We’re here to clean the ocean, rivers and coastlines while working to stop the inflow of plastic by changing consumption habits
Even though 4ocean has collected millions of pounds of trash from the ocean and built an international infrastructure to fight the ocean plastic crisis, we’re just getting started. The ocean plastic crisis is massive and growing.
It will take major systemic changes and the hard work of many great organizations each trying to tackle the crisis in different ways, as well as people like you who are committed to driving change.
Our work won't be done until we can walk along our beaches — in Bali, Florida, and around the world — and see nothing but warm sand and rolling waves.
1. Help us spread the word about 4ocean by sharing our content or creating your own.
2. Your friends and family will receive a 20% discount when using your unique code.
3. For every sale you drive to 4ocean.com, you will receive 25% cash commission.
4. Win 4ocean swag for hitting sales tiers.
5. Have the opportunity to be featured on 4ocean.com and 4ocean social media channels.
So how do I sign up?
It’s simple: Just fill out the form to the left. We’ll review it and you'll receive an email from us if you are approved with next steps. Our notification emails may be sent to your spam folder so keep an eye out for the update. Please note that a PayPal account is mandatory to sign up and receive compensation.
And what if I have questions?
We’re here for you! Just email [email protected].
Program Terms & Conditions
4OCEAN BRAND AMBASSADOR PROGRAM AGREEMENT
IMPORTANT: THIS BRAND AMBASSADOR PROGRAM AGREEMENT CONTAINS A
BINDING ARBITRATION CLAUSE AND WAIVER OF THE RIGHT TO JURY TRIALS
AND CLASS ACTIONS.
PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY.
BY SUBMITTING AN APPLICATION TO THE BRAND AMBASSADOR PROGRAM,
YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS
AND CONDITIONS OF THIS AGREEMENT AND THAT YOU UNEQUIVOCALLY
AGREE TO BE LEGALLY BOUND BY EACH AND EVERY TERM AND CONDITION.
This BRAND AMBASSADOR Program Agreement (the “Agreement”) is a legally binding
contract between you (“Brand Ambassador”, “you”, or similar terms) and 4ocean Public
Benefit Corporation (“4ocean”, “us”, “we”, or similar terms) and applies to your
participation in the 4OCEAN BRAND AMBASSADOR Program (the “Program”). Any
person or entity that participates or attempts to participate in the Program must accept
this Agreement without change. By registering for the Program, you agree to this
Agreement. We can update these terms at any time without prior notice. If we modify
these terms, we will post the modification on our Brand Ambassador page, applications
page, or elsewhere on our website. Continued participation in the Program after any
modification shall constitute consent to such modification.
1. Description of the Program
The Program permits you to monetize your social media user-generated content by
placing on your social media profiles (“Your Profiles”) a personalized Brand
Ambassador coupon code (“Your Code"). When our customers purchase eligible goods
from www.4ocean.com (the “4ocean Site”) using Your Code, you be eligible to receive a
commission for “Qualifying Purchases”, as further described (and subject to the
limitations in) Section 3 below.
We periodically modify the terms of this Agreement. We might also choose to replace
these terms in their entirety if, for example, the Program changes, ends, or becomes
part of another existing program. If you don’t agree to the modification or replacement,
you will be able to terminate your participation in the Program. YOUR CONTINUED
PARTICIPATION IN THE PROGRAM FOLLOWING ANY CHANGES TO THIS
AGREEMENT WILL CONSTITUTE YOUR ACCEPTANCE OF THE MODIFICATIONS.
IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS
TO TERMINATE YOUR PARTICIPATION IN THE PROGRAM.
Nothing in this Agreement will create any partnership, joint venture, agency, franchise,
sales representative, or employment relationship between you and us or our respective
affiliates. You will have no authority to make or accept any offers or representations on
our or our affiliates’ behalf. You are not authorized to use 4ocean copyrights or
trademarks posting, other than to identify yourself as a Brand Ambassador as
authorized in this Agreement or make qualifying posts.
You will ensure that the information in your Program application and information
otherwise associated, including your email address, mailing address, and other contact
information, is at all times complete, accurate, and up-to-date. We may send
notifications, approvals, and other communications relating to the Program and this
Agreement to the email address then-currently associated with your Program account.
