
Rebate Fundraising utilizes commission-based
affiliate marketing from our merchant partners ("Affiliate
Merchants"). Our Rebate Fundraising "Members" share in
these commissions via "Contributions".
To ensure that you, as an
Rebate Fundraising
"Member", fully understand what you will be paid for, when
you will be paid, what rights you have as a Member and what our
responsibilities are to you, we have created this document, "Terms
and Conditions". By becoming a member of the Rebate Fundraising
web site, you agree that you have read, understood, and agreed with the
following "Terms and Conditions", and consent to be bound by
all said "Terms and Conditions", including any updates
thereto.
Program Overview
The "Program" is defined as the Rebate Fundraising contribution
program that allows registered members of Rebate Fundraising to shop with
our "Affiliate Merchants" and earn "Contributions" to their selected cause as a rewards system. The Program is offered for free and
is conferred as a benefit of membership of Rebate Fundraising. You are
under no obligation to participate or redeem your Contributions.
Rebate Fundraising offers Contributions by working with online
retailers utilizing affiliate marketing. As an Rebate Fundraising
Member, you will be automatically credited, subject to this Agreement,
a specified amount of Contributions of the net
purchases or a specified flat amount for purchases or offers made by you through the
Rebate Fundraising website at merchants designated
by Rebate Fundraising ("Affiliate Merchants"). In addition, you
may receive Contributions for participating in such other
activities as may be designated by Rebate Fundraising from time to time by
amendment to this Agreement setting forth the specific terms. Contributions
that are earned by you as a result of a purchase from Affiliate
Merchants will be held in an account maintained by Rebate Fundraising. Contribution payments are made when
your selected cause reaches an aggregate total of contributions that exceeds $25.00 US Dollars . You, as the user,
do not need to take any action as contribution payments are made automatically at the beginning of each calendar month.
Rebate Fundraising is not responsible for the products or services offered by
the Affiliate Merchants. Rebate Fundraising is responsible only for
establishing and maintaining your account based upon the information
you provide and the purchase information provided by the Affiliate
Merchants and for permitting you to earn Contributions until such time as the
Contributions are forfeited as set forth in this Agreement.
ELIGIBILITY
Participation in the Program is limited to individuals that are 18
years or older
Any attempt to accumulate Contributions by means of an automated
machine or computer, scripts, software computerized or automated
process, or through the use of multiple accounts is expressly
prohibited. Rebate Fundraising will cancel a user's account and that user
will forfeit all Contributions earned if they are found to be
manipulating the system. Rebate Fundraising reserves the right to pursue
such prohibited conduct to the fullest extent of the law.
Members must maintain one unique account and any duplicate accounts
are subject to cancellation.
The Program is currently offered for purchases made through links on
the Rebate Fundraising web site. You must have Internet access and a valid
working email address to receive the privileges and benefits of
participation in the Program.
You also agree not to "spam" other individuals to join the
Rebate Fundraising program via unsolicited email, direct mail, newsgroups,
message boards, or other means. Rebate Fundraising reserves the
right to remove a member from the Program if they are found to be
"spamming". It is the sole discretion of
Rebate Fundraising to determine if a user is "spamming".
EARNING CONTRIBUTIONS
To be eligible for Contributions you must make a "Qualified
Purchase". In order to make a "Qualified Purchase", you must satisfy the following criteria:
1. You must have cookies enabled on your Web browser.
2. You must make all Qualified Purchases by clicking on the "Affiliate Merchant's" link that appears on the
Rebate Fundraising site, and be successfully connected to the Affiliate Merchant's site based on that click.
3. You must complete the "Qualified Purchase" during the same session immediately following the initial click-through to the Affiliate Merchant's site.
Members will be awarded a specified
percentage of the full purchase price of the order in Contributions.
For example, if 2% is specified as the award for shopping at a specific
merchant and a user purchases $100 worth of goods at that merchant
through an Rebate Fundraising link then that user has earned $2.00 in
their Rebate Fundraising Account.
Certain restrictions can
apply to select merchants. An asterisk will display near the merchant's
name on the merchant's respective landing page. Also, the following
purchases at ALL merchants do not qualify for rebates: gift certificate
purchases, gift card purchases, RX prescriptions, pet prescriptions, monthly delivery
products such as "auto-ship" products and "wait-list" items.
Determination of whether or not a purchase made through an
Rebate Fundraising "Affiliate Merchant" is a "Qualified Purchase" is at the sole discretion of
Rebate Fundraising. Rebate Fundraising is not responsible for tracking problems resulting from incorrect usage of the
Rebate Fundraising site, from disabling cookies, or from any other failure of tracking mechanisms.
The appropriate Contribution information accrued from a Qualified Purchase from an Affiliate Merchant will be posted to
the Pending section of your personal account within 7 business days from notice thereof to Rebate Fundraising by an Affiliate Merchant.
Once we receive payment for your transaction and the return period defined by the Affiliate Merchant has expired, the Pending
balance, adjusted for returns or other such variables, will be moved into the
Available section of your account.
