EVGA Associates Program Terms and Conditions

The EVGA Associates Program allows EVGA ELITE members who sign up for the Associates Program ("Associates" or may be referred to as "You") to receive a unique identification code ("Associate Code") consisting of letters and numbers, which enables a third-party ("Buyer") to use the Associate Code to purchase a Qualifying Product, as defined below, from an EVGA.com Store, as defined below, at a discount price. If the Buyer uses an Associate Code during checkout, Associate(s) will receive a percentage of the Buyer's purchase price as EVGA Bucks.

The EVGA Bucks Terms and Conditions apply to all transactions using EVGA Bucks. For more information on EVGA Bucks program, please visit here: https://www.evga.com/evgabucks/

EVGA's Associates Program begins on March 6, 2019.

Eligibility

Associates – To participate in the Associates Program:

• You must have a registered EVGA.com account in good standing (registration is free through EVGA's website), subject to and in compliance with the requirements of these Terms and Conditions. You may sign up here:
  • https://secure.evga.com/US/signup.asp
• You must be a current EVGA ELITE member. For ELITE Membership information, including registration requirements, please visit our EVGA ELITE page here: https://www.evga.com/member/elite/
• You must reside in or be located in a country or state eligible to purchase products from www.EVGA.com ("EVGA.com Store").
  • Continental U.S., Hawaii, Puerto Rico and Canada
• Once you have read and agree to these terms and conditions and click the I Agree Button, you will receive your Associate Code via email.
  • Your Associate Code will also be listed on your EVGA Associates profile, located here: https://www.evga.com/associates/dashboard.aspx
• Associates may not receive Buyer Discounts through the use of an Associate Code.

There are no limitations to the number of times an Associate may give out their Associate Code, nor are there limitations to the number of times an Associate Code may be used by an individual Buyer or number of Buyers, subject to the Associates Program Terms and Conditions.

Buyers – To participate as a Buyer:

• Buyers must have a registered account at EVGA.com, which is a prerequisite for purchasing any product on an EVGA.com Store.
  • https://secure.evga.com/US/signup.asp
• Buyers must purchase a product from the Qualifying Product list, as defined below.
• To be eligible for a discount through the Associates Program, Buyers must use a valid Associate Code from an existing Associates member during checkout, or click on an Associates' clickable banner prior to purchase to store a cookie that carries the Associate's information. Such cookies automatically expire after 14 (fourteen) days or after making a purchase on an EVGA Store, whichever is first.
• Satisfy any other requirements determined by EVGA at its discretion from time to time.

There are no limitations to the number of times a Buyer may participate by using Associate Codes, subject to the Associates Program Terms and Conditions.

Employees and directors of EVGA, and its subsidiaries, Associates, parent companies, distributors, retail dealers, advertising and promotional agencies, and the immediate family members or those living in the same household with such individuals, are not eligible to participate in the EVGA Associates Program. All international, federal, state, provincial, and local laws and regulations apply. VOID where prohibited.

How the Associates Program works:

The EVGA Associates Program offers a simple way to allow others to purchase an EVGA product with a discount on EVGA.com – and let you earn a percentage of the purchase back in EVGA Bucks!

First, share your Associate Code with someone interested in purchasing an EVGA product. This can be done by either giving the person your Associates Code directly, or by the person clicking on a ready-made clickable banner that will take the person to EVGA.com. If the Buyer arrives to EVGA.com via the latter method, they will receive a cookie good for 14-days that will automatically enter the Associate Code during checkout, as noted above.

Once the Buyer gets to EVGA.com, they will need to register for a free account (if they do not currently have one). Next, the Buyer will need to make a purchase from a qualifying product category, as defined below. At checkout, the customer must make sure that the Associate Code is entered prior to completing the purchase to both receive a discount and ensure that the Associates member receives EVGA Bucks. Lastly, the Buyer must complete the purchase.

After the purchase, the EVGA Associate will receive a percentage of the Buyer's purchase price for each qualifying product during the purchase as EVGA Bucks. The Associate will receive the EVGA Bucks 30 (thirty) days after the date of purchase for any products that the Buyer has not returned, subject to EVGA's Store Terms and the Associates Program Terms and Conditions.

Qualifying Products:

At launch, EVGA will support 6 (six) product categories for the Associates Program. These categories include:

• Audio
• Cases
• Cooling
  • Includes CLC products, HYBRID Kits and HYDRO COPPER Kits
• Graphics
  • Does not include RTX Accessories, such as Trim Kits, Shields, etc.
• Motherboards
• Power Supplies

EVGA products with a DOA-Only Warranty are expressly excluded from the list of Qualifying Products.

EVGA reserves the right to add or remove Qualifying Products at any time, for any reason, and without notice. EVGA will endeavor to update the Qualifying Products within a timely manner whenever a change occurs, but the latest information for Qualifying Products can be found on the Associates Home and Dashboard pages.

