Referral Policy

Host Referral Program Terms and Conditions

Relay International Inc. ("we," "us" “Relay") offers you (“you”, “user”) the opportunity to earn compensation by referring people (“Program” or “Referral Program”) to sign up for our hosting program of network devices (a “Device”) used for mining cryptocurrencies.

The Referral Program is administered by us. We reserve the right to terminate the Referral Program at any time for any reason. In the event of a termination, Relay, in its discretion, will notify you if all or part of the Payments under the Referral Program shall cease.

These terms ("Terms") apply to your participation in the Referral Program. A “Host” is a residential home lessee or owner with onsite stable and consistent internet connections (the “Premises”) who chooses to host a Device on their Premises. By participating in the Referral Program, you agree to use the Referral Program as outlined herein, and consistent with any other terms we may apply to the Referral Program. If you do not agree to these Terms in their entirety, then you cannot register and participate in the Referral Program. You also cannot register and participate in the Referral Program if doing so you would violate any applicable law or regulations. Relay reserves the right to cancel or suspend this Program, in its sole discretion, for any reason whatsoever.

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Eligibility

Users who refer others to the program are "Referrers"; those who are referred are "Referred Hosts."

A Referrer (whether you are a host yourself) who refers a Host receives an amount equal to five percent (5%) of the Referred Host’s monthly earnings (“Referrer’s Fee”), up to a maximum of $100 per month for each Referred Host the Referrer refers. The Referred Host shall have an Active Device throughout the entire month in order for the Referrer to be eligible to receive the Referrer’s Fee (as further explained under the Payment Policy). The rates, terms, and conditions under which Relay offers the Program are determined and subject to change by Relay in its sole discretion, and are subject to changes pursuant to Relay’s Payment Policy.

No Referrer is entitled to a Referrer’s Fee where this referral program is prohibited. Relay maintains sole discretion in determining whether a referral program is prohibited in a certain geographical location. Participation in the Program represents an ongoing relationship with you, for privacy purposes. So long as you remain in the Program, you will be considered an active member of the Program. Please see our privacy policy for further details on your privacy rights: Relay's Payment Policy.

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Payments

Payments to Referrers are processed pursuant to Relay’s Payment Policy.

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How It Works

To participate, once you have created your account with Relay, check the box next to "Agree to Referral Policy" and follow the on-screen instructions to start referring. You will be provided a link which you can share with your friends and colleagues as much as you want.

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Independent Contractor.

Referrer is an independent contractor of Relay, and these Terms shall not be construed to create any association, partnership, joint venture, employee, or agency relationship between Referrer and Relay for any purpose. Referrer has no authority (and shall not hold itself out as having authority) to bind Relay, and Referrer shall not make any agreements or representations on Relay's behalf without Relay's prior written consent. The Referrer acknowledges and agrees it is the Referrer’s sole responsibility to pay such taxes.

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Liability Release

Except where prohibited, Referrer agrees that by participating in the Program, they agree:

(1) to be bound by these Terms, the decisions of Relay and its administrators and affiliates (if any) and/or their designees (the “Relay Entities”) , the Relay website Terms of Service, and privacy policies.

(2) to release and hold harmless the Relay Entities and their respective parent companies, affiliates and subsidiaries, together with their respective employees, directors, officers, licensees, licensors, shareholders, attorneys and agents including, without limitation, their respective advertising and promotion entities and any person or entity associated with the production, operation or administration of the Program (collectively, the “Released Parties”), from any and all claims, demands, damages, losses, liabilities, costs or expenses caused by, arising out of, in connection with, or related to their participation in the Program (including, without limitation, any property loss, damage, personal injury or death caused to any person(s) and/or the awarding, receipt and/or use or misuse of the Program or any compensation received through the Program); and (3) to be contacted by Relay Entities via email.

