Product Tester | Terms & Conditions
Clear Mountain Provisions Product Testing Agreement
Terms and Conditions
This Product Testing Agreement ("Agreement") is made between Clear Mountain Provisions ("Company") and the individual ("Tester"). By participating in the product testing program, the Tester agrees to the following terms and conditions:
1. Voluntary Participation
1.1 The Tester acknowledges that participation in the Clear Mountain Provisions product testing program is voluntary. This participation does not constitute an employment relationship with Clear Mountain Provisions, nor does it imply or guarantee an offer of employment now or in the future. The Tester understands that their role is solely to provide feedback on products.
1.2 The Tester understands and agrees that Clear Mountain Provisions is not obligated to compensate for their participation in the product testing program. This includes but is not limited to, monetary compensation, benefits, or any other forms of remuneration. The Tester participates out of their own interest and will not receive any wages, salary, or other financial benefits from Clear Mountain Provisions unless at the sole discretion of Clear Mountain Provisions.
1.3 The Tester acknowledges that they are not obligated to participate in the product testing program and can choose to withdraw from the program at any time without any penalty or negative repercussions. Similarly, Clear Mountain Provisions reserves the right to terminate the Tester’s participation in the program at any time and for any reason, as outlined in Section 4 of this Agreement.
2. Confidentiality and Non-Disclosure
2.1 The Tester agrees to keep all information related to the tested products strictly confidential. This includes but is not limited to, product design, features, performance, specifications, and any feedback the Tester provides. The Tester understands that any unauthorized disclosure of this information could significantly harm Clear Mountain Provisions and may subject the Tester to legal penalties.
2.2 The Tester shall not disclose any confidential information to any third party without the prior written consent of Clear Mountain Provisions. This prohibition includes but is not limited to, sharing information with friends, family, colleagues, or any other individuals or entities who are not authorized by Clear Mountain Provisions to receive such information.
2.3 Requests to share information about the tested product can be made anytime by the tester to Clear Mountain Provisions.
2.4 The Tester agrees to take all necessary precautions to prevent unauthorized access, use, or disclosure of confidential information. This includes safeguarding any written, electronic, or verbal information received as part of the product testing program.
2.5 The confidentiality obligations outlined in this Agreement shall continue indefinitely, even after the Tester’s participation in the product testing program is terminated. The Tester acknowledges that the duty to maintain the confidentiality of Clear Mountain Provisions’ proprietary information is ongoing and survives the termination of this Agreement.
2.6 In the event of a breach of this confidentiality agreement, Clear Mountain Provisions reserves the right to seek all available legal remedies, including but not limited to injunctive relief and damages, to protect its interests and confidential information.
3. Feedback and Reporting
3.1 The Tester agrees to provide detailed, honest feedback on the tested products. This feedback may include but is not limited to, completing surveys, participating in discussions, and providing written evaluations as requested by Clear Mountain Provisions. The Tester understands that their input is crucial for improving and developing Clear Mountain Provisions’ products.
3.2 The Tester commits to providing feedback within the specified timeframe and in the manner Clear Mountain Provisions requested. This may involve answering specific questions, rating various aspects of the products, and offering suggestions for improvements. The Tester agrees to be thorough and candid in their evaluations to help Clear Mountain Provisions accurately assess the performance and appeal of the tested products.
3.3 Clear Mountain Provisions will use the feedback provided by the Tester for internal purposes related to product improvement and development. This includes analyzing the Tester’s comments to identify strengths, weaknesses, and potential enhancements for the tested products.
3.4 The Tester acknowledges and agrees that Clear Mountain Provisions reserves the right to use the Tester’s feedback in marketing or promotional materials. This may include, but is not limited to, using quotes, testimonials, or summaries of the input provided by the Tester. Clear Mountain Provisions will ensure that any such use respects the Tester’s privacy and anonymity unless the Tester explicitly consents to be identified.