Contributions awarded to you are subject to adjustments for returns
and cancellations, receipt of information and payments on such
purchases from the merchants and other events. In case of return or
cancellation, Rebate Fundraising retains the right to reverse account
credit. In addition, Rebate Fundraising reserves the right to make
adjustments to Member accounts at any time in Rebate Fundraising's sole
discretion. If you disagree with any adjustments made to your account
your sole remedy is to discontinue use of the Program.
In the event that a Participating Merchant shall withhold any portion
of the fees payable to Rebate Fundraising on account of a Qualified
Purchase, Rebate Fundraising reserves the right to withhold the same
amount from the Contributions credited to your account based on
such purchase.
CONTRIBUTION DISBURSEMENT
Contribution payments are made when
your selected cause reaches an aggregate total of contributions that exceeds $25.00 US Dollars . You, as the user,
do not need to take any action as contribution payments are made automatically at the beginning of each calendar month. A
contribution deduction in the amount of the member's available contributions is added to a Member's account when the selected member's cause is paid their full contribution.
USE OF ONLINE COUPONS
Rebate Fundraising also provides online
coupons as a free service to its members. These online coupons
are entered in by our administrative staff on a daily basis.
Rebate Fundraising is not responsible for the redemption, errors/omissions or
expiration of online coupons and it is the member's responsibility to
make sure that a discount, % off, special pricing, or free offer is
present in the checkout process of an affiliate merchant.
Coupon codes obtained outside of the
Rebate Fundraising website can nullify a contribution given for a
particular merchant. Rebate Fundraising reserves the right to cancel any
contribution because of coupon codes that are used from external
sources other than Rebate Fundraising.
All offers and promotions on this
site are subject to change without notice. Rebate Fundraising provides a
venue for obtaining the information contained in this site and has no
control over the legality of any coupons or other offers made by
vendors, the ability of any of the vendors to complete the sales in
accordance with the offers, or the quality of the goods offered by the
vendors. Rebate Fundraising has no control over whether vendors will honor
the offers shown on this site and does not guarantee the accuracy or
completeness of the information contained in this site. In the event
you have a dispute with a vendor in any way relating to this site or
the use of information from this site, you agree to waive and release
Rebate Fundraising from any and all claims, demands, actions, damages
(actual and consequential), losses, costs or expenses of every kind and
nature, known and unknown, disclosed and undisclosed relating to that
dispute.
MEMBER RESPONSIBILITIES
You are responsible for maintaining accurate account information at all
times, including valid email address information. Members are also
responsible for reviewing their account balance on a regular basis and
for checking to ensure that all awards have been made properly.
You must inform Rebate Fundraising within 60 days of a Qualified Purchase
if you believe there has been a failure or error in the award of Contributions related to the purchase.
Furthermore, all accounts are subject to review. Necessary adjustments
may be applied to Member accounts at any time by Rebate Fundraising 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. Rebate Fundraising 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.
Rebate Fundraising is not responsible for changes to, or discontinuance
of, any Affiliate Merchant, or any Affiliate Merchant withdrawal from
the Program, or for any effect on accrual of Contributions caused
by such changes, discontinuance, or withdrawal.
Members are not responsible for redeeming Contributions as contribution payments are done automatically each month.
Rebate Fundraising is entitled to act on instructions received under your
password as an Rebate Fundraising member and in connection with your
account. You are responsible for keeping your email address, passwords,
account numbers, and other account information confidential.
Rebate Fundraising is not responsible for any credits or debits made to your
account by someone else who uses your password. Rebate Fundraising will
not be responsible for any losses or liabilities incurred through the
use of your password by a third party.
Participation in the Program is personal to you. Contributions to a cause
received under the Program may not be assigned or transferred to any
third party except as expressly permitted by Rebate Fundraising in
writing. The sale, transfer, lending, exchange, pooling or barter of
any Contributions, other than by Rebate Fundraising, is expressly
prohibited. Any Contributions assigned, sold, or otherwise
transferred in violation of this Agreement may be confiscated or
canceled. Any violation of the foregoing restrictions is grounds for
account termination and forfeiture of all Contributions.
You authorize Rebate Fundraising to disclose to third parties information
you have provided, or information that Rebate Fundraising has obtained
about your Rebate Fundraising account: (i) to agents of Rebate Fundraising or
its affiliates, such as independent auditors, consultants or attorneys;
(ii) to comply with government agency or court orders or requests; or
(iii) where it is necessary for redemption or transfer of your Contributions.
You authorize Rebate Fundraising 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 Participating Merchant harmless for any information
disclosed to Rebate Fundraising.
DISCLAIMERS AND LIMITATIONS ON LIABILITY
THE PROGRAM IS BEING PROVIDED BY Rebate Fundraising "AS IS" AND
"AS AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY LAW,
Rebate Fundraising 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.
