These Terms and Conditions were last updated on January 10, 2022.
Each time you use the Site or the Services, the then-current version of the Policies will apply. If you use the Site or the Services after a modification of these Terms, you agree to be bound by the Terms as modified.
These Terms contain important information regarding your rights with respect to the Site and the Services, including your relationship with us, and include an arbitration provision that may limit your ability to pursue claims against us in court. Please read them carefully and review them regularly.
When you use the Services, you represent that you are at least the age of majority in the jurisdiction where you reside.
You represent that any information you submit to us when using the Services is accurate, truthful, and current. You also represent that your use of the Services does not violate any applicable law or regulation. If we discover that you have violated these rules, we will terminate your access to the Services.
Certain of the Services or portions of the Site may require you to register for an account (“Account”), becoming a “Registered User”. As part of the Account creation process, you may be asked to provide a username and password unique to the Account (“Login Information”). You are responsible for the confidentiality and use of your Login Information and agree not to transfer or disclose your Login Information to any third party other than an individual with express authority to act on your behalf. If you suspect any unauthorized use of your Account, you agree to notify us immediately. You are solely responsible for any activities occurring under your Account. You have no ownership right to your Account. If you are registering an Account as the authorized user of an organization, that organization may have administrator rights to access your account and any information provided under your Account.
The Services may include a program (the “Rebate Program”) that allows registered users to earn rebates (“Rebates”) for purchasing a Merchant Product (as hereinafter defined) on a selected online retailer (“Online Retailer”) applicable to that Offer. In order to earn a Rebate, the participating purchaser (the “Consumer”) must select an offer for a Merchant Product on the site (an “Offer”). The Offer will link to the Merchant Product page on the Online Retailer’s platform, and the Consumer must follow the Offer’s link and purchase from that link in order to qualify to receive a Rebate. Each Offer will specify the percentage rebate available on the sale price of the Merchant Product. Once the Consumer completes the purchase of the Merchant Product, the Consumer must enter the order number on the Site, at which point the Consumer will be eligible to earn the listed Rebate. The Company may limit the number of rebates a Consumer may redeem per month.
Rebates will be payable via check or direct deposit. In order to be eligible for direct deposit, Consumers must have redeemed at least two Offers and their Account must be at least five weeks old. Direct deposits are subject to a $1 fee. If you are a Consumer, you acknowledge and agree that we are not responsible for incorrect payment information you enter.
f we determine that a Consumer deliberately seeks a Rebate and then cancels the order or seeks a refund from the Merchant, purchases a Merchant Product with intent to resell, creates multiple Accounts, or otherwise fraudulently obtains a Rebate, we will suspend or terminate the Consumer’s Account(s) and reserve the right to recover funds through ACH chargeback or other means.
If you are the seller of a product (“Merchant”), you can create an Offer for a product (a “Merchant Product”) you sell on an Online Retailer. During the Offer creation process, you can select the rebate percentage for the Offer and the maximum quantity of Merchant Products available for a given Offer (the “Max Quantity”), and the maximum quantity per day, among other things. The rebate percentage multiplied by the total price of the product is the “Rebate Amount”. When you launch an Offer, you will be charged for the Rebate Amount multiplied by maximum quantity for one day. Any Rebate Amounts attributable to unredeemed rebated will be carried over to the next day.
The Services include the ability for Merchants to create discount codes to be clipped and used by shoppers for an instant discount (“Discount”). During the Discount creation process, you can select the discount percentage for the Discount. The platform will generate a discount code, which the Merchant must set up with the Online Retailer.
The Services include the ability for Merchants to create and influencer campaigns with Rebaid’s network of influencers. Merchants can create an influencer campaign from their seller dashboard by entering information about their product category and campaign goals. Merchants can select from the list of influencers in Rebaid’s network who match the Merchant’s criteria and budget. Rebaid does not guarantee that the selected influencer will accept the campaign. Once the influencer is selected, the influencer’s fee is paid, and the influencer accepts the campaign, Rebaid will work with Merchant and the influencer to facilitate the launch of the campaign. The campaign shall be subject to the terms and conditions agreed to between the influencer and the Merchant to which Rebaid is not a party to. Rebaid may take a commission from the influencer for the facilitation of the campaign.
Rebates, Discount Codes, and Influencer Campaigns are all referred to in this Agreement as Rebaid’s “Merchant Services”.
Any the funds for any Rebate checks that remain uncashed after 365 days, will be returned to the Seller’s Rebaid account balance. You, as the Seller/Merchant, have the sole responsibility to abide by any and all applicable Federal and State Unclaimed Property Laws and procedures. Rebaid will provide you with the name, last known address, contact information, Rebate amount and date that the Rebate check was issued associated with the uncashed checks. If you require any additional information to satisfy your obligations under the Unclaimed Property Laws, please contact us.
If at the end of an Offer, a balance remains on your campaign, you will have the option to be refunded the balance or apply the balance to a new Offer. If, for any reason, a balance remains on your account for 30 days, you will be charged a $19 fee for each month in which the balance remains until the balance is depleted (“Idle Fee”).