3.5 By providing feedback, the Tester grants Clear Mountain Provisions a perpetual, irrevocable, royalty-free license to use, reproduce, modify, and distribute the feedback in any form and for any purpose related to the Company’s business operations, including but not limited to marketing, advertising, and product development.
4. Termination
4.1 Clear Mountain Provisions reserves the right to terminate this Agreement and the Tester’s participation in the product testing program at any time and for any reason, at its sole discretion. Such termination may occur with or without prior notice to the Tester. Reasons for termination may include but are not limited to, breach of this Agreement, failure to provide timely feedback, or any other reason deemed appropriate by Clear Mountain Provisions.
4.2 Upon termination by Clear Mountain Provisions, the Tester agrees to immediately cease using any products provided for testing, if so instructed, and return any requested products in accordance with the instructions provided by Clear Mountain Provisions. The Company will cover any costs associated with the return of these products.
4.3 The Tester may also terminate their participation in the product testing program by providing written notice to Clear Mountain Provisions. This notice should be sent via email or other agreed-upon communication methods, and the Tester’s intention to terminate participation should be clearly stated.
4.4 Upon termination by the Tester, the Tester agrees to complete any outstanding feedback or reporting obligations, if requested by Clear Mountain Provisions, to ensure that the Company can still benefit from the Tester’s input on the products tested up to the point of termination.
4.5 Termination of this Agreement, whether by Clear Mountain Provisions or the Tester, shall not affect the ongoing confidentiality obligations as outlined in Section 2 of this Agreement, nor shall it impact the Company’s rights to use any feedback already provided by the Tester as outlined in Section 3.
5. No Assumption of Liability
5.1 The Tester understands and agrees that Clear Mountain Provisions is not liable for any damages, injuries, or adverse effects that may result from using the products provided for testing. This includes but is not limited to, physical injury, property damage, allergic reactions, or any other harm or loss that may occur while using the tested products.
5.2 The Tester acknowledges that they are participating in the product testing program at their own risk. The Tester agrees to follow all provided instructions, safety guidelines, and usage recommendations associated with the tested products to minimize any risk of harm.
5.3 The Tester assumes full responsibility for any risks associated with using the tested products. This includes but is not limited to, risks related to the products' inherent properties and any unforeseen issues that may arise during the testing period.
5.4 The Tester agrees to indemnify, defend, and hold harmless Clear Mountain Provisions, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorney’s fees) arising out of or in connection with the Tester’s use of the tested products. This indemnification includes any third-party claims resulting from the Tester’s participation in the product testing program.
5.5 In the event of any incident or adverse reaction related to the tested products, the Tester agrees to promptly report the details to Clear Mountain Provisions and cooperate fully with any subsequent investigation or inquiry.
6. Product Retention and Return
6.1 The Tester may keep all products provided for testing by Clear Mountain Provisions unless the Company explicitly requests the return of certain products. This right to retain products applies only to the specific items provided for the product testing program.
6.2 If Clear Mountain Provisions requests the return of any tested products, the Tester agrees to comply promptly. The Company will provide clear instructions for the return process, including the method of return and any necessary packaging.
6.3 Clear Mountain Provisions will cover all costs associated with the return shipping of the products. The Tester will not be responsible for shipping fees or related expenses incurred during the return process.
6.4 If products are requested to be returned, the Tester agrees to return them in as good a condition as reasonably possible, considering normal wear and tear from testing. The Tester is expected to pack the products securely to avoid damage during transit.
6.5 The Tester acknowledges that any failure to return products as requested may result in termination from the product testing program and potential legal action to recover the items or their value.
6.6 Clear Mountain Provisions retains the right to request the return of products at any time, for any reason, at its sole discretion. This right will be communicated clearly and reasonably to the Tester, along with enough time to facilitate the return.
7. Discount Codes
7.1 As a participant in the product testing program, the Tester will receive discount codes for future purchases from Clear Mountain Provisions. These discount codes are a gesture of appreciation for the Tester’s time and effort in providing valuable feedback.
