Roth Insider Program Terms & Conditions
- By participating voluntarily as a Roth Insider, the Insider shall have the opportunity of testing, evaluating and providing feedback regarding our products.
- Products and product details may not be disclosed with third parties nor made accessible or sold to third parties in any other way.
- Do not take photographs or video of the products unless explicitly instructed by Roth Cheese personnel, and do not share photos, videos, descriptions on any websites, social media, blogs, similar or any other channels of communication.
- Roth Insiders must make themselves available for video focus groups at the request of Roth Cheese. All video focus groups will be recorded.
- All Roth Insiders must respect this inclusive space. In all research groups, Insiders agree to be honest and respectful of others’ thoughts, opinions, backgrounds, and experiences.
- Violating any of these items will disqualify you from participating as a Roth Insider in the future.
- The Roth Insider not be entitled to any fee, remuneration, or compensation by Roth Cheese for the Insider’s participation.
- To participate as a Roth Insider, the Insider must accept the Roth Insider Agreement. Roth Cheese may use the Insider’s personal information to send the Insider updates and communications, and about products and services or other promotional communications, such as newsletters, emails, phone calls, text messages/SMS/MMS or special offers or share the Insider’s information with Roth Cheese’s marketing advisors so they can send promotional offers to the Insider.
Roth Insider Program Agreement
- Purpose:
- By accepting this Roth Insider Agreement (the “Agreement”), the undersigned Insider (the “Insider”), agrees to participate as a voluntary member of the Roth Insider Program (the “program”) arranged by Roth Cheese and related activities and continuation thereof.
- The selection of the Insider to participate in the program, offers the Insider the possibility of testing, evaluating and providing feedback regarding certain Roth products. In return, the Insider will provide feedback, reviews and participate in focus groups at the request of Roth Cheese.
- Confidentiality:
- In the course of the program and related activities, the Insider may have access to information that is confidential and proprietary to Roth Cheese and/or to Roth Cheeses’ affiliates, partners, suppliers, customers or other Insiders in the program (collectively, the “Insider Group”) including but not limited to the products, ingredients, marketing plans, tests, data and evaluations (collectively, “Confidential Information”). The Insider is obliged to keep confidential all Confidential Information, not to disclose such Confidential Information to any person different than Roth Cheese, and to use such Confidential Information only as expressly permitted by Roth Cheese in writing.
- The following shall not be considered as Confidential Information for the purposes of this Agreement: (i) information that is generally known to the public through no fault of the Insider, or (ii) information which the Insider can demonstrate was in the Insider’s possession before Insider received such information from Roth Cheese or otherwise had access to it. Insider agrees that Roth Cheese retains sole rights in all Confidential Information, and no rights are granted to the Insider by virtue of the Insider’s participation in the program.
- Protection of Products:
- If the Insider is given any products in connection with the program (“Products”), the Insider hereby acknowledges and accepts that the Products shall remain, at all times, the sole property of Roth Cheese. Furthermore, the Insider agrees to (i) make all efforts and take all necessary precautions to prevent access to, or inspection of those items by third parties, through any and all communication channels, including social media, and especially, (ii) not to sell or otherwise distribute them.
- The Insider understands that the Insider must provide detailed information about those Products and/or research information when requested by Roth Cheese.
- Irreparable injury:
- The Insider acknowledges that a breach of Sections 2 (Confidential Information) and 3 (Protection of Products) of this Agreement shall cause irreparable injury to Roth Cheese, the amount of which will be impossible to estimate or determine and which cannot be adequately compensated. Therefore, the Insider agrees that should the Insider breach the aforementioned Sections, Roth Cheese shall be is entitled, in addition to all other rights and remedies available under applicable law, to an injunction from any court of competent jurisdiction, enjoining any violation or threatened violation of those Sections in this Agreement.
- No remuneration:
- The Insider acknowledges and accepts that the Insider shall not be entitled to any fee, remuneration or compensation by Roth Cheese for participation in the program and/or for entering into this Agreement.
