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Terms and Conditions
Program Overview
Please read carefully the terms and conditions of this Member Agreement before
enrolling as a member of the Sam's Rebates Cash Back Rewards Program (the "Program")
for fully understanding your right and responsibility and Sam's Rebates' right
and responsibility. By becoming a member of the Sams Rebates Cash Back Rewards
Program, 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. Participation in the Program
and its benefits are offered at the sole discretion of Sam's Rebates, and Sam's
Rebates 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. Any attempt to accumulate Cash back rewards by means of an automated machine
or computer, scripts, software computerized or automated process, or through
the use of multiple accounts is expressly prohibited. Sam's Rebates will cancel
one user's account and that user will forfeit all Cash back rewards earned if
they are found to be manipulating the system. Sam's Rebates reserves the right
to pursue such prohibited conduct to the fullest extent of the law.
3. The Program is currently available for purchases made through links on the
Sam's Rebates web site. (http://www.samsrebates.com).
You must have Internet access and a valid working email address to receive the
privileges and benefits of membership. Sam's Rebates is not responsible for
your inability to connect to the Internet, log into the Sam's Rebates Web site,
or access your Sam's Rebates 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 Sam's Rebates.
Sam's Rebates reserves the right to remove a member from the Program if they
are found to be "spamming". It is the sole discretion of Sam's Rebates
to determine if the user is "spamming".
ACCRUAL OF DISCOUNTS
5. Members will be credited, subject to the terms and conditions of this Agreement,
a percentage of the net purchases made by you at one of the Sam's Rebates online
Affiliated Merchants. The percentage will be enumerated on the Sam's Rebates
Web site beside the related 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. Sam's Rebates reserves the right to change the percentage
of the net purchases at any time with or without notice.
6. To be eligible for earning your cash back rewards you must make a "Qualified
Purchase". The purchase is deemed a "Qualified Purchase" if and
only if all of the following criteria are satisfied:
1) "Cookies" must be enabled on your Web browser.
2) All potential Qualified Purchases must be purchased by clicking on the Affiliated
Merchant's link that appears on the Sam's Rebates Web site and being successfully
connected to the Affiliated Merchant's Web site based upon that click.
3) In order to assure that every sale can be tracked correctly by Sam's Rebates,
users must not alter any links which will result in invalidating your purchase
and your purchase will not be deemed a Qualified Purchase.
4)All purchases must be started and completed in one shopping session within
the Sam's Rebates shopping program. If you start a purchase, then complete it
in a different session, you will be ineligible for a rebate.
5)Using coupons not listed on the Sam's Rebates website is not deemed a Qualified
Purchase.
6)Items must not be returned or cancelled . If they are, the initial purchase
will be invalidated and not be deemed a Qualified Purchase.
7. It is the sole discretion of Sam's Rebates to determinate whether a purchase
made through a Sam's Rebates Affiliated Merchant is a "Qualified Purchase"
or not.
8. "Account Activation" is completed upon the making of a Qualified
Purchase at any Sam's Rebates merchant site. In case of return or cancellation,
Sam's Rebates retains the right to reverse account credit.
9. 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 Sam's Rebates at its sole discretion. In the event that a Participating
Merchant shall withhold any portion of the fees payable to Sam's Rebates on
account of a Qualified Purchase, Sam's Rebates reserves the right to withhold
the same amount from the Cash Back Rebates credited to your account based on
such purchase.
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. 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.You are responsible for taking care of your account balance on a regular
basis and for checking to ensure that all rewards have been made correctly.
If you do not believe that a cash back rebate has been correctly credited to
your accout you must inform Sam's Rebates Customer Service Center within 60
days. If you don't contact us, you shall be deemed to agree that your account
balance is accurate.
Furthermore, all cash back rewards earned by Members are subject to review.
Necessary adjustments may be applied to Member accounts at any time by Sam's
Rebates 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.
Sam's Rebates 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.
12. Sam's Rebates 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.
13.Sam's Rebates adds online coupons by our administrative staff
on a daily basis. Sam's Rebates 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 valid. If you
choose to use coupons and specials that are not listed on the Sam's Rebates
site, we cannot guarantee that you will be eligible to receive Sam's Rebates
cash back rewards 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 Sam's Rebates. 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. Your Cash Back Rebate information from a Qualified Purchase will be posted
to the Pending section of your personal account within 30 days from notice thereof
to Sam's Rebates by an Affiliate Merchant.
16.Your Pending Cash Back Rebate balance, adjusted for returns or other such
variables will be moved to Available section of your personal account within
approximately 60 days. All cost approximately 90 days.
17. Sam's Rebates will inform you when you have more than $25.00 in Available
Cash Back Rebate section of your account and ask for your postal address. After
you receive our notification you are eligible for request of payment check.
Sam's Rebates will mail the check on or around every month 1st.
18. If your available cash-back rebate is less than 25$ when you unsubscribe
from Sam's Rebates Cash Back Rewards Program, you forfeit your cash-back rebates
from Sam's Rebates.