7.2 The Tester agrees that the discount codes are intended for their personal use only. Sharing, distributing, or transferring these discount codes to friends, family, or colleagues is strictly prohibited. Any misuse of the discount codes may result in termination from the product testing program.
7.3 The validity of discount codes is limited to the duration of the tester’s active participation in the product testing program. Once the Tester’s involvement in the program ends, whether by completion, withdrawal, or termination, the discount codes will expire and no longer be usable.
7.4 Clear Mountain Provisions reserves the right to set specific terms and conditions for using the discount codes, including but not limited to minimum purchase requirements, applicable product categories, and expiration dates. The Tester agrees to comply with these terms when using the discount codes.
7.5 The Tester acknowledges that the discount codes cannot be redeemed for cash, combined with other promotional offers, or applied retroactively to previous purchases.
7.6 Clear Mountain Provisions retains the right to modify or discontinue the discount code program at any time, with or without notice to the Tester. Such changes will not affect any discount codes already issued during active participation.
7.7 If there are any issues or questions regarding the discount codes, the Tester agrees to contact Clear Mountain Provisions for resolution rather than attempting to resolve the matter independently.
8. Intellectual Property
8.1 All intellectual property rights in the products provided for testing and any improvements, modifications, or innovations derived from the Tester’s feedback shall remain the exclusive property of Clear Mountain Provisions. This includes but is not limited to, patents, trademarks, copyrights, trade secrets, and any other proprietary rights associated with the products.
8.2 The Tester acknowledges and agrees that they do not have, nor will they claim, any ownership, rights, title, or interest in the tested products or any related intellectual property, regardless of the extent of their participation in the product testing program. All rights and benefits arising from using the Tester’s feedback shall be the sole property of Clear Mountain Provisions.
8.3 The Tester agrees not to use, reproduce, distribute, or exploit any intellectual property associated with the tested products for any purpose other than providing feedback to Clear Mountain Provisions as part of the product testing program. Any unauthorized use of Clear Mountain Provisions’ intellectual property is strictly prohibited and may result in legal action.
8.4 The Tester understands that any breach of this intellectual property agreement, including but not limited to claiming ownership, sharing proprietary information, or using the intellectual property for personal or commercial gain, will have consequences. These consequences may include immediate termination from the product testing program, legal action, and acceptance of liability for damages incurred by Clear Mountain Provisions due to the breach.
8.5 If the Tester develops any new ideas, suggestions, or improvements related to the tested products, whether independently or in collaboration with others, the Tester agrees to disclose such developments to Clear Mountain Provisions. The Tester further agrees that all such developments shall become the exclusive property of Clear Mountain Provisions, and the Tester shall execute any necessary documents to transfer any rights to Clear Mountain Provisions.
8.6 The Tester agrees to cooperate fully with Clear Mountain Provisions to protect its intellectual property rights, including assisting in any legal proceedings or actions to enforce such rights.
8.7 The Tester acknowledges that this intellectual property agreement shall survive the termination of their participation in the product testing program and remain in effect indefinitely.
9. Governing Law
9.1 This Agreement shall be governed by and construed by the laws of the State of North Carolina without regard to its conflict of law principles. The Tester agrees that the laws of North Carolina shall exclusively apply to the interpretation, construction, and enforcement of this Agreement.
9.2 Any disputes, controversies, or claims arising out of or relating to this Agreement, including the breach, termination, or validity thereof, shall first be attempted to be resolved through good faith negotiations between the parties.
9.3 If the parties cannot resolve the dispute through negotiations within thirty (30) days, the dispute shall be submitted to mediation. Mediation shall be conducted in Raleigh, North Carolina, and the parties shall mutually agree on selecting a mediator. Both parties shall share The mediation costs equally, except that each party shall bear its legal expenses.
