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Promotion Terms and Conditions

1. Scope

1.1 Promotions covered. These Promotion Terms and Conditions (“Promotion Terms”) govern every promotion, offer or incentive that Endurance Solutions Inc., doing business as Monk (“Monk,” “we,” “us” or “our”) makes available now or in the future. This includes gifts, gift cards, merchandise, charitable donations, credits, discounts and other rewards offered for scheduling and attending a product demonstration, attending an event or webinar, completing a survey, making a referral or taking another specified action (each a “Promotion,” and each reward a “Reward”). Promotions may be communicated by email, digital or social advertising, our website, events, direct mail or our representatives (each an “Offer Communication”).

1.2 Offer Details. The specific Reward, qualifying action, deadline, eligible audience and any quantity limit for a Promotion (the “Offer Details”) are stated in the applicable Offer Communication and are incorporated into these Promotion Terms. If the Offer Details conflict with these Promotion Terms, the Offer Details control only as to those specific items, and these Promotion Terms control in all other respects. If a Promotion requires you to sign an order form or other agreement with us, that agreement controls over both these Promotion Terms and the Offer Details.

1.3 Other terms. Participation is also subject to our Terms of Service at https://monk.com/terms-of-service and our Privacy Policy at https://monk.com/privacy-policy. These Promotion Terms are “Additional Terms” under our Terms of Service.

2. Acceptance and Representations

2.1 Acceptance. By scheduling, attending or otherwise participating in a Promotion, or by accepting a Reward, you agree to these Promotion Terms. Our records of your acceptance are conclusive.

2.2 Who participates. Promotions are offered to businesses. “You” means the business on whose behalf an individual participates (the “Participant Business”) and, where the context requires, the individual who schedules, attends or accepts a Reward (the “Representative”). We may deliver a Reward to the Representative on behalf of the Participant Business.

2.3 Representations. The Representative represents and warrants that:

  • they are at least 18 years old and have reached the age of majority where they live;
  • they are employed by, or authorized to act for, the Participant Business and may bind it to these Promotion Terms;
  • accepting the Reward does not violate any law, regulation or professional rule, or any gift, ethics, conflict-of-interest, anti-bribery, procurement or other policy of the Participant Business or any other entity to which they owe duties, and they have obtained every approval and made every disclosure those policies require;
  • all information they provide to us is accurate and complete; and
  • they are participating in good faith to evaluate our products for the Participant Business.

2.4 No obligation; no improper influence. Accepting a Reward does not obligate you or the Participant Business to buy anything. No Reward is intended to, or may be used to, improperly influence any business decision.

2.5 Declining a Reward. If your employer’s policies do not allow you to accept a Reward, you may decline it or, where we offer the option, request a charitable donation instead under Section 6.4.

3. Eligibility

3.1 Requirements. Unless the Offer Details state otherwise, to be eligible you must:

  • be employed by a legally registered business domiciled in the United States;
  • participate using your business email address at that business;
  • be directly responsible for, or materially involved in, evaluating or buying products of the type we offer;
  • meet any audience criteria in the Offer Details, such as title, function, company size or industry; and
  • be the named recipient, if the Offer Communication was addressed to you individually.

3.2 Exclusions. The following are not eligible:

  • our existing customers and their affiliates, unless the Offer Details state otherwise;
  • individuals and businesses that completed a product demonstration with us, or were in an active sales process with us, in the 12 months before the Offer Communication, unless the Offer Details state otherwise;
  • our competitors, their employees, contractors and agents, and anyone participating to gather competitive information;
  • our employees, contractors, agents and affiliates, and their immediate family and household members;
  • any officer, employee or representative of a federal, state, local, tribal or foreign government, or of any department, agency or instrumentality of one; any government-owned or government-controlled entity, including public housing authorities, public utilities and public schools and universities; any public international organization; and any political party, party official or candidate;
  • anyone prohibited by law, regulation, professional rule or employer policy from accepting the Reward; and
  • anyone subject to U.S. sanctions or located in a country or region subject to comprehensive U.S. sanctions.

3.3 Determinations. We determine eligibility in our sole discretion, and our determinations are final.

3.4 Offers are personal. Offer Communications are personal to their recipient and cannot be transferred. A person who receives a forwarded Offer Communication is not eligible unless we confirm their eligibility in writing.

4. Qualifying Demonstrations

4.1 Requirements. Unless the Offer Details state otherwise, to earn a Reward offered for a product demonstration (a “Demo”), you must:

  • schedule the Demo through the method in the Offer Communication within 30 days of the Offer Communication, or by the deadline in the Offer Details;
  • attend the Demo live with a Monk representative on the scheduled date, personally and not through a delegate, substitute or recording;
  • attend for the full scheduled length with video enabled, unless we waive this, and take part in good faith, including a genuine discussion of your business’s needs; and
  • answer any qualification questions we reasonably ask before or after the Demo.

4.2 Rescheduling and no-shows. We may, but are not required to, let you reschedule a Demo. If you miss a scheduled Demo, or cancel it with less than 24 hours’ notice, you are ineligible for that Promotion.

