Next Level Performance and Applaudit are registered trademarks of Dittman Incentive Marketing Corporation dba Next Level Performance.
Dittman Incentive Marketing Corporation dba Next Level Performance and/or its affiliates (collectively, “Next Level Performance”) has entered into a services agreement or other arrangement with your employer or other organization (the “Sponsor”) with which you are affiliated (e.g., as an employee, independent contractor, channel partner or service provider of the Sponsor or in some other manner), pursuant to which arrangement the Sponsor may, in its sole and absolute discretion, make this website available to you and other users affiliated with the Sponsor. Your use of or access to this website is provided subject to the following terms and conditions. By visiting this website you accept these terms and conditions. Please read them carefully.
Next Level Performance is not responsible for your use of or access to this website and does not screen or monitor usage of the website by you or any other users (including without limitation, any comments, materials or other information posted by you or any other users to the website). However, in the event Next Level Performance becomes aware of website usage that violates these terms and conditions, we reserve the right to block or terminate your access to this website and refer all such content to the Sponsor and any appropriate governmental authorities. In the event you have a concern or question regarding any aspect of this website (including without limitation, any comments, materials or other information posted by you or any other users to the website), please direct such concerns or questions to the Sponsor.
Copyright This website may contain proprietary notices and copyright information, the terms of which must be observed and followed.
Laws and Regulations
User access to and use of this website is subject to all applicable federal, state, and local laws and regulations. Award and/or gift offers are void where prohibited by law. The laws of the state of New Jersey, without regard to principles of conflict of laws, will govern use of and access to this website, any transactions, and any dispute of any sort that might arise between you and Next Level Performance. The resolution of any dispute arising from your use of this website shall be venued in the state of New Jersey.
Intellectual Property
All content on this website, including, but not limited to, graphics, logos, text, icons, images, audio or visual clips, digital downloads, data compilations and software is the property of Next Level Performance (or a content supplier of Next Level Performance) and is protected by United States and international copyright laws. The compilation of content on this website is the exclusive property of Next Level Performance and is protected by United States and international copyright laws. All software used on this website is the property of Next Level Performance (or a software
supplier of Next Level Performance) and is protected by United States and international copyright laws. You are prohibited from modifying, copying, reproducing, distributing, transmitting, displaying, publishing, uploading, posting, selling, licensing, creating derivatives works or using any content on this website for personal, commercial or public purposes. Any use of the materials contained on this website other than as described herein is strictly prohibited. You agree to not link to or frame any content contained on this website without Next Level Performance’s prior written permission.
Any material, information or other content you transmit or post to this website by email or otherwise, including any data, photographs, questions, comments or suggestions is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by Next Level Performance for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting, and Next Level Performance is free to use any ideas, concepts, know-how or techniques contained in any material, information or other content you send to this website for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.
Submission of User Content
You acknowledge that you are solely responsible for all material, information or other content (sometimes referred to herein as “user content”) that you transmit, post on or disseminate through the website, including any materials, information or other information transmitted about and/or to other users. You acknowledge and agree that all user content, including without limitation, any comments made or received by any user, will be accessible by other users and the Sponsor. Next Level Performance does not screen or monitor any user content in advance and is not responsible for screening or monitoring material, information or other content posted by users, the Sponsor or any other person or entity. Next Level Performance reserves the right to, from time to time, refuse, move, remove, change, condense or delete any user content on the website in Next Level Performance’s sole discretion. Without limiting the foregoing, if notified by a user or the Sponsor of any user content that does not conform to these terms and conditions, Next Level Performance may review the claim and determine in its sole discretion to remove or request the removal of the user content. Next Level Performance reserves the right (but is not obligated) to remove user content that is abusive, illegal, disruptive or that otherwise fails to conform with these terms and conditions and/or to edit or delete any user content, regardless of whether such content violates these terms and conditions. Next Level Performance further reserves the right (but is not obligated) to monitor, edit, disclose or record any user content for adherence to these terms and conditions. NEXT LEVEL PERFORMANCE HAS NO LIABILITY OR RESPONSIBILITY TO USERS OR ANY OTHER PERSON OR ENTITY FOR PERFORMANCE OR NONPERFORMANCE OF THE AFOREMENTIONED MONITORING OR SCREENING ACTIVITIES.
