
First Shop® Cash Back Rebates utilizes commission-based
affiliate marketing from our merchant partners ("Affiliate
Merchants"). Our First Shop® Cash Back Rebates "Members" share in
these commissions via "Cash Back Rebates".
To ensure that you, as an
First Shop® Cash Back Rebates
"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 First Shop® Cash Back Rebates
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 First Shop® Cash Back Rebates rebates
program that allows registered members of First Shop® Cash Back Rebates to shop with
our "Affiliate Merchants" and earn "Cash Back Rebates" as a rewards system. The Program is offered for free and
is conferred as a benefit of membership of First Shop® Cash Back Rebates. You are
under no obligation to participate or redeem your Cash Back Rebates.
First Shop® Cash Back Rebates offers Cash Back Rebates by working with online
retailers utilizing affiliate marketing. As an First Shop® Cash Back Rebates
Member, you will be automatically credited, subject to this Agreement,
a specified amount of Cash Back Rebates of the net
purchases or a specified flat amount for purchases or offers made by you through the
First Shop® Cash Back Rebates website at merchants designated
by First Shop® Cash Back Rebates ("Affiliate Merchants"). In addition, you
may receive Cash Back Rebates for participating in such other
activities as may be designated by First Shop® Cash Back Rebates from time to time by
amendment to this Agreement setting forth the specific terms. Cash Back
Rebates that are earned by you as a result of a purchase from Affiliate
Merchants will be held in an account maintained by First Shop® Cash Back Rebates once the amount in your account
exceeds $25.00 US Dollars . You, as the user, must request payment through the
appropriate mechanism on the First Shop® Cash Back Rebates web site (There is a web
page under a user's account options to request payment.)
First Shop® Cash Back Rebates is not responsible for the products or services offered by
the Affiliate Merchants. First Shop® Cash Back Rebates 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 request your Cash Back Rebates until such time as the
Cash Back Rebates 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 Cash Back
Rebates by means of an automated
machine or computer, scripts, software computerized or automated
process, or through the use of multiple accounts is expressly
prohibited. First Shop® Cash Back Rebates will cancel a user's account and that user
will forfeit all Cash Back Rebates earned if they are found to be
manipulating the system. First Shop® Cash Back Rebates 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 First Shop® Cash Back Rebates 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
First Shop® Cash Back Rebates program via unsolicited email, direct mail, newsgroups,
message boards, or other means. First Shop® Cash Back Rebates reserves the
right to remove a member from the Program if they are found to be
"spamming". It is the sole discretion of
First Shop® Cash Back Rebates to determine if a user is "spamming".
EARNING CASH BACK REBATES
To be eligible for Cash Back Rebates 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
First Shop® Cash Back Rebates 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 Cash Back
Rebates. 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 First Shop® Cash Back Rebates link then that user has earned $2.00 in
their First Shop® Cash Back Rebates Account.
Certain cash-back 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, 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
First Shop® Cash Back Rebates "Affiliate Merchant" is a "Qualified Purchase" is at the sole discretion of
First Shop® Cash Back Rebates. First Shop® Cash Back Rebates is not responsible for tracking problems resulting from incorrect usage of the
First Shop® Cash Back Rebates site, from disabling cookies, or from any other failure of tracking mechanisms.
The appropriate Cash Back Rebate 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 First Shop® Cash Back Rebates by an Affiliate Merchant. Once we receive payment for your transaction and the return period defined by the Affiliate Merchant has expired, the Pending
Cash Back Rebates balance, adjusted for returns or other such variables, will be moved into the
Available Cash Back Rebates section of your account. Your Cash Back
Rebates, according to the amount indicated in the Available Cash Back
Rebates section of your account, will be eligible for request of
payment when you have exceeded $25.00 in your account.
Cash Back Rebates 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, First Shop® Cash Back Rebates retains the right to reverse account
credit. In addition, First Shop® Cash Back Rebates reserves the right to make
adjustments to Member accounts at any time in Rebateshare'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 First Shop® Cash Back Rebates on account of a Qualified
Purchase, First Shop® Cash Back Rebates reserves the right to withhold the same
amount from the Cash Back Rebates credited to your account based on
such purchase.
REQUESTING CASH BACK REBATES
You may request payment for your earned Cash Back Rebates that are designated as
"Available" in your account at any time when you have
exceeded $25.00 in your account through the designated form on the
First Shop® Cash Back Rebates web site. Rebate Payment Checks are paid once a month
usually on the last day of every month. The checks are then
mailed to the mailing address that the user supplies as part of the
payment request process. First Shop® Cash Back Rebates is not responsible for lost
mail or any other event beyond First Shop® Cash Back Rebates control that would
prevent the user from receiving their payment check.
USE OF ONLINE COUPONS
First Shop® Cash Back Rebates 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.
First Shop® Cash Back 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
present in the checkout process of an affiliate merchant.
