Welcome to the Monster Energy Collegiate Ambassador Team website, located at http://monstercatteam.ca (the "Site") and operated by Monster Energy Company ("Monster Energy").

THIS IS A LEGAL AGREEMENT ("AGREEMENT") BETWEEN YOU, THE END USER (ON BEHALF OF YOURSELF, OR YOUR COMPANY OR ORGANIZATION), AND MONSTER ENERGY. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE CONTINUING TO USE THE SITE AND CREATING YOUR ACCOUNT. BY CLICKING ON THE "I AGREE TO TERMS AND AGREEMENTS" BUTTON, YOU ARE AGREEING TO BE BOUND BY, AND ARE BECOMING A PARTY TO, THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT CLICK ON THE "YES, I ACCEPT" BUTTON AND DISCONTINUE YOUR REGISTRATION. YOUR USE OF THE SITE MEANS THAT YOU AGREE TO THE TERMS OF THIS AGREEMENT.

References in this Agreement to "Monster Energy," "we," "us" or "our" mean Monster Energy. We may at our sole and absolute discretion change, add, modify, or delete portions of this Agreement at any time without notice. It is your sole responsibility to review this Agreement for changes prior to use of the Site, and in any event your continued use of the Site following the posting of changes to this Agreement and the Privacy Policy set forth elsewhere on the Site, the terms of which are incorporated by this reference, constitutes your acceptance of any changes. You must be at least 16 years old to use the Site. You must have reached the age of majority in your jurisdiction of residence to submit an application to be considered for Monster Energy’s Collegiate Ambassador Team (“CAT”) and obtain a user name and password for participation in the Monster Energy Community ("Community") on the Site. You shall be exclusively responsible for the supervision, management, and control of your user login and password for the Site and you shall ensure that you properly exit the Site at the end of each session.

The Site is controlled or operated (or both) by us from Canada and is not intended for or directed to audiences outside Canada. The Site may not be appropriate or available for use in some jurisdictions. Any use of the Site is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may take measures to limit the Site’s availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.

Intellectual Property. The content, organization, graphics, design, compilation, and other matters related to the Site are protected under applicable U.S. and international copyright, trademark and other intellectual property laws. "Monster Energy" and our logos and other marks (“Trademarks”) are either trademarks or registered trademarks of Monster Energy. We and our licensors exclusively own all worldwide right, title and interest in and to all the Trademarks, documentation, software, contents, graphics, designs, data, computer codes, ideas, know-how, "look and feel," compilations, magnetic translations, digital conversions and other materials included within the Site and related to the Site, and all modifications and derivative works thereof, and all intellectual property rights related thereto (collectively, the "Intellectual Property"). The posting of information or materials on the Site by us does not constitute a waiver of any rights in any Intellectual Property or such information and materials. You shall not challenge, contest or otherwise impair Monster Energy's ownership of the Site and the content therein or the validity or enforceability of Monster Energy's rights in the Intellectual Property. We reserve the right in our sole discretion to edit or delete any information or other content appearing on the Site at any time without notice. Nothing contained in this Agreement shall be construed by implication, estoppel or otherwise as granting to the user an ownership interest in the Intellectual Property or any copyright, trademark, patent or other intellectual property right of Monster Energy or any third party.

Copyright Policy. None of the Intellectual Property on our Site may be downloaded, distributed, reproduced, republished, posted, transmitted or copied in any form or by any means, without the prior written permission of Monster Energy, which permission may be withheld in our sole and absolute discretion. Without limiting the foregoing, if you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please provide us with the following information: a description of the copyrighted work that you claim has been infringed and where the material that you claim is infringing is located on the Site; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a signed statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Monster Energy's Copyright Agent for notice of claims of copyright infringement can be reached as follows: Monster Energy, Attn: Legal Department, 1 Monster Way Corona, California 92879.

Accuracy of Information. While we use reasonable efforts to include accurate and up to date information in the Site, we make no, and disclaim all, warranties, conditions or representations as to the accuracy, correctness, reliability or otherwise with respect to such information, and assume no liability or responsibility for any omissions or errors (including, without limitation, typographical errors and technical errors) in the information contained on the Site.