You will be deemed to have received all notifications, approvals, and other
communications sent to that email address, even if the email address associated with
your account is no longer current.
You can update your information by emailing us at: [email protected]
2. Eligibility To Participate In The Program & Prohibited Activities
You must be at least 18 years of age. If you are the parent or legal guardian of a
person under the age of 18 and wish to post content depicting the minor or allow the
minor to post content on their social media accounts associated with your Brand
Ambassadorship, then you represent and warrant that you are the legal parent or
guardian of the minor and have the consent of the minor to post their images or content,
that you have read the terms of this Agreement that will govern any content posted
depicting the minor or content on the minor’s social media, including the requirement for
500+ followers, and consent to the terms herein, and you will not revoke your consent.
You must have a public Instagram, Facebook, TikTok, and/or other social media
account with 500+ followers or friends.
You must have a PayPal account.
You must comply with this Agreement to participate in the Program and to receive
You must promptly provide us with any information that we request to verify your
compliance with this Agreement.
You must clearly state the following, or any substantially similar statement (the
“Disclosure”) on Your Profiles: “As a 4ocean Brand Ambassador, I earn commissions
from qualifying purchases.”
You must be kind and respectful to all other Brand Ambassadors.
Your Code is for you to post solely in Your Profiles, or to allow a minor of which you are
the legal parent or guardian whose Profiles meet the requirements set forth herein.
Participation in the Program does not grant you any rights to sell 4ocean items at events
of any kind (e.g. farmer's markets, sporting events, beach cleanups…) unless you have
received express written permission from us.
You must not comment with Your Code on any 4ocean social media posts or channels
(i.e. Instagram, Twitter, Facebook, TikTok, etc.), even if you see another Brand
Ambassador doing it.
You must not post Your Code in the comments of any posts from 4ocean wholesale
accounts or stores who carry our products.
You must not enter into any retail stores that sell 4ocean goods and share Your Code
DO NOT add Your Code to coupon sites, Reddit, Wikipedia, blogs, etc., it’s cheating
and a breach of this Agreement! We check these sites frequently.
You are prohibited from “spamming” anyone with Your Code, this includes mass
emailing, texting, or messaging people you do not know or using automated systems or
bots through any channel to distribute Your Code. You are prohibited from paying to
advertise Your Code, with the exception of paying to “boost” a post on Your Profiles.
For the avoidance of doubt, Your Code may only be posted in Your Profiles that
meet the criteria specified herein and any other posting, listing, or sharing, of
Your Code is a violation of this Agreement.
Remember that the purpose of the Program is to bring new clients to the brand and help
spread the Clean Ocean Movement. Together, we can end the ocean plastic crisis!
Your breach of any of the terms of this Agreement, or any other agreement between
you and us, or in connection with the Program (e.g. the PayPal User Agreement,
other rights or remedies available to us, triggers our right to permanently (to the extent
permitted by applicable law) withhold (and you agree you will not be eligible to receive)
any and all Commissions otherwise payable to you under this Agreement, whether or
not directly related to such violation, without notice and without prejudice to any right of
4ocean to recover damages in excess of this amount.
3. Commissions on Qualifying Purchases
We will pay you a commission with a base amount of no less than 25% of the
price paid by the customer and actually received by 4ocean, before taxes and
shipping, on all Qualifying Purchases (your “Commission”). A “Qualifying
Purchase” occurs when (i) a customer uses Your Code to purchasing eligible
goods from the 4ocean Site; and (ii) the customer’s payment is successfully
For example, if a customer uses Your Code to purchase a single beaded bracelet
priced at USD$20.00 and Your Code provides the customer with a 20% discount,
then once 4ocean receives that customer’s payment of USD$16.00 ($20.00 less
the 20% discount of $4.00), you will be eligible to receive a 25% commission in
the amount of USD$4.00.
