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| MEMBER AGREEMENT |
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| Overview |
MoreRebates.com ("MoreRebates", "Site", "we", "our", or "us") provides a free service to its members ("Members", "you" or "your") that allows Members to receive cash refunds from purchases of goods and services made at affiliated stores ("Affiliated Merchants") when those purchases are made through the MoreRebates Refund Service ("Service"). Affiliated Merchants have agreed to pay MoreRebates certain affiliate or referral fees ("Commission") when Members purchase goods or services from Affiliated Merchants through MoreRebates. Once MoreRebates has received a Commission from an Affiliated Merchant for a purchase made by a Member, MoreRebates will deposit all or a portion of that Commission (the amount for each Affiliated Merchant varies and is specified on the Site and is subject to change from time to time) you are eligible for pursuant to this Member Agreement ("Rebate") into your account.
We suggest that you read and understand the following Member Agreement since it contains details about the relationship between MoreRebates and Members relating to the Service. In order to become a Member, you have to accept the terms of the Member Agreement, and by providing MoreRebates with your valid email address and a password to open and access your account, you acknowledge that you have read and understood the Member Agreement and that you agree to be bound by all of its terms. If you do not agree to all of the terms of this Member Agreement, then please do not enroll in the Service. MoreRebates reserves the right, at our discretion, to change, modify, add, or remove portions of this Member Agreement at any time without notice. Please check these terms periodically for changes. This Member Agreement will denote a date that it was last updated. Your continued use of MoreRebates following the posting of changes to the Member Agreement shall mean that you accept all such changes.
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| Enrollment |
| 1. |
Information Required. In order to be eligible for a Rebate for purchases made through MoreRebates from Affiliated Merchants, you must first create an account by providing your email address and password. However, in order for MoreRebates to deposit any Rebate, you will be required to provide more personal information including, but not limited to: your full legal name, home address and/or mailing address (including state and zip code), and country of residence. Please review our privacy policy at to see how we respect your personally identifiable information. It is your responsibility to keep your account information current in order to facilitate the payment of your Rebate. In the event that your information is not current at the time of payment of any Rebate, you forfeit any accrued Rebate to MoreRebates. Furthermore, MoreRebates is not responsible for any checks mailed to the wrong residence due to inaccurate information provided by you. |
| 2. |
Security. Each Member is responsible for his/her own password and we recommend that you keep it safe so that others cannot access your account. MoreRebates is not responsible for any credits or debits posted to your account by someone that has accessed your account without your permission. If you feel that someone has accessed your account then you should immediately change your password and notify us of such breach. You also acknowledge that MoreRebates will not contact you to solicit your email address or password. |
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| Member Obligations |
| 3. |
You represent that you are a person of legal age in the state in which you live (generally at least 18 to 21, depending on the state) and are a legal resident of the United States and its territories. You agree that it is your responsibility to keep your Member information current, complete and accurate by periodically updating your information in the appropriate section of the MoreRebates website. MoreRebates reserves the right to terminate any account for abusive or fraudulent activity, if the Member is no longer reachable at the e-mail address provided, or if MoreRebates feels it's necessary in its sole discretion. |
| 4. |
You may only maintain one account to accumulate financial benefits; any duplicate accounts will be subject to cancellation and deletion from our servers. Duplicate accounts may be identified by using any or all of the following means, including but not limited to: email address, mailing address, phone number, or name associated with the account. |
| 5. |
You must be logged into your MoreRebates account and access and transact with the Affiliated Merchant through our site. Any transactions that are not recorded by an Affiliated Merchant as originating at MoreRebates will not be credited to your account. |
| 6. |
No automated processes including scripts or machines may be used to accumulate any Rebate. Each Member must be human and must make and pay for a real transaction (without returning the order or obtaining a refund) with one of our Affiliated Merchants through our site to qualify for a Rebate. If MoreRebates feels that a Member is abusing the system in any way or engaging in activity that may be perceived as fraudulent, such Member's account with MoreRebates is subject to immediate cancellation. |
| 7. |
You will not permit any use of MoreRebates that would damage, interfere with or unreasonably overload our service or engage in any activity that is otherwise unlawful. |