CAT Portal. You must have reached the age of majority in your jurisdiction of residence and obtain a user name and password for participation in the Community. Each user has a unique user account on the Site and on our internal network. Your user account allows you to view the information that you are authorized to access. Therefore, it is important that you protect your user account and password. You understand and agree that you are responsible for maintaining the confidentiality of your password and other account information.

Our Rights To Your Content. Any Content (as defined in the next sentence) or material you transmit, submit, upload, publish, display or post (hereinafter, “post”) to the Site (including through the use of social media aggregators) will be treated as non-confidential and non-proprietary by Monster Energy. You are solely responsible for any content, discussions, chats, postings, transmissions, news, messages, photos, videos, comments, blogs or profiles (collectively, "Content") that you post to the Site and on your social media accounts, which the Site may aggregate, which could be viewable by other visitors or users of the Site. By posting Content on the Site or your social media accounts and using a hashtag or user tag in the post identifying Monster Energy, you automatically grant, as well as represent and warrant that you have the right to grant, to Monster Energy, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, distribute, publish, and/or broadcast, in whole or in part, in any medium and in any manner on this Site or otherwise such information and Content and that Monster Energy has the right to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You understand and agree that Monster Energy may review and delete any Content that in the sole judgment of Monster Energy violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of Monster Energy or any user of the Site.

Posting On The Site. You represent and warrant that: (i) you own any Content posted by you on the Site or otherwise submitted to us in connection with the Site, and have the right to grant the applicable license set forth herein, and (ii) posting and publishing any such Content on or in connection with the Site does not violate any third-party intellectual property, publicity, privacy or contract rights. You shall not submit any Content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability, or violates any law or obligation of confidentiality. We may screen or monitor submitted Content for legal or other purposes, though we have no obligation to do so. We assume no and disclaim all responsibility or liability arising from the Content or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy of any such information. Do not post personally identifiable information in areas other than within your profile. We reserve the right, in our sole discretion, to reject, refuse to post or remove any profile or posting (including email) by you, or to restrict, suspend, or terminate your access to all or any part of the Site at any time, for any or no reason, with or without prior notice, and without liability. Your participation in any offline Monster Energy event is at your sole risk.

Rules of Conduct. In connection with the Site, you must not:

·         Post, transmit or otherwise make available through or in connection with the Site any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.

·         Use the Site for any purpose that is fraudulent or otherwise tortious or unlawful.

·         Send commercial electronic messages or spam.

·         Harvest or collect information about users of the Site (including electronic addresses).

·         Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available, including by hacking or defacing any portion of the Site; or violate any requirement, procedure or policy of such servers or networks.

·         Restrict or inhibit any other person from using the Site.

·         Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Site except as expressly authorized herein, without our express prior written consent.

·         Reverse engineer, decompile or disassemble any portion of the Site, except where such restriction is expressly prohibited by applicable law.

·         Remove any copyright, trademark or other proprietary rights notice from the Site.

·         Frame or mirror any portion of the Site, or otherwise incorporate any portion of the Site into any product or service, without our express prior written consent.

·         Systematically download and store Site Content.

·         Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather Site Content, or reproduce or circumvent the navigational structure or presentation of the Site, without our express prior written consent. Notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in the Site’s root directory, we grant to the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. We reserve the right to revoke such permission either generally or in specific cases, at any time and without notice.

You will not use our Site for any purposes that is unlawful or prohibited by the terms of this Agreement. You are responsible for obtaining, maintaining and paying for all hardware and all telecommunications and other services needed to use the Site.

Privacy. You hereby acknowledge and agree that you have no expectation of privacy with regard to any Content and that any Content you post on or to the Site, or that is aggregated through the Site, could be viewable by visitors, other users of the Site, and the public. We cannot guarantee security of information on the Site and all use thereof is at your own risk and without recourse against us. We will not be responsible for the accuracy of any Content contained on our Site. Please choose carefully the information and Content you post on the Site, your social media channels where the post includes a hashtag or user tag identifying Monster Energy, or that you otherwise provide to others. Your Monster Energy profile may include personally identifiable items, including last names, email addresses, telephone numbers, and street addresses.