Buyers using an Associate Code may purchase multiple EVGA Qualifying Products and receive the eligible discounts. In this case, the appropriate Discount Percentages will be applied item by item. Similarly, Buyers may also use an Associate Code to purchase key components through the EVGA DIY Configurator or Featured Bundles, and receive a line-item discount based on the Qualifying Product category.

Example:

• Buyers purchasing a DIY Kit with a Graphics Card, Motherboard, Power Supply, Keyboard, and Gaming Case will receive the additional Associates Discount on Qualifying Products (Graphics Card, Motherboard, Power Supply, and Gaming Case), but no discount on the Keyboard.
• Similarly, Associates will only receive credit for each Qualifying Product that receives a discount in a DIY Kit or Featured Bundle.

Understanding the Associates Dashboard:

EVGA Associates can review their Associate Code, Current EVGA Bucks, Bucks Pending, and Bucks Earned This Month at any time by reviewing the Dashboard. At the bottom, several different coding options are available for Associates to display and share their Associate Code as a clickable banner. Lastly, Associates can see "Associates Rewards Percentages" and "Buyer Discount Percentages".

The Associates Rewards Percentages chart is broken up into Associates Rewards Percentages and Buyer Discount Percentages

• Associates Rewards Percentages are the percentages that an Associate will receive back in EVGA Bucks when a Buyer makes a purchase with their Associate Code.
  • All Associates will have the same Rewards Percentages at any given time, based on the Qualifying Products category.
• EVGA reserves the right to modify or change these percentages at any time, per the Associates Program Terms and Conditions.

For example, if the Associates Reward Percentage is 1%, then the Associate will receive 1% of the purchase price that the Buyer ultimately paid as EVGA Bucks.

• Example: Buyer purchased a Qualifying Product for $1,000.
  • The Associates Reward Percentage was 1%.
  • After 30 days, the Associate will receive 1% of $1,000 in EVGA Bucks, or 10 EVGA Bucks.

The Buyer Discount Percentages chart lets the Associate member know the discount amount their Buyer will receive during checkout, including if there are any current promotions for a particular qualifying product category.

• Buyer Discount Percentages are the percentages that a third-party will receive off Qualifying Products when using your Associate Code during purchase.
  • All Buyers will have the same Discount Percentages at any given time, based on the Qualifying Products category.
• EVGA reserves the right to modify or change these percentages at any time, per the Associates Program Terms and Conditions.

Buyers Discount Redemption and Terms:

Buyers are customers that use an Associates member's Associate Code to receive a discount from Qualifying Products on an EVGA.com Store. A Buyer may discover an Associate Code directly from the Associates member or by clicking an Associate's clickable banner.

Buyers Discount Redemption:

To use the Associate Code and receive a discount, Buyers must follow these steps:

1. Create an EVGA.com account (registration is free, if the Buyer does not currently have an account)
   1. See Buyer Eligibility, above, for where to sign up.
2. Add a Qualifying Product to the shopping cart
3. There are two ways to apply the Buyers discount – a) Clicking an Associate Code banner, or b) Enter the Associate Code manually during the checkout process
   1. Click an Associate Code banner
      1. Associates receive a custom Associate Code banner, which allows anyone to click the banner and receive a digital cookie to permit them to receive a Buyers discount from that Associates member for up to 14 days
         1. The cookie will expire after 14 days or making a purchase, whichever occurs first
      2. Once a Buyer has received the cookie, proceed through the checkout process
      3. On the "Enter your Credit Information" screen, your discount will be reflected as an Associate Code Discount
         1. If there is an issue with the cookie or if you have cookies disabled in your browser (i.e. "Private Mode" or "Incognito Mode" etc.), you may need to follow the steps below for entering the Associate Code manually.
      4. Proceed to Step 4
   2. Enter the Associate Code manually:
      1. During Checkout, fill out any requested information, select your shipping, and accept the Shipping Terms and Conditions
      2. When you enter the page for "Enter your Credit Information", enter the Associate Code in the appropriate box and click APPLY
      3. The Buyers Discount will now be applied
4. Proceed with the rest of the purchase and complete the remaining steps to submit payment

Buyer Discount Terms:

Buyers that use a valid Associate Code will receive a discount on the purchase price subtotal for a Qualifying Product(s). There are no limitations to the number of times that a Buyer may use an Associate Code, nor limitations on the number of Qualifying Products that can receive a discount per transaction. The purchase price will include any current instant rebates, discounts, and/or promotional pricing applied prior to applying the Buyers Associate Percentage. Buyer Discounts cannot be applied towards any taxes, shipping, duties, or other regional fees.

Buyers may use an Associates member's Associate Code on bundled products, such as the EVGA DIY Configurator or EVGA Featured Bundles. As each item within the bundle has a line-item price, the Buyers discount will be applied to any Qualifying Products within the bundle.