9.4 If mediation fails to resolve the dispute, the matter shall be submitted to binding arbitration by the American Arbitration Association (AAA) rules. The arbitration shall occur in Raleigh, North Carolina, and be conducted by a single arbitrator mutually agreed upon by the parties. The AAA shall appoint one if the parties disagree with an arbitrator. The arbitrator's decision shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
9.5 The costs of arbitration, including the fees and expenses of the arbitrator, shall be shared equally by the parties unless the arbitrator determines that such allocation is inequitable, in which case the arbitrator may allocate costs in a manner they deem appropriate. Each party shall bear its legal expenses unless the arbitrator rules otherwise.
9.6 Notwithstanding the preceding, if the Tester is found to be at fault for any breach of this Agreement, including but not limited to violations of Sections 2 (Confidentiality and Non-Disclosure) or 8 (Intellectual Property), the Tester shall be liable for all costs associated with Clear Mountain Provisions pursuing legal action, including but not limited to attorney's fees, court costs, and any other expenses incurred by Clear Mountain Provisions.
9.7 Clear Mountain Provisions reserves the right to seek injunctive or equitable relief in a court of competent jurisdiction to prevent or address any actual or threatened breach of Sections 2 (Confidentiality and Non-Disclosure) or 8 (Intellectual Property) of this Agreement.
9.8 The Tester agrees that any legal action, suit, or proceeding arising out of or relating to this Agreement shall be instituted exclusively in the federal or state courts in Raleigh, North Carolina. The Tester hereby consents to these courts' personal jurisdiction and venue and waives any objection to such jurisdiction and venue.
10. Entire Agreement
10.1 This Agreement constitutes the entire agreement concerning the subject matter between the parties. It supersedes all prior agreements, representations, warranties, and understandings, whether written or oral, relating to such subject matter. Both parties acknowledge that they have not relied on any representations, promises, or agreements other than those set forth herein.
10.2 No amendment or modification of this Agreement shall be valid or binding unless made in writing and signed by both parties. Any waiver of any provision of this Agreement shall not be deemed a waiver of any other provision, nor shall it be deemed a continuing waiver unless expressly stated otherwise in writing and signed by both parties.
10.3 If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall remain in full force and effect. The invalid or unenforceable provision shall be modified to the extent necessary to make it valid and enforceable while preserving the parties' original intent as closely as possible.
10.4 This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute the same instrument. Electronic signatures shall be considered valid as original signatures for executing this Agreement.
11. Privacy and Data Protection
11.1 Clear Mountain Provisions is committed to protecting the privacy and personal information of the Tester. The Company will collect, use, and store the Tester’s personal information solely for purposes related to the product testing program and, where applicable, future marketing efforts by applicable data protection laws and regulations.
11.2 The personal information collected from the Tester may include but is not limited to, the Tester’s name, contact information, demographic details, and feedback on the tested products. This information will be used to manage the Tester’s participation in the product testing program, communicate with the Tester, and improve Clear Mountain Provisions’ products and services.
11.3 Clear Mountain Provisions will not share the Tester’s personal information with third parties except as necessary to fulfill the purposes described in this Agreement or as required by law. Any third parties engaged by Clear Mountain Provisions to assist in the product testing program will be contractually obligated to protect the Tester’s personal information consistent with this Agreement and applicable data protection laws.
11.4 The Tester has the right to access, correct, or request the deletion of their personal information held by Clear Mountain Provisions. Any such requests should be made in writing and directed to the Company’s designated data protection officer or representative.
11.5 The Tester consents to the collection, use, and storage of their personal information as described in this Agreement. The Tester also consents to receiving communications from Clear Mountain Provisions related to the product testing program and future marketing efforts unless the Tester opts out of such communications by following the instructions provided in the communications or by contacting Clear Mountain Provisions directly.
11.6 Clear Mountain Provisions will implement appropriate technical and organizational measures to protect the Tester’s personal information against unauthorized or unlawful processing, accidental loss, destruction, or damage.