Notwithstanding the foregoing, Qualifying Purchases are disqualified and no
Commission shall be due whenever (a) they occur in connection with a violation
of this Agreement, or any other terms, conditions, specifications, statements, and
policies that we may issue from time to time that apply to the Program; (b) any
purchases that occur after termination of your Agreement; (c) any order where a
cancellation, return, or refund has been initiated; (d) any purchase by a customer
who is referred to the 4ocean Site through any advertisement that you purchased
through participation in bidding or auctions on keywords, search terms, or other
identifiers that include the word “4ocean”, “4 ocean”, “40 ocean”, 40cean”,
“4ocean Bracelets” or any other 4ocean trademark (or variations or misspellings
of any of those words, (e) any purchase by a customer who is referred to the
4ocean Site by a link that is generated or displayed on a search engine (including
Google, Yahoo, Bing, or any other search portal, sponsored advertising service,
or other search or referral service, or any site that participates in such search
engine’s network); (f) any purchase by a customer who is referred to the 4ocean
Site by a link that sends users indirectly to the 4ocean Site via an intermediate
site, without requiring the customer to click on a link or take some other
affirmative action on that intermediate site; (f) any purchase by a customer, where
such customer does not comply with the terms and conditions applicable to the
4ocean Site; or (g) any purchase that is not correctly tracked or reported because
Your Code is not properly formatted or inserted in the 4ocean Site’s checkout
We will use commercially reasonable efforts to track Qualifying Purchases accurately
and comprehensively for the purposes of our internal tracking, creating, and distributing
your Commissions. We may hold accrued Commissions for a reasonable period of time
following any termination of this Agreement to ensure that the correct amount is paid.
We will pay Commissions in United States Dollars via PayPal approximately 30 days
following the end of each calendar month in which they were earned. You are solely
responsible for any PayPal fees, and any and all taxes. We are not responsible for any
Commissions that are not received by you due to any suspension or termination of your
Payments made to you, as reduced by all deductions or withholdings described in the
Agreement, will constitute full payment and settlement to you of amounts payable under
If any excess payment has been made to you for any reason whatsoever, we reserve
the right to adjust or offset the same against any subsequent fees payable to you under
the Agreement or any other agreement between you and us.
We shall have no liability or responsibility for withholding or remitting any
income, payroll, or other federal or provincial taxes. You are responsible for these
withholding, remitting and registration obligations, and shall indemnify us from
and against any order, penalty, interest, taxes, or contributions that may be
assessed against us due to your failure or delay to make any such withholdings,
remittances, or registration, or to file any information required by any law.
However, if legally obligated, we may deduct or withhold any taxes from any
amounts payable to you under this Agreement. From time to time, we may
request tax information from you. If we request tax information from you and you
do not provide it to us, we reserve the right (in addition to any other rights or
remedies available to us) to hold any amounts otherwise payable to you in
connection with the Program until the later of the time that (a) you provide this
information, (b) satisfy us that you are not a person from whom we are required
to obtain tax information, or (c) 30 days from date the information is requested.
5. 4ocean Customers
You acknowledge and agree that 4ocean’s customers do not become your customers
by virtue of your participation in the Program. You agree to not handle or address any
contact with any of our customers, and, if contacted by any of our customers for a
matter relating to interaction with 4ocean, you will state that those customers must
follow directions on the 4ocean Site to contact customer service and address any
You represent, warrant, and covenant that (a) you will participate in the Program in
accordance with this Agreement, (b) your participation in the Program, including without
limitation, your creation, maintenance, or operation of Your Profile(s) will not violate any
applicable laws, ordinances, rules, regulations, orders, licenses, copyrights, trademarks,
patents, permits, guidelines, codes of practice, industry standards, self-regulatory rules,
judgments, decisions, or other requirements of any governmental authority that has
jurisdiction over you (including all such rules governing communications, data
protection, advertising, and marketing), (c) you are lawfully able to enter into contracts,
(d) you have independently evaluated the desirability of participating in the Program and
are not relying on any representation, guarantee, or statement other than as expressly
set forth in this Agreement, (e) you will not participate in the Program if you are the
subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the
governments of the country where you are using the 4ocean Site; (f) you will comply
with all U.S. export and re-export restrictions, and applicable non-US export and re-
export restrictions consistent with U.S. law, that may apply to goods, software,
technology and services, and (g) the information you provide in connection with the
Program is accurate and complete at all times.
We do not make any representation, warranty, or covenant regarding the amount of
traffic or Commissions you can expect at any time in connection with the Program, and
we will not be liable for any actions you undertake based on your expectations.
