SOCIAL REBATE PROGRAM: USER (PURCHASER)
TERMS OF SERVICE AND PRIVACY STATEMENT
Effective September 9, 2013
Share Magnet Vendor Agreement
Social Rebate provides a comprehensive Social Commerce platform for online retailers/stores to help increase social sharing and customer referrals from Social Media to their eCommerce stores. Read more to learn more about what Social Rebate is, how it works and how it can help you earn cash back from your purchases.
Social Rebate is headquarted in Los Angeles and also has a development center in London, United Kingdom.
A. SOCIAL REBATE PROMOTIONS
When a user of the Social Rebate Program (“Program”) purchases an item (“User” or “Purchaser” or “you/your”), whether product or service, from a store that indicates on its online receipt page that it participates in the Program (“Store”) by offering “Social Rebates” to Purchasers, the Purchaser will receive an offer or email on behalf of the Store indicating that the Purchaser will have the opportunity to claim a “Social Rebate” and earn cash back on the Purchaser’s purchase from that Store.
A “Social Rebate” is an online promotion offered by a Store to a Purchaser based on the Purchaser’s recent purchase from the Store that allows the Purchaser to earn money by generating clicks, that is, unique web traffic from the Purchaser’s online social network of friends and acquaintances (“Network”) to the Store (or its designee). The term also refers to the amount of payment to which a Purchaser is entitled under the Store’s specific promotion relating to the Purchaser’s recent purchase (“Promotion”). The Social Rebate Promotion, once accepted by the Purchaser, is a contract between the Store and the Purchaser. Share Magnet LLC (“Share Magnet”, “we”, “our” or “us”), which manages the Program, does nothing more than facilitate the Program and pay the Purchaser the Social Rebate to which he or she is entitled, which is conditioned upon the Store paying Share Magnet the amount that is owed to the Purchaser. In addition, the Purchaser will have an account on Share Magnet with the appropriate links as set forth below in order to participate in the Program and receive payment of Social Rebates. Share Magnet reserves the right to restrict access to the Program or to the Social Rebate website.
Not every purchase from a Store is necessarily entitled to a Social Rebate, the Store may condition the Promotion it offers to Purchasers to particular items purchased, particular time periods or require that the purchase meet a threshold amount. In addition, it is the Store, and not Share Magnet, that sets the number of valid clicks that will be required from the Purchaser’s Network to earn the Social Rebate. The Store also sets the maximum amount that the Purchaser can receive from its recent purchase, which can be either a dollar amount or a percentage of the purchase price paid by the Purchaser (“Purchase Price”).
The Promotion made available by the participating Store to the Purchaser shall include the following terms: (a) Minimum Purchase Price that must have been paid by Purchaser to trigger the Social Rebate Promotion; (b) Percentage or dollar amount of Social Rebate that the Store will pay to the Purchaser if the full Social Rebate is earned under the terms of the Promotion; (c) the number of valid clicks from the Purchaser’s Network that will earn the full Social Rebate, which number of clicks is designated by the Store in its sole discretion; (d) how long the Purchaser has to accept the offer/Promotion; (e) The Promotion, once accepted by Purchaser, will last for five (5) days, the “Share Period” as defined below; (f) The Purchaser will be paid for any valid clicks on a value-per-click basis, even if the maximum number of clicks is not achieved.
In addition to the Social Rebate amount that the Store makes available to a Purchaser under a particular Promotion, Share Magnet may offer other opportunities for the Purchaser to earn the Social Rebate amount or an additional amount from his or her recent purchase. For example, at present Share Magnet enables the Purchaser to earn an additional 25% of the Social Rebate amount if (i) the Purchaser accepts the Social Rebate app (the “App”) on Facebook and in its permissions the Purchaser allows Share Magnet to access certain of the Purchaser’s Facebook profile information, such as email address, list of contacts/friends; and (ii) the Purchaser gives permission for Share Magnet to post your participation in a Promotion once on your Facebook Timeline upon your claiming each particular Social Rebate, and to access the Stores that you Like. If you have not Liked the Store that offered the Promotion on your Timeline, it is possible that the Store may offer an additional promotion, for example, an additional 25% above the amount of the Social Rebate to Like the Store.
