Effective Date: January 1, 2008
DirectGiftCardPromotions, LLC
MEMBERSHIP AGREEMENT FOR eSurveyPanel
Revised January 1, 2008
PLEASE CHECK THIS PAGE FREQUENTLY FOR UPDATES. THE CURRENT VERSION OF THESE TERMS AND CONDITIONS APPLY EACH TIME YOU USE THE SITE.
PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. THIS DOCUMENT CONTAINS A DISPUTE RESOLUTION CLAUSE.
This Membership Agreement ("Agreement"), is made by and between DirectGiftCardPromotions, LLC. ("DirectGiftCardPromotions, LLC," "We," "Us," or "Our"), a
UPON YOUR ENROLLMENT OR ATTEMPTED ENROLLMENT IN THE eSurveyPanel MEMBERSHIP REWARDS PROGRAM AS DESCRIBED HEREIN, YOU AGREE TO THESE TERMS AND CONDITIONS. PLEASE READ THESE TERMS CAREFULLY. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OR CONDITIONS, OR IF ANY OR ALL OF THE FOLLOWING ARE PROHIBITED WITHIN YOUR JURISDICTION, DO NOT ACCESS OR OTHERWISE USE THIS WEBSITE, THE PRODUCTS, OR ANY INFORMATION CONTAINED ON THIS WEBSITE. YOUR ACCESS TO AND USE OF THIS WEBSITE CONSTITUTE YOUR AGREEMENT TO ABIDE BY, AND UNDERSTANDING OF EACH OF THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU HAVE ANY QUESTIONS, VISIT THE "CONTACT US" SECTION OF OUR WEBSITE TO SUBMIT QUESTIONS TO OUR CUSTOMER SERVICE REPRESENTATIVES.
1. MANDATORY ARBITRATION
You understand and agree that all claims, disputes, or controversies between You and DirectGiftCardPromotions, LLC and its parents, subsidiaries or related companies, including but not limited to tort and contract claims, claims based upon any federal, state, or local statute,law, order, ordinance, or regulation, and the issue of arbitrability, shall be resolved by final and binding arbitration using the American Arbitration Association's (AAA) Commercial Arbitration Rules (AAA Rules) in effect on the date of initiation of the arbitration, except as to those AAA Rules that conflict with or differ from this Agreement, by one or more arbitrators appointed in accordance with the said rules at a location determined by the arbitrator(s). Any controversy concerning whether a dispute is arbitrable shall be determined by the arbitrator(s) and not by the court. Judgment upon any award rendered by the arbitrator(s) may be entered by any state or federal court having jurisdiction thereof. This arbitration contract is made pursuant to a transaction in interstate commerce and its interpretation, application, enforcement, and proceedings thereunder shall be governed by the Federal Arbitration Act, 9 U.S.C. Sec. 1-16 ("FFA"). NEITHER YOU NOR WE SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER CONSUMERS OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The parties voluntarily and knowingly waive any right they have to a jury trial.
2. STEPS TO ENROLL
2.1 How to Enroll. To enroll in the Program, click on "Submit" on the Website and follow the steps to register and answer the Survey Questions. If You are accepted as a Member of the Program and meet all the requirements provided in this Agreement and on the Website, You may earn special partner offers, credit, points and/or rebates in Your account, as applicable to the Program (each a type of "Credit") for shopping or from signing up for offers located on Our Website from the merchants that advertise on Our Website ("Sponsors").
2.2 Accurate Information. In consideration of Your use of the Program, You agree to provide true, accurate, and current information about Yourself as prompted by the registration and Survey Questions pages on Our Website, and agree to promptly update such information in Your account within the account section of the Website should it change or should additional information be required by DirectGiftCardPromotions, LLC or applicable law. We reserve the right to request verification of, and You agree to be subject to verification of, any of the information provided by You for enrollment with and continued use of the Membership.