7. Identifying Yourself as a 4ocean Brand Ambassador and 4ocean Use of Posts
Except for the Disclosure, you will not make any public communication with respect to
this Agreement or your participation in the Program without 4ocean’s express prior
written consent. You will not misrepresent or embellish your relationship with us
(including by expressing or implying that we support, sponsor, or endorse you, or share
your opinions or affiliations), or express or imply any affiliation between us and you or
any other person or entity except as expressly permitted by this Agreement.
Any content posted by you as a Brand Ambassador, including your image, likeness,
and/or voice, may be used and published by 4ocean for advertising, promotion, and
other business purposes. This use may include, but is not limited to, advertisements on
billboards, bus stops, buses, cabs, benches, 4ocean’s website, social media posts, and
other print and online materials (collectively, the "Advertising Materials"). The
Advertising Materials may feature names and photographs of 4ocean Talent, Brand
Ambassadors, employees, and alumni.
By participating in the Brand Ambassador Program, you consent that 4ocean may use
your name, image, likeness, photograph, film, record, voice, and portrayal in Advertising
Materials without the need for any additional compensation. You agree that 4ocean will
be the sole and exclusive owner of all rights in and to the Advertising Material.
You agree that nothing herein requires 4ocean to use your name, image, or likeness in,
or in connection with, the Advertising Materials or any commercial purpose throughout
the world and in perpetuity. You grant 4ocean the right to use, incorporate, distribute,
re-use, publish, re-publish, alter and/or edit the Advertising Materials in the future, and
waive the right to inspect or approve versions of your image used for publication or the
written copy that may be used in connection with the images.
You agree that your participation in the Brand Ambassador Program constitutes a good
and valuable consideration, and agree not to seek any additional consideration or
compensation for the use of your name, image, likeness, photograph, film, record,
voice, and portrayal in the Advertising Materials.
You agree to indemnify and hold 4ocean harmless with respect to the use of your name,
image, likeness, photograph, film, record, voice, and portrayal in the Advertising
Materials. You expressly release 4ocean, its assigns, licensees, and successors from
any claims that may arise regarding the use of your name, image, likeness, photograph,
film, record, voice, and portrayal including, but not limited to, any claims of defamation,
invasion of privacy, or infringement of moral rights, rights of publicity, or copyright.
4ocean is expressly permitted, although not obligated, to include your name as a credit
in connection with the image.
8. Term and Termination
The term of this Agreement will begin upon your submission of the application to join the
Program. We may suspend or terminate the Program or your ability to participate in the
Program at any time for any reason. You may terminate this Agreement at any time,
with or without cause (automatically and without recourse to the courts, if permitted
under applicable law), by giving us written notice of termination.
You can provide termination notice by emailing us at: [email protected]
In addition, we may terminate this Agreement or suspend your account immediately
upon written notice to you for any of the following: (a) you have breached or threaten to
breach any part of this Agreement; (b) we believe that we may face potential claims or
liability in connection with your participation in the Program; (c) we believe that our
brand or reputation may be tarnished by you or in connection with your participation in
the Program; (d) your participation in the Program has been used for deceptive,
fraudulent or illegal activity; (e) we believe that we are or may become subject to tax
collection requirements in connection with this Agreement or the activities performed by
either party under this Agreement; (f) we have previously terminated this Agreement
with respect to you or other persons that we determine are affiliated with you or acting in
concert with you for any reason, or (g) we have terminated the Program as we generally
make it available to participants.
Upon any termination of this Agreement, all rights and obligations of the parties will be
extinguished, including any and all licenses granted in connection with this Agreement,
except that the rights and obligations of the parties under Sections 2, 4, 5, 6, 7, 8, 9, 10,
11, 12, and 13 of this Agreement will survive the termination of this Agreement. No
termination of this Agreement will relieve you of any liability for any breach of, or liability
accruing under, this Agreement prior to termination.
This Agreement will be governed by and construed in accordance with the laws of the
State of Florida. By participation in the Program, you hereby consent to the exclusive
jurisdiction of the state and federal courts located in Palm Beach County, Florida with
respect to any matter arising out of or relating to this Agreement.