| 8. |
The Service is only available via the MoreRebates website located at http://www.MoreRebates.com. You must have Internet access and an email address to be eligible to receive the privileges and benefits of membership. MoreRebates is not responsible for your inability to connect to the Internet, log into the MoreRebates website or access your MoreRebates account. |
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| Rebates & Reporting |
| 9. |
Affiliated Merchants have agreed to pay Commissions to MoreRebates when Members purchase goods or services from Affiliated Merchants through MoreRebates. Your account will be credited for each Rebate earned as a result of making a "Qualified Transaction" (see below for a definition) with an Affiliated Merchant through MoreRebates and the Affiliated Merchant records such transaction as originating from MoreRebates. |
| 10. |
The Rebate will be , with respect to any net purchase that is a Qualified Transaction made with any particular Affiliate Merchant on our site, that percentage or a portion of that percentage of Commission specified by the applicable Affiliate Merchant with respect to such net purchase that is a Qualified Transaction. The net purchase is defined as the total amount paid to the Affiliated Merchant minus tax, gift wrapping, shipping, promotional credits, returns, cancellations, and any additional fees or transaction fees or as the Affiliated Merchant defines on their respective website and as is enumerated in their respective Affiliate Membership and/or Operating Agreement document, whichever is less. All Affiliated Merchant Membership and/or Operating Agreements as they relate to their affiliate or partner programs with MoreRebates and which reside on the Affiliated Merchant's respective websites are hereby incorporated into this Member Agreement by reference. |
| 11. |
The Commission from a given Affiliated Merchant is the amount posted on the MoreRebates website at the time the Qualified Transaction was made. This amount may change from time to time, but no change will affect any Rebate earned prior to such change. |
| 12. |
A "Qualified Transaction" is defined as occurring only if all of the following criteria are satisfied: (1) "Cookies", both first and third party (if applicable), must be enabled on your web browser; (2) all potential Qualified Transactions must begin by clicking on the Affiliated Merchant's link that appears on the MoreRebates website and being successfully connected to the Affiliated Merchant's website based upon that click; (3) a purchase (which doesn't result in a return or a request for refund) is made by in compliance with this paragraph and this Member Agreement; and (4) MoreRebates may, at all times, route your request for a merchant site through specific links, in order to assure that the sale can be tracked correctly. Any alteration of these links will invalidate your sale, which will not be deemed a Qualified Transaction. All purchases must be started and completed in one shopping session within the MoreRebates shopping program. If you start a purchase, then complete it in a different session, you will be ineligible for any Rebate and it will not be considered a Qualified Transaction. |
| 13. |
Since MoreRebates is sharing a percentage of our Commission from the Affiliated Merchant in the form of a Rebate to you pursuant to this Member Agreement, any transaction that MoreRebates does not receive credit or payment for will not result in a Rebate that is paid or payable to Members (even though MoreRebates may have credited your account). |
| 14. |
The determination of whether or not a purchase made through a MoreRebates Affiliated Merchant is a "Qualified Transaction" is at the sole discretion of MoreRebates. |
| 15. |
Any Rebate awarded to Members are subject to adjustments for returns, cancellations, and other events. Such adjustments can be applied to Member accounts at any time by MoreRebates at its sole discretion. Should you disagree with any adjustments made to your account, your sole remedy is to withdraw from the program and terminate your membership. |
| 16. |
You may be taxed on your accrual of Rebate, depending on the amount of Rebate you accrue and the tax laws of federal, state, and local jurisdictions. MoreRebates may choose to provide you with those notices to you on occasion. In all instances, you will be solely responsible for any and all tax liability arising out of your accrual or redemption of any Rebate. |
| 17. |
Some purchases are not eligible for a Rebate. Examples include, without limitation, any transaction that is substantially completed by telephone, purchases that are picked up at a warehouse or a store location, or certain services or goods specified by Affiliated Merchants. For example, only purchases of airline tickets and hotel reservations made at Priceline.com qualify for a Rebate. Prescriptions from all merchants are not eligible as well, due to federal/state laws and regulations. Monthly Deliveries, such as Wine-of-the- month clubs and pet foods, are not eligible for a Rebate unless all months are paid for up front through More Rebates. Gift Certificates that are purchased with our Affiliated Merchants do not qualify for any Rebate unless specifically stated. |
| 18. |