Upon your claiming a Social Rebate in connection with a particular Promotion relating to your recent purchase from a Store, Share Magnet will generate a specific link for you, which will remain active for five (5) days so that you can share the link with your Network (the “Share Period”). This link gives you the ability to post and re-post your recent purchase information during the Share Period, in order to generate the clicks from your Network that earn you the Social Rebate. Once you have reached the maximum number of clicks that enable you to earn the full Social Rebate, or once the Share Period has expired, whichever happens first, Share Magnet will attempt to remit payment to your PayPal email address, which you have provided on the Settings page of the Social Rebate page on Facebook. A notification of payment is sent to your PayPal email and payment will be attempted only through Facebook. If you have not submitted your PayPal email at the time payment is attempted by Share Magnet, Share Magnet will continue trying to pay you via PayPal every two (2) weeks for a period of ninety (90) days. After 90 days of attempts, you may no longer be entitled to any amounts you were owed as a result of the particular Social Rebate Promotion, as more fully explained under “Your Account” below.
In order to earn the full amount of Social Rebate to which you are entitled under a Promotion, you are required to generate the number of unique visitor clicks designated by the Store. Given that the Store will establish either a dollar amount for the Social Rebate, or a percentage of your Purchase Price, as well as the number of clicks required to earn your full Social Rebate, you can easily establish the value per click, which will also be displayed on the initial Social Rebate Promotion page. For example, if you are entitled to a $7.50 maximum Social Rebate, and the Store requires five (5) valid clicks to earn that amount, then each click has a value of $1.50. This click value may be enhanced by any other incentives offered by Share Magnet (as described above) or the Store, or such incentives may be removed, so that the initial click value indicated to you may change.
B. YOUR ACCOUNT
As indicated above, when you, the Purchaser, accept the Social Rebate app (the “App”) on Facebook and in its permissions, and allow Share Magnet to access certain of the your Facebook profile information, such as email address and your list of contacts/friends, you establish your account (“Account”). In addition, in order to receive payment, you must provide us with your active Paypal email address, or we will not be able to pay you any Social Rebates earned by you. It is entirely your responsibility to do the following: (1) provide us with a correct Paypal email, prior to or during any Promotion, so that you can be paid any Social Rebates earned; (2) make sure the email you provide us for communication with you about Social Rebates earned is correct; (3) check your Account regularly to ensure that your Social Rebates have been properly credited and your Account balance is accurate. If you believe that a Social Rebate that you are owed has not been properly credited, you must contact Social Rebate/Share Magnet at firstname.lastname@example.org. Bear in mind that you must keep all Account information, such as accurate email address and Paypal email, current in order to ensure proper crediting of Social Rebates.
If you leave Social Rebate amounts in your Account, we will try to alert you for a period of 90 days that you have amounts to claim in your Account. After 90 days of inactivity, your Account is deemed inactive, and we will then begin to assess your Account with a monthly administrative fee of $4 per month if your Account has a positive balance.
C. OWNERSHIP AND COPYRIGHT
The Social Rebate Program, and all content included on this website, www.socialrebate.net (the “Site”) including text, graphics, logos, buttons, videos, icons and images and the overall look and feel of the Site and this particular compilation of content, is the property of Share Magnet, its licensors, and its content suppliers, and is protected by U.S. and international copyright laws and international treaties.
Share Magnet, Social Rebate, the sharemagnet and social rebate logos and all trademarks, service marks, and related trade names appearing on the Site are the property of Share Magnet or of the respective owners that have granted Share Magnet the right to use such marks. No such marks or trade names can be used by you without express written consent.
E. REGISTRATION AND ACCOUNT SECURITY.
Purchasers must provide their real names and information when you participate in the Social Rebate Program. Here are some commitments you make to us related to registering and maintaining the security of your personal information and the Social Rebate Program: (a) You will not provide any false information on the Social Rebate Program or Share Magnet, or create an Account for anyone other than yourself without permission. (b) You will keep your contact information accurate and up-to-date. (c) You will not let anyone else access your Account, or do anything else that might jeopardize the security of your Account. We support the Program in a growing list of countries; if you want to confirm whether you can participate from your location, contact us at email@example.com.
