages, losses, costs, and expenses, or any other injuries, losses, or damages (whether compensatory, direct, incidental, consequential, or otherwise) of any kind, and including reasonable legal fees and litigation expenses and costs, arising out of or relating to or in any way connected with your access to or use of the affiliate program, your breach of the Terms, or your gross negligence or willful misconduct.

    U.S. Limitation of liability

    YOU ACKNOWLEDGE AND AGREE THAT ACCESSING AND USING BEDJET SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU HEREBY RELEASE BEDJET AND WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGES CAUSED BY ANY OF THE FOREGOING. WITHOUT LIMITING THE FOREGOING, BEDJET DISCLAIMS ANY AND ALL LIABILITY RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES. IN NO EVENT WILL COMPANY BE LIABLE FOR ANY (A) INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR (B) DAMAGES FOR LOST REVENUES OR PROFITS, LOSS OF OPPORTUNITY, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER BASED IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

    THESE LIMITATIONS AND EXCLUSIONS APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.  IN THE EVENT THAT THE FOREGOING LIMITATION OF LIABILITY IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, COMPANY’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO TEN U.S. DOLLARS (US$10). 

    NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT THE LIABILITY OF EITHER PARTY FOR DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE. SOME JURISDICTIONS FURTHER DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OR OTHER DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

    Class Action Waiver

    EXCEPT WHERE PROHIBITED UNDER APPLICABLE LAWS, ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THE ARBITRATION AGREEMENT IN PARAGRAPH BELOW MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A COLLECTIVE CLASS BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE.

    Dispute Resolution 

    Disputes. The terms of this Section shall apply to all Disputes between you and BedJet. For the purposes of this Section, “Dispute” shall mean any dispute, claim, controversy or action between you and BedJet arising under or relating to your use of the Services, these Terms, or any other transaction involving you and BedJet, whether in contract, warranty, misrepresentation, fraud, tort, intentional tort, statute, regulation, ordinance, or any other legal or equitable basis, and shall be interpreted to be given the broadest meaning allowable under law. YOU AND COMPANY AGREE THAT “DISPUTE” AS DEFINED IN THIS AGREEMENT SHALL NOT INCLUDE ANY CLAIM OR CAUSE OF ACTION BY COMPANY FOR: (1) TRADE SECRET MISAPPROPRIATION; (2) PATENT INFRINGEMENT; (3) COPYRIGHT INFRINGEMENT OR MISUSE; (4) TRADEMARK INFRINGEMENT OR DILUTION; OR (5) ANY OTHER CLAIM FOR WHICH INJUNCTIVE RELIEF IS APPROPRIATE IN THE SOLE DISCRETION OF COMPANY. 

    Opt-Out. You may elect to opt-out (exclude yourself) from the final, binding individual arbitration procedure and waiver of class and representative proceedings specified in this section by sending a written letter to BedJet at Contact Us within thirty (30) calendar days of your initial agreement to these Terms (including your first use of the Services) that specifies: (1) your name; (2) your mailing address; (3) and your request to be excluded from the final, binding individual arbitration procedure and waiver of class and representative proceedings specified in this Section. In the event that you opt-out consistent with the procedures set forth above, all other terms of these Terms shall continue to apply.

    Dispute Notice. In the event of a Dispute, you or BedJet must first send to the other party a notice of the Dispute that shall include a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the Dispute, and the relief requested (the “Dispute Notice”). The Dispute Notice to BedJet must be addressed to [email protected] and to the then current company address publicly available on our website.   The Dispute Notice to you will be sent by certified mail to the most recent address we have on file or otherwise in our records for you, or via email if we do not have any such address on file. If BedJet and you do not reach an agreement to resolve the Dispute within sixty (60) calendar days after the Dispute Notice is received, you or BedJet may proceed to mediation as articulated in this Section. You and BedJet will work in good faith to schedule the informal conference at a mutually convenient time. If you are represented by counsel, your counsel may participate in the informal dispute resolution conference, but you shall also fully participate in such discussions. The arbitrator may dismiss any arbitration brought without first proceeding through the informal dispute resolution conference.  