THE PROGRAM, THE 4OCEAN SITE, ANY PRODUCTS AND SERVICES OFFERED
ON THE 4OCEAN SITE, ANY COUPON CODES, LINK FORMATS, CONTENT, OUR
AND OUR AFFILIATES’ DOMAIN NAMES, TRADEMARKS AND LOGOS, AND ALL
TECHNOLOGY, SOFTWARE, FUNCTIONS, MATERIALS, DATA, IMAGES, TEXT,
AND OTHER INTELLECTUAL PROPERTY RIGHTS, INFORMATION AND CONTENT
PROVIDED OR USED BY OR ON BEHALF OF US OR OUR AFFILIATES OR
LICENSORS IN CONNECTION WITH THE PROGRAM (COLLECTIVELY THE
“SERVICE OFFERINGS”) ARE PROVIDED “AS IS” AND “AS AVAILABLE”. NEITHER
WE NOR ANY OF OUR AFFILIATES OR LICENSORS MAKE ANY
REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS,
IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICE
OFFERINGS. WE AND OUR AFFILIATES AND LICENSORS DISCLAIM ALL
WARRANTIES WITH RESPECT TO THE SERVICE OFFERINGS, INCLUDING ANY
IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT AND ANY
WARRANTIES ARISING OUT OF ANY LAW, CUSTOM, COURSE OF DEALING,
PERFORMANCE, OR TRADE USAGE. WE MAY DISCONTINUE ANY SERVICE
OFFERING, OR MAY CHANGE THE NATURE, FEATURES, FUNCTIONS, SCOPE,
OR OPERATION OF ANY SERVICE OFFERING, AT ANY TIME AND FROM TIME TO
TIME. NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WARRANT
THAT THE SERVICE OFFERINGS WILL CONTINUE TO BE PROVIDED, WILL
FUNCTION AS DESCRIBED.
10. Limitations on Liability
NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE LIABLE
FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY
DAMAGES, OR ANY LOSS OF REVENUE, PROFITS, GOODWILL, USE, OR DATA
ARISING IN CONNECTION WITH YOUR PARTICIPATION IN THE PROGRAM, EVEN
IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.
FURTHER, OUR AGGREGATE LIABILITY ARISING IN CONNECTION WITH THE
PROGRAM WILL NOT EXCEED THE TOTAL AMOUNTS PAID OR PAYABLE TO YOU
UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY
PRECEDING THE DATE ON WHICH THE EVENT GIVING RISE TO THE MOST
RECENT CLAIM OF LIABILITY OCCURRED. YOU HEREBY WAIVE ANY RIGHT OR
REMEDY IN EQUITY, INCLUDING THE RIGHT TO SEEK SPECIFIC
PERFORMANCE, INJUNCTIVE OR OTHER EQUITABLE RELIEF IN CONNECTION
WITH THIS AGREEMENT. NOTHING IN THIS PARAGRAPH WILL OPERATE TO
LIMIT LIABILITIES THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL HAVE
NO LIABILITY FOR ANY MATTER DIRECTLY OR INDIRECTLY RELATING TO THE
CREATION, MAINTENANCE, OR OPERATION OF YOUR PROFILES (INCLUDING
YOUR USE OF ANY SERVICE OFFERING) OR YOUR VIOLATION OF THIS
AGREEMENT, AND YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD US, OUR
AFFILIATES AND LICENSORS, AND OUR AND THEIR RESPECTIVE EMPLOYEES,
OFFICERS, DIRECTORS, SHAREHOLDERS, AND REPRESENTATIVES,
HARMLESS FROM AND AGAINST ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES,
COSTS, AND EXPENSES (INCLUDING ATTORNEYS’ FEES) RELATING TO (A)
YOUR PROFILES OR ANY MATERIALS THAT APPEAR ON YOUR PROFILES,
INCLUDING THE COMBINATION OF YOUR PROFILES OR THOSE MATERIALS
WITH OTHER APPLICATIONS, CONTENT, OR PROCESSES, (B) THE USE,
DEVELOPMENT, DESIGN, MANUFACTURE, PRODUCTION, ADVERTISING,
PROMOTION, OR MARKETING OF YOUR PROFILES OR ANY MATERIALS THAT
APPEAR ON OR WITHIN YOUR PROFILES, (C) YOUR USE OF ANY SERVICE
OFFERING, WHETHER OR NOT SUCH USE IS AUTHORIZED BY OR VIOLATES
THIS AGREEMENT OR APPLICABLE LAW, (D) YOUR VIOLATION OF ANY TERM
OR CONDITION OF THIS AGREEMENT, OR (E) YOUR OR YOUR AGENTS,
EMPLOYEES', OR CONTRACTORS’ NEGLIGENCE OR WILLFUL MISCONDUCT.