2.3 Refusal of Enrollment. To the full extent allowed by applicable law, We, at Our sole discretion and for any or no reason, may refuse to accept applications for Membership. Employees and others living in the same household as employees of DirectGiftCardPromotions, LLC or its parent company and its subsidiaries are not eligible for Membership in the Program.
2.4 Company Rewards Program, Newsletter and Other Emails. By signing up for the Program, You are opting-in to Our rewards program and to receive Our newsletters by email, other special offer emails, and/or third-party emails. If You do not wish to receive these emails, You may opt-out at any time, by following the directions in the newsletter/email or within the account section of the Website. You may later elect to opt-in again by updating Your account within the account section of the Website.
3. REQUIREMENTS FOR MEMBERSHIP
3.1 Requirements; Termination. To enroll in and maintain a Membership in the Program, You must meet the basic requirements listed below. We reserve the right to terminate the Membership of anyone who fails to meet these requirements on an ongoing basis. If Your Membership is terminated for any reason, Your account will be closed and its contents eliminated, and under no circumstances will You collect compensation or remuneration.
3.2 Age. By registering on this Website, You certify that You are eighteen (18) years of age or older.
3.3 Approved Locations. The Program is currently available only in the
3.4 Inaccurate Information. If any information You provide is untrue, inaccurate, incomplete or not current, or if DirectGiftCardPromotions, LLC has reasonable grounds to suspect that such information is untrue, inaccurate, incomplete or not current, DirectGiftCardPromotions, LLC, at its sole discretion, has the right to suspend or terminate Your Membership or account and refuse all current or future access to the Website and use of the Membership or account or suspend or terminate any portion thereof. We are not responsible for lost Credit, payments, mail or communications due to Your failure to provide valid contact information or other accurate information.
3.5 Cookies. Members must have cookies enabled. Members must access Our Sponsors' sites (where offers may be completed) through the Website. These conditions are mandatory so that the Sponsor will know that You used Our Website to reach the respective Sponsor's site.
3.6 Accounts Are Non-Transferable. Your password and account are personal to You and are not transferable. You may not allow anyone else to use Your password or account or to receive Credit earned by You. You may not use anyone else's password or account or act to accrue Credit for anyone else's account. You are responsible for keeping Your account information secret. DirectGiftCardPromotions, LLC will not be liable for losses that are incurred through the use of Your account by a third party or the disclosure of Your password or account information.
3.9 Member Etiquette. You shall not tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security, or proper function of any part of DirectGiftCardPromotions, LLC Website. You shall not use robots, scripts, spiders, or crawlers or similar devices with the DirectGiftCardPromotions, LLC Website. Violation by You will result in termination of Membership, loss of all accrued Credit and being barring from future participation with the Program. Any decision made by DirectGiftCardPromotions, LLC relating to termination of any Membership in cases of suspected abuse or violation of its rules shall be final and binding.
3.10 Your Relationship To DirectGiftCardPromotions, LLC. By providing the Membership information to enroll in or maintain a Membership in the Program, You are applying to receive a service. Your relationship to DirectGiftCardPromotions, LLC is one of an independent contractor and/or customer. No employee-employer relationship is created by Your use of the Website.
4. OFFER COMPLETION REQUIREMENTS
4.1 Number of Offers. Members must complete the following number of sponsor offers per gift value:
$20-49 value - Complete 2 Platinum Sponsor Offers
$50-$250 value - Complete 1 Silver Sponsor Offer, 1 Gold Sponsor Offer, 1 Platinum Sponsor Offer
$251-$600 value - Complete 1 Silver Sponsor Offer, 1 Gold Sponsor Offer, 2 Platinum Sponsor Offer
$601-2,500 value - Complete 2 Page 1 Offers, 2 Page 2 Offers, 2 Page 3 Offers, 2 Page 4 Offers
4.2 Credit Offers. Members will be limited to accumulating Credit toward the applicable gifts or other rewards in the Program by completing the required number of offers per group/category. The number of offers per group/category and the conditions for completion are as defined within the Website. For example, if You complete two (2) credit card offers within a group or category within a site where You are only required to complete one (1) offer, You will only receive Credit for one (1) offer. No Member will be given additional Credit if he/she completes more than the required number of offers per groups/categories provided on the Website. If you complete a specific offer more than once, You will receive Credit for only one (1) offer. We reserve the right to deduct or remove additional Credit from Your account if You do not comply with all applicable conditions. Violations may result in termination of Membership, loss of all Credit, and being barred from future participation in the Program and DirectGiftCardPromotions, LLC's online properties.