    Mediation. In the event the parties cannot resolve the Dispute via the informal dispute resolution conference, the Dispute must first be submitted to non-binding mediation before a neutral third party before it may proceed to arbitration. Selecting the mediator, the appropriate terms for mediation (including costs), and a date for mediation shall be negotiated in good faith between the parties. The administrative fees associated with mediation shall be negotiated between the parties, but you will not be required to pay any such fees that exceed those fees you would be required to pay if proceeding in a court of law. Such fees also will not include attorneys’ fees and costs, if any, unless awarded during mediation. If the parties cannot agree to appropriate terms concerning mediation, the parties shall be entitled to proceed with an arbitration proceeding pursuant to this section. 

    Binding Arbitration. In the event mediation is unsuccessful, you and BedJet agree: (1) to arbitrate all Disputes between you and BedJet pursuant to the provision of these Terms; (2) these Terms memorializes a transaction in interstate commerce; (3) the Federal Arbitration Act (9 U.S.C. § 1, et seq.) governs the interpretation and enforcement of this Section (notwithstanding the choice-of-law provision contained herein); and (4) this Section shall survive termination in these Terms.

    Small Claims Court. Notwithstanding the foregoing, you may bring an individual action in the small claims court of your state, municipality, province or territory if the action is within that court’s jurisdiction and is pending only in that court.

    WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS. YOU AND COMPANY AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING WITHOUT LIMITATION FEDERAL OR STATE CLASS ACTIONS, OR CLASS ARBITRATIONS. ACCORDINGLY, UNDER THE ARBITRATION PROCEDURES OUTLINED IN THIS SECTION, AN ARBITRATOR SHALL NOT COMBINE OR CONSOLIDATE MORE THAN ONE PARTY’S CLAIMS WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES TO AN ARBITRATION PROCEEDING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AND COMPANY AGREE THAT NO DISPUTE SHALL PROCEED BY WAY OF CLASS ARBITRATION WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES.

    MASS ACTION WAIVER. You and BedJet agree that any Dispute between you shall be resolved only in an individual arbitration pursuant to this Section. You and BedJet expressly waive the right to have any dispute, claim, or controversy brought, heard, administered, resolved, or arbitrated as a Mass Action, as defined below, and neither an arbitrator nor an arbitration provider shall have any authority to hear, arbitrate, or administer any Mass Action to award relief to anyone but the individual in arbitration, unless otherwise provided in this section. “Mass Action” includes instances in which you or BedJet are represented by a law firm or collection of law firms that has filed 25 or more arbitration demands of a substantially similar nature against the other party within 180 days of the arbitration demand filed on you or BedJet’s behalf, and the law firm or collection of law firms seek to simultaneously or collectively administer and/or arbitrate all arbitration demands in the aggregate. Notwithstanding this section, nothing prevents you or BedJet from participating in a mass settlement of claims.

    Special Master Appointment. In the event there is a dispute concerning the Mass Action Waiver, the parties agree to resolve such dispute before a Special Master appointed by the arbitration provider and agreed to between the parties. The Special Master shall have authority to resolve disputes concerning: (i) filing fees owed with respect to any Mass Action; (ii) any dispute regarding whether this arbitration agreement has been followed; (iv) whether claimants are barred from proceeding with a Mass Action; (v) any dispute relating to the representation of the same claimant by multiple law firms; (vi) any dispute regarding discovery common to all claims; and (vii) any disputes regarding legal or factual issues common to all claims. If the Special Master determines you violated the Mass Action Waiver, either party shall have the opportunity to opt-out of arbitration within 30 days of the arbitrator’s decision. You may opt-out of arbitration by providing a written notice [INSERT E-MAIL]. BedJet may opt-out of arbitration by sending written notice of its intention to the arbitration provider and to you or your attorney, agent, or representative. For the avoidance of doubt, the ability to opt-out of arbitration at this stage in the proceedings only applies if the arbitrator or panel of arbitrators determines that you have violated the Mass Action Waiver. If the parties proceed with arbitration, the parties agree to the batching procedures below.

