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ClickBee recommends that each member read this member agreement thoroughly prior to joining our program. It is your responsibility to read and understand the terms and conditions governing the ClickBee program, as well as regularly reviewing these terms and conditions as CLickBee reserves the right to change any of these terms and conditions, in whole or in part, at any time without notice.
Eligibility
1. Members must be 18 years of age or older.
2. Members must be human: no machines, scripts, or automated services. Each member may only maintain one account. Any duplicate accounts will be subject to cancellation.
3. Members must have Internet access and a valid email address to be eligible to receive correspondence or cash back. ClickBee is not responsible for a member's inability to connect to the Internet, log into ClickBee.net, or access your account.
4. ClickBee does not take part in, or support spamming by it's members. Refusal to abide by this or any other rules may result in a member's referrals being reversed or even cancellation of their account.
Membership and Joining Fee
5. ClickBee members will pay a one time joining fee for account setup. In addition, each member will pay an annual membership fee for the ClickBee service.
6. Each member will receive notification of annual membership due 30 days prior to their annual expiration date. If the member has not made a payment by the expiration date, they will receive one more notice. If payment of the annual membership still has not been made by the 14th day after expiration, the member account will be closed and deactivated.
7. Members are given the option to have their annual membership deducted from their current cash back balance if the balance is more than the annual membership due.
Accounting and Cash Back
8. Member's accounts will be credited with the percentage of a "net purchase" posted, associated with an affiliate store when the "qualifying purchase" has been made, and the affiliate store was accessed via the ClickBee.net website.
9. A "net purchase" is defined as the total amount paid to the store minus tax, shipping, promotional credits, returns, cancellations, transaction fees and gift wrapping or as defined on the Affiliated store's Web site.
10. A "qualifying purchase" is defined as a purchase initiated by clicking on an affiliate link on the ClickBee website and must be started and completed in one shopping session after the member clicks through this affiliate link. "Cookies" must be enabled on the member's browser for all parties involved in the transaction. Any purchase completed during a different shopping session, or paid for with coupons only, will not be deemed a "Qualifying Purchase".
11. ClickBee members are bound by all membership and operating agreements as they relate to these affiliate or partner programs. These terms which should be viewed by ClickBee members prior to making a purchase are readily available on affiliate websites, and hereby incorporated into this Agreement by reference.
12. ClickBee may at times rule that a purchase made is not deemed to be a "Qualifying Purchase", and all cash back rewards earned by members are subject to review and necessary adjustments may be applied at ClickBee's sole discretion. ClickBee also has the right to terminate any accounts for abusive or fraudulent activity, or if a member is no longer reachable at the email address provided, and their annual membership is 14 days overdue.
13. ClickBee has the right to cancel a cash back reward associated with a transaction when an affiliate store fails to report that transaction to ClickBee, or withholds payment to ClickBee for a particular reason. Again, ClickBee members are subject to adjustments of cash back rewards for returns, cancellations, and other events. This is done at the sole discretion of ClickBee.
14. You may be taxed on your cash back rewards depending on the amount due and the Federal and State tax laws. Members will be notified when such time arises, and ClickBee may require a member to provide additional tax information for payment to be completed.
15. In all instances, ClickBee members will be solely responsible for any and all tax liability resulting from the accrual and redemption of cash back rewards.
16. There are a number of purchases that are not eligible for cash back rewards according to the affiliate store's terms and conditions. ClickBee will attempt to provide its members up-to-date information reflecting these items, but it is the sole responsibility of a ClickBee member to read and understand the terms of the affiliate store accordingly. ClickBee reserves the right to cancel the cash back reward associated with these transactions.
17. Each ClickBee member is responsible to check their account regularly to ensure that cash back rewards have been properly credited and that their account balance is accurate. Some affiliate stores may take up to 14 days to account for transactions. If you do not believe that a cash back reward has been correctly credited to your account you must contact ClickBee Customer Service within 90 days of the transaction.
18. ClickBee is not responsible for changes to, or discontinuance of, any Affiliated Store, or for any Affiliated Store withdrawal from the Program, or for any effect on accrual of cash back rewards caused by such changes, discontinuance, or withdrawal. ClickBee is not responsible for changes to, or discontinuance of, any special offer or coupon code at an Affiliated Store 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 our site, we cannot guarantee that you will be eligible to receive a ClickBee cash back reward on your purchases.
Payment Schedule
19. Money earned through the referral program will be paid along with regular cash back rewards. 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.
20. ClickBee members will be paid any accrued cash back and referral bonuses every 3 months. To receive a payment, member's accumulated balance must be more than $25 on the 14th day prior to our registered distribution dates. If the balance at this date is not over $25, the member's balance will be carried over to the next payment period.