Any and all information that we obtain from you, or from transactions processed through the Site, including names, addresses, telephone numbers, e-mail addresses, phone number, date of birth, social media channel user names, college or university information and any other information concerning use, transactions, and traffic through the Site may be collected, used and disclosed by us as provided in our Privacy Policy  . You confirm that you have read and agree to the terms of our Privacy Policy  , the terms of which are incorporated herein. We make no and disclaim all representations or warranties with regard to the sufficiency of the security measures used for data handling and storage. We will not be responsible for any actual, consequential special or incidental damages that result from a lapse in compliance with our Privacy Policy

International Users. If you use the Site from outside of Canada, your connection will be through and to servers located in Canada, your orders placed through the Site will be fully processed in and shipped from Canada and all information you provide will be processed and maintained in our web servers and internal systems located within Canada. By using the Site, you understand that personal information will be transferred to and stored in Canada.

Remedies. We may restrict, suspend, or terminate your access to all or any part of the Site or terminate your membership with the Community, with or without notice for any reason, including if we, in our sole discretion, believe you to have violated or acted inconsistently with the letter or spirit of this Agreement. Termination shall be without prejudice to any other right or remedy to which we or our affiliates may be entitled under this Agreement or at law.

Disclaimer. SUBJECT TO APPLICABLE LAW (WHICH MAY INCLUDE THE PROVINCE OF QUEBEC), THE SITE AND ALL CONTENT, MATERIALS AND PRODUCTS CONTAINED IN THE SITE, ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND. ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR ARISING OUT OF COURSE OF CONDUCT OR TRADE CUSTOM OR USAGE. IN ADDITION, MONSTER ENERGY DISCLAIMS (A) ANY ENDORSEMENT OF OR LIABILITY FOR CONTENT AND HYPERLINKS; (B) INACCURACY, INCOMPLETENESS OR TIMELINESS OF THE SITE; (C) THE TRANSMISSION OF VIRUSES OR THE OCCURRENCE OF DATA CORRUPTION; AND (D) DAMAGES AS A RESULT OF THE TRANSMISSION, USE OR INABILITY TO USE THE SITE OR CIRCUMSTANCES OVER WHICH THE ORGANIZATION HAS NO CONTROL. YOU UNDERSTAND AND AGREE THAT THE OPERATION OF THE SITE MAY INVOLVE BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. MONSTER ENERGY SHALL HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF THE SITE OR USE OF ANY INFORMATION ACCESSED THROUGH THE SITE OR PRODUCTS PURCHASED THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MONSTER ENERGY THROUGH THE SITE SHALL CREATE ANY WARRANTY, CONDITION, REPRESENTATION OR GUARANTEE OF ANY KIND.

MONSTER ENERGY IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY INFORMATION POSTED BY ANY THIRD PARTY ON THE SITE, INCLUDING BUT NOT LIMITED TO INFORMATION APPEARING ON ANY COMMUNITY PAGES AND/OR AGGREGATION PAGES, ANY LINKED SITES OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES.

Limitation of Liability. SUBJECT TO APPLICABLE LAW (WHICH MAY INCLUDE THE PROVINCE OF QUEBEC), MONSTER ENERGY SHALL NOT BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER FORESEEABLE OR NOT, THAT ARE IN ANY WAY RELATED TO THIS AGREEMENT, ANY VIRUSES AFFECTING THIS SITE, THE USE OR INABILITY TO USE THIS SITE, INCLUDING THE COMMUNITY, THE RESULTS GENERATED FROM THE USE OF THIS SITE, INCLUDING THE COMMUNITY, LOSS OF GOODWILL OR PROFITS, LOST BUSINESS, HOWEVER CHARACTERIZED, AND/OR FROM ANY OTHER CAUSE WHATSOEVER. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MONSTER ENERGY'S AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT YOU PAID UNDER THIS AGREEMENT, IF ANY, TO MONSTER ENERGY IN THE SIX (6) MONTHS PRIOR TO THE EVENTS GIVING RISE TO YOUR CLAIM.