    Batching. After proceedings before the Special Master have concluded, and to the extent any Mass Actions are permitted to proceed, the parties agree that Mass Actions will be batched into groups of no more than 200 demands per batch by state of residence (with any remaining demands batched into a single group). The parties shall inform the arbitrator of the batches and their composition within 14 calendar days of the conclusion of proceedings before the Special Master. The arbitration provider shall treat each batch of claims as one case, with each case having one demand for arbitration, one appointed arbitrator, and one set of administrative documents and filing fees per batch. The parties shall randomly assign sequential numbers to each batch, and only one batch shall proceed to arbitration at a time in the order of the random sequential numbers. A separate arbitrator will be appointed to, and administrative and filing fees assessed for, each batch as the batch proceeds to arbitration. 

    Arbitration Procedure. If a party elects to commence arbitration, the arbitration shall be administered by the American Arbitration Association (AAA) and be governed by the applicable AAA rules to the Dispute; except AAA may not administer any multiple claimant or class arbitration, as the parties agree that the arbitration shall be limited to the resolution only of individual claims. If there is a conflict between the AAA rules and the rules set forth in these Terms, the rules set forth in these Terms shall govern. All Disputes shall be resolved by a single neutral arbitrator, and both parties shall have a reasonable opportunity to participate in the selection of the arbitrator. The arbitrator is bound by the terms of these Terms. The arbitrator, and not any federal, state, provincial, territorial, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. 

    Hearing Format. Unless otherwise agreed, the arbitration shall take place in Rhode Island, but may proceed telephonically in the event the total amount of the claim does not exceed $2,500 U.S. dollars (if the claimant so chooses). In all hearing formats, the arbitrator shall issue a written decision that explains the essential findings and conclusions on which an award, if any, is based. During the arbitration, the amount of any settlement offer made by BedJet or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or BedJet is entitled. The discovery or exchange of non-privileged information relevant to the Dispute may be allowed during the arbitration.

    Arbitration Fees. BedJet will pay, or (if applicable) reimburse you, for all AAA (as applicable) filing, administration, and arbitration fees for any arbitration commenced by you or BedJet pursuant to these Terms. You are responsible for all additional costs that you incur in the arbitration, including, without limitation, fees for attorneys or expert witnesses. 

    Amendments to this Section. Notwithstanding any provision in these Terms to the contrary, you and BedJet agree that if BedJet makes any material amendments to the dispute resolution procedure and class action waiver provisions in these Terms, BedJet will notify you and you will have thirty (30) calendar days from the date of notice to affirmatively opt-out of any such amendments by sending a written letter to the BedJet Notice Address that specifies: (1) your name; (2) your mailing address; and (3) your request to opt-out of such amendments. If you affirmatively opt-out of any future amendments, you are agreeing that you will arbitrate any Dispute between us in accordance with the language of this Section as stated in these Terms, without any of the proposed amendments governing. If you do not affirmatively opt-out of any future amendments, you will be deemed to have consented to any such future amendments. 

    Severability. If any provision in this Section is found to be unenforceable, that provision shall be severed with the remainder of these Terms remaining in full force and effect. The foregoing shall not apply to the prohibition against class or representative actions; if the prohibition against class or representative actions is found to be unenforceable, this entire Section shall be null and void.  The terms of this Section shall otherwise survive any termination of these Terms. 

    Exclusive Venue for Other Controversies. BedJet and you agree that any controversy excluded from the dispute resolution procedure and class action waiver provisions in this Section (other than an individual action filed in small claims court) shall be filed only in the courts located within the State of Rhode Island, and each party hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts for any such controversy.

     

     

    BY SIGNING UP AS AN AFFILIATE OF BEDJET YOU ARE CONFIRMING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS AND CONFIRM THAT YOU ARE AN ADULT OF AT LEAST 18 YEARS OF AGE (19 OR 21 WHERE APPLICABLE).