11.7 In the event of a data breach that affects the Tester’s personal information, Clear Mountain Provisions will notify the Tester as required by applicable data protection laws and regulations and will take all necessary steps to mitigate the impact of the breach.
12. Non-Commercial Use
12.1 The Tester agrees that all products provided for testing by Clear Mountain Provisions are intended solely for personal use. The Tester shall not sell, resell, distribute, or otherwise use the tested products for any commercial purposes, including but not limited to retail, wholesale, or online sales.
12.2 The Tester acknowledges that the products provided for testing are proprietary to Clear Mountain Provisions and are distributed to the Tester for the specific purpose of obtaining feedback to aid in product development and improvement. Any use of the tested products outside this intended purpose is strictly prohibited.
12.3 The Tester agrees not to use the products in any public demonstrations, displays, or presentations without the prior written consent of Clear Mountain Provisions and shall not use the products to create derivative works, adaptations, or alterations intended for commercial gain.
12.4 If Clear Mountain Provisions discovers that the Tester has used the products for commercial purposes, the Company reserves the right to terminate the Tester’s participation in the product testing program immediately. Additionally, Clear Mountain Provisions may pursue any and all legal remedies available, including seeking damages and injunctive relief.
12.5 The Tester understands that any unauthorized commercial use of the products may significantly harm Clear Mountain Provisions, including financial loss and damage to the Company's reputation. The Tester agrees to indemnify and hold Clear Mountain Provisions harmless from any claims, damages, or losses resulting from the unauthorized commercial use of the tested products.
12.6 This non-commercial use clause shall remain in effect indefinitely, even after the Tester’s participation in the product testing program has ended. The Tester’s obligations under this section are ongoing and survive the termination of this Agreement.
13. Tester Obligations
13.1 The Tester agrees to use the products provided for testing strictly by any guidelines, instructions, and recommendations supplied by Clear Mountain Provisions. This includes following any usage instructions, safety warnings, and maintenance guidelines associated with the products.
13.2 The Tester is responsible for ensuring that the products are used safely and appropriately. The Tester agrees to read and understand all safety instructions provided with the products and to take all necessary precautions to prevent accidents, injuries, or damage.
13.3 The Tester agrees to report any issues, defects, adverse effects, or unexpected results related to the products immediately to Clear Mountain Provisions. This includes, but is not limited to, any physical damage to the products, adverse health reactions, or any other concerns that arise during the testing period.
13.4 The Tester shall document and communicate any problems or issues with the products clearly and in detail. This documentation should include descriptions of the issues, steps taken to reproduce or mitigate the situation, and any relevant photographs or videos, if applicable.
13.5 The Tester agrees to cooperate fully with Clear Mountain Provisions in any investigation or follow-up activities related to reported issues. This may include answering additional questions, participating in interviews, or providing further information as requested by the Company.
13.6 The Tester acknowledges that failure to follow the provided guidelines and safety instructions or failure to report issues promptly may result in termination from the product testing program and could potentially cause harm or damage. The Tester agrees to indemnify and hold Clear Mountain Provisions harmless from any claims, damages, or losses resulting from the Tester’s failure to adhere to these obligations.
13.7 The Tester agrees that participation in the product testing program is conditional on adherence to these obligations and that any breach of these obligations may result in immediate termination from the program.
14. Conflicts of Interest
14.1 The Tester agrees to disclose any potential conflicts of interest that may arise during their participation in the product testing program. This includes, but is not limited to, any affiliations, relationships, engagements with competitor brands, other product testing programs, or other activities that could compromise the Tester’s impartiality or objectivity.
14.2 The Tester shall disclose any conflicts of interest in writing to Clear Mountain Provisions as soon as they become aware. This disclosure should include a description of the nature of the conflict and any relevant details that may impact the Tester’s participation in the program.
14.3 The Tester understands that a conflict of interest may include, but is not limited to:
Employment, consultancy, or other professional relationships with competitor brands.