It is your responsibility to check your account regularly to ensure that any Rebate has been properly credited and that your account balance is accurate. In most cases, transactions will be posted within 7 business days. However, some online stores wait up to 30 days to inform us that Members have made a purchase on their site, and so it could take up to 30 days before you see a transaction posted in your account. If you feel that a transaction has not been accurately posted or credited to your account, then it is your responsibility to contact MoreRebates Customer Care within 30 days of the transaction date but no more than 90 days after completing a Qualifying Transaction. We may require you to send us a copy of the electronic purchase receipt along with your inquiry so that we may investigate the issue. Necessary adjustments may be applied to Member accounts at any time by MoreRebates at its sole discretion. If you do not agree to adjustments made to your account, your only recourse will be to terminate your membership in the program. MoreRebates reserves the right to terminate any account for abusive or fraudulent activity, if the Member is no longer reachable at the e-mail address provided, or if MoreRebates feels it is necessary in its sole discretion. |
| 19. |
MoreRebates is not responsible for changes to, or discontinuance of, any Affiliated Merchant, or any Affiliated Merchant withdrawal from the Program, or for any effect on accrual of any Rebate caused by such changes, discontinuance, or withdrawal. MoreRebates is not responsible for changes to, or discontinuance of, any special offer or coupon code at an Affiliated Merchant site. It is the Member's responsibility to make sure that all specials are valid. If you choose to use coupons and specials that are not listed on the MoreRebates site, we cannot guarantee that you will be eligible to receive a MoreRebates refund on your purchases. |
| 20. |
In addition to any Rebate paid out by MoreRebates for any Qualified Transaction made by a Member logged into their account, MoreRebates also posts special coupon codes or promotional offers such as free shipping for the convenience of MoreRebates Members. MoreRebates is not responsible for expired coupons or outdated promotions. MoreRebates is also not liable to compensate a customer that forgets to enter the coupon code or is unaware that they must enter a coupon code during the checkout process in order to get the additional refund before making their purchase. MoreRebates is also not responsible nor liable for any products, services, offers or promotions offered by any Affiliated Merchants. |
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| Payment Schedule |
| 21. |
Payments will be made to Members based on or around the 10th of each month and mailed out in checks in U.S. dollars. In order for an accrued Rebate to be eligible for payment on the above dates, the Qualified Transaction must occur 45 days prior to the payment date. Note that orders from Dell Home Systems (Computers) and Dell Small Business may post to accounts immediately. However, due to the 45 day return policies of these merchants, any Rebate accrued by you will only be paid out 60 days after purchases are posted to members' accounts. Qualified Transactions from all other merchants which occur within the 45 day cutoff period will be paid on the payment date subsequent to the next payment date. |
| 22. |
It is your responsibility to keep your account information current in order to facilitate the payment of a Rebate. In the event that your information is not current at the time of payment, you forfeit any accrued Rebate to MoreRebates. |
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| Non-Transferability |
| 23. |
No Rebate that is earned or granted under the Service may be assigned or transferred to any third party except as expressly permitted by MoreRebates in writing. The sale or barter of any such Rebate earned by you, other than by MoreRebates, is expressly prohibited. Accrued Rebates do not constitute property, and are not transferable: (i) upon death; (ii) as part of a domestic relations matter; or (iii) otherwise by operation of law. Any Rebate earned by you that are assigned, sold, or otherwise transferred in violation of the rules may be confiscated or canceled. Any violator of the foregoing restriction is subject to account termination, deduction of refunds from his or her account, and/or liability for damages and litigation and transaction costs. |
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| Disclosure of Account Information |
| 24. |
You authorize MoreRebates to disclose to third parties information you have provided, or information that MoreRebates has obtained about your MoreRebates account or shopping behavior: (i) to agents of MoreRebates or its affiliates, such as independent auditors, consultants or attorneys; (ii) to comply with government agency or court orders or requests; (iii) in providing marketing services for an advertising or merchant partner, or (iv) where it is necessary for redemption or transfer of any Rebate. Further, you authorize MoreRebates to receive any account information from any Affiliate Merchant including, but not limited to: information regarding the purchase such as the products ordered, the order number, the time and date the Qualified Transaction occurred, the email address entered for the Qualified Transaction. You agree to hold us and the Affiliated Merchant harmless for any information disclosed to MoreRebates. |
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| Disclaimer |
| 25. |
THE MOREREBATES SERVICE IS BEING PROVIDED TO MEMBER "AS IS" WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MOREREBATES DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROGRAM, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. |