Except where prohibited by law, the Released Parties shall not be liable for: (i) late, lost, delayed, stolen, misdirected, incomplete unreadable, inaccurate, garbled or unintelligible entries, communications or affidavits, regardless of the method of transmission; (ii) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iv) any injuries, losses or damages of any kind resulting from acceptance, possession or use of compensation received through the Program, or from participation in the Program; or (v) any printing, typographical, administrative or technological errors in any websites or materials associated with the Program. The Relay Entities disclaim any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with this Program, and reserve the right, in their sole discretion, to cancel, modify or suspend the Program should a virus, bug, computer problem, unauthorized intervention or other causes beyond the Relay Entities’ control, corrupt the administration, security or proper play of the Program.

Relay will not be liable in any amount for failure to perform any obligation under the terms of this Program if that failure is caused by the occurrence of an event caused by the Referrer, Referred Host, by a third-party as a result of the Referrer’s actions, or by any technical risks as described in Relay’s Terms of Service. If any failure of performance by us is due to actions by a governmental entity, this Program may be suspended or terminated in Relay’s sole discretion. To the maximum extent permitted by law, Relay is excluded from liability for any losses or damages which the Referrer may suffer, whether the same are suffered directly or indirectly or are immediate or consequential, which fall within any of the following categories: (i) loss of cryptocurrency arising as a result of any of Referred Host’s acts or omissions, or any acts or omissions of any third party; and (ii) loss arising out of or in connection with any of the following:

any defect, breach, hack or insecurity in any third-party systems or Relay’s systems used to store or transmit cryptocurrency;

any inaccurate or incomplete information provided by the Referrer;

any changes to the regulatory, legislative or technical environment applicable to cryptocurrencies and/or mining of cryptocurrencies;

the acts or omissions of any bank or provider of banking services; or

any change in the value of any cryptocurrency at any time.

Relay does not offer any legal, financial, insurance, tax, investment or associated advice. No third-party may claim to be an intended beneficiary of this Program. Relay shall not be responsible for any damage, harm or loss to any third party.

As a condition of entering the Program, and unless prohibited by law, Referrers agree that under no circumstances will Referrers be entitled to any awards for any losses or damages, and Referrers hereby waive all rights to claim punitive, incidental, consequential and any other damages, and waives any and all rights to have damages multiplied or otherwise increased. A waiver of rights may not apply to you in your jurisdiction of residence. Additional rights may be available to you.

Referrer’s Code of Conduct

A Referrer agrees that it/he/she will not violate any of these Terms, or otherwise engage in activity that could be considered harassment toward other users. Referrers agree not to use the Program to:

Misrepresent Relay or its terms of the host program;
Violate the intellectual property rights of Relay;
Collect or attempt to collect personal data about users or potential Referred Hosts;
Engage in any actions designed to disrupt or undermine the Program;
Make attempts to gain unauthorized access to the software of the Program for any reason;
Transmit files that contain bots, viruses, works, Trojan horses, or any other file that could contaminate or otherwise destroy our intellectual property or stop the function of our services;
Engage in illegal activities;
Engage in any activities that violate the terms of the Referral Program;
Engage in behavior designed to annoy or harass others; or
Engage in actions that disparage or malign or call into question the reputation of Relay, in our sole discretion.

Inappropriate Behavior

The Relay Entities may prohibit anyone from participating in the Program or receiving compensation if they determine such Referral is attempting to undermine the fairness, integrity or legitimate operation of the Program in any way by cheating, hacking, deceiving, or any other unfair practices of intending to annoy, abuse, threaten or harass any other of our users (whether or not enrolled in the Program), or representatives of the Relay Entities. Use of any automated system to participate is strictly prohibited, and if discovered, will result in disqualification. We reserve the right to disqualify anyone, cancel participation in the Program, disable or suspect an account, and contact legal authorities (including law enforcement), if we should discover a user is tampering with the entry or referral process or the operation of the Program or violating these Terms. Referral Hosts generated by a script, macro or other automated means will be disqualified. If a solution cannot be found to restore the integrity of the Program, we reserve the right to cancel, change, or suspend the Program.

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Representations and Warranties

In referring a Referred Host, a Referrer shall only use materials and information provided by Relay in describing the Program and Relay’s operations. Referrer shall indemnify and hold harmless the Relay Entities from any damages, claims, losses or costs (including reasonable attorney fees) arising from or related to Referrer’s misrepresentations or warranties relating to the Program or Relay’s operations.

