IMPORTANT
Please read this Member Agreement (the "Agreement") carefully before enrolling as a member of the Ebates Shopping Cash Back Rewards Program (the "Program") or downloading the Moe Money Maker (the "Software"). This Agreement explains the terms and conditions governing membership in the Program (the "Program Terms and Conditions"), and it is your responsibility to read and understand them. By enrolling as a member in the Program (a "Member"), or by downloading, installing and/or utilizing the Software, you agree to be bound by the Program Terms and Conditions. Enrollment is defined as providing Ebates with your valid email address and a password in which to access your account. Downloading, installing, and/or utilizing the Software does not confer the status of "Member" until the Software user completes the Enrollment process. Participation in the Program and its benefits are offered at the discretion of Ebates, and Ebates has the right to change the Program Terms and Conditions, in whole or in part, at any time with or without notice.
ELIGIBILITY
1. You must be an individual, 18 years of age or older.
2. Members must be human: no machines, scripts, or automated services may be used to accumulate any financial benefits derived from the use of Ebates. You may maintain only one account. Any duplicate accounts will be subject to cancellation.
3. The Program is only available via access to the Ebates Web site (http://www.ebates.com). You must have Internet access and an email address to be eligible to receive the privileges and benefits of membership. Ebates is not responsible for your inability to connect to the Internet, log into the Ebates Web site, or access your Ebates account.
4. By agreeing to these terms, you also agree not to 'spam' unknown individuals by sending them unwanted emails to solicit their membership at Ebates. Refusal to abide by this or any other rules may result in Ebates stripping you of referrals and/or canceling your membership.
ACCRUAL OF DISCOUNTS
5. Members will be credited, subject to the terms and conditions enumerated in this Agreement, a percentage of the net purchases made by you at one of the online merchants affiliated with Ebates (an "Affiliated Merchant"). The percentage will be enumerated on the Ebates Web site as it relates to each Affiliated Merchant. The net purchase is defined as the total amount paid to the 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 Ebates and which reside on the Affiliated Merchant's respective Web sites are hereby incorporated into this Agreement by reference.
6. As a Member, purchases made through Ebates Affiliated Merchants will be deemed a "Qualified Purchase" and will be subject to earn a cash back reward if and 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 Purchases must begin by clicking on the Affiliated Merchant's link that appears on the Ebates Web site and being successfully connected to the Affiliated Merchant's Web site based upon that click. Individuals who download the Software may on occasion be excepted from the terms of section 6(2), as their browser will in some instances link directly to the merchant through the correct link. The Software is only a shopping reminder service provided by Ebates; for reliability of tracking we recommend you start your shopping trip at the Ebates.com website. 3) Ebates 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 Purchase. 4) All purchases must be started and completed in one shopping session within the Ebates shopping program. If you start a purchase, then complete it in a different session, you will be ineligible for a rebate. 5) Users must not use coupons not listed on the Ebates website. 6) Items must not be returned. If they are, the initial purchase will be invalidated and not be deemed a Qualified Purchase. 7) Purchases from "Coupons Only" and "No Discount" Affiliated Merchants are not deemed "Qualified Purchase."
7. The determination of whether or not a purchase made through an Ebates Affiliated Merchant is a "Qualified Purchase" is at the sole discretion of Ebates.
8. "Account Activation" is completed upon the making of a Qualified Purchase at any Ebates merchant site. In case of return or cancellation, Ebates retains the right to reverse account credit.
9. If an Affiliated Merchant fails to report a transaction to Ebates, or withholds payment to Ebates for a particular transaction for any reason, Ebates reserves the right to cancel the cash back reward associated with that transaction. Cash back rewards 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 Ebates at its sole discretion. Should you disagree with any adjustments made to your account, your sole remedy is to withdraw from the Program.
10. You may be taxed on your accrual of cash back rewards, depending on the amount of cash back rewards you accrue and the tax laws of federal, state, and local jurisdictions. Ebates 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 cash back rewards.
11. There are a number of purchases that are not eligible for accrual or payment of cash back rewards. For a complete list, click here to go to our FAQ page that lists ineligible purchases.
12. It is your responsibility to check your account regularly to ensure that cash back rewards have been properly credited and that your account balance is accurate. If you do not believe that a cash back reward has been correctly credited to your accout you must wait at least 30 days but no more than 90 days after completing a Qualifying Purchase to contact Ebates Customer Care. Furthermore, all cash back rewards earned by Members are subject to review. Necessary adjustments may be applied to Member accounts at any time by Ebates 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. Ebates 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.