Applicable law may not allow for limitations on certain implied warranties, or exclusions or limitations of certain damages. Solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have additional rights.

Indemnity. Except to the extent prohibited by applicable law (which may include the Province of Quebec), You will indemnify and hold us, our subsidiaries, parents, affiliates, officers, directors, shareholders, legal representatives, agents, and other partners and employees, harmless from loss, liability, costs, damages or expenses from any and all claims, actions and suits, whether groundless or otherwise, and from and against any and all claims, liabilities, judgments, losses, damages, costs, charges, attorney's fees, and other expenses of every nature and character by reason of (i) your use of the Site; (ii) your breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement; (iii) your participation in any offline Monster Energy event; and (iv) any acts or omissions by you or on your behalf with respect to any Content posted on or aggregated to the Site by you and/or any third party (including but not limited to on the Community pages).

Unsolicited Materials and Ideas. While we love to hear from our fans, it is the policy of Monster Energy not to accept unsolicited submissions of ideas or other creative material. This is to avoid any misunderstandings if Monster Energy’s products or marketing that we develop independently seem similar to ideas submitted to us. We must therefore request that you do not send to us any original creative materials such as ideas for new or improved products, advertising campaigns, or product names, etc. Any communication or material you do transmit to the Site by electronic mail or otherwise will be treated as non-confidential and non-proprietary. Anything you transmit or post may be used by Monster Energy or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, Monster Energy is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including, but not limited to, developing, and marketing products using such information.

Miscellaneous. Except to the extent prohibited by applicable law (which may include the Province of Quebec), this Agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. Subject to the arbitration provision below, any legal actions related to this Agreement and/or the Site, or your use thereof, shall be brought and conducted in Orange County, California, and each user hereby consents to such jurisdiction and authorizes and accepts service of process sufficient for personal jurisdiction in any action against him as contemplated by this section. Except to the extent prohibited by applicable law (which may include the Province of Quebec), any dispute, controversy or claim arising out of or relating to this Agreement or the breach or termination hereof shall be settled by binding arbitration conducted by JAMS/Endispute ("JAMS") in accordance with JAMS Comprehensive Arbitration Rules and Procedures (the "Rules"). The arbitration shall be heard by one arbitrator to be selected in accordance with the Rules, in Orange County, California. Judgment upon any award rendered may be entered in any court having jurisdiction thereof. Within seven (7) calendar days after appointment, the arbitrator shall set the hearing date, which shall be within ninety (90) calendar days after the filing date of the demand for arbitration unless a later date is required for good cause shown and shall order a mutual exchange of what he/she determines to be relevant documents and the dates thereafter for the taking of up to a maximum of five (5) depositions by each party to last no more than two (2) business days in aggregate for each party. All parties waive the right, if any, to obtain any award for exemplary or punitive damages or any other amount for the purpose or imposing a penalty from the other in any arbitration or judicial proceeding or other adjudication arising out of or with respect to this Agreement, or any breach hereof, including any claim that said Agreement, or any part hereof, is invalid, illegal or otherwise voidable or void. In addition to all other relief, the arbitrator shall have the power to award reasonable attorneys' fees to the prevailing party. The arbitrator shall make his or her award no later than seven (7) calendar days after the close of evidence or the submission of final briefs, whichever occurs later.

If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor the right to enforce such provision. This Agreement does not, and shall not be construed to create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and us.  You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. This Agreement, including any terms and conditions incorporated herein, is the entire agreement between you and us relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and us relating to such subject matter. Notices to you (including notices of changes to this Agreement) may be made via posting to the Site or by e-mail (including in each case via links), or by regular mail.

If you have any questions regarding this Agreement, please contact us:

Monster Energy Company

Attn: Consumer Relations

1 Monster Way

Corona, CA 92879

Tel: 866-322-4466

Fax: 951-739-6210

Last Updated: [2023-03-06]