Distribution dates
March 15 June 15 September 15 December 15
21. Some cash back payments may not be paid according to the above schedule and may be held for up to 90 days based on the Affiliated Store return and cash back policy. ClickBee reserves the right to delay payments based on changes to affiliated store return and commission procedures at any time.
22. Each member is responsible to keep their account information current in order to facilitate the proper payment of their cash back rewards and referral bonuses. ClickBee is not responsible for any misapplied payments or payments sent to the wrong address if these errors were caused by inaccurate email and contact information provided by the member.
Account And Password
23. Each member will select their own password which will allow the member to access their ClickBee account and make any changes, verify transfers or posting of cash back rewards or referrals.
24. ClickBee is entitled to act on instructions received from a member once logged in using their secure password. It is each member's responsibility to keep all passwords, and contact information confidential. ClickBee is not responsible for any credits or debits made to a member's account by someone else using their password.
Disclosure Of Account Information
25. You authorize ClickBee to only disclose to third parties information you have provided, or information that ClickBee has obtained about your account or shopping behavior: (i) to agents and licensors of ClickBee 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 store partner, or (iv) where it is necessary for redemption or transfer of your cash back rewards. Further, you authorize ClickBee to receive any account information from any Affiliated Store 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 Store harmless for any information disclosed to ClickBee. You allow ClickBee to collect and use non- personalized marketing information regarding visits and related to purchases made from internet commerce sites.
26. Each member will receive a Subscription Notice 30 days prior to their annual membership being due.
27. By becoming a member, you agree to receive any account information ClickBee deem to be important account information. Once logged in, members are able to choose to receive the "Monthly Cash back Statement", "Weekly Buzz" message, and "Service Updates or Outages" individually.
Disclaimer
28. The ClickBee website and service is provided to members "as is" with no warranty. To the maximum extent permitted by law, ClickBee disclaims all representations and warranties, express or implied, with respect to the program, including, but not limited to, implied warranties of stores, ability and fitness for any particular purpose and implied warranties arising from course of dealing or course of performance.
29. ClickBee 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 stores or suppliers in conjunction with the program. In addition, although ClickBee intends to take reasonable steps to prevent the introduction of viruses or other destructive materials to the ClickBee web site, ClickBee does not warrant, guarantee or make any representations that this site is free of destructive materials. In addition, ClickBee does not warrant that access to this site will be uninterrupted or error-free, and ClickBee assumes no responsibility for any damage caused by your access, or inability to access, this site including, but not limited to, your inability to accrue cash back rewards by purchasing items with an affiliated store.
Limitation Of Liability
30. In no event will any other company with which ClickBee has a corporate partnering relationship, including without limitation, co-branding, co-marketing, joint development, a store relationship, or a licensing or supplier relationship (each a "corporate participant") be liable to you for non-performance of ClickBee obligations. You agree not to sue any corporate participant for non-performance by ClickBee. In no event shall ClickBee 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 ClickBee in administering the program; (iii) the use or inability to use this web site; (iv) the purchase or use of any merchandise, products, or services of stores or suppliers, even if ClickBee, 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.
31. Member agrees to indemnify and hold ClickBee, 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.
Program Termination Or Changes
32. ClickBee reserves the right to terminate the Program at any time with notice. Notification of Program termination will be sent to the email address you provide to ClickBee during the registration process. ClickBee will not be responsible for failing to notify you of Program termination where such failure is caused by any reason outside the control of ClickBee, including an error in your email program, an inaccurate email address, your failure to check for your email online, or your failure to inform ClickBee of a change in your email address.
33. ClickBee 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 Terms & Conditions page of the ClickBee 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.
Member Termination and Cancellation
34. 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 ClickBee 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 ClickBee account and/or forfeiture of your accrued cash back rewards. Any deactivated account loses accrued funds and Program access.
35. Members may choose to cancel and terminate their account by contacting the ClickBee customer service with a minimum of 24 hours notice. No refund for joining, or annual membership fee will be given if the member chooses to terminate, or if ClickBee has deemed the account closed due to fraud or abuse.
Disputes and Errors
36. 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 communicated to the ClickBee Customer Service within 90 days of such transaction. Any such disputes shall be resolved by ClickBee at its sole discretion. All interpretations of Program Terms and Conditions shall be at the sole discretion of ClickBee. In the event that an error is made by ClickBee, your sole remedy shall be the credit of the disputed cash back reward to your ClickBee account.
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 ClickBee website and service, you (the Member) agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Los Angeles, California and therefore agree to file any grievance or suit of any kind exclusively in the courts located within the county of Los Angeles. 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. ClickBee'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 ClickBee and the Affiliated Stores or between ClickBee and any other of its Corporate Partners. Neither the Affiliated Stores nor any Corporate Partner shall have the ability to create any obligation on ClickBee's behalf. This Agreement constitutes the entire agreement between you and ClickBee with respect to the Program.
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