19.You are responsible for keeping 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 Sam's Rebates. Sam's Rebates can pay you by putting your savings
in your PayPal account as well. If an error occurs in payment, Sam's Rebates
Customer Service Center will assist members in determining the cause of any
non-payment, be it by PayPal or check. Sam's Rebates 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. Sam's Rebates is not responsible for lost mail or any
other event beyond Sam's Rebates control that would prevent the user from receiving
their payment check.
20. Your password setted during registration process will access your Sam's
Rebates account. You must be logged into Sam's Rebates account with your password
to change your account settings, payment preferences or to verify transfers,
check account balances, account status and modify your account information.
21. By becoming a member of the Sam's Rebates Cash Back Rewards Program, you
have entitled Sam's Rebates 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. Sam's Rebates is
not responsible for any credits or debits made to your account by someone else
who uses your password.
DISCLOSURE OF ACCOUNT INFORMATION
21. Sam's Rebates is only entitled to disclose to third parties information
you have provided, or information that Sam's Rebates has obtained about your
Sam's Rebates account or shopping behavior:
(1) to agents and licensors of Sam's Rebates or its affiliates, such as independent
auditors, consultants or attorneys;
(2) To comply with government agency or court orders or requests;
(3) In providing aggregated and non-personalized marketing services for an advertising
or merchant partner;
(4) Where it is necessary for redemption or transfer of your cash back rewards.
Further, you authorize Sam's Rebates to receive any account information from
any Affiliate Merchant including, but not limited to information regarding purchase
was made, products ordered, order number, the time and date the purchase occurred,
the email address entered for the purchase. You agree to hold the Affiliated
Merchant harmless for any information disclosed to Sam's Rebates.
22.The sale, transfer, lending, exchange, pooling or barter of any Cash Back
Rebates, other than by Sam's Rebates, is expressly prohibited. Any Cash Back
Rebates 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 Cash Back Rebates.
23. By signing up for membership at Sam's Rebates, you agree to receive communications
that are account and membership related as well as periodic shopping-related
emails that highlight coupons & special deals that are available to Sam's
Rebates members. You have the choice to opt our of receiving email newsletters
on coupons and deals simply. 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.
DISCLAIMER
24.THE PROGRAM IS BEING PROVIDED BY SAM'S REBATES "AS IS" AND "AS
AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY LAW, SAM'S REBATES 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.
25. YOU AGREE THAT SAM'S REBATES 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 SAM'S REBATES AND ITS MEMBERS,
OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, SUBSIDIARIES, AGENTS AND REPRESENTATIVES.
26. SAM'S REBATES 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. SAM'S REBATES DOES NOT MAKE ANY REPRESENTATIONS
THAT ACCESS TO THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND SAM'S REBATES
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
CASH BACK REBATES BY PURCHASING ITEMS WITH AN AFFILIATE MERCHANT.
27.IN NO EVENT SHALL SAM'S REBATES 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 SAM'S
REBATES IN ADMINISTERING THE PROGRAM; OR THE PURCHASE OR USE OF ANY GOODS OR
SERVICES OF MERCHANTS OR SUPPLIERS, EVEN IF SAM'S REBATES 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.
28.YOU AGREE TO INDEMNIFY AND HOLD SAM'S REBATES, 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 OR CHANGES
29. Sam's Rebates 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 Sam's Rebates during the registration process. Sam's Rebates will not be
responsible for failing to notify you of Program termination where such failure
is caused by any reason outside the control of Sam's Rebates, including an error
in your email program, an inaccurate email address, your failure to check for
your email online, or your failure to inform Sam's Rebates of a change in your
email address.
30. Sam's Rebates 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 Sam's Rebates 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.
31. 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 Sam's Rebates 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 Sam's Rebates account and/or forfeiture of your
accrued cash back rewards. Sam's Rebates 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 Sam's Rebates,
and we will no longer allow user login under that username and password.
DISPUTES/ERRORS
32. 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 Sam's Rebates at: Rebates Center,
Web Legend, Inc., 5313 Degas Ave, Temple City, CA 91780, or contact
Customer Service Center. Any such disputes shall be resolved by Sam's Rebates
at its sole discretion. All interpretations of Program Terms and Conditions
shall be at the sole discretion of Sam's Rebates. In the event that an error
is made by Sam's Rebates, your sole remedy shall be the credit of the disputed
cash back reward to your Sam's Rebates account.
MISCELLANEOUS
33. 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 Sam's Rebates website and service, you (the
Member) agree to submit to the personal and exclusive jurisdiction of the courts
located within the county of Temple, California and therefore agree to file
any grievance or suit of any kind exclusively in the courts located within the
county of Temple. 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. Sam's Rebates'
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 Sam's Rebates and the Affiliated
Merchants or between Sam's Rebates and any other of its Corporate Partners.
Neither the Affiliated Merchants nor any Corporate Partner shall have the ability
to create any obligation on Sam's Rebates' behalf. This Agreement constitutes
the entire agreement between you and Sam's Rebates with respect to the Program.
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