4.3 Our discretion over Demos. Before a Demo begins, we may decline to schedule it, or cancel it, for any lawful reason or no reason, in our sole discretion, and no Reward will be owed for that Demo. After a Demo begins, we may end it early if you appear not to meet these Promotion Terms, and Section 5.5 governs any disqualification. Scheduling a Demo does not by itself entitle you to a Reward.

4.4 Records. Our scheduling and attendance records, including meeting length, are conclusive.

5. Limits, Verification and Disqualification

5.1 One per person and business. Unless the Offer Details state otherwise, Rewards are limited to one per individual and one per Participant Business in any 365-day period, across all Promotions. We treat affiliates under common ownership or control as one business. We decide whether individuals belong to the same business using their employer, email domain, Employer Identification Number, corporate family or other information.

5.2 Quantity limits. Rewards are available while supplies last and may be capped as stated in the Offer Details or as we determine. We may end a Promotion when its cap is reached.

5.3 No combining. A Promotion cannot be combined with any other promotion, discount or offer unless the Offer Details say it can.

5.4 Verification. We may verify your identity, employment, role and business information using public sources, third-party data or information we request from you. We may require written confirmation from the Participant Business that it consents to the Reward, and we may withhold a Reward until verification is complete. If you do not respond to a verification request within 7 days, you forfeit the Reward.

5.5 Disqualification. Before or after a Demo, we may disqualify any individual or business and withhold any Reward if we determine, in our sole discretion, that they:

  • do not meet these Promotion Terms or the Offer Details;
  • provided false, incomplete or misleading information;
  • used multiple identities, email addresses or accounts;
  • used a personal, temporary or disposable email address;
  • participated mainly to obtain a Reward, without a genuine intent to evaluate our products;
  • participated for a competitor or to gather competitive information; or
  • tampered with, manipulated or otherwise abused any Promotion, or acted in a way that makes awarding the Reward inconsistent with the intent of the Promotion.

5.6 Clawback. If we issue a Reward and later determine that the recipient was ineligible or violated these Promotion Terms, the recipient must, on request, return the Reward unused or repay its retail value. Where the issuer allows, we may also cancel unredeemed gift cards.

6. Rewards and Fulfillment

6.1 Description. Each Reward is as described in the Offer Details. Images are for illustration only, and models, colors and configurations may vary.

6.2 Substitution. We may substitute a reward of equal or greater approximate retail value, as we determine, including a gift card, for any reason, including availability, shipping restrictions or price changes. You may not request a substitution or cash unless the Offer Details give you a choice.

6.3 Fulfillment. We will use reasonable efforts to fulfill Rewards within 90 days after we verify that you qualify, but we do not guarantee a delivery date. We may use third-party fulfillment vendors and are not liable for delays caused by vendors or carriers. We may deliver a Reward by sending a redemption link through which you enter your own shipping details; a Reward delivered this way is fulfilled when we send the link, and unredeemed links may expire under the vendor’s terms. You must give us an accurate U.S. shipping address, or redeem the link, within 14 days of our request. If you do not, you forfeit the Reward and we have no further obligation to you for it.

6.4 Charitable donation. Where we offer it, you may choose a donation of comparable value to an eligible 501(c)(3) organization we approve, instead of a Reward. We make the donation in our own name, so you may not claim it as a tax deduction. We are not responsible for how the organization uses the donation.

6.5 Risk of loss. Risk of loss passes to you when the carrier or fulfillment vendor confirms delivery. We are not responsible for Rewards that are lost, stolen or damaged after delivery, or misdirected because of information you provided.

6.6 Gift cards. Gift cards are issued by third parties and are subject to the issuer’s terms, including expiration dates, fees and redemption limits. We are not responsible for a gift card’s value, usability or redemption after we issue it. Gift cards cannot be redeemed for cash except where the law requires.

6.7 No warranty. Rewards are provided “as is.” Any warranty comes only from the manufacturer, and we make no warranty of any kind about any Reward.

6.8 Third-party brands. Product and brand names used in an Offer Communication, such as Apple or Amazon, are trademarks of their owners. Those owners do not sponsor, endorse or have any affiliation with any Promotion.

6.9 No transfer or resale. Rewards have no cash value, cannot be transferred, and may not be sold, auctioned, bartered or exchanged.

6.10 Notices. We send notices about a Promotion, including requests for shipping information, redemption links and forfeiture notices, to the email address used to schedule the Demo. Notices are deemed received when sent. You are responsible for monitoring that address, including spam and junk folders.

7. Purchase-Linked Rewards

7.1 Requirements. If a Reward depends on signing an order form or other agreement with us (a “Purchase-Linked Reward”), the Participant Business must sign it within the period and for the products and minimum term stated in the Offer Details. Its account must then stay in good standing, without termination, downgrade or payment default, for the period stated in the Offer Details, or 60 days if none is stated, before we issue the Reward.

7.2 Clawback. If the agreement is terminated, or fees go unpaid, within 12 months after we issue a Purchase-Linked Reward, we may invoice the Participant Business for the Reward’s retail value.

7.3 Not a credit. Purchase-Linked Rewards do not reduce fees, are not account credits, and do not apply to earlier purchases.

