 |
| MEMBER AGREEMENT |
|
| Overview |
MoreRebates provides a free service to its members
("
Members") that allows them to receive cash refunds off 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
MoreRebates Web site and is subject to change from time to time) 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. Please check these
terms periodically for changes. Your continued use of
MoreRebates
following the posting of changes to the Member Agreement will mean that you
accept those
changes. |
|
| Enrollment |
| 1. |
Information
Required. In order
to be eligible for cash refunds for shopping
through MoreRebates at Affiliated Merchants, you must
first create an
account by providing your email address and password. However in order
for MoreRebates
to send your refund, you will be required to provide
further personal information including, but not
limited to, Full Name,
Home Address (including State and Zip Code), and Country of Residence.
Please
review our privacy policy at to see how we
respect your personal information. It
is your responsibility to keep your account information current
in
order to facilitate the payment of your refunds. In the event that your
information is not current
at the time of payment, you forfeit all
accrued refunds to MoreRebates. Furthermore, MoreRebates is
not responsible
for any checks mailed to the wrong residence due to inaccurate
information provided by
the customer. |
|
| 2. |
Security. Each customer
is
responsible for their 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 will 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. |
|
| 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 Web site. MoreRebates reserves the
right to terminate any
account for abusive or fraudulent activity, or
if the Member is no longer reachable at the e-mail
address
provided. |
|
| 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 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 at 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 refunds. The customer must be human and
must make and pay for a
real transaction (without returning the order or
obtaining a refund) at one of our Affiliated
Merchants to qualify for
a cash refund. If MoreRebates feels that the customer is abusing the
system
in any way or engaging in activity that may be perceived as
fraudulent, their 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
Web site 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
Web site or access your MoreRebates account. |
|
| Accrual of Refunds
& Reporting |
| 10. |
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 refund earned as a result of making a "Qualified
Transaction" (see below for a definition) at an Affiliated Merchant through
MoreRebates and the Affiliated Merchant recording this transaction as
originating
from MoreRebates. |
|
| 11. |
The refund amount will be the percentage
refund
for every net purchase (unless specifically stated otherwise)
that you make at any particular
Affiliate Merchant. The net purchase is
defined as the total amount paid to the Affiliated Merchant
minus tax,
gift wrapping, shipping, promotional credits, returns, cancellations,
and transaction fees
or as the Affiliated Merchant defines on their
respective Web site 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 Web sites are hereby
incorporated into this Member Agreement by reference. |
|
| 12.
|
The percentage refund
for a given Affiliated
Merchant is the amount posted on the
MoreRebates Web site at the time of purchase for the given
Affiliated Merchant
from which the purchase was made. This refund amount may change from
time to time,
but no change will affect any refund amount earned prior to
such change. |
|
| 13. |
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 Transaction must begin
by
clicking on the Affiliated Merchant's link that appears on the MoreRebates Web
site and being
successfully connected to the Affiliated Merchant's Web
site based upon that click. (3) 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 a refund. |
|
| 14. |
Since MoreRebates is sharing a percentage of our
Commission from the Affiliated Merchant, any transaction that
MoreRebates does not receive credit or
payment for will not be paid to Members
(although MoreRebates may have credited your account). |
|
| 15. |
The determination of whether or not a purchase
made through a MoreRebates Affiliated Merchant is a "Qualified Purchase"
is at the sole discretion of
MoreRebates. |
|
| 16. |
Refunds 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. |
|
| 17. |
You may be taxed on your accrual of refunds,
depending on the amount of refunds 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 refunds. |
|
| 18. |
Some purchases are not eligible for
accrual or
payment of refunds. Examples include 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 refund.
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 refund unless all
months are paid for up front
through More Rebates. Gift Certificates that
are purchased at our Affiliated Merchants do not qualify
for refunds
unless specifically stated. |
|
| 19. |
It is your responsibility to check your
account
regularly to ensure that refunds have 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, or if the Member is no
longer reachable at the e-mail address provided. |
|
| 20. |
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 refunds 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. |
|
| 21.
|
In addition to the
refunds paid out by
MoreRebates for every purchase 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. |
|
| Payment
Schedule |
| 22. |
Payments will be made to Members based on or around
the 10th of each month and mailed out in checks always in U.S. dollars.
In order for an accrued refund 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, refunds 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. |
|
| 23. |
It is your responsibility to keep your account
information current in order to facilitate the payment of your refunds.
In the event that your
information is not current at the time of
payment, you forfeit all accrued refunds to MoreRebates. |
|
| Non-Transferability |
| 24. |
No
refunds 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 refund, other than by
MoreRebates, is expressly prohibited.
Accrued refunds 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
refunds assigned, sold, or
otherwise transferred in violation of the Service
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. |
|
| Disclosure of Account
Information |
| 25. |
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 aggregated and non-personalized
marketing services for an advertising
or merchant partner, or (iv) where it
is necessary for redemption or transfer of your refunds.
Further, you
authorize MoreRebates to receive any account information from any
Affiliate Merchant
including, but not limited to information regarding the
Qualified Purchase such as the products
ordered, the order number, the
time and date the Qualified Purchase occurred, the email address
entered for the Qualified Purchase. You agree to hold the Affiliated
Merchant harmless for any
information disclosed to MoreRebates. |
|
| Disclaimer |
| 26.
|
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. |
|
| 27.
|
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. |
|
| Limitation of
Liability |
| 28. |
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. |
|
| 29. |
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. |
|
| Termination or Changes to the
Program |
| 30. |
MoreRebates reserves the right to terminate the
Service
at any time with notice. This means you will have sixty (60) days from
the date notice of
Service termination is provided to Members to
redeem refunds in your account. Notification of Service
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 Service 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. |
|
| 31. |
MoreRebates may modify this Member Agreement from
time to time, with or without notice, and your continued participation
in the Service 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 Web site 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. |
|
| Termination or
Membership |
| 32. |
Membership in the Service is subject to the
Member Agreement. Any
failure to comply with the Member Agreement, any fraud or abuse relating
to the
accrual or redemption of refunds, or any misrepresentation of
any information furnished to MoreRebates
or its affiliates by you, or
anyone acting on your behalf, may result in the termination of your
membership in the Program, cancellation of your MoreRebates account and/or
forfeiture of your accrued
refunds. |
|
| Disputes or
Errors |
| 33. |
All questions or disputes regarding the Program,
including
without limitation, questions or disputes regarding eligibility for the
Program, or the
eligibility of refunds 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. |
| | |
