Terms and Conditions

Member Terms and Conditions

 

Last updated on November 6, 2012

Please read these terms and conditions ("Terms and Conditions") in their entirety.  By registering as a member or user of www.accumulink.com (the "Website") you are indicating that you have read this document and agree to these Terms and Conditions.

Accumulink LLC ("We" or "Our"), a Michigan based company, owns and operates the Website and We welcome you to register to become a member of our program (the "Accumulink Program"), for the purpose of saving money while shopping online, at local businesses, and at The Accumulink Store and earning money by referring other people to do the same when they also register to become members of the Accumulink Program.

1 Acceptance of Terms and Conditions

Your access to and use of the Website is subject exclusively to these Terms and Conditions. You agree to not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this document. If you do not accept these Terms and Conditions you must immediately stop using the Website and refrain from using any service offered through the Website.

2 User Registration

To become a member of the Accumulink Program, you must be 18 years of age, a citizen of the United States and possess the authority to enter into a binding legal obligation. By registering to become a member of the Accumulink Program, you are verifying that you satisfy these criteria. If you opt to register and create an account, you may only create ONE user account for your own use. Violation of this SHALL result in the immediate closing of, and forfeiture of all points accumulated in, any and all user accounts beyond your original account. In addition to your ONE user account, you also may create ONE vendor account for each business of which you are the legal owner and/or non-profit organization of which you are the authorized representative to create such account. If you register to create a vendor account on behalf of a business or non-profit organization, you represent that you are authorized to create such a registration and that you are authorized to enter the business or organization into a binding agreement. Violation of this SHALL result in the immediate closing of, and forfeiture of all points accumulated in, any and all vendor accounts entered into by you falsely or without proper authorization, and may also result in the closing of your personal user account if one exists.

3 Site Availability

You acknowledge that there may be occasional interruptions in service to the Website due to events that are beyond Our control. While We will take reasonable measures to keep the Website accessible, it may be unavailable from time to time and for any reason including, but not limited to, scheduled maintenance. Further, We retain the right, at Our discretion, to deny service, or website access, to anyone or any account, at any time and for any reason.

4 Links to Third Party Websites

The Website includes links to third party websites that are controlled and maintained by others.  Any link to other websites is not an endorsement of such websites and you acknowledge and agree that We are not responsible for the content or availability of any such sites.

5 Cash Rewards Program

5.1 Accumulink LLC will award you points, which can be converted into cash rewards, for your Qualifying Purchases, which consist of Qualifying Click-Through Purchases and Qualifying Direct Purchases (both described below). The amount of points that can be earned for any Qualifying Purchase will be listed on the Website. The points earned for your Qualifying Purchases accumulate in your account and eventually convert to cash rewards at the following rate: Every 100 points accumulated is equal to $1.00 in cash rewards.
5.2 You are encouraged to share the Website and the Accumulink Program with other people and you can receive additional cash rewards by doing so. You may refer an unlimited number of people to register at the Website and participate in the Accumulink Program, and when they create a valid registration that includes your referral identification number, they will be directly linked to you on your first "link level". As a registered member of the Accumulink Program, each of your referrals are also entitled, as you were, to earn points as listed on the Website, when they make Qualifying Purchases. When one of your direct referrals makes a Qualifying Purchase, they will earn the points as listed on the Website and you will earn bonus points from their purchase. When one of your direct referrals (i.e., a referral directly linked to you on your first "link level") makes a referral, to a friend, let's say, and that friend creates a valid registration on the Website that includes your direct referral's identification number, the friend will be linked to your direct referral as a first "link level" and the friend will also be linked to you as a second "link level".
5.3 Referral limits- As referrals beget other referrals, the "link levels" within your referral network, will expand in depth. Members of the Accumulink Program can each refer an unlimited number of people on their first, or direct "link level", to register at the Website and join the Accumulink Program; however, members will receive bonus points for registered users in their referral network only up to and including the fifth "link level" in depth. Consequently, you can receive bonus points (which eventually convert to cash rewards) from the Qualifying Purchases of each and every referral, direct or indirect, within your five "link levels" without limit to number of people on any of the five levels, but no bonus points (or cash rewards) are available for Qualifying Purchases made by registered users at level six or higher in a referral network and, accordingly, We do not track such purchases and explicitly disclaim any obligation to do so.