13. Ebates 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 cash back rewards caused by such changes, discontinuance, or withdrawal. Ebates 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 Ebates site, we cannot guarantee that you will be eligible to receive an Ebates cash back reward on your purchases.
PAYMENT SCHEDULE
14. Money earned through the referral program will be paid along with regular cash back rewards. Continued payments of referral monies will be made at the sole discretion of Ebates. The referral program may be ended, percentages reduced or the program modified in any way, at any point, and without notice, though all accrued referral monies will be paid in full if and when this occurs.
15. Every three months Ebates sends to its members the Cash Back that they have earned, provided that the member has earned at least $5.01 in Cash Back Rewards. If the member has earned less than $5.01 Cash Back, Ebates will carry the member’s money over to the next check. Bonus Rewards do not count toward the $5.01 minimum. The term “Bonus Rewards” includes monies earned as a Sign-up Reward or Tell-A-Friend Bonus. Accrued cash back rewards will be dispersed to the Members on or around August 14th, November 15th, February 15th, or May 15th. In order for an accrued cash back reward to be eligible for payment on the above dates, the Qualified Purchase must occur 45 days prior to the payment date (by June 30th for a August 14th payment, September 30th for an November 14th payment, December 31st for a February 15th payment, March 31st for an May 15th payment). Note that orders from Dell Home Systems (Computers), Dell Home Systems Software and Peripherals, Dell Small Business, Dell Canada Home Systems, Dell Canada Software & Peripherals, Officemax, ShopNBC, Toshiba, Sears, Barnes & Noble.com, eLUXURY, Circuit City and ShoeBuy will post to accounts immediately. However, due to the 45 day return policies of these merchants, cash back rewards will become eligible to be paid out 75 days after purchases are posted to members' accounts. Qualified purchases 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. For gift card bonuses, you must make a qualifying purchase within 30 days of sign up in order to qualify for the gift card. You must earn $3.00 or more in Cash Back before gift card is mailed to your address. Please allow up to six weeks after your qualifying purchase to receive your gift card. Gift cards have no cash value, can not be substituted and are non-replaceable. Ebates is not responsible for lost or damaged gift cards. Limit one gift card per household. Only individuals who are legal residents of the fifty (50) United States, the District of Columbia (excluding Puerto Rico) or Canada are eligible to receive Gift Cards. All other users will be eligible to receive the $5.00 Cash Bonus.
16. It is your responsibility to keep your account information current in order to facilitate the payment of your cash back rewards. In the event that your information is not current at the time of payment, you forfeit all accrued cash back rewards to Ebates. Ebates can pay you by putting your savings in your PayPal account as well. Simply make the changes to your account preferences and add your PayPal account information. If an error occurs in payment, Ebates Customer Service will assist members in determining the cause of any non-payment, be it by PayPal or check. If it has been determined that non-payment was caused by a process error in payment automation or other cause that was our fault, all accrued cash back rewards will be re-paid to you in full. However, Ebates is not responsible for any misapplied PayPal payments or checks sent to the wrong address and subsequently cashed if these errors were caused by inaccurate email or contact information provided by the user. We are also not liable for errors made by PayPal in applying your payment, though we will work hard to resolve any such issues should they arise.
ACCOUNT ACCESS AND PASSWORD
17. Upon registration for the Program, you will select a password that will allow you to access your Ebates account (via the Ebates Web site) to verify transfers, check account balances, and modify your account information.
18. You must be logged into Ebates and enter your password to change your account settings and payment preferences. You may check your account status and recent earning history at any time by clicking any of the several “Account” links on the Ebates Website.
19. Ebates is entitled to act on instructions received under your password. For security purposes, it is recommended that you memorize your password, and do not write it down. You are responsible for keeping your email address, password, account numbers, and other account information confidential. Ebates is not responsible for any credits or debits made to your account by someone else who uses your password.
DOWNLOAD AND INSTALLATION OF MOE MONEY MAKER SOFTWARE
20. In downloading and/or installing the Software, you agree to the following:
- Functionality. Ebates and its agents may pop up brief alerts when you can save money by shopping through Ebates or by using the Software. Ebates may direct your traffic to the merchant of your choice. This may be done (a) by presenting a choice in a pop up alert asking whether you wish to save by shopping through Ebates, thereby directing your browser through Ebates in order to ensure you earn a reward, or (b) by automatically routing you through Ebates and earning you a cash back reward with no further action on your part being necessary. These settings can be changed at any time through the Software’s preference settings. The Software can be easily uninstalled through the standard 'add or remove programs' control panel, or through the Software's preference settings.