You agree that you shall not post, publish, submit or otherwise disseminate any material, information or other content to and/or through the website: (a) that is known by you to be false, inaccurate or misleading (including, without limitation, creating a fictitious account with false information); (b) that violates, infringes or misappropriates any third party’s copyright, patent, trademark, trade secret, right of privacy, right of publicity or other intellectual property or proprietary right; (c) that violates any law, statute, regulation, rule or ordinance (including, but not limited to, those governing consumer protection, unfair competition, anti-discrimination or false
advertising); (d) that is, or may reasonably be considered to be, defamatory, libelous, hateful, profane, abusive, racially, religiously or otherwise biased or offensive, threatening or harassing to any individual or entity, or otherwise contains foul or inappropriate language; (e) for which you were compensated or granted any consideration by any third party; (f) that contains any computer viruses, worms or other potentially damaging computer programs or files; (g) harasses or advocates harassment of another person; (h) exploits people in a sexual or violent manner; (i) involves the transmission of “junk mail”, “chain letters” or unsolicited mass mailing or “spamming”; (j) solicits passwords or personal identifying information for commercial or unlawful purposes; or (k) includes any information or photograph of a third party without such third party’s consent. YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE SUBJECT TO CRIMINAL AND CIVIL PENALTIES IF YOU POST OR UPLOAD ANY USER CONTENT THAT IS COPYRIGHTED OR CONTAINS ANY PROPRIETARY RIGHTS OF A THIRD PARTY.
No Warranties
THIS WEBSITE AND ALL INFORMATION ON THIS WEBSITE IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND WHETHER STATUTORY, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY, ALL OF WHICH ARE EXPRESSLY DISCLAIMED TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW. NEXT LEVEL PERFORMANCE DOES NOT WARRANT THAT ACCESS TO THIS WEBSITE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE, THE INFORMATION CONTAINED ON THIS WEBSITE OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEXT LEVEL PERFORMANCE IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN ANY MATERIAL, INFORMATION OR OTHER CONTENT ON THIS WEBSITE. MATERIAL, INFORMATION OR OTHER CONTENT CONTAINED ON THIS WEBSITE MAY CONTAIN TECHNICAL INACCURACIES. NEXT LEVEL PERFORMANCE DOES NOT UNDERTAKE ANY OBLIGATION TO UPDATE THE MATERIAL, INFORMATION OR OTHER CONTENT CONTAINED ON THIS WEBSITE. NEXT LEVEL PERFORMANCE MAY PROVIDE LINKS TO OTHER WEBSITES AS A CONVENIENCE BUT IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED WEBSITE OR ANY LINK CONTAINED IN A LINKED WEBSITE. THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY NEXT LEVEL PERFORMANCE OF THE LINKED WEBSITE. YOU SHOULD NOTE THAT OTHER WEBSITES AND INTERNET SERVICES MAY HAVE TERMS AND CONDITIONS THAT ARE DIFFERENT FROM THESE TERMS AND CONDITIONS. YOU EXPRESSLY AGREE THAT USE OF AND ACCESS TO THIS WEBSITE IS AT YOUR SOLE RISK.
NEXT LEVEL PERFORMANCE SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY POINTS, OTHER FORMS OF ACKNOWLEDGMENT AWARDED AND/OR COMMENTS MADE (OR OTHER MATERIAL, INFORMATION OR OTHER CONTENT POSTED) ABOUT YOU. IN THE EVENT ANY POINTS, OR OTHER FORMS OF ACKNOWLEDGMENT ARE REDEEMED IN EXCHANGE FOR ANY FORM OF PRIZE OR
AWARD, SUCH PRIZE OR AWARD IS PROVIDED THROUGH WEBSITES UNAFFILIATED WITH NEXT LEVEL PERFORMANCE AND NEXT LEVEL PERFORMANCE SHALL HAVE NO LIABILITY WHATSOEVER WITH RESPECT TO ANY SUCH ITEMS.
Waiver and Release of Liability
Your use of or access to this website constitutes your agreement to waive, release, and forever discharge Next Level Performance and the Sponsor, along with their subsidiaries and affiliates, any successors or assigns thereof, and any shareholders, directors, officers, managers, employees, agents, consultants and representatives (collectively, “Released Parties”) from any responsibility or liability arising out of or relating, directly or indirectly, to this website (including without limitation, any comments, awards, points, credits, gifts and/or any other aspect of the website and/or activities or programs related thereto). Without limiting the generality of the foregoing, you further waive, release and forever discharge Released Parties from any and all claims or causes of action (known or unknown, and whether arising from any negligent act or omission of Released Parties or others acting on their behalf) for any injury, illness, damage, liability or loss that may occur to you or your property, and that of any persons participating with you, arising out of or relating, directly or indirectly, to this website (including without limitation, any comments, awards, points, credits, gifts and/or any other aspect of the website and/or activities or programs related thereto). You acknowledge that it is entirely your choice to use or access the website (including any participation in any activities or programs). You are responsible for your decision to use this website and thus you are voluntarily and with knowledge assuming any risks stemming from your choice to participate in any and all programs, activities and other matters associated with the website.
Limitation of Damages
Next Level Performance specifically disclaims any liability (whether based in contract, tort, strict liability or otherwise) for any direct, indirect, incidental, consequential, or special damages arising out of or in any way connected with use of or access to the website and/or any prizes selected by you (even if Next Level Performance has been advised of the possibility of such damages) including liability associated with any viruses or malware which may infect a user’s computer equipment.