6 Qualifying Purchases

6.1 The Website contains links, each in the form of a banner advertisement, to featured online retailers' websites. You acknowledge that a purchase from a featured online retailers' website meets the criteria of a "Qualifying Purchase" if, and only if, the member making the purchase first visits the Website at www.accumulink.com, "logs in" as an active member of the Accumulink Program, thereafter clicks through from the Website directly to a featured online retailer's website, and then makes a purchase from such website before navigating away from, or otherwise terminating the browser session with, that featured online retailer's website.  A purchase meeting these criteria is referred to herein as a "Qualifying Click-Through Purchase"; a click-through purchase that does not meet each of these criteria does not qualify for points and is not considered a Qualifying Click-Through Purchase. You will receive bonus points for purchases made by those members of the Accumulink Program in your referral network shopping on featured online retailers' websites only if such members make "Qualifying Click-Through Purchases" by following the steps described above.
6.2 You acknowledge that it will take up to 45 days for credits from Qualifying Click-Through Purchases to appear in your "My Cash Rewards" page on the Website. This is due to a hold period, for processing potential returns, exchanges or adjustments, on the part of the given online retailers and not a reflection of the efficiency of the Accumulink Program or the Website.
6.3 Points may also be earned from purchases made from vendors whose products or services are advertised directly at the Website. You acknowledge that a purchase made from a vendor directly from the Website meets the criteria of a "Qualifying Purchase" if, and only if, the member making the purchase is logged in at the Website as an active member of the Accumulink Program at the time of making the purchase.  A purchase meeting these criteria is referred to herein as a "Qualifying Direct Purchase".  You will receive bonus points for purchases made by those members of the Accumulink Program in your referral network shopping at the Website only if such member makes Qualifying Direct Purchases as described above.  As stated above, a Qualifying Purchase consists of a Qualifying Click-Through Purchase or Qualifying Direct Purchase.  No other purchase is a "Qualifying Purchase."
6.4 You acknowledge that the amount of points earned for any Qualifying Purchase is calculated on the net purchase amount of the order and excludes the sales tax amount and shipping costs associated with the order.
6.4 You acknowledge that points are not earned for gift card purchases, except where specifically noted, such as where the retailer's primary product is gift cards. While We will endeavor to display this information accurately, Accumulink LLC is under no obligation, and explicitly disclaims any responsibility, to assign you points, or pay you cash rewards, on any item that does not generate a commission for Accumulink LLC.

7 Payment

7.1 So long as you remain a member of the Accumulink Program in good standing, Accumulink LLC will pay you monthly based on the accumulated point total from your own Qualifying Purchases and the combined bonus points earned from the Qualifying Purchases of the members in your five "link levels" for the month in question. A minimum payment threshold of $5.00 applies. If your reward balance is below this threshold, the money earned will stay in your account and carry forward to the next month, and this process will continue until the balance exceeds the minimum threshold. If your account balance is more than a (-$5.00) debit balance(usually from the return of a purchase where you've been paid in full from Accumulink), for more than (60) days, you will be asked to make payment to bring your account to a $0.00 balance.
7.2 Payments are made based on the points earned, reflected in your balance, on your "My Cash Rewards" page. Qualifying Direct Purchases  are reflected immediately in your balance. As noted in section 6, your Qualifying Click-Through Purchases will not reflect in your balance until approximately 45 days after the purchase.
7.3 After all points earned are calculated for the month, payment will be sent on or around the 15th of the following month.
7.4 Accumulink LLC currently uses Dwolla as its preferred method to pay members of the Accumulink Program. Dwolla is an electronic money movement system with relatively low fees. For details, or to sign up for an account, go to
www.dwolla.com.
7.5 Using Dwolla, you acknowledge there is no payment processing fee for amounts under $10.00 and for payment amounts over $10.00, there is a fee of $0.25 per transaction. This is a processing fee charged by Dwolla, not Accumulink LLC, and, as such, you acknowledge that it is subject to change at any time. If your cash reward due is over $10.00, this fee will be deducted from your balance prior to sending money to you. You acknowledge that there is a $10,000 maximum for a single transaction. If your cash reward due exceeds $10,000, We will split the payment into multiple payment transactions necessary to pay the full amount due. The transaction fee will be assessed per transaction.
7.6 You acknowledge that if your payments from Accumulink LLC exceed $600.00 in a calendar year, We will be required, by law, to send you a 1099 form. At which time, We will need additional information from you to complete this 1099 form. Until We receive the necessary information to complete the 1099 form, all money earned that exceeds $600.00 will be held in your account.
7.7 You acknowledge that any return of a product, whether purchased from an online retailer, a local retailer or in The Accumulink Store, will result in a reduction of your account balance by the original amount of points earned on the purchase. If you have already been paid a cash reward for the points earned on said purchase, your account balance will be reduced in the month the return took place.
7.8 You acknowledge that We reserve the right to withhold payment of cash rewards on any unusually large online retailer or local retailer purchase(s), or any other purchase We, at Our discretion, suspect may be fraudulent activity, until the purchase(s) can be verified as authentic. This withholding period may extend until the return period of the retailer has expired.