• Example: The Buyer Discount Percentages lists the Audio discount at 10%, the Graphics Card discount at 5%, and Motherboard discount at 3%. The Buyer intends to purchase a bundle that has a 10% discount to each product in the bundle.
  • Buyer uses an Associate Code and purchases a Featured bundle with a NU Audio Card, RTX 2080 XC, Z390 FTW, and Z10 Keyboard.
  • Although the bundle normally has a flat discount to each product (in this case 10%), each Qualifying Product will receive an additional discount based on the Buyer Discount Percentage for each product.
  • After applying the Associates Program discount, each product will now be discounted as follows:
    • NU Audio Card – 20% (10% + 10%)
    • RTX 2080 XC – 15% (10% + 5%)
    • Z390 FTW – 13% (10% + 3%)
    • Z10 Keyboard – 10% (No additional discount)
  • The bundle price subtotal will be updated based on these additional discounts.

Buyer discount percentages are final at the time of purchase. Rainchecks are not accepted. If the Buyer's discount percentages change after purchase, EVGA has sole discretion to adjust the price. Failure to properly apply an Associate Code cannot be corrected after purchase. Void where prohibited.

Once a purchase is completed, limited details of the Buyer's purchase will be listed on the Associates member's Activity page. The information disclosed about the Buyer includes the Transaction Date and purchase price for each Qualifying Product. No other information is shared with the Associates member, and all other data is maintained in accordance with EVGA's Privacy Policy, which can be located here: https://www.evga.com/privacy.asp

Note – as a reminder, per the EVGA Store Terms, Bundles and DIY Configurator purchases consist of all products in the bundle or DIY. All products must be purchased at the same time, and if a refund is requested, all products must be sent back.

Associates Member EVGA Bucks Redemption and Terms:

Associates Members are EVGA ELITE members that have signed up for the Associates Program. Associates are eligible to earn EVGA Bucks through purchases made by third-party Buyers that use their unique Associate Code with purchases of Qualifying Products on an EVGA.com store.

EVGA Bucks Redemption:

Associates members will receive EVGA Bucks back from Buyers through the following steps:

1. After signing up for the Associates Program, each new Associate will receive a unique Associate Code
2. Associates are free to distribute their Associate Code to anyone they wish and through any medium they wish, provided it complies with local and federal law.
   1. For convenience, Associates can locate preconfigured coding to add a clickable banner to websites, including the EVGA Forums. Associates may also distribute their Associate Code through social media.
3. To receive credit for a Buyer's purchase, the Buyer must follow the Buyers Discount Redemption steps noted above.
   1. In short, the Buyer must make a purchase of Qualifying Products while using the Associates member's Associate Code.
4. Once a successful purchase with the Associate Code is completed, the transaction information will show up on the Associate's Activity page.
   1. On the Activity Page, Associates can view
      1. The purchase price and purchase date of Qualifying Products purchased with their Associate Code EVGA Bucks
      2. EVGA Bucks Pending and Bucks Earned from Buyer's use of their Associate Code.
      3. The date when the EVGA Bucks will be applied to the Associate's account.
5. All purchases of a Qualifying Product made with an Associate Code will require a 30-day waiting period to ensure that the Buyer does not return the purchased product for a refund.
   1. Once the waiting period expires, the EVGA Bucks will automatically be added to the Associate's account.

Associates Redemption Terms:

An Associates member will receive EVGA Bucks when Buyers use their Associate Code to purchase Qualifying Products from an EVGA.com Store. To calculate the EVGA Bucks earned by the Associate, the Associates Reward Percentage for each Qualifying Product is applied to the final subtotal of each respective Qualifying Product in the Buyer's shopping cart. This final subtotal includes current instant rebates, discounts, promotional pricing, and the applied Buyers Associate Percentage for each Qualifying Product. The Associates Rewards Percentage is calculated at the time the Buyer purchases a Qualifying Product, and cannot be adjusted.

Each Qualifying Product purchased with an Associate Code will be added to the Associate's Activity page, along with the pending EVGA Bucks amount and date that the EVGA Bucks will be applied. EVGA Associate members will only receive EVGA Bucks if the Buyer has not returned a Qualifying Product or have an open RMA to return the Qualifying Product for a refund at the time the EVGA Bucks are scheduled to be added to the Associate's account. There are no substitutions or transfers of EVGA Bucks allowed, no cash alternative offered, except at the sole discretion of EVGA.

EVGA reserves the right to cancel or suspend the awarding of EVGA Bucks for any reason, including fraud, the use of exploits, or other actions deemed by EVGA to cast doubt on the integrity of the EVGA Associates Program.

