Educational Testing Service (“we”, “ETS” or “Company”) is offering you the opportunity to refer individuals via the TOEFL Ambassadors Program (“Program”), through which advocate/ambassadors can promote TOEFL’s products offered on the web site located at share.ets.org (the “Site”).

1. Binding Agreement. By using the Site or participating in the Program, you are bound by these Terms and Conditions (“Terms”) and indicate your agreement to them. All ETS decisions are final and binding.
2. Privacy. The personal information collected, processed and used as part of the Program will be used in accordance with ETS’s Privacy Statement, which is available by link via the Site. You acknowledge and agree that ETS may communicate with you about the Program and available offerings.
3. How the Program Works. You must be a legal resident of the United States of America and at least 18 years old to participate in the Program. Visit the Site and follow the on-screen instructions to begin. Once you sign up and create an account, you will be provided with a unique referral link (“Personal Link”) to share with others. Referred Individuals (“Referred Individuals”) must fully complete the steps outlined in the referral process as described in the referral message within the Site.
4. Restrictions. Referrers cannot refer themselves or create multiple, fictitious or fake accounts to participate in the Program as “Referred Individuals”. You agree to comply with all applicable laws and may not use the Program to violate any law, infringe or violate the rights of any third party, or otherwise act in a manner that is deemed harassing, harmful, illegal, hateful, obscene or outside the spirit and intent of the Program. In addition, you may not (i) tamper with the Program, (ii) act in an unfair or disruptive manner, including but not limited to misleading Referred Individuals and/or misrepresenting your relationship with ETS, or (iii) use any system, bot or other device or artifice to participate in or receive any benefit in the Program. Nothing herein shall grant any rights or licenses in any ETS intellectual property, including trademarks or logos. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE COMPANY RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
   Eligibility is limited to individuals only. Employees of ETS or any of its or their subsidiaries, affiliates or promotional agencies are not able to participate.
5. Rewards. By making a valid referral, you will receive an advocate reward and your Referred Individual will receive a discount reward as shown in the table below.

   Offer	Delivery Method	Referrer Benefit	Customer Benefit
   TOEFL iBT	1 voucher for iBT	$25	$25 discount
   TOEFL iBT + Test Prep	1 voucher for iBT + Test Prep bundle	$25	$50 discount

   You may forfeit or have Rewards withheld if you do not comply with the Terms or Program or if you fail to provide or maintain the accuracy of necessary information. You are solely responsible for any tax liability incurred in connection with your participation in the Program.
6. Liability. YOU UNDERSTAND AND AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). By participating in the Program, you agree to defend, indemnify, release and hold harmless ETS, Extole, Inc., as the provider of the referral service, 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, actions, demands, damages, losses, liabilities, costs or expenses caused by, arising out of, in connection with, or related to 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 any benefit in the Program. To be clear, the Released Parties shall not be liable for any technical errors or malfunctions, data theft or corruption, any printing or typographical error, or any damage to any computer system resulting from participating in, or accessing or downloading information in connection with the Program. The Released Parties shall not be liable to any users for failure to supply any advertised benefit, by reason of any acts of God, any action or request by any governmental or quasi-governmental entity (whether or not valid), or any other activity or action that is beyond any of the Released Parties’ control. TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.
7. Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) THE PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS AND TERMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR CUSTOM, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED THROUGH THE USE OF THE PROGRAM, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE AND GIVE NO WARRANTY THAT (i) THE PROGRAM WILL MEET YOUR REQUIREMENTS, (ii) THE PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, AND (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE PROGRAM WILL MEET YOUR EXPECTATIONS, AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PROGRAM IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
8. Bulk Distribution. As the actual sender of emails and communications, you must comply with applicable laws including “SPAM” laws. Referrals must be created and distributed in a personal manner that is appropriate and customary for communications with friends, colleagues and family members. If submitting any email address or other information as part of the Program, the Referrer represents that he/she has the appropriate permission and consent. Bulk email distribution, distribution to strangers, or any other use of the services described herein in a manner that is not promoted is expressly prohibited and may be grounds for immediate termination and further legal action. The Company has no obligation to monitor the Program or any communications; however, the Company may choose to do so and block any email messages, remove any content, or prohibit any use of the Program. Referrers who do not comply with the law, including anti-spam laws, are obligated to indemnify the Released Parties against any liabilities, costs and expenses it incurs as a result of such spam.
9. Sign-In Credentials. Users are responsible for maintaining the confidentiality of any sign-in credentials and are fully responsible for all activities that occur through the use of them. Users agree to notify the Company immediately if they suspect unauthorized access to their account. Users agree that the Company will not be liable for any loss or damage arising from unauthorized use of their credentials.
10. Right to Cancel, Modify or Terminate. We reserve the right to cancel, modify or terminate the Program at any time for any reason. 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.
11. Governing Law and Jurisdiction. Any claim, action, or proceeding arising out of the Terms or Program shall be governed by and construed in accordance with the laws of the United States and the State of New Jersey, without regard to principles of conflict of laws. Any claim, action, or proceeding related to the Terms or Program will be resolved exclusively in the state or federal courts located in the State of New Jersey and you consent to the jurisdiction of those courts.