- License. Ebates grants you a non-exclusive license to install and use the Software solely for personal use and only for the purpose of accessing the Program. Ebates and its Software licensors/suppliers reserve the right to add additional features or functions to the Software at any time, without asking your approval. Ebates may require the update of the Software on your computer when a new version of the Software is released or new features are available. This update or new download may occur automatically when you use the Program. Changes to this End User License Agreement may be made by Ebates and will be posted on the Company web site. Your continued use of the Software will constitute consent to the revised terms. Ebates is under no obligation to support the Software, and may at any time suspend or terminate this license and disable the Software.
- Restrictions. You may not reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Software for any reason. You may not modify the Software in any way. You may not rent, sell, lease, sublicense, distribute, assign, copy (other than a single copy for your own backup purposes), or in any way transfer the Software or use the Software for the benefit of any third party through any outsourcing or time-sharing arrangement or through the operation of any service bureau. You understand that the Software is licensed not sold, the Software software and all rights not expressly granted herein are reserved to Ebates and its licensors/suppliers.
- Voluntary Use. The Software assists in tracking your transactions in connection with the Program and reports such information to Ebates and its licensors as necessary for you to obtain the benefits of the Program. The Software also communicates with Ebates and its licensor’s servers and Ebates and its licensors may obtain certain information regarding your use of the Program (such as IP address, type of browser, referring URL) however such information does not include personally identifying information. Use of such information is subject to the Ebates Privacy Policy and will not be shared with outside agencies as described therein. Your use of the Software and the Program is voluntary. You may discontinue use and uninstall the Software at any time by removing it via the ‘Add or Remove Programs’ Control Panel.
- Export Controls. The Software and the underlying information and technology may not be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, Yugoslavia, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you are agreeing to the foregoing and you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list, and that you will otherwise comply with all applicable export control laws.
- U.S. Government Restricted Rights. The Software is provided with Restricted Rights. Use, duplication, or disclosure by the United States Government is subject to restrictions set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 C.F.R. 52.227-19, as applicable. Manufacturer is Ebates, Inc. 333 Bryant Street, Suite 250, San Francisco, CA 94107, ALL RIGHTS RESERVED UNDER THE COPYRIGHT LAWS OF THE UNITED STATES. For the purpose of any public disclosure provision under any federal, state, or local law, the information is trade secret and proprietary commercial data and not subject to disclosure.
DISCLOSURE OF ACCOUNT INFORMATION
21. You authorize Ebates to only disclose to third parties information you have provided, or information that Ebates has obtained about your Ebates account or shopping behavior: (i) to agents and licensors of Ebates 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 cash back rewards. Further, you authorize Ebates to receive any account information from any Affiliated Merchant including, but not limited to information regarding purchases made, items searched for or added to your shopping cart, products ordered, order number, the time and date the purchase occurred, and the email address entered for the purchase. You agree to hold the Affiliated Merchant harmless for any information disclosed to Ebates. You allow Ebates to collect and use non- personalized marketing information regarding visits and related to and purchases made from internet commerce sites.
22. By signing up for membership at Ebates, you agree to receive communications that are account and membership related (e.g. that we've added money to your account, that we are mailing you a check on a certain date, that new features are available on the Ebates site, etc) as well as periodic shopping-related emails that highlight coupons & special deals that are available to Ebates members. You can opt-out of receiving emails that are not account-related by either (i) visiting your account page and clicking on the Profile link, or (ii) following the unsubscribe link on any of the emails. Since we need to communicate account information with you in order to operate our service, you can't unsubscribe from account information emails. But rest assured that we don't send account emails unnecessarily. These are not promotional emails, and are only used to notify you that a check is on the way, that we put money in your account, that we need a mailing address to send your check to, that we mailed you a check and it came back to us as having a bad address, and so forth. If you don't wish to ever hear from us, even if just to hear that we tracked your purchase and awarded you Cash Back, you can close down your account by contacting customer service. But frankly we'll be quite offended.
DISCLAIMER
23. THE EBATES PROGRAM AND THE SOFTWARE ARE BEING PROVIDED TO MEMBER "AS IS" WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EBATES DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROGRAM AND THE SOFTWARE, 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.