Rebaid offers four subscription plans with varying limits on the number of discount code clips, rebate redemptions and influencer campaigns. All Subscriptions, except for the free “basic” plan, are paid on a recurring basis (“Subscription Services or Paid Services”). The subscription periods for all subscription plans are 28 days. We have the right to change, delete, discontinue or impose conditions on Paid Services or any feature or aspect of a Paid Service. Subscription Services may subject you to recurring fees and/or terms. By signing up for a Subscription Service, including after any free trial period, you agree to pay us the subscription fee and any applicable taxes as set forth in your Account settings or as otherwise agreed in writing (“Subscription Fee”).
Subscription Fees may be paid by credit card, debit card, or other payment forms we may permit. If you link a debit or credit card to your Account, you authorize us to collect Paid Service Fees by debit from your linked debit card or charge to your linked credit card. Payments made by credit card are subject to a credit card processing fee.
If you purchase a Subscription, you will be charged the cost of the selected plan per month until you cancel. The subscription will automatically renew until you cancel. The Company reserves the right to change its subscription fee upon 30 days’ notice.
If you are notified of a change in the Subscription Fee, it will take effect no sooner than the first billing cycle 30 days after the notice.
You may cancel your subscription at any time. You are responsible for the full subscription fee for the subscription period in the subscription period in which you cancel. Once your account has been billed, all sales are final and there will be no refunds. If you cancel your subscription, you will continue to have access to your subscription benefits until the end of your subscription period, at which point your access will expire.
In the event, a Merchant exceeds the allowable limit of discount code clips, rebate redemptions or influencer campaigns for the applicable Subscription in a month, Merchant’s will be prompted to upgrade their Subscription. If the Merchant fails to upgrade the Subscription by the end of the current subscription period, an overage charge shall apply. If a Merchant repeatedly exceeds the allowable limit of discount code clips, rebate redemptions, and/or influencer campaigns, Rebate may, in its sole discretion, automatically upgrade the Merchant’s subscription to a plan that provides for increased monthly limits on Services.
If you register for the Services on behalf of an organization, you may grant access to the Services to certain authorized users, subject to the limits of any plan for which you enroll. We may require that each authorized user have unique Login Information. When registering for an Account and accessing the Services, you represent or warrant that the information you enter for your organization is correct. You acknowledge and agree that (i) the organizational account owner is responsible for all activity under any and all authorized user accounts and (ii) organizational administrators may have access to all activity/data under any and all authorized users’ accounts.
Subject to your acceptance of and compliance with the foregoing and the other terms of this agreement, Company grants to you a non-exclusive, non-transferable, revocable limited license to use the Service. Your use of the Service is conditioned upon your compliance with this Agreement; any use of the Service in violation of this Agreement will be regarded as an infringement of Company’s copyrights in and to the Service. ANY BREACH OF THIS AGREEMENT WILL RESULT IN THE TERMINATION OF YOUR ACCESS TO OUR SERVICES.
Our Services may allow You to send promotional or marketing communications to some of our other users. The Company reserves the right in its sole discretion to approve or deny your request to send communications our users. Abuse of the user communication service will result in the termination of your account.
Sellers may request that a Consumer leave a review on the purchased product, but Sellers are strictly prohibited from offering any reward or compensation in exchange for a review. Violation of this policy will result in the termination of your account.
Company may, with or without notice to you, modify, suspend or terminate your access to our services for any reason without liability. Company may interrupt the Service as necessary for maintenance, error correction, or other work or modifications. Also, and without limiting our other rights or remedies, if we believe you have violated these Terms or if you have violated these Terms, we may determine that your funds, if any, will be forfeited, disgorged or recouped.
The Site may contain links to websites we do not operate, control, or maintain (“Third Party Websites”). We do not endorse any Third-Party Websites, and we make no representation or warranty in any respect regarding the Third-Party Websites or products contained thereon. Any links to Third Party Websites on the Site are provided solely for your convenience. If you do access any Third-Party Websites, you do so at your own risk and waive any and all claims against us regarding the Third-Party Websites or our links thereto.
When you post content and information to the Site or in connection with the Services, including, but not limited to, the content of an Offer, (“User Content”), you represent and warrant to us that (i) you own or have rights to use the User Content, (ii) the posting of the User Content does not violate any rights of any person or entity, and (iii) you have no agreement with or obligations to any third party that would prohibit your use of the Site or Services in the manner so used. You agree to pay all royalties, fees, and any other monies owing to any person or entity by reason of any User Content posted by you to the Site or through the Services.
By posting User Content, you give us and our affiliates a perpetual, nonexclusive, irrevocable, royalty-free, sublicensable and transferable worldwide license to all intellectual property rights you own or control to use, transmit, reproduce, commercialize, distribute, modify, create derivative works from, and otherwise exploit such User Content for any and all purposes and without further notice to you, attribution, and without the requirement of any permission or payment to you or any other person or entity. You also authorize and appoint us as your attorney in fact and agent with full power to enter into and execute any document or undertake any action we may consider appropriate to use or enforce the grant of rights and waivers set forth in these Terms.