8. Taxes

The Participant Business and the Representative are solely responsible for any taxes arising from a Reward. We may request a Form W-9 or other tax information and may withhold a Reward until it is provided. We may issue IRS Form 1099 or other tax reporting where applicable thresholds are met. Consult your own tax advisor about how a Reward is treated.

9. Privacy, Communications and Submissions

9.1 Privacy. We process information collected through a Promotion under our Privacy Policy at https://monk.com/privacy-policy, including its section for California residents. We may share it with fulfillment vendors only as needed to verify eligibility and deliver Rewards.

9.2 Communications. By participating, you agree that we may contact you by email and by other means the law permits about the Promotion and our products. You may opt out of marketing at any time. If you opt out before fulfillment, we may still contact you as needed to deliver your Reward.

9.3 Submissions. If you submit content through a Promotion, such as survey answers or feedback, you grant us a non-exclusive, royalty-free, worldwide license to use it to operate and improve our business. We will not publicly identify you or the Participant Business by name or likeness without your consent.

10. Changes and Termination

We may modify, suspend or cancel any Promotion, or these Promotion Terms, at any time and for any reason, including suspected fraud, technical problems or supply limits, without notice. Changes take effect when posted. A change will not affect a Reward for which you completed the qualifying action, and we verified your eligibility, before the change, except in cases of fraud, abuse or ineligibility, and subject to our right of substitution under Section 6.2.

11. Errors and Disclaimers

Promotions are provided “as is.” We are not responsible for technical failures, scheduling-tool errors, lost or misdirected email, or the acts of third parties. If an Offer Communication contains a typographical, pricing or other error, we may correct it and are not obligated to honor the erroneous offer.

12. Limitation of Liability

To the fullest extent the law permits, Monk and its affiliates, officers, employees, agents and fulfillment vendors will not be liable for any indirect, incidental, special, consequential or punitive damages arising out of any Promotion or Reward. Your sole and exclusive remedy for any failure to deliver a Reward is delivery of that Reward or, at our option, a substitute under Section 6.2. Our total liability arising out of all Promotions will not exceed the lesser of the approximate retail value of the Reward at issue or $500.

13. Release

To the fullest extent the law permits, you release Monk and its affiliates, officers, employees, agents and fulfillment vendors from all claims arising out of your participation in any Promotion or your acceptance, possession, use or misuse of any Reward, including claims for personal injury or property damage. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

14. Indemnification

The Participant Business and the Representative will indemnify, defend and hold harmless Monk and its affiliates, officers, employees and agents from any losses, liabilities, damages and expenses, including reasonable attorneys’ fees, arising out of a breach of their representations, a violation of law or employer policy, fraud, or any other breach of these Promotion Terms.

15. Governing Law and Arbitration

15.1 Governing law. These Promotion Terms are governed by the laws of the State of New York, without regard to its conflict-of-laws rules.

15.2 Arbitration. Any dispute, claim or controversy arising out of or relating to any Promotion, any Reward or these Promotion Terms, including their formation, scope or enforceability and whether a claim is arbitrable, will be resolved by final and binding arbitration, and the arbitrator, not a court, decides those threshold questions. The American Arbitration Association will administer it under its Commercial Arbitration Rules, before a single arbitrator, seated in New York, New York. Judgment on the award may be entered in any court with jurisdiction. Either party may seek injunctive or other equitable relief in court to protect its intellectual property or confidential information, and Monk may do so to stop fraud or abuse of a Promotion. Before starting arbitration, a claimant must email a written description of the claim and the relief sought to the other party (for Monk, team@monk.com), and the parties must try in good faith to resolve it for 60 days. Each party bears its own attorneys’ fees and costs, except that the arbitrator must award reasonable fees and costs against a party whose claim or defense is frivolous or brought in bad faith.

15.3 Individual claims only; jury waiver. Claims may be brought only individually, never as a plaintiff or class member in any class, collective, consolidated or representative proceeding, and the arbitrator may not consolidate claims. If any dispute proceeds in court, each party waives its right to a jury trial.

15.4 Time limit. Any claim arising out of a Promotion must be filed within six months after it arises, or it is permanently barred.

15.5 Courts. Where a court proceeding is permitted, the state and federal courts in New York County, New York have exclusive jurisdiction.

15.6 Relationship to Terms of Service. This Section 15 governs disputes about Promotions. If it conflicts with the dispute resolution provisions of our Terms of Service, this Section 15 controls.

16. General

Promotions are void where prohibited or restricted by law. Our decisions about any Promotion are final and binding. If any provision of these Promotion Terms is unenforceable, the remaining provisions stay in effect. Our failure to enforce a provision is not a waiver of it. We may assign these Promotion Terms without restriction; you may not assign them. Sections 2.3, 5.6, 7.2 and 11 through 16 survive the end of any Promotion. These Promotion Terms will not be construed against Monk because Monk drafted them. These Promotion Terms, the Offer Details, our Terms of Service and our Privacy Policy are the entire agreement about Promotions.

Questions: team@monk.com, or Endurance Solutions Inc. (Monk), 19 W 24th Street, Floor 8, New York, NY 10010

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