8 Referring members

8.1 Accumulink LLC believes SPAM (unsolicited emails or posts on third party sites, which violate the terms and policies set forth by those sites) is harmful to Our reputation and the reputation of the Accumulink Program, and We strongly discourages the use of SPAM for obtaining referrals to build your network. If We, in Our discretion, determine that a member is engaging in spamming activity, the member will be terminated from the Accumulink Program and all points accumulated in the member's account will be automatically forfeited by the member. Taking legal action against the member, for engaging in spamming activities, is also at Our discretion.
8.2 The following methods of seeking referrals are also prohibited:
-Representing oneself as a representative or employee of Accumulink LLC, unless expressly authorized to do so by Us.  However, active members of the Accumulink Program are permitted to represent that they are members of the Accumulink Program.
-The use of our logo without Our prior consent.
-Registering and using for promotion, a domain that is a similar misspelling of accumulink.com.
-Misrepresenting or misleading people to believe that the Accumulink Program is something other than the content displayed on
www.accumulink.com.

9 Copyright

9.1 All copyright, trademarks and all other intellectual property rights in the Website and its content (including without limitation to the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to Accumulink LLC or otherwise used by Accumulink LLC as permitted by law.
9.2 In accessing the Website as a member you agree that you will access the content solely for your personal, non-commercial use. None of the content of the Website may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of Accumulink LLC. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.

10 Limitation of Liability

To the fullest extent permitted by law, Accumulink LLC shall not be liable for any and all claims, losses, costs, expenses (including attorney fees) and/or damages of any kind, including, without limitation, loss of business, opportunity, data, or profits, arising out of, or in connection with, the use of the Website or membership in the Accumulink Program.

11 Disclaimers and Warranty

11.1 The Website is provided on an AS IS and AS AVAILABLE basis without any representation and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
11.2 Accumulink LLC makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
11.3 Accumulink LLC makes no warranty for any goods or services purchased directly on the Website (e.g., a Qualifying Direct Purchase), or through, or otherwise obtained from, any online retailer affiliated with, or which has links listed on, the Website (e.g., a Qualifying Click-Through Purchase). Further, Accumulink is in no way responsible for the order payment or fulfillment process of any affiliate online retailer listed on the Website, or for the fulfillment process of any vendor listed directly on the Website
11.4 In the event you make a Qualifying Purchase for which you do not receive credit, in points, and for which Accumulink LLC likewise does not receive a commission from the retailer for such Qualifying Purchase, you agree that you will not hold Accumulink liable for any technical failure, whether ours, yours, or that of an online retailer or any other involved party. Such technical failure, although rare, makes it difficult or impossible to track your purchase.

12 Arbitration

We will make every reasonable effort to resolve any dispute that you have with Accumulink LLC. If those efforts fail, you agree that all claims and disputes arising under or relating to your use of the Website, your membership and participation in the Accumulink Program, and these Terms and Conditions are to be settled by binding arbitration in the state of Michigan. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys' fees. Any such arbitration shall include a written record of the arbitration hearing. An award of arbitration may be confirmed in a court of competent jurisdiction.

13 Indemnity

By accepting these Terms and Conditions, you agree to indemnify and hold harmless Accumulink LLC and its members, managing members, officers, employees, vendors, affiliates and other agents from and against all liabilities, claims, causes of action, legal fees, damages, losses, costs and other expenses resulting directly or indirectly from any disputes, claims or actions arising out of or relating to your use of the Website, your membership and participation in the Accumulink Program, and/or any breach by you of these Terms and Conditions.

14 Severance

If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.

15 Change of Use

Accumulink LLC reserves the right to change or remove (temporarily or permanently) the Website or any part of it without notice and you acknowledge that Accumulink LLC shall not be liable to you for any such change or removal. Accumulink LLC also reserves the right to change these Terms and Conditions at any time and your continued use of the Website and participation in the Accumulink Program following any changes to these Terms and Conditions shall be deemed to be your acceptance of such change.

16 Termination

By registering to become a member of the Accumulink Program, you acknowledge your agreement with the Terms and Conditions, which shall become effective immediately upon your registration. Your registration with the Accumulink Program may be terminated with or without cause, by either party, at any time provided written notice is given to the other party. Upon termination of your registration, all items you may have listed for sale in The Accumulink Store, or businesses featured in the local retailers section of the Website, will be removed from the Website. If you have any outstanding cash rewards that are owed to you, Accumulink LLC will pay the balance within (60) days of the termination date or when your outstanding purchases have exceeded the retailer's return policy date, whichever is greater. If you have a debit, or negative balance, at the time of termination, you agree to pay the amount in full within (30) days. If your registration with the Accumulink Program was or is terminated due to fraudulent activity on your part, all points in your account and cash rewards owed to you will be forfeited and your account(s) will be closed with no further obligation to you. Accumulink LLC also reserves the right to close any account at any time and for any reason it deems appropriate.

17 Governing Law, Jurisdiction and Venue

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Michigan in the United States of America, as to all matters, including, but not limited to, matters of validity, construction, performance and remedies.  By accepting these Terms and Conditions, you hereby irrevocably consent to the exclusive jurisdiction and venue of the courts of the State of Michigan and the United States District Court for the Eastern District of Michigan, Detroit Division for the purpose of any litigation concerning these Terms and Conditions or your membership or participation in the Accumulink Program and waive any objection you may have