4.3 Waiting Period. You must remain an active member for at least 30 days and observe a 30 day waiting period for completion of all Sponsor offers.
4.4 Credit Card Offers. For completion of credit card offers, the card must be activated and used by making a purchase, performing a balance transfer or acquiring a cash advance. You may complete only one (1) Discover® Card application as part of this Program.
4.5 Monitoring Your Account For Accrued Credits. You may view Your account status on the Website. The account information is updated as Credit is accrued and notice is given to DirectGiftCardPromotions, LLC. Following the completion of an offer, this process may take up to 30 days. Your patience is appreciated. If You have a question about Your account status please email support@esurveypanel.com
4.6 Accounts Subject to Change. Accounts and Credit are subject to changes for returns, cancellations, and other events. We can make these changes to Member accounts at Our sole discretion. If You disagree with the changes made, Your sole option is to cancel Your Membership.
5. REDEMPTION REQUIREMENTS
5.1 Eligibility Requirements. In order to redeem a gift or other reward after proper completion of the required number of offers in the applicable Groups/Categories, You must be a member of Our rewards program, as well as timely provide and submit the following to DirectGiftCardPromotions, LLC as indicated on the Website: (a) Your email address which has been verified, (b) Your current mailing address, (c) Your correct name, and (d) Our Redemption Request Form completed by You. These conditions are mandatory so that We can verify that the gift or reward is sent to the correct person. The gift or reward will not be awarded or sent until these conditions are met.
5.2 Redemption Time Limit. A link to the Redemption Request Form will appear in Your account within 10 days after You have completed all eligibility requirements to redeem Your gift. To obtain Your gift or reward, You must submit a the Redemption Request Form to DirectGiftCardPromotions, LLC within 120 days from the date of your initial enrollment in the Program. Any Redemption Request Form that is postmarked after 120 days does not meet the conditions for eligibility, and DirectGiftCardPromotions, LLC will not be obligated to award the gift or reward. Fulfillment based on a submission after 120 days is at the sole discretion of DirectGiftCardPromotions, LLC.
5.3 Gifts In Excess Of $600.00. Should the value of Your gift or reward exceed Six Hundred Dollars ($600.00), You will be provided with an IRS W-9 form which You must return to DirectGiftCardPromotions, LLC to be eligible to receive such a gift or reward. DirectGiftCardPromotions, LLC must have received Your completed IRS W-9 form for IRS reporting purposes before it may award or send Your gift or reward.
5.4 Shipment of Gifts. Once You have met all the eligibility requirements, DirectGiftCardPromotions, LLC will award Your gift or reward and ship it to the mailing address You provided. Allow 6 to 8 weeks for delivery.
6.1 Fulfillment. We are responsible for all gift and reward fulfillment. You agree not to contact Our Sponsors or companies producing the gifts or rewards regarding the status of any gift or reward. Limit of one (1) gift per person or household. In the event a gift or reward is not received or arrives damaged or inoperable, contact DirectGiftCardPromotions, LLC' customer service at support@esurveypanel.com.
6.2 Substitution. DirectGiftCardPromotions, LLC reserves the right to substitute any gift or reward with another gift or reward of equal or greater value and of the same or similar purpose.
6.3 Physical Mailing Of Gifts. Currently, the only way to receive gifts or rewards from DirectGiftCardPromotions, LLC is via the mailing address provided by You on the Redemption Request Form on the Website. In some cases, DirectGiftCardPromotions, LLC may not be able to ship to P.O. Boxes. In the future, We may initiate alternative methods of delivering gifts or rewards (e.g., issue a credit to a credit card). We reserve the right to charge a fee for continued mailing of gifts or rewards after that time.
