Empire Terms & Conditions


CONCIERGE MEMBER AGREEMENT

I. Empire Cannabis Clubs: Empire Cannabis Clubs (hereinafter “Empire” or “Club”) is a non-charitable, not-for-profit private membership club established to assist members in acquiring cannabis at cost, without compensation.

II. Marihuana Regulation and Taxation Act (MRTA): New York State has recently implemented legislation allowing for the possession and use of cannabis for all people twenty-one (21) years or older. Pursuant to the MRTA, non-compensatory transfers of up to three (3) ounces of cannabis are lawful. The MRTA also contains a “safe harbor” provision that, among other things, allows for the use of “property” to facilitate such transfers among individuals who are at least twenty-one (21) years old.

III. Defined Services: Empire Cannabis Clubs is a private club that provides a marketplace for members to transfer cannabis and cannabis products among themselves. Members must be at least 21 years of age and submit to a 100% identification check. All applicable taxes are collected by the Club and paid over to New York State and local governments.

IV. Empire Cannabis Clubs Does Not Sell Cannabis Products: Empire Cannabis Clubs does not engage in direct retail sales or indirect retail sales of cannabis as these terms are defined under New York law. Cannabis products are not given to Club members, and no cannabis, cannabis product, cannabinoid hemp, or hemp extract product accompanies the transfer of any tangible or intangible property or the provision of any service, including or a benefit of a membership to a club, association, or other organization.1

V. Illicit Cannabis: Empire Cannabis Clubs does not possess or transfer “Illicit Cannabis.”2

VI. Membership Agreement: All Club members understand that Empire Cannabis Clubs will not receive financial compensation for acquiring any cannabis product distributed between or among our members. Empire Cannabis Clubs was established to help club members safely obtain cannabis for a reasonable price and lawfully transfer that cannabis to one another. The Club and its employees function as intermediaries and will only possess and transfer cannabis as allowed under New York State Law. The Club will perform no services other than those expressly agreed upon in this agreement.

VII. Membership Fee: You agree to a membership fee required to keep your status as a Club member; the assignment to the Club of the right to acquire cannabis products; the assignment to the Club of the right to negotiate a fair market price for cannabis products; and the assignment to the Club to calculate the cost of all services and determine the cost of each item procured.3

MEMBER WAIVER OF LIABILITY  

Acknowledgment of Risk, Release, and Waiver of Liability: 

You expressly, willingly, and voluntarily assume all risks of any kind involved with my use of any vapor products, cannabis flower, or any other substance containing the chemical acquired by Empire Cannabis Clubs staff for you. You further understand that by using a CBD Additive (Cannabidiol Oil), you accept full responsibility for any damages or harmful results that may occur because of said product. You further acknowledge that all products created, manufactured, or distributed by Empire Cannabis Clubs are offered on the condition that you accept full responsibility for any ill effects the product may cause. 

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1 See N.Y. Cannabis Law § 3 (46): ‘Retail sale’ means to solicit or receive an order for, to keep or expose for sale, and to keep with intent to sell, made by any licensed person, whether principal, proprietor, agent, or employee, of any cannabis, cannabis product, cannabinoid hemp or hemp extract product to a cannabis consumer for any purpose other than resale. 46-a. ‘Indirect retail sale’ means to give any cannabis, cannabis product, cannabinoid hemp, hemp extract product, or any product marketed or labeled as such by any person engaging in a commercial business venture or otherwise providing or offering goods or services to the general public for remuneration for such goods and/or services, where any such cannabis, cannabis product, cannabinoid hemp or hemp extract product, or any product marketed or labeled as such, accompanies (a) the sale of any tangible or intangible property; or (b) the provision of any service, including but not limited to entry to a venue or event, or a benefit of a membership to a club, association, or other organization.”
2 See N.Y. Tax Law § 492(g): “‘Illicit cannabis’ shall not include any cannabis lawfully possessed in accordance with the cannabis law or penal law” (emphasis added).


**Affiliate Program Terms of Service**

This is for the Empire Affiliate program at https://shop.empirecannabisclubs.com/affiliates/

**1. Age Requirement**

To participate in the Empire Cannabis Clubs Affiliate Program, you must be at least 21 years of age.

**2. Program Benefits**

In our Affiliate Program, there are no commissions involved. Instead, you will receive discounts for referring friends, family, and others to our products and services.

**3. Introduction**

Welcome to the Empire Cannabis Clubs Affiliate Program (the “Program”). By participating in this Program, you agree to comply with and be bound by these Terms of Service. Please read them carefully.

**4. Eligibility**

To be eligible to participate in the Program, you must agree to these Terms of Service.

**5. Registration**

To become an affiliate, you must complete the registration process and provide accurate and up-to-date information.

**6. Payment**

We will make payments to you based on the discounts specified in your affiliate agreement.

**7. Marketing Guidelines**

You must promote our products and services in a lawful and ethical manner. You are responsible for ensuring that your marketing activities comply with applicable laws and regulations.

**8. Prohibited Activities**

You are prohibited from engaging in any fraudulent, misleading, or spammy activities to promote our products. Any violations of this policy will result in immediate termination from the Program.

**9. Termination**

We reserve the right to terminate your affiliate account at any time for any reason. You may also terminate your participation in the Program at any time by notifying us.

**10. Changes to Terms**

We may update these Terms of Service from time to time. You will be notified of any changes, and your continued participation in the Program will constitute your acceptance of the updated terms.

**11. Governing Law**

These Terms of Service are governed by the laws of New York City, NY in the United States, and any disputes will be resolved in accordance with those laws.

**12. Contact Us**

If you have any questions or concerns about these Terms of Service or the Program, please contact us.

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