| 26. |
MOREREBATES DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE QUALITY OF, OR ACCURACY OF ADVERTISEMENTS FOR, ANY MERCHANDISE, PRODUCTS, OR SERVICES OFFERED OR PROVIDED BY AFFILIATED MERCHANTS OR SUPPLIERS IN CONJUNCTION WITH THE PROGRAM. IN ADDITION, ALTHOUGH MOREREBATES INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE MOREREBATES WEB SITE, MOREREBATES DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS THAT THIS SITE IS FREE OF DESTRUCTIVE MATERIALS. IN ADDITION, MOREREBATES DOES NOT WARRANT THAT ACCESS TO THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND MOREREBATES ASSUMES NO RESPONSIBILITY FOR ANY DAMAGE CAUSED BY YOUR ACCESS, OR INABILITY TO ACCESS THIS SITE, INCLUDING, BUT NOT LIMITED TO, YOUR INABILITY TO ACCRUE REFUNDS BY PURCHASING ITEMS WITH AN AFFILIATED MERCHANT. |
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| Limitation of Liability |
| 27. |
IN NO EVENT WILL ANY OTHER COMPANY WITH WHICH MOREREBATES HAS A CORPORATE PARTNERING RELATIONSHIP, INCLUDING WITHOUT LIMITATION, CO-BRANDING, CO- MARKETING, JOINT DEVELOPMENT, A MERCHANT RELATIONSHIP, OR A SUPPLIER RELATIONSHIP (EACH A "CORPORATE PARTICIPANT") BE LIABLE TO YOU FOR NON-PERFORMANCE OF MOREREBATES OBLIGATIONS. YOU AGREE NOT TO SUE ANY CORPORATE PARTICIPANT FOR NON-PERFORMANCE BY MOREREBATES. IN NO EVENT SHALL MOREREBATES BE LIABLE FOR ANY DAMAGES, CLAIMS OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH: (I) THE PROGRAM; (II) ANY FAILURE, DELAY, OR DECISION BY MOREREBATES IN ADMINISTERING THE PROGRAM; (III) THE USE OR INABILITY TO USE THIS WEB SITE; OR (IV) THE PURCHASE OR USE OF ANY MERCHANDISE, PRODUCTS, OR SERVICES OF MERCHANTS OR SUPPLIERS, EVEN IF MOREREBATES, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. |
| 28. |
MEMBER AGREES TO INDEMNIFY AND HOLD MOREREBATES, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEY'S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF MEMBER'S USE OF THE PROGRAM, THE VIOLATION OF THESE POLICIES BY MEMBER, OR THE INFRINGEMENT BY MEMBER, OR OTHER USER OF THE SERVICEUSING THE MEMBER'S ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY, OR AS A RESULT OF ANY THREATENING, LIBELOUS, OBSCENE, HARASSING OR OFFENSIVE MATERIAL CONTAINED IN ANY MEMBER COMMUNICATIONS. |
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| Termination or Changes to the Program |
| 29. |
MoreRebates reserves the right to terminate your membership at any time without notice or our program with notice. This means you will have sixty (60) days from the date notice of program termination is provided to Members to redeem any Rebate you've accrued in your account. Notification of program termination will be sent to the email address you provide to MoreRebates during the registration process. MoreRebates will not be responsible for failing to notify you of program termination where such failure is caused by any reason outside the control of MoreRebates, including an error in your email program, an inaccurate email address, your failure to check for your email online, or your failure to inform MoreRebates of a change in your email address. |
| 30. |
MoreRebates may modify this Member Agreement from time to time, with or without notice, and your continued participation in the program or membership after such modification shall be deemed to be your acceptance of any such modification. It is your responsibility to check the Member Agreement page of the MoreRebates website regularly to determine whether this Agreement has been modified. If you do not agree to any modification of this Agreement, you must immediately cease participation in the program and terminate your membership. |
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| Termination or Membership |
| 31. |
All questions or disputes regarding the program, including without limitation, questions or disputes regarding eligibility for membership, or the eligibility of any Refund for accrual or redemption, must be submitted in writing within 60 days of the Qualifying Transaction, to MoreRebates at: Customer Service, 103 E. Lemon Ave., Suite 200, Monrovia, CA 91016, or email us at customerservice@MoreRebates.com. Any such disputes shall be resolved by MoreRebates at its sole discretion. All interpretations of this Member Agreement shall be at the sole discretion of MoreRebates. In the event that an error is made by MoreRebates, your sole remedy shall be the credit of the disputed refund to your MoreRebates account. |
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| Disputes or Errors |
| 32. |
All questions or disputes regarding the program, including without limitation, questions or disputes regarding eligibility for membership, or the eligibility of any Refund for accrual or redemption, must be submitted in writing within 60 days of the Qualifying Transaction, to MoreRebates at: Customer Service, 103 E. Lemon Ave., Suite 200, Monrovia, CA 91016, or email us at customerservice@MoreRebates.com. Any such disputes shall be resolved by MoreRebates at its sole discretion. All interpretations of this Member Agreement shall be at the sole discretion of MoreRebates. In the event that an error is made by MoreRebates, your sole remedy shall be the credit of the disputed refund to your MoreRebates account. |
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| This agreement was last revised on: September 12, 2008 |
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