Indemnity You agree to indemnify, defend and hold harmless Next Level Performance and its shareholders, directors, officers, managers, employees, agents, consultants and representatives from and against any and all claims, liability, losses, damages, litigation, judgments, costs and expenses (including reasonable attorneys’ fees) arising out of or relating, directly or indirectly, to (a) your breach of these terms and conditions, (b) any material, information or other content provided by you to or through the website (including any comments made by you) and (c) any other use or access by you of this website (including any participation in any activities or programs). Your obligations pursuant to this paragraph will survive any termination of these terms and conditions and/or your use of and access to the website (including any participation in any activities or programs).
Changes
Next Level Performance reserves the right to revise these terms and conditions at any time and users are deemed to be apprised of and bound by any changes to these terms and conditions. Please check these terms and conditions periodically for changes. Your continued use of or access to this website following the posting of changes to these terms and conditions will indicate your acceptance of those changes.
Violations of Terms and Conditions
Next Level Performance reserves the right to seek all remedies available at law and in equity for violations of these terms and conditions, including the right to suspend and/or terminate your use of and access to this website, or block access from a particular internet address to this website.
Access to Password Protected/Secure Areas
Access to and use of password protected and/or secure areas of this website is restricted to authorized users only. Unauthorized individuals attempting to access these areas of this website may be subject to prosecution.
Children This website and Next Level Performance do not knowingly solicit data from children, and we do not knowingly market to children. By using this website you represent that you are at least 18 years old.
Jurisdiction This website is created, operated and controlled by Next Level Performance from its offices in New Brunswick, New Jersey USA. Next Level Performance makes no representation that this website or the prizes or materials, information or other content available on this website are appropriate or available for use in other locations, and use of or access to this website from jurisdictions where its prizes, materials, information or other content is illegal is prohibited. This website is to be used and accessed only within the United States and Canada.
Privacy Policy
What This Privacy Policy Covers
This policy covers how Next Level Performance treats personal information that Next Level Performance collects and receives, including, without limitation, information related to your past use of Company products and services. Personal information is information about you that is personally identifiable, such as your name, address, photograph, email address or phone number, and that is not otherwise publicly available.
Information Collection and Use
Next Level Performance collects personal information when you visit this website in different ways including, without limitation, when you visit this website or the website of certain partners. Next Level Performance automatically receives and records information on our server logs from your browser, including your IP address, website cookie information and the particular page(s) you visit on this website. At this time the website does not specifically respond to do-not-track signals. Next Level Performance uses information about you in a number of different ways including, without limitation, to customize the content you see, fulfill your requests for products and services, improve our services, contact you and conduct research.
Information Sharing and Disclosure
Next Level Performance does not rent, sell or share personal information about you with other people or nonaffiliated companies except (a) to provide products or services that you have requested, when we have your permission, (b) to the Sponsor (who has access to the website and all activity of you and the other users) and (c) under the following circumstances:
We also provide personal information to partners and affiliates who work on behalf of or with Next Level Performance under confidentiality agreements. These companies may use your personal information to help Next Level Performance communicate with you about offers from Next Level Performance, our affiliates and our marketing partners. However, these companies do not have any independent right to share this information with other nonaffiliated companies other than in the performance of their services. We respond to subpoenas, court orders or legal process, and may disclose your personal information to establish or exercise our legal rights or defend against legal claims. Although we do not screen or monitor usage for fraud, violations of law, physical threats or other illegal activity and/or compliance with any codes of conduct, in the event we do become aware of any such types of matters, and we may share such information if we believe it is necessary to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person or as otherwise required by law. We may transfer information about you if Next Level Performance is acquired by or merged with another company or if all or substantially all of Next Level Performance’s assets are sold. In this event, Next Level Performance will use reasonable efforts to notify you, using contact information you have provided, regarding the transfer of information. We will inform you at that time whether your information will become subject to a new privacy policy.
Sharing Personal Information
Next Level Performance may disclose your personal information to a third party for a business purpose. When Next Level Performance discloses personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract. We share your personal information with the following categories of third parties:
1. Service providers.
2. Data aggregators.
Disclosures of Personal Information for a Business Purpose
In the preceding twelve (12) months, Next Level Performance has not disclosed personal information for a business purpose/has disclosed the following categories of personal information for a business purpose:
[Category A: Identifiers.]
[Category B: California Customer Records personal information categories.]
[Category C: Protected classification characteristics under California or federal law.]
[Category D: Commercial information.]
[Category E: Biometric information.]
[Category F: Internet or other similar network activity.]
[Category G: Geolocation data.]
[Category H: Sensory data.]
[Category I: Professional or employment-related information.]
[Category J: Non-public education information.]