F. SAFETY AND SECURITY.
We do our reasonable best to keep Share Magnet and the Social Rebate Program safe and secure, but no website or app can guarantee safety or security. We need your help to keep the Site and the App safe, including the following commitments: (a) You will not send or otherwise post unauthorized commercial communications (such as spam). (b) You will not collect other Purchasers’ or Stores’ information, or otherwise access Share Magnet, using automated means (such as harvesting bots, robots, spiders or scrapers) without our permission. (c) You will not upload or share viruses or other malicious code. (d) You will not solicit login information or access an account belonging to someone else. (e) You will not bully, intimidate or harass any User or Store, or engage in any activity that could be considered defamatory or discriminatory. (f) You will not facilitate or encourage any violations of this Agreement or of applicable law.
G. THIRD-PARTY AND/OR LINKED WEBSITES.
WE MAKE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCTS OR SERVICES SHARED ON OR THROUGH SHARE MAGNET OR WHICH ARE THE SUBJECT OF ANY SOCIAL REBATE.
J. ACTIONS WE MAY TAKE.
(a) We may make any inquiries that we consider necessary, either directly or through third parties, concerning your Account. (b) We may cancel any transaction if we believe the transaction violates this Agreement, any applicable local, state or federal law, or if we believe doing so may prevent financial loss. (c) We may cancel any Promotion for valid reasons, such as the inability to assure payment to the Purchaser because of problems with a Store; (d) We may contact law enforcement, or impacted third parties (including other users) and share details of any payments associated with you we believe doing so may prevent financial loss or a violation of law. .
K. DISPUTES AND REVERSALS.
(a) If you believe that a problematic transaction has taken place in connection with your participation n the Program, you agree to notify us immediately, so that we may take action to prevent financial loss. (b) To the fullest extent permitted by law, you waive all claims against us related to payments unless you submit the claim to us within 30 days of your claim having arisen. (c) We may intervene in disputes between you and Purchasers concerning payments but have no obligation to do so.
L. OTHER MATTERS.
(a) We may reject or remove a Promotion for any reason. (b) Share Magnet reserves the right, in its sole discretion, to delete or remove any particular Social Rebate Program and to restrict, suspend or terminate your access to the Program, at any time for any reason without prior notice. (c) To the maximum extent permitted by applicable law, Share Magnet will have no liability related to Social Rebates or Promotions arising under the laws of copyright, defamation/libel, privacy, obscenity or otherwise. Share Magnet disclaims any and all liability with respect to the misuse, loss, modification or unavailability of any Promotion.
M. MODIFICATION OF AGREEMENT.
Share Magnet reserves the right, at any time, to modify, alter or update these terms and this Agreement, and you agree to be bound by such modifications, alterations or updates. Accordingly, you should check the date at the top of this Agreement, which indicates the date of last revision of this Agreement, and review the Agreement if the date has changed since the last time you visited Share Magnet or participated in any Social Rebate Program, as this version applies to you.
Any dispute, claim or controversy arising out of or relating to this Agreement or the Social Rebate Program or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by final and binding arbitration in Los Angeles County, California, before a single arbitrator. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures, and the arbitrator shall apply the laws applicable in the State of California. Judgment on the award may be entered in any court having jurisdiction thereof. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitrator shall, in the award, allocate all or part of the costs of the arbitration, including the fees of the arbitrator and the reasonable attorneys’ fees (and accountant’s fees) of the prevailing party, for payment by the non-prevailing party, and shall determine the prevailing party for this purpose.
The laws of the State of California will govern this Agreement, as well as any claim that might arise between you and us, without regard to conflict of law provisions.
If anyone brings a claim against us related to your action, omission, content or information on Share Magnet or relating to the Social Rebate Program, you will indemnify and hold us harmless from and against all damages, losses and expenses of any kind (including reasonable legal fees and costs) related to such claim.
WE TRY TO KEEP SHARE MAGNET, THE WEBSITES WE OWN AND/OR CONTROL, THE APP AND THE SOCIAL REBATE PROGRAM(THE “PROPERTIES”) ACCESSIBLE, UP TO DATE, BUG-FREE AND SECURE, BUT USE IT AT YOUR OWN RISK. WE ARE PROVIDING THE PROPERTIES “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE PROPERIES WILL BE SAFE OR SECURE. SHARE MAGNET IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST SUCH THRID PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE § 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, (I) WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PROPERTIES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (II) OUR AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT OR THE PROPERTIES WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLYT O YOU. IN SUCH CASE, SHARE MAGNET’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.