Participation in other product testing programs for similar or competing products.
Financial interests or investments in competitor companies.
Any personal relationships that could influence the Tester’s feedback or reporting.
14.4 Clear Mountain Provisions reserves the right to assess the disclosed conflict of interest and determine the appropriate action. This may include allowing the Tester to continue participation under certain conditions, temporarily suspending participation, or terminating the Tester’s involvement in the product testing program.
14.5 The Tester agrees that failure to disclose any potential conflicts of interest, or any attempt to conceal such conflicts, may result in immediate termination from the product testing program and possible legal action. The Tester acknowledges that transparency and honesty are critical to maintaining the integrity of the product testing process.
14.6 The Tester agrees to cooperate fully with Clear Mountain Provisions in resolving any conflicts of interest and to adhere to any guidelines or decisions made by the Company regarding the Tester’s participation in the program.
14.7 This obligation to disclose conflicts of interest shall remain in effect throughout the Tester’s participation in the product testing program and shall survive the termination of this Agreement.
15. Duration of Testing
15.1 Clear Mountain Provisions will define the testing period for each product and communicate the specific duration to the Tester at the start of the testing program. The testing period may vary depending on the product being tested and the goals of the testing program.
15.2 The Tester agrees to actively participate in the product testing program for the entire duration specified by Clear Mountain Provisions. This includes using the product as directed, providing feedback, and completing the required surveys or reports within the required timeframe.
15.3 Clear Mountain Provisions reserves the right to extend or shorten the testing period at its discretion. Any changes to the testing period will be communicated to the Tester as soon as possible, and the Tester agrees to comply with the updated schedule.
15.4 If the Tester cannot continue participating in the product testing program, the Tester agrees to notify Clear Mountain Provisions as soon as possible. The Tester may be required to return the product and provide a summary of their findings up to the point of discontinuation.
15.5 The Tester understands that their participation in the product testing program is conditional upon adhering to the specified testing period and fulfilling all associated responsibilities. Failure to do so may result in termination from the program and potential exclusion from future testing opportunities.
15.6 After the testing period, Clear Mountain Provisions may request a final report or feedback from the Tester summarizing their overall experience with the product. This feedback is critical for the Company’s product evaluation and improvement processes.
15.7 The Tester acknowledges that the defined testing period is essential for Clear Mountain Provisions to gather comprehensive and accurate data on the product’s performance and user experience. The Tester agrees to commit to the program’s schedule and deadlines to ensure the effectiveness of the testing process.
16. Amendments
16.1 Clear Mountain Provisions reserves the right to modify the terms and conditions of this Agreement at any time. Any modifications will be communicated to the Tester in writing through email or other agreed-upon communication methods. The Tester agrees that continued participation in the product testing program following such notice is acceptance of the modified terms and conditions.
16.2 The Tester will be given a reasonable period to review any modifications to the Agreement. If the Tester does not agree to the modified terms, they may terminate their participation in the product testing program by providing written notice to Clear Mountain Provisions.
16.3 Any amendments or modifications to this Agreement that are mutually agreed upon by both parties, other than those unilaterally made by Clear Mountain Provisions as described in Section 16.1, must be documented in writing and signed by both parties. This includes any changes to the Agreement's terms, conditions, or obligations.
16.4 The Tester acknowledges that any verbal agreements or understandings not documented in writing and signed by both parties shall not be considered valid amendments to this Agreement.
16.5 If any modification to this Agreement results in a significant change to the Tester’s obligations or the nature of their participation in the product testing program, Clear Mountain Provisions will provide additional guidance and clarification to ensure the Tester fully understands the implications of the changes.
16.6 The Tester agrees to review any notices of modifications to this Agreement promptly and to let Clear Mountain Provisions know about any concerns or questions.
16.7 This section on amendments does not affect any other provisions of this Agreement, which shall remain in full force and effect unless explicitly modified as described herein.