[Category K: Inferences drawn from other personal information.]
Next Level Performance discloses your personal information for a business purpose to the following categories of third parties: Microsoft Azure, NGC, Save On Resort, Vivid Seats, GTP, Aventri.
Sales of Personal Information
In the preceding twelve (12) months, Next Level Performance has not sold personal information.
Access to Specific Information and Data Portability Rights
You have the right to request that Next Level Performance disclose certain information to you about our collection and use of your personal information over the past 12 months. Once Next Level Performance receives and confirms your verifiable consumer request, we will disclose to you:
1. The categories of personal information Next Level Performance collected about you.
2. The categories of sources for the personal information Next Level Performance collected about you.
3. Next Level Performance’s business or commercial purpose for collecting or selling that personal information.
4. The categories of third parties with whom Next Level Performance share that personal information.
5. The specific pieces of personal information Next Level Performance collected about you (also called a data portability request).
6. If Next Level Performance sold or disclosed your personal information for a business purpose, two separate lists disclosing: • Sales, identifying the personal information categories that each category of recipient purchased; and
• Disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
Deletion Request Rights
You have the right to request that Next Level Performance delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once Next Level Performance receives and confirms your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.
We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:
1. Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.
2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
3. Debug products to identify and repair errors that impair existing intended functionality.
4. Exercise free speech ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
5. Comply with the California Electronic Communications Privacy Act (“CCPA”)
6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.
7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
8. Comply with a legal obligation.
9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
Exercising Access, Data Portability, and Deletion Rights
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to Next Level Performance by either:
1. Calling us at 1-800-433-7712
2. Emailing us at
[email protected]
3. Visiting nxlperformance.com/contact
Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
1. Provide sufficient information that allows Next Level Performance to reasonably verify you are the person about whom we collected personal information or an authorized representative.
2. Describe your request with sufficient detail that allows Next Level Performance to properly understand, evaluate, and respond to it.
Next Level Performance cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Next Level Performance will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.
Response Timing and Format
Next Level Performance endeavors to respond to a verifiable consumer request within forty-five (45) days of its receipt. If Next Level Performance requires more time (up to 90 days), we will inform you of the reason and extension period in writing.
If you have an account with Next Level Performance, we will deliver our written response to that account. If you do not have an account with Next Level Performance, we will deliver our written response by mail or electronically, at your option.
Any disclosures Next Level Performance provides will only cover the 12-month period preceding the verifiable consumer request's receipt. The response Next Level Performance provides will also explain the reasons we cannot comply with a request, if applicable.
Next Level Performance does not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If Next Level Performance determines that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
Personal Information Sales Opt-Out and Opt-In Rights
If you are 16 years of age or older, you have the right to direct Next Level Performance to not sell your personal information at any time (the “right to opt-out”). Next Level Performance does not sell the personal information of consumers, unless we receive affirmative authorization (the “right to opt-in”) from either the consumer, or the parent or guardian of a consumer. Consumers who opt-in to personal information sales may opt-out of future sales at any time.
To exercise the right to opt-out, you (or your authorized representative) may submit a request to Next Level Performance by visiting the following Internet Web page link:
https://www.nxlperformance.com/contact/
Once you make an opt-out request, Next Level Performance will wait at least twelve (12) months before asking you to reauthorize personal information sales. However, you may change your mind and opt back in to personal information sales at any time by:
https://nxlperformance.com/contact/
Next Level Performance will only use personal information provided in an opt-out request to review and comply with the request.
Non-Discrimination
Next Level Performance will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
1. Deny you goods or services.
2. Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
3. Provide you a different level or quality of goods or services.
4. Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
However, Next Level Performance may offer you certain financial incentives permitted by the CCPA that
can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive Next Level Performance offers will reasonably relate to your personal information’s value and contain written terms that describe the program's material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.
Cookies Next Level Performance may set and access website cookies on your computer, mobile phone and other similar devices. Next Level Performance may use web beacons to access website cookies inside and outside our network of websites and in connection with company products and services. The data collected from these cookies helps us to analyze browsing patterns of our visitors and improve the content and design of the website. The information collected from these cookies is for the exclusive use of Next Level Performance and its affiliates and will not be shared with other vendors.
Confidentiality and Security
We use commercially reasonable efforts to protect your personal information from unauthorized access or use. We use customary encryption and authentication tools to protect the security of your personal information that you share with us. However, no data transmission over the Internet can be guaranteed to be 100% secure. Therefore, while we strive to protect your personal information, we cannot guarantee or warrant the security of any information you transmit to or from our website and you do so at your own risk.
Policy Changes
If we change our privacy policy in whole or in part, we will inform you by posting a notice on our website. Those changes will go into effect on the date posted in the notice. The new policy will apply to all current and past users of our website and will replace any prior policies that are inconsistent.
Effective February 12, 2020