Coupon codes obtained outside of the
First Shop® Cash Back Rebates website can nullify a cash-back rebate given for a
particular merchant. First Shop® Cash Back Rebates reserves the right to cancel any
cash-back rebate because of coupon codes that are used from external
sources other than First Shop® Cash Back Rebates.
All offers and promotions on this
site are subject to change without notice. First Shop® Cash Back Rebates 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. First Shop® Cash Back Rebates 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
First Shop® Cash Back Rebates 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 First Shop® Cash Back Rebates within 60 days of a Qualified Purchase
if you believe there has been a failure or error in the award of Cash
Back Rebates related to the purchase.
Furthermore, all accounts are subject to review. Necessary adjustments
may be applied to Member accounts at any time by First Shop® Cash Back 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. First Shop® Cash Back 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.
First Shop® Cash Back Rebates 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 Cash Back Rebates caused
by such changes, discontinuance, or withdrawal.
Members are responsible for redeeming Cash Back Rebates. There is no
automatic or periodic redemption.
First Shop® Cash Back Rebates is entitled to act on instructions received under your
password as an First Shop® Cash Back Rebates member and in connection with your
account. You are responsible for keeping your email address, passwords,
account numbers, and other account information confidential.
First Shop® Cash Back Rebates is not responsible for any credits or debits made to your
account by someone else who uses your password. First Shop® Cash Back Rebates 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. Cash Back Rebates
received under the Program may not be assigned or transferred to any
third party except as expressly permitted by First Shop® Cash Back Rebates in
writing. The sale, transfer, lending, exchange, pooling or barter of
any Cash Back Rebates, other than by First Shop® Cash Back 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.
You authorize First Shop® Cash Back Rebates to disclose to third parties information
you have provided, or information that First Shop® Cash Back Rebates has obtained
about your First Shop® Cash Back Rebates account: (i) to agents of First Shop® Cash Back Rebates 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 Cash
Back Rebates. You authorize First Shop® Cash Back Rebates 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 First Shop® Cash Back Rebates.
DISCLAIMERS AND LIMITATIONS ON LIABILITY
THE PROGRAM IS BEING PROVIDED BY First Shop® Cash Back Rebates "AS IS" AND
"AS AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY LAW,
First Shop® Cash Back 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.
YOU AGREE THAT First Shop® Cash Back 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
First Shop® Cash Back Rebates AND ITS MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, PARENTS,
SUBSIDIARIES, AGENTS AND REPRESENTATIVES.
First Shop® Cash Back 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.
First Shop® Cash Back Rebates DOES NOT MAKE ANY REPRESENTATIONS THAT ACCESS TO THIS SITE WILL
BE UNINTERRUPTED OR ERROR-FREE, AND First Shop® Cash Back 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.
IN NO EVENT SHALL First Shop® Cash Back 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 First Shop® Cash Back Rebates IN ADMINISTERING THE
PROGRAM; OR THE PURCHASE OR USE OF ANY GOODS OR SERVICES OF MERCHANTS
OR SUPPLIERS, EVEN IF First Shop® Cash Back 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.
YOU AGREE TO INDEMNIFY AND HOLD First Shop® Cash Back 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 AND MODIFICATION
First Shop® Cash Back Rebates 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 First Shop® Cash Back Rebates
to the email address specified in your account to redeem your Cash Back
Rebates. Notification of Program termination will be sent to the
email address provided to First Shop® Cash Back Rebates during the registration
process. First Shop® Cash Back Rebates 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 First Shop® Cash Back Rebates 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 CASH BACK
REBATES IN YOUR ACCOUNT AT SUCH TIME, HOWEVER AND WHENEVER ACCUMULATED,
WILL BE FORFEITED.
First Shop® Cash Back Rebates 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 First Shop® Cash Back 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.
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 First Shop® Cash Back Rebates by you or anyone acting on
your behalf may result in the termination of your account and the
forfeiture of all Cash Back Rebates.
DISPUTE RESOLUTION
All questions or disputes regarding the Program, including without
limitation, questions or disputes regarding eligibility for the
Program, or the eligibility of rebates for accrual or redemption, must
be submitted in writing within 60 days of the qualifying transaction,
to First Shop® Cash Back Rebates at the email address of support@First Shop® Cash Back Rebates.
Any such disputes shall be resolved by First Shop® Cash Back Rebates at its sole
discretion. All interpretations of Program Terms and Conditions shall
be at the sole discretion of First Shop® Cash Back Rebates. In the event that an
error is made by First Shop® Cash Back Rebates, your sole remedy shall be the credit
of the disputed Cash Back Rebates to your First Shop® Cash Back Rebates 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. First Shop® Cash Back Rebates'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 First Shop® Cash Back Rebates and the
Affiliate Merchants or between you and First Shop® Cash Back Rebates. This Agreement
constitutes the entire agreement between the Member and First Shop® Cash Back Rebates
with respect to the Program.