12. AGREEMENT TO ARBITRATE / DISPUTE RESOLUTION
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT
YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT
AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR
MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
INFORMAL RESOLUTION OF DISPUTES: In the event that there is any dispute
relating this Agreement and the Program, we both agree that the party alleging the
dispute shall send to the other party a written notice describing the dispute (“Notice of
Dispute”). We both agree that prior to initiating any claim for arbitration or other legal
proceeding, that we shall attempt to informally resolve such dispute for a period of thirty
(30) days following the receipt by the non-claiming party of the Notice of Dispute.
All Notices of Dispute to 4ocean shall be in writing and sent by personal delivery
registered or certified mail (return receipt requested) or overnight air express (or courier
shipment outside of the U.S.) if such services actually provide proof of mailing, to:
4ocean Legal Counsel
3600 FAU Blvd
Boca Raton, Florida 33431
WE BOTH AGREE TO ARBITRATE: In the event that a dispute is not resolved within
the foregoing thirty (30) day period, then you and 4ocean agree to resolve any claims
relating to this Agreement through final and binding arbitration. The informal dispute
process is a necessary prerequisite prior to the initiation of any arbitration.
ARBITRATION PROCEDURES: The Federal Arbitration Act governs the interpretation
and enforcement of this dispute resolution provision. Arbitration shall be initiated
through JAMS. Any dispute, controversy, or claim arising out of or relating to these
Terms shall be referred to and finally determined by arbitration in accordance with the
JAMS Streamlined Arbitration Rules and Procedures in front of one arbitrator. If there is
a conflict between JAMS Rules and the rules set forth in this Agreement, the rules set
forth in this Agreement will govern.
The JAMS Rules and instructions for how to initiate an arbitration are available from
JAMS at http://www.jamsadr.com or 1-800-352-5267. To initiate arbitration, you or
4ocean must do the following:
1. Write a demand for Arbitration. The demand must include a description of the claim
and the amount of damages sought to be recovered. You can find a copy of a "Demand
for Arbitration" at www.jamsadr.com;
2. Send three copies of the "Demand for Arbitration", plus the appropriate filing fee to
your local JAMS office or to JAMS, 401 B Street, Suite 2100, San Diego, CA 92101;
3. Send one copy of the "Demand for Arbitration" to the other party.
Payment of all filing, administration and arbitrator fees will be governed by the JAMS
Rules. Each party will bear their own costs of arbitration unless the arbitrator directs that
bearing such costs would be an undue burden and, in that case, we will pay for your
portion of the arbitration administrative costs (but not your attorneys’ fees). Arbitration
shall be held in the United States in Palm Beach County, Florida under Florida law
without regard to its conflict of laws provisions. If traveling to Palm Beach County,
Florida is a burden, you may participate in the arbitration remotely by telephone, online
appearance, or via document submission to the fullest extent allowable by the arbitrator.
The arbitrator may award on an individual basis the same damages and relief as a court
(including injunctive relief). Any judgment on the award rendered by the arbitrator may
be entered in any court of competent jurisdiction.
AUTHORITY OF ARBITRATOR: Any dispute, claim, or controversy arising out of or
relating to this Agreement or the breach, termination, enforcement, interpretation, or
validity thereof, including the determination of the scope or applicability of this
agreement to arbitrate, shall be determined by one arbitrator. The arbitrator shall have
the authority to grant motions dispositive of all or part of any claim. The arbitrator shall
have the authority to award monetary damages and to grant any non-monetary remedy
or relief available to an individual under applicable law, the Arbitration Rules, and this
Agreement. The arbitrator shall issue a written award and statement of decision
describing the essential findings and conclusions on which the award is based,
including the calculation of any damages awarded. The arbitrator has the same
authority to award relief on an individual basis that a judge in a court of law would have.
The award of the arbitrator is final and binding.
YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY
CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO
NO CLASS ACTIONS: You may only resolve disputes with us on an individual basis,
and may not bring a claim as a plaintiff or a class member in a class, consolidated, or
representative action. Class arbitrations, class actions, private attorney general actions,
and consolidation with other arbitrations are not allowed.
WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL
AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A
JUDGE OR A JURY.