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Privacy

Participation in the Program may require a Referred Host and/or a Referrer to submit personal information about themselves. The personal information will be collected, processed and used in accordance with Relay’s Privacy Policy which can be found at https://relaydevice.com/legal/privacy-policy.

In addition, personal information may be used by Relay on Relay's behalf, to contact Referrers with regards to participation in the Program and to receive communications from Relay or third party administrators of the Program.

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Reservation of Rights

We reserve the right to modify or amend at any time these Terms and the methods through which users may participate in the Program. We reserve the right to disqualify any user at any time from participation in the Program if he/she does not comply with any of these Terms. The Relay Entities' failure to enforce any term of these Terms shall not constitute a waiver of that provision.

CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE PROGRAM. SHOULD SUCH AN ATTEMPT BE MADE, PROGRAM ENTITIES RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION

THE CONTENT, INFORMATION, LINKS AND FUNCTIONALITY OF THIS WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF NON INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL COMPONENTS. WITHOUT IN ANY WAY LIMITING THE PRIOR SENTENCE, WORLDPAY DOES NOT MAKE ANY REPRESENTATION OR WARRANTY THAT (I) THE CONTENT AND INFORMATION OF THIS WEBSITE IS ACCURATE, SECURE, COMPLETE OR OTHERWISE FREE FROM ERRORS AND OMISSIONS, OR (II) THE LINKS AND OTHER ASPECTS OF THE WEBSITE ARE FUNCTIONAL.

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Important Notices.

IMPORTANT RISK NOTICES. “Cryptocurrencies” refers to distributed, decentralized peer-to-peer digital currencies, coins, or tokens, and actions with cryptocurrencies carry inherent risks. Cryptocurrencies are uninsured, for most parts unregulated, and decentralized, and the value of any mining agreement or any amount of any cryptocurrency is subject to change due to fluctuating market prices. Relay makes no representation, warranty or guarantee as to how much compensation, if any at all, Referrer will receive under this Program relating to the Device.
NO WARRANTY; DAMAGE WAIVER. EXCEPT AS SPECIFICALLY PROVIDED IN THIS PROGRAM, REFERRER UNDERSTANDS AND AGREES THAT RELAY MAKES NO WARRANTY, EXPRESS, IMPLIED OR STATUTORY, AS TO ANY MATTER WHATSOEVER, INCLUDING THE CONDITION OF THE DEVICE, TECHNOLOGY USED BY THE DEVICE, REGULATORY COMPLIANCE OF THE DEVICE, ITS HOSTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. RELAY SHALL IN NO EVENT BE RESPONSIBLE FOR ANY REGULATORY COMPLIANCE REQUIREMENTS IMPOSED ON THE REFERRER, LOST PROFITS OR INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR INDIRECT DAMAGES THAT REFERRER MAY INCUR, EVEN IF RELAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER ARISING UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHERWISE. RELAY’S SOLE LIABILITY TO REFERRER HEREUNDER, EXCEPT AS OTHERWISE PROVIDED, SHALL BE TO REMEDY ANY BREACH OF THIS PROGRAM IN A TIMELY MANNER. NEITHER PARTY WILL BE LIABLE FOR FAILURE TO PERFORM ITS OBLIGATIONS UNDER THIS PROGRAM IF SUCH FAILURE IS DUE TO ACTS OR EVENTS BEYOND SUCH PARTY’S REASONABLE CONTROL, SUCH AS, WITHOUT LIMITATION, A CHANGE IN REGULATORY COMPLIANCE REQUIREMENTS.
IMPORTANT DISCLAIMERS. Relay uses the Device in operating cryptocurrency mining activities. However, Relay does not manufacture or control the features and functions of the Device.

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Waiver.

The failure of Relay to enforce at any time any provision of this Program or to exercise any right herein provided shall not in any way be construed to be a waiver of such provision or right and shall not in any way affect the validity of this Program or any part hereof, or limit, prevent or impair the right of Relay subsequently to enforce provision or exercise such right.

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Governing Law.

The terms of this Program shall be construed in accordance with the laws of the State of Delaware.

CLASS ACTION WAIVER.