- Any costs and/or expenses incurred by the Insider in connection with the Insider’s participation in the program and/or in any activity related to this Agreement shall be borne exclusively by the Insider.
- The Insider acknowledges and accepts that this Agreement, and Insider’s participation in the program in no way creates or establishes an employee/employer relationship, joint venture or any other commercial partnership or relation of any kind.
- Competitor Relationships:
- The Insider declares that the Insider does not have, and will not have at any time during the Insider’s engagement with Roth Cheese under this Agreement, any material relationship with any Roth Cheese competitor.
- If the Insider should develop any such relationship during the Insider’s engagement with Roth Cheese, the Insider agrees to promptly notify Roth Cheese in writing as to the nature of such relationship to the contact address indicated in Section 11 herein.
- For purposes of this Agreement, (i) “Roth Cheese competitor” means any person, entity or organization that develops, manufactures, distributes, markets, licenses or sells products that are similar to Roth Cheeses’ products, and (ii) “material relationship” means any relationship that a reasonable person would believe potentially harmful to Roth Cheese or that may present any threat or potential threat to Roth Cheese, including, for example, any Roth Cheese competitor’s engaging or employing of the Insider or any of the Insider’s family members or friends.
- Release of Liability and Waiver:
- The Insider understands that the Insider may be testing trial products. Consequently, the Insider acknowledges that the program may involve inherent risk, and the Insider assumes all responsibility for and agrees to release, defend and hold Roth Cheese and its officers, directors, employees, shareholders, agents, and all their respective successors and assigns harmless from all liabilities, costs, expenses and damages relating to all such risks.
- The Insider also agrees to release, defend and hold Roth Cheese harmless from all liabilities, costs, expenses and damages relating to (i) the Insider’s breach of any terms of this Agreement or any other written agreement between Roth Cheese and the Insider and (ii) the impact of the Insider signing this Agreement and participating in the program.
- The Insider also agrees to never institute any claim, suit or action against Roth Cheese, Emmi Roth or Emmi Group, in any court or, related to or arising out of the Insider’s participation in the program.
- Feedback:
- The Insider undertakes that the Insider shall faithfully follow any instructions given to the Insider by Roth Cheese in the course of the program.
- In addition, during the program, the Insider may provide comments, suggestions, materials or ideas (collectively, “Feedback”) to Roth Cheese or its representatives. The Feedback will be a true reflection of the Insider’s beliefs, findings and opinions. The Insider hereby irrevocably grants, assigns and transfers to Roth Cheese all of the Insider’s right, title and interest in and to the Feedback.
- Roth Cheese shall have the sole and exclusive right throughout the world and in perpetuity to use and exploit the Feedback, in any format or version, by any means and in any media. The Insider warrants that the Insider’s Feedback is not subject to any confidentiality, nondisclosure or use restriction that might prevent Roth Cheese from using the Feedback. The Insider acknowledges that Roth Cheese is under no obligation to use the Feedback.
- Termination:
- The Insider acknowledges that Roth Cheese may remove the Insider from the program at any time and for any reason. The Insider acknowledges that the Insider may terminate this Agreement by providing written notice to such effect to the Roth Cheese contact indicated in Section 12 herein. The rights and obligations in this Agreement shall survive the end of the program and the termination of this Agreement.
- Miscellaneous:
- This document constitutes the entire agreement between the parties with respect to the matters addressed herein, and it may not be changed without Roth Cheese’s written consent. If any portion of this Agreement is held to be unenforceable, that portion will be ineffective only to the extent it is unenforceable, and all the other provisions shall be given full force and effect.
- Roth Cheese contact:
- For all purposes of this Agreement, Roth Cheese establishes the following email address as the relevant contact for any communications and notices: rothcheesemail@emmiroth.com
Privacy Policy:
- By accepting this Agreement, the Insider acknowledges and accepts, having made an informed decision, to the following terms and conditions regarding Roth Cheese’s Privacy Policy (the “Privacy Policy””).