YOU AGREE THAT Rebate Fundraising WILL NOT BE LIABLE FOR ANY COSTS OR
DAMAGES ARISING OUT OF A DISPUTE BETWEEN YOU AND ANY PARTICIPATING
MERCHANT, AND YOU HEREBY EXPRESSLY WAIVE ANY SUCH CLAIM AGAINST
Rebate Fundraising AND ITS MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, PARENTS,
SUBSIDIARIES, AGENTS AND REPRESENTATIVES.
Rebate Fundraising DOES NOT MAKE ANY REPRESENTATIONS OR GUARANTEES
REGARDING ANY GOODS OR SERVICES OFFERED OR PROVIDED BY AFFILIATE
MERCHANTS OR SUPPLIERS IN CONJUNCTION WITH THE PROGRAM.
Rebate Fundraising DOES NOT MAKE ANY REPRESENTATIONS THAT ACCESS TO THIS SITE WILL
BE UNINTERRUPTED OR ERROR-FREE, AND Rebate Fundraising ASSUMES NO
RESPONSIBILITY FOR ANY DAMAGE CAUSED BY YOUR ACCESS, OR INABILITY TO
ACCESS, THIS SITE, INCLUDING, BUT NOT LIMITED TO, YOUR INABILITY TO
RECEIVE CONTRIBUTIONS BY PURCHASING ITEMS WITH AN AFFILIATE
MERCHANT.
IN NO EVENT SHALL Rebate Fundraising 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 THE
PROGRAM; ANY ACT OR OMISSION BY Rebate Fundraising IN ADMINISTERING THE
PROGRAM; OR THE PURCHASE OR USE OF ANY GOODS OR SERVICES OF MERCHANTS
OR SUPPLIERS, EVEN IF Rebate Fundraising HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY
FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME STATES DO NOT
ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION MAY NOT APPLY TO YOU.
YOU AGREE TO INDEMNIFY AND HOLD Rebate Fundraising, 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 YOUR USE OF THE PROGRAM, THE
VIOLATION OF THESE TERMS AND CONDITIONS BY YOU, OR THE INFRINGEMENT BY
YOU, OR ANY OTHER USER OF YOUR 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 AND MODIFICATION
Rebate Fundraising reserves the right to terminate the Program at any time
with notice. In the event the Program is terminated, you will have
sixty (60) days from the date notice is transmitted by Rebate Fundraising
to the email address specified in your account to redeem your Contributions.
Notification of Program termination will be sent to the
email address provided to Rebate Fundraising during the registration
process. Rebate Fundraising will not be responsible for failing to notify
you of Program termination where such failure is caused by an
inaccurate email address, your failure to check email online, or your
failure to inform Rebate Fundraising of a change in your email address.
You may cancel your account at any time by sending a support request in
the customer support area. Immediately upon cancellation,
your account will be closed. YOU UNDERSTAND AND AGREE THAT UPON CLOSING
YOUR ACCOUNT, YOUR RIGHT TO PARTICIPATE WILL CEASE AND ALL CONTRIBUTIONS
IN YOUR ACCOUNT AT SUCH TIME, HOWEVER AND WHENEVER ACCUMULATED,
WILL BE FORFEITED.
Rebate Fundraising reserves the right to modify this Agreement from time
to time, with or without notice. If there is a modification to the
Program, we will endeavor to notify you; however, we will not be
responsible if you do not learn of the modification. Continued
participation in the Program after such modification shall be deemed to
be your acceptance of any such modification. It is your responsibility
to check this page of the Rebate Fundraising 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.
Membership in the Program is subject to the Program Terms and
Conditions. Any failure to comply with the Program Terms and
Conditions, any fraud or abuse, or any misrepresentation of any
information furnished to Rebate Fundraising by you or anyone acting on
your behalf may result in the termination of your account and the
forfeiture of all Contributions.
DISPUTE RESOLUTION
All questions or disputes regarding the Program, including without
limitation, questions or disputes regarding eligibility for the
Program, or the eligibility of contributions for accrual or redemption, must
be submitted in writing within 60 days of the qualifying transaction,
to Rebate Fundraising.
Any such disputes shall be resolved by Rebate Fundraising at its sole
discretion. All interpretations of Program Terms and Conditions shall
be at the sole discretion of Rebate Fundraising. In the event that an
error is made by Rebate Fundraising, your sole remedy shall be the credit
of the disputed Cash Back Rebates to your Rebate Fundraising account.
MISCELLANEOUS
This Agreement shall be governed by and construed in accordance with
the laws of the State of Illinois, without reference to conflicts of
law rules. If any provision of this Agreement is found invalid or
unenforceable, that provision shall be enforced to the maximum extent
possible, and the other provisions contained herein will remain in full
force and effect. Rebate Fundraising's failure to insist upon or enforce
strict performance of any provision of the Agreement shall not be
construed as a waiver of any provision or right. Nothing in this
Agreement shall be construed as creating or constituting a partnership,
joint venture or agency relationship between Rebate Fundraising and the
Affiliate Merchants or between you and Rebate Fundraising. This Agreement
constitutes the entire agreement between the Member and Rebate Fundraising
with respect to the Program.