General Terms and Conditions for the Associates Program:

EVGA reserves the right to modify, suspend, or cancel the EVGA Associates Program at any time, for any reason, and without notice. EVGA reserves the right to add or remove EVGA Bucks acquired through the Associates Program at its own discretion at any time and without compensation to the Associates member. The EVGA Associates Program and benefits may not be used in any unlawful manner, for any unlawful purpose, or in any manner that violates any right of EVGA or prohibited by these Terms.

You may not transfer or assign EVGA Bucks to any other person or entity; Associates members can only earn EVGA Bucks for their own account on EVGA.com.

EVGA Associates Program membership is conditional upon being an EVGA ELITE member. If, for any reason, an Associates member's EVGA ELITE membership expires or terminates, the member will also be removed from the EVGA Associates Program. EVGA Associates may cancel their membership at any time through the EVGA Associates portal at EVGA.com. Former EVGA Associates members become ineligible to sign up again for the EVGA Associates Program at the time of the cancellation or termination of their Associates membership, except at the sole discretion of EVGA. If an EVGA Associate’s membership status is cancelled or terminated while EVGA Bucks are Pending, then the EVGA Bucks will be forfeited.

EVGA will not be responsible for any losses or damage suffered by Buyers or Associates members due to failure to complete any or all steps within the time limit provided at each step of the process. EVGA will not be responsible for any losses or damage suffered by an Associate if a participating Buyer or prospective Buyer fails to properly purchase a product using the Associates member's Associate Code.

Associates members are responsible for all federal, state, local taxes, fees, and any applicable withholdings and reporting requirements associated with acceptance and use of EVGA Bucks acquired via the EVGA Associates Program.

Privacy Data Usage for the Associates Program:

By agreeing to the EVGA Associates Program Terms and Conditions, you agree that EVGA may send you email and other communications related to your EVGA Associates membership, regardless of any settings or preferences related to your EVGA account. You will still have the option to disable email and communications not related to your Associates membership. In general, such emails may include, but are not limited to, information such as Associates Percentage changes, EVGA Bucks successfully added to your account, changes to the Buyer Percentage or other information regarding the status of your Associates Membership status.

Associates will receive limited data on pending EVGA Bucks on their Activity Page, which may include partial information of a third-party's purchase of a Qualifying Product. Providing this data to Associates members is for informational purposes only and does not grant any authority or agency over the transaction or the Buyer, nor does it grant express or implied authorization or a license to request information from EVGA regarding any third-party transaction used in conjunction with the Associates member's Associate Code.

With the exception of the stated usage of personal privacy data mentioned in these Terms and Conditions, all such data is handled strictly in accordance with EVGA's Privacy Policy, which can be located here: https://www.evga.com/privacy.asp

Disclaimer

The EVGA Associates Program is provided as an optional program for registered accounts at EVGA.com, which contains a variety of benefits to Associates members. Registration is available to all EVGA ELITE members at EVGA.com who reside in a region serviced by an EVGA.com Store, with the exception of commercial accounts, such as businesses, organizations, and sole proprietors. Participants of the EVGA Associates Program agree to be bound by the Terms of the EVGA Associates Program, the Terms of the EVGA Bucks programs, and all other applicable EVGA terms and conditions. Failure to follow any of the Terms and Conditions may result in termination of your status as an EVGA Associates member.

EVGA reserves the right to terminate, without notice or compensation, the EVGA Associates Program in part or its entirety, and these Terms at any time. In the event of Associates Program membership termination, all restrictions, disclaimers, and limitations of liability set out in these Terms remain binding.

If any provision contained in these Terms is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions in these Terms, and the invalid, illegal, or unenforceable provision shall be deemed modified to have the most similar result that is valid and enforceable.

Limitation of Liability

IN NO EVENT SHALL EVGA OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE TO YOU OR TO ANY THIRD-PARTY CLAIMING THROUGH OR UNDER YOU, FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES. EVGA OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD-PARTY FOR SUCH DAMAGES, INCLUDING ANY LOST PROFITS ARISING FROM OR RELATING TO THE EVGA ASSOCIATES PROGRAM AND THESE TERMS. IN ALL CIRCUMSTANCES, EVGA'S MAXIMUM LIABILITY SHALL NOT EXCEED THE CASH AMOUNT EQUAL TO TWO TIMES THE NUMBER OF EVGA BUCKS EARNED BY AN ASSOCIATE IN THE 30 DAYS IMMEDIATELY PRECEDING THE DATE OF THE EVENT GIVING RISE TO SUCH LIABILITY. EVGA OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS RELATING TO MEMBERSHIP PROGRAM WHICH EXCEEDS THIS LIABILITY LIMIT. EVGA OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES SHALL NOT BE LIABLE FOR THIRD-PARTY CLAIMS FOR DAMAGES FOR DELAYS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS, OR EXEMPLARY DAMAGES, WHETHER OR NOT EVGA HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.