We respect the intellectual property rights of others. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides a complaint procedure for copyright owners who believe that website material infringes their rights under U.S. copyright law. If you believe that your work has been improperly copied and posted on the website, please provide us with the following information: (i) name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorized to act on his/her behalf; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where on the Site the material that you claim is infringing is located; (iv) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (v) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. These requirements must be followed to give us legally sufficient notice of infringement. Send copyright infringement complaints to the following email address: email@example.com. We suggest that you consult your legal advisor before filing a DMCA notice with our copyright agent, as there can be penalties for false claims under the DMCA.
Any liability we have to you in connection with these Terms, under any cause of action or theory, is strictly limited to, in aggregate for all violations, the amount paid to you by us for your use of the Services, or the amount of Fees paid by you to us, in the six-month period immediately preceding the events giving rise to the claim. Without limiting the previous sentence, in no event shall we or any of our affiliates be liable to you for any indirect, special, incidental, consequential, punitive, or exemplary damages arising out of or in connection with, these Terms. The foregoing limitations apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if we or our affiliates have been advised of the possibility of such damages. TO THE FULLEST EXTENT PERMITTED BY LAW, THESE DISCLAIMERS OF LIABILITY APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE).
You agree to indemnify and hold us harmless for any breach of security or any compromise of your Account.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential; therefore, the above limitations may not apply to you. In such jurisdictions, our liability is limited to the greatest extent permitted by law.
You agree to indemnify and hold harmless us, our affiliates and our and their officers, directors, partners, agents, and employees from and against any loss, liability, claim, or demand, including reasonable attorneys’ fees (collectively, “Claims”), made by any third party due to or arising out of your use of the Site and Services in violation of these Terms, any breach of the representations and warranties you make in these Terms, or your User Content, or your failure to satisfy your obligations under any applicable Unclaimed Property Laws. You agree to be solely responsible for defending any Claims against or suffered by us, subject to our right to participate with counsel of our own choosing.
Certain activities on the Services may require you to make an electronic signature. You understand and accept that an electronic signature has same legal rights and obligations as a physical signature.
If you have an Account, you agree that we may provide you any and all required notices electronically through your Account or other electronic means. You agree that we are not responsible for any delivery fees charged to you as a result of your receipt of our electronic notices.
These Terms are governed by Wyoming law, without giving effect to conflicts of law principles. You agree that, to the extent applicable and expressly subject to the dispute resolution provisions below, to submit to the exclusive jurisdiction of the state and federal courts located in Cheyenne, Wyoming in circumstances where these Terms permit litigation in court.
Please read this section carefully. It contains procedures for mandatory binding arbitration and a class action waiver.
Notice Requirement and Informal Dispute Resolution. Before either we or you may seek arbitration, the party seeking arbitration must send the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute and the requested relief. A Notice to us should be sent to: Rebaid, LLC, 320 Gold Ave. SW Suite 620 PMB 1054 Albuquerque, NM 87102. After the Notice is received, you and we may attempt to resolve the claim or dispute informally. If we do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party during settlement negotiations may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The AAA Commercial Arbitration Rules (the “Arbitration Rules”) governing the arbitration are available online at www.adr.org. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) shall be resolved through binding non-appearance-based arbitration. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in Cheyenne, Wyoming, unless the parties agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
Additional Rules for Non-Appearance Based Arbitration.. The arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party against whom the arbitration was initiated. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
Time Limits. If either you or we pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.
Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of the parties involved, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and these Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under these terms. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and us in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND WE WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS SECTION 17 MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER USER.
Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. You agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Section 17, to enforce an arbitration award, or to seek injunctive or equitable relief.
Survival of Agreement. This Section 17 will survive the termination of your relationship with us.
Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of our patent, copyright, trademark or trade secrets rights shall not be subject to this Section 17.
Severability. If any part or parts of this agreement, including any clause in Section 17, are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of this Agreement shall continue in full force and effect.
Right to Waive. Any or all of the rights and limitations set forth in this Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Agreement.
Small Claims Court. Notwithstanding the anything to the contrary in this Agreement, either you or we may bring an individual action in small claims court.
Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Agreement.
We may assign, transfer, delegate, or otherwise hypothecate our rights under these Terms in our sole discretion. If we fail to enforce a provision of these Terms, you agree that such a failure does not constitute a waiver to enforce the provision (or any other provision hereunder). If any provision of these Terms is held or made invalid, the invalidity does not affect the remainder of these Terms. We reserve all rights not expressly granted in these Terms and disclaim all implied licenses.
Under California Civil Code Section 1789.3, California Website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.
If you have any questions about these Terms or the Site, please contact us at: firstname.lastname@example.org