24. EBATES 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 EBATES INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE EBATES WEB SITE, EBATES DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS THAT THIS SITE IS FREE OF DESTRUCTIVE MATERIALS. IN ADDITION, EBATES DOES NOT WARRANT THAT ACCESS TO THIS SITE OR USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, AND EBATES ASSUMES NO RESPONSIBILITY FOR ANY DAMAGE CAUSED BY YOUR ACCESS, OR INABILITY TO ACCESS, THIS SITE OR YOUR USE OR INABILITY TO USE THE SOFTWARE, INCLUDING, BUT NOT LIMITED TO, YOUR INABILITY TO ACCRUE CASH BACK REWARDS BY PURCHASING ITEMS WITH AN AFFILIATED MERCHANT.
LIMITATION OF LIABILITY
25. IN NO EVENT WILL ANY OTHER COMPANY WITH WHICH EBATES HAS A CORPORATE PARTNERING RELATIONSHIP, INCLUDING WITHOUT LIMITATION, CO-BRANDING, CO-MARKETING, JOINT DEVELOPMENT, A MERCHANT RELATIONSHIP, OR A LICENSING OR SUPPLIER RELATIONSHIP (EACH A "CORPORATE PARTICIPANT") BE LIABLE TO YOU FOR NON-PERFORMANCE OF EBATES OBLIGATIONS. YOU AGREE NOT TO SUE ANY CORPORATE PARTICIPANT FOR NON-PERFORMANCE BY EBATES. IN NO EVENT SHALL EBATES 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 EBATES IN ADMINISTERING THE PROGRAM; (III) THE USE OR INABILITY TO USE THIS WEB SITE; (IV) THE USE OR INABILITY TO USE THE SOFTWARE INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST BUSINESS OR LOST OPPORTUNITY, OR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL OR EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LEGAL FEES, ARISING OUT OF SUCH USE OR INABILITY TO USE THE SOFTWARE, OR (V) THE PURCHASE OR USE OF ANY MERCHANDISE, PRODUCTS, OR SERVICES OF MERCHANTS OR SUPPLIERS, EVEN IF EBATES, 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.
26. MEMBER AGREES TO INDEMNIFY AND HOLD EBATES, 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 PROGRAM USING 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
27. Ebates reserves the right to terminate the Program at any time with notice. This means you will have sixty (60) days from the date notice of Program termination is provided to Members to redeem cash back rewards in your account. Notification of Program termination will be sent to the email address you provide to Ebates during the registration process. Ebates will not be responsible for failing to notify you of Program termination where such failure is caused by any reason outside the control of Ebates, including an error in your email program, an inaccurate email address, your failure to check for your email online, or your failure to inform Ebates of a change in your email address.
28. Ebates may modify this Agreement from time to time, with or without notice, and your 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 the Member Agreement page of the Ebates 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 OF MEMBERSHIP
29. 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 relating to the accrual or redemption of cash back rewards, or any misrepresentation of any information furnished to Ebates 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 Ebates account and/or forfeiture of your accrued cash back rewards. Ebates also reserves the right to close accounts that have been inactive for more than 12 months. We call these 'Dead Accounts'. Inactivity is defined as no tracked visits, either cookied or manually logged in. Any Dead Account will have all funds in it taken back by Ebates, and we will no longer allow user login under that username and password. We'd much rather have a happy customer than a closed account, but if you haven't come by in a year, and haven’t responded to any of our emails over the course of a year, Ebates will close the account and take back any funds therein.
DISPUTES/ERRORS
30. All questions or disputes regarding the Program, including without limitation, questions or disputes regarding eligibility for the Program, or the eligibility of cash back rewards for accrual or redemption, must be submitted in writing within 60 days of the qualifying transaction, to Ebates at: Customer Service, Ebates Inc., 333 Bryant Street, Suite 250 San Francisco CA, 94107, or contact Customer Care. Any such disputes shall be resolved by Ebates at its sole discretion. All interpretations of Program Terms and Conditions shall be at the sole discretion of Ebates. In the event that an error is made by Ebates, your sole remedy shall be the credit of the disputed cash back reward to your Ebates account.
MISCELLANEOUS
31. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without reference to conflicts of law rules. As a condition of the use of the Ebates website and service, you (the Member) agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Mateo, California and therefore agree to file any grievance or suit of any kind exclusively in the courts located within the county of San Mateo. 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. Ebates' 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 Ebates and the Affiliated Merchants or between Ebates and any other of its Corporate Partners. Neither the Affiliated Merchants nor any Corporate Partner shall have the ability to create any obligation on Ebates' behalf. This Agreement constitutes the entire agreement between you and Ebates with respect to the Program.