THE PARTIES WAIVE ANY RIGHT TO ASSERT ANY CLAIMS AGAINST THE OTHER PARTY AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW OR DEEMED BY A COURT OF LAW TO BE AGAINST PUBLIC POLICY. TO THE EXTENT EITHER PARTY IS PERMITTED BY LAW OR COURT OF LAW TO PROCEED WITH A CLASS OR REPRESENTATIVE ACTION AGAINST THE OTHER, THE PARTIES AGREE THAT: (I) THE PREVAILING PARTY SHALL NOT BE ENTITLED TO RECOVER ATTORNEYS’ FEES OR COSTS ASSOCIATED WITH PURSUING THE CLASS OR REPRESENTATIVE ACTION (NOTWITHSTANDING ANY OTHER PROVISION IN THIS PROGRAM); AND (II) THE PARTY WHO INITIATES OR PARTICIPATES AS A MEMBER OF THE CLASS WILL NOT SUBMIT A CLAIM OR OTHERWISE PARTICIPATE IN ANY RECOVERY SECURED THROUGH THE CLASS OR REPRESENTATIVE ACTION.

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Binding Arbitration

Any controversy or claim arising out of or relating to this Program, or the breach thereof, shall be settled by final binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The number of arbitrators shall be one. The place of arbitration shall be Delaware, United States. By entering into this Program, the Parties are waiving all rights to have their disputes covered by this Program heard or decided by a jury or in a court trial and the right to pursue any class or representative claims against each other in court, arbitration, or any other proceeding. The arbitrator shall have no jurisdiction or authority to compel any class or collective claim, or to consolidate different arbitration proceedings with or join any other party to an arbitration between a Host and Relay.. The arbitrator, and not any court, shall have exclusive authority to resolve any dispute relating to the enforceability or formation of this Program and the arbitrability of dispute between the parties.

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Contact Us

If you have any questions pertaining to the Referral Program, you can contact us at:

team@relaydevice.com

Relay International Inc.

8 The Green Suite

# 12380

Dover, DE 19901

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Children

You affirm that you are over the age of 13, as the referral program is not intended for children under 13. IF YOU ARE 13 OR OLDER BUT UNDER THE AGE OF 18, OR THE LEGAL AGE OF MAJORITY WHERE YOU RESIDE IF THAT JURISDICTION HAS AN OLDER AGE OF MAJORITY, THEN YOU AGREE TO REVIEW THESE TERMS WITH YOUR PARENT OR GUARDIAN TO MAKE SURE THAT BOTH YOU AND YOUR PARENT OR GUARDIAN UNDERSTAND AND AGREE TO THESE TERMS. YOU AGREE TO HAVE YOUR PARENT OR GUARDIAN REVIEW AND ACCEPT THESE TERMS ON YOUR BEHALF. IF YOU ARE A PARENT OR GUARDIAN AGREEING TO THE TERMS FOR THE BENEFIT OF A CHILD OVER 13, THEN YOU AGREE TO AND ACCEPT FULL RESPONSIBILITY FOR THAT CHILD’S USE OF THE APP, INCLUDING ALL FINANCIAL CHARGES AND LEGAL LIABILITY THAT HE OR SHE MAY INCUR.

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Not an Investment Company

Relay has not been registered as an “investment company” under the Investment Company Act of 1940, as amended or under equivalent laws of any other jurisdiction.

Defamation

You agree you will not disparage or criticize Relay or its Affiliates, or their respective businesses, management, directors, business practices, or equity holders and that you will not otherwise do or say anything that could disrupt the good morale, or otherwise harm the interests or reputations, of Relay and we agree we will not publicly disparage or criticize you.

Assumption of Risk

You accept and acknowledge each of the following:

There are inherent risks associated with underlying technologies to the Relay Devices including, without limitation, cryptography and blockchain, and you acknowledge that Relay is not responsible for any losses or damages associated with these risks.

The Relay services facilitates your interaction with decentralized networks and technology and, as such, Relay has no control over any blockchain or cryptocurrency and cannot and does not ensure that any of your interactions will be confirmed on the relevant blockchain and Relay does not have the ability to effectuate any cancellation or modification requests regarding any of your interactions.

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