- Manager of the Insider’s personal information: Roth Cheese, a company of Emmi Roth and Emmi Group, is the manager of the Insider’s personal information provided as per this Agreement, and is responsible for the Insider’s personal data under applicable data protection law.
- Personal information that Roth Cheese shall collect about the Insider: In order to participate as an Insider in the program, the Insider will be required to share certain personal information with Roth Cheese, as indicated on the application form. Roth Cheese may collect personal information, that the Insider voluntarily provides to Roth Cheese, during the course of the Insider’s involvement in the program:
- Use Roth Cheese shall give to the personal information collected: Roth Cheese may use the Insider’s personal information for the following purposes:
- To manage the Insider’s access and participation in the program, verify the Insider’s identity, provide Roth Cheese’s products to the Insider, receiving and processing the Insider’s Feedback;
- To conduct research about Roth Cheese’s products;
- To understand and respond to the Insider’s questions or comments;
- To send the Insider updates and communications about the program, and about products or other promotional communications, such as newsletters, emails, phone calls, text messages/SMS/MMS or special offers or share the Insider’s information with Roth Cheese’s marketing advisors so they can send promotional offers to the Insider. Please note that if the Insider wishes to opt-out of receiving promotional emails, phone calls, text messages/SMS/MMS, or communications from Roth Cheese, the Insider must follow the instructions set out in the subsection “Opt-out Policy”, set forth below;
- Roth Cheese may, and the Insider hereby grants Roth Insider’s consent to do so by accepting the terms of this Agreement, access and disclose the Insider’s information, any communications sent or received by the Insider, and any other information that Roth Cheese may have about the Insider as may be permitted or required by law (including, but not limited to, court order or subpoena), or to prevent or investigate suspected fraud, violations of this Agreement, or any activity that appears to Roth Cheese to be illegal or which may expose Roth Cheese to legal liability. Additionally, Roth Cheese may disclose the Insider’s information in situations in which Roth Cheese understands that potential threats to the physical safety of any person or property may be involved. Also, Roth Cheese may share the Insider’s personal information with affiliated businesses.
- Additionally, Roth Cheese may hire other companies to perform certain business-related functions such as: mailing information, maintaining databases, online payment processors, and hosting services. When Roth Cheese hires a service provider to perform this kind of functions, Roth Cheese provides such service provider with the information that it needs to perform its specific function, which may include the Insider’s personal information and other information made available by the Insider. These service providers are authorized to use the Insider’s personal information only as necessary to provide these services to Roth Cheese.
- Roth Cheese’s Opt-out Policy: To stop receiving newsletters or marketing communications from Roth Cheese or to opt out of having the Insider’s email address shared with third parties, the Insider shall: (i) click the unsubscribe link in the footer of any such email, (ii) email Roth Cheese at rothcheesemail@emmiroth.com.
- Amending or updating personal information: The Insider may request to access, correct, update or delete the Insider’s personal information, by sending an email to rothcheesemail@emmiroth.com with the necessary information for Roth Cheese to process the Insider’s request. Roth Cheese will respond to the Insider’s request as soon as possible.
- Security and Retention: Roth Cheese takes reasonable steps to help protect personal information from any loss or improper use. However, no internet or e-mail transmission is completely secure. Therefore, e-mails sent to or from any website may not be safe, and therefore, the Insider should be extremely careful when deciding what information to send to Roth Cheese via e-mail or through internet. Roth Cheese will not be liable for any security issue the user may suffer due to the use of our Site.
- This Privacy Policy is strictly limited to this Agreement and Insider’s participation in the program, and has no effect on any other privacy policy(ies) that may govern the relationship between the Insider and Roth Cheese in other contexts.
The Insider declares that the Insider has read this Agreement, understands its legal effects and understands that it is binding upon the Insiders’ personal representatives and successors-in-interest. The Insider voluntarily enters into this Agreement.