2024 March First Drive Incentive

CLOUD TECHNOLOGIES, INC. 

2024 MARCH FIRST DRIVE INCENTIVE

These March First Drive Incentive Terms and Conditions (the “Agreement”), are between you (“you” or “Driver”) and Cloud Technologies, Inc. (“CloudTrucks” or “Company”). You and CloudTrucks may be referred to herein collectively as the “Parties” or individually as a “Party”. The Agreement sets forth your rights and responsibilities in participating in the March First Drive Incentive. This Agreement, along with Customer Terms of Service, available at https://www.cloudtrucks.com/terms (the “Cloud Terms and Conditions”) form the entire agreement between you and us with respect to the March First Drive Incentive.

1. March First Drive Incentive Criteria.
   1. General. To become eligible (an “Eligible Driver”) to earn the March First Drive Incentive described below (“Payout”), you must satisfy the following criteria (the “Payout Criteria”):
      1. You receive an email from CloudTrucks inviting you to participate in the March First Drive Incentive (“Promotion Email”).
      2. You complete your first Virtual Carrier load under CloudTrucks’ Authority between March 1st, 2024, 12:00AM PST and March 31st, 2024, 11:59PM PST (“First Drive”). 
      3. You complete a minimum of 5 completed loads, inclusive of the First Drive,  between the First Drive and 30 days later (“First 30 Days”)
      4. You must remain in good standing with CloudTrucks upon the expiration of the First 30 Days including, but not limited to, not committing any Hours-of-Service violations between the First Drive and the First 30 Days.
   2. Incentive Payment. Only prospective Virtual Carrier Drivers selected by CloudTrucks are eligible for this incentive and CloudTrucks reserves the right to determine in its sole discretion if the Driver is eligible to receive the Payout. Upon completion of the First Drive and satisfying remaining Payout Criteria, except 1.1.3, CloudTrucks will deposit $200 into the Driver’s CT Cash balance within three (3) business days thereafter. Upon completion of the First 30 Days and satisfying remaining Payout Criteria, CloudTrucks will deposit $100 into the Driver’s CT Cash balance within three (3) business days thereafter. Drivers may earn a maximum of $300 from this incentive. The Incentive Payment shall be accessible by the Driver’s CT Cash debit card and governed by all applicable terms for CT Cash as outlined in the Cloud Terms and Conditions;

2. Term; Termination.
   1. Term. This Agreement will become effective upon receipt of the Promotion Email and shall last until December 31st, 2024 at 11:59PM PST.
   2. Suspension and Termination Rights. CloudTrucks reserves the right to suspend or terminate this Agreement and suspend, withhold or cancel any Incentive Payment earned by Driver if CloudTrucks discovers or suspects any abuse or misuse of the program or any violation of this Agreement,  the Cloud Terms and Conditions and any agreements the Driver may sign to drive under CloudTruck’s Authority including, but not limited to, the Lease Agreement, the Safety Agreement or the Trailer Use Agreement.
      
      
3. Disclaimer of Warranties. Except As Expressly Provided In This Agreement, Cloudtrucks Makes No Representations Or Warranties Of Any Kind, Express Or Implied, Oral Or Written, And Hereby Disclaims Any And All Such Warranties, Including But Not Limited To The Implied Warranties Of Merchantability, Noninfringement, And Fitness For A Particular Purpose, Whether Alleged To Arise By Law, By Usage In The Trade, By Course Of Dealing Or Performance, Or Otherwise.
   
   
4. Limitation Of Liability. In No Event Will Cloudtrucks Or Its Respective Officers, Employees, Agents, And Related Entities Be Liable For: (A) Consequential, Indirect, Incidental, Special, Exemplary, Punitive, Or Enhanced Damages, Lost Profits Or Revenues Or Diminution In Value, Arising Out Of Or Relating To This Agreement; Or (B) Any Liability, In The Aggregate, Greater Than $100. The Foregoing Limitations Will Apply Regardless Of: (X) Whether The Damages Were Foreseeable; (Y) Whether Driver Was Advised Of The Possibility Of The Damages; And (Z) The Legal Or Equitable Theory (Whether Contract, Tort, Or Otherwise) On Which The Claim Is Based, And Notwithstanding The Failure Of Any Agreed Or Other Remedy Of Its Essential Purpose.
   
   
5. Independent Contractors. Nothing in this Agreement creates any agency, joint venture, partnership, or other form of joint enterprise, employment, or fiduciary relationship between the Parties or an employee/employer relationship. Neither Party has any express or implied right or authority to assume or create any obligations on behalf of or in the name of the other Party or to bind the other Party to any contract, agreement, or undertaking with any customer or other third party.
   
   
6. Miscellaneous.
   1. Entire Agreement. This Agreement constitutes the sole and entire agreement of the Parties with respect to the subject matter contained herein and therein, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter. To the extent of any conflict or inconsistency between the provisions of this Agreement and any other documents or pages referenced in this Agreement, the following order of precedence will apply: (1) the terms of this Agreement; (2) the terms of the Lease Agreement between you and CloudTrucks; (3) the terms of any applicable Order Form (as defined in the Cloud Terms and Conditions); (4) the Cloud Terms and Conditions; and (5) any other documents or pages referenced in this Agreement.
   2. No Public Announcements or Trademark Use. Unless expressly permitted under this Agreement, Driver may not: (a) make any statement (whether oral or in writing) in any press release, external advertising, marketing, or promotion materials regarding CloudTrucks or its business unless it has received the express written consent of CloudTrucks; or (b) use CloudTrucks ’s trademarks, service marks, trade names, logos, symbols, or brand names, in each case, without the prior written consent of CloudTrucks.