6.4 Shipping And Processing Fees. DirectGiftCardPromotions, LLC reserves the right to pass on shipping and processing fees to You following repeated unsuccessful attempts to deliver Your gift or reward.
6.5 Cash Value. Unless otherwise stated, there is no cash redemption value for any type of Credit, including without limitation "fast cash," points, rewards or Credit, at any time or for any reason, upon termination or cancellation of Membership or at any other time.
6.6 Your Relationship With Sponsors. We do not warranty, guarantee, or insure the quality of any product or service offered by any of the Sponsors. Your relationship with Sponsors for whom We deliver offers on Our Website, including completion of offers, payment for and delivery of related goods or services, entry into and operation of promotions, discounts or contests, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such Sponsor. You agree not to hold DirectGiftCardPromotions, LLC liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the content provided by such Sponsors through the Program. When You complete offers, You may be providing information to the Sponsor on its Website, and You should review the terms and conditions and privacy policy applicable to that Website.
7. INTELLECTUAL PROPERTY
You acknowledge and agree that (a) all text, pictures, graphics, logos, button items, images, works of authorship and other information and all revisions, modifications, and enhancements thereto ("Content") is the copyrighted work of DirectGiftCardPromotions, LLC or its third party content suppliers and is protected by copyright laws, (b) eSurveyPanel's name, the domain www.##microsite domain name#, the eSurveyPanel logo, all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of DirectGiftCardPromotions, LLC (collectively, "Marks"), and (c) all other trademarks, product names, company names or logos on the Website are the property of their respective owners. In addition to agreeing to comply with all applicable laws, You agree You will not use any such Content or Marks from this Website for any purpose without the appropriate prior written authorization.
8. TERMINATION AND CANCELLATION
8.1 Termination DirectGiftCardPromotions, LLC, at Our sole discretion, may terminate any Membership without prior notice for any reason or no reason at all, including without limitation, for (a) any violation of any provision of this Agreement; (b) aiding in or promoting circumvention of the Program; (c) acting against Our business interests or reputation; (d) otherwise acting unlawfully in relationship to DirectGiftCardPromotions, LLC, the Website or the Program; or (e) inactivity (defined as the failure to earn any Credit in Your account) for a continuous six-month period. If We terminate Your Membership, You may not re-enroll or join under a new Membership unless DirectGiftCardPromotions, LLC formally invites you to do so.
8.2 Loss of Credit If We terminate a Member's account for any reason, We may refuse to acknowledge some or all of the Credit to the terminated Member's account if such amounts were earned in violation, or after violation, of this Agreement or were otherwise unlawfully obtained by the Member.
8.3 Cancellation You may cancel Your Membership at anytime by notifying Us at support@esurveypanel.com or through the Website. If You decide to cancel Your Membership and later become re-enrolled, You will be assigned a new account number.
8.4 End of Program We may cease offering the Program and/or the Website at any time and for any reason, in Our sole discretion. Upon cessation of the Program or Website, we will ship any gifts or rewards previously awarded, but all Credits in Your account for which You have not yet become eligible for any gift or reward may be cancelled in Our discretion, or We may transfer such Credit to any other Program or Website in Our discretion.
9. WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE PROGRAM IS AT YOUR SOLE RISK. THE PROGRAM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED BY LAW, CUSTOM OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE PROGRAM OR ANY TRANSACTIONS ENTERED INTO THROUGH THE PROGRAM.
10. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU UNDERSTAND AND AGREE THAT DirectGiftCardPromotions, LLC, INCLUDING DirectGiftCardPromotions, LLC's PARTNERS, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, PARENTS, SUCCESSORS, AND THEIR SUPPLIERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS FEES, EXPENSES, AND COURT COSTS) RESULTING FROM YOUR BREACH OF THIS AGREEMENT, YOUR OMISSIONS, YOUR FAILURE TO ABIDE BY ALL APPLICABLE LAWS, RULES, OR REGULATIONS, OR IN ANY WAY CONNECTED TO YOUR ACCESS TO, USE OF, OR INABILITY TO USE THE WEBSITE, PROGRAM, PRODUCTS, ACCOUNT, MEMBERSHIP BENEFITS, CONTENT OR SOFTWARE, OR FROM YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE UPON ANY LINKED WEBSITE, EVEN IF DirectGiftCardPromotions, LLC, OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. SOME JURISDICTIONS EITHER DO NOT ALLOW OR PLACE RESTRICTIONS UPON THE EXCLUSION OR LIMITATION OF DAMAGES IN CERTAIN TYPES OF AGREEMENTS; FOR THESE JURISDICTIONS, THE AFOREMENTIONED LIMITATION ON LIABILITY SHALL BE TO THE MAXIMUM DEGREE PERMITTED BY APPLICABLE LAW. IF, NOTWITHSTANDING THE ABOVE, LIABILITY IS IMPOSED UPON DirectGiftCardPromotions, LLC, THEN YOU AGREE THAT DirectGiftCardPromotions, LLC's TOTAL LIABILITY FOR ANY OR ALL YOUR LOSSES OR INJURIES FROM DirectGiftCardPromotions, LLC's ACTS OR OMISSIONS, REGARDLESS OF THE NATURE OF THE LEGAL OR EQUITABLE CLAIMS ALLEGEDLY VIOLATED, SHALL NOT EXCEED THE VALUE OF ANY GIFT OR REWARD YOU EARNED THROUGH THIS SITE OR, IF YOU HAVE NOT EARNED A GIFT OR REWARD THROUGH THIS SITE, $300.
11. GOVERNING LAW AND OTHER TERMS
11.1
11.2 Enforceability; No Assignment. If any part of this Agreement is held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect. This Agreement is personal to You and You may not transfer, delegate, or assign this Agreement, Your Membership or other benefits You may receive as a Member to anyone. Any attempt by You to assign or delegate this Agreement shall be null and void. We may assign this Agreement at Our sole discretion.
11.3 Other Documents. This Agreement may NOT be altered, supplemented, or amended by the use of any other document(s) unless otherwise agreed to in a written agreement signed by both DirectGiftCardPromotions, LLC and You.
12. SECURITY
12.1 Standard Procedures. To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, We have used appropriate industry standard procedures to protect the confidentiality of Your personal information, such as firewall, encryption, application proxies, monitoring technology, and adaptive analysis of network traffic to track abuse of Our network and its data. However, no data transmitted over the Internet can be completely secure. As a result, while We strive to protect Your personal information, We cannot guarantee the security of any information that You transmit to Us or from Our sponsors and You do so at Your own risk.
12.2 No Tampering. You agree not to tamper with the proper functioning and tracking of the Website or Program. Emulating or "faking" search usage and Website visits will lead to termination of Your account and may lead to legal action.
12.3 Unauthorized Use. ANY UNAUTHORIZED USE OR ENTRY INTO A DirectGiftCardPromotions, LLC WEBSITE IS PUNISHABLE BY LAW, AND WILL BE PROSECUTED TO THE FULL EXTENT OF THAT LAW.
13. ENTIRE AGREEMENT
This Agreement, the Privacy Policy, and other terms, conditions and policies DirectGiftCardPromotions, LLC may post on this Website constitute the entire Agreement between You and Us in connection with Membership in Our Program and supersede all prior agreements between the parties regarding the subject matter contained herein. This Agreement, the Privacy Policy, and other terms, conditions and policies DirectGiftCardPromotions, LLC may post on this Website shall be read to be mutually consistent wherever possible. In the event of any conflict, this Agreement and the Privacy Policy will control over the Website. No failure of either party to exercise or enforce any of its rights under this Agreement will act as a waiver of such rights.
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