SMALL CLAIMS OPTION: You and 4ocean agree that if a claim is within the jurisdiction
of a small claims court, either party may choose to take the claim to that court instead of
arbitration as follows: (a) The parties must first engage in the informal dispute resolution
process as set forth herein. (b) The parties may take their claims to small claims court
without first filing with the JAMS. (c) After a case is filed with JAMS, but before the
arbitrator is formally appointed to the case by the JAMS, a party can send a written
notice to the opposing party and the JAMS that it wants the case decided by a small
claims court. After receiving this notice, the JAMS will administratively close the case.
(d) After the arbitrator is appointed, if a party wants to take the case to small claims
court and notifies the opposing party and the JAMS, it is up to the arbitrator to
determine if the case should be decided in arbitration or if the arbitration case should be
closed and the dispute decided in small claims court. A party that chooses to remove
the case from arbitration and to small claims court is responsible for paying any
administrative fees accrued in the arbitration and is responsible for paying any and all
fees associated with opening a small claims case.
CHOICE OF LAW/FORUM SELECTION: In any circumstances where this Section 12
(Agreement to Arbitrate Disputes and Choice of Law) permits the parties to litigate in
court, this Agreement shall be governed by and construed in accordance with the laws
of the State of Florida, excluding its conflict of law rules. You further expressly consent
and agree to submit to the exclusive jurisdiction and venue of a court of competent
jurisdiction located in Palm Beach County, Florida.
STATUTE OF LIMITATIONS: You agree that regardless of any statute or law to the
including without limitation, access and/or use of the Site and/or Service must be filed
within six (6) months after such claim or cause of action arose or be forever barred.
You acknowledge and agree that (a) we and our affiliates may at any time (directly or
indirectly) market our products and offer discount codes on terms that may differ from
those contained in this Agreement, (b) we and our affiliates may at any time (directly or
indirectly) operate sites or applications that are similar to or compete with Your Profiles,
(c) our failure to enforce your strict performance of any provision of this Agreement will
not constitute a waiver of our right to subsequently enforce such provision or any other
provision of this Agreement, and (d) any determinations or updates that may be made
by us, any actions that may be taken by us, and any approvals that may be given by us
under this Agreement can be made, taken, or given in our sole discretion and are only
effective if provided in writing by our authorized representative.
You may not assign this Agreement, by operation of law or otherwise, without our
express prior written approval. Subject to that restriction, this Agreement will be binding
on, inure to the benefit of, and be enforceable against the parties and their respective
successors and assigns.
Any information relating to us or any of our affiliates that we provide or make accessible
to you in connection with the Program that is not known to the general public or that
reasonably should be considered to be confidential is our “Confidential Information” and
will remain our exclusive property. You will use Confidential Information only to the
extent reasonably necessary for your performance under this Agreement and ensure
that all persons or entities who have access to Confidential Information in connection
your participation will be made aware of and will comply with the obligations in this
provision. You will not disclose Confidential Information to any third party (other than
your affiliates bound by confidentiality obligations) and you will take all reasonable
measures to protect the Confidential Information against any use or disclosure that is
not expressly permitted in this Agreement. This restriction will be in addition to the terms
of any confidentiality or non-disclosure agreement between the parties.
Nothing contained in this Agreement should be understood as granting you any rights in
and to any of our trademarks, service marks, logos, or other intellectual property owned
by us or by any third party.
No delay, failure, or default by us will constitute a breach of this Agreement to the extent
caused by acts of war, terrorism, hurricanes, earthquakes, other acts or God or of
nature, strikes other labor disputes, riots or other acts of civil disorder, embargoes, or
other causes beyond our reasonable control, including, without limitation, the
interruption or discontinuance of services provided by third parties (e.g. PayPal,
Refersion, etc.) in connection with the Program.
This Agreement incorporates all of the terms and conditions of the 4ocean Site’s Terms
any portion of this Agreement is found invalid, void, or unenforceable, that portion will
be severed from the Agreement and shall not affect the validity of and enforceability of
the remainder of the Agreement. This Agreement constitutes the entire agreement and
understanding between you and us in connection with the Program, superseding any
prior or contemporaneous agreements, communications, and proposals, whether oral or
written, between you and us (including, but not limited to, any prior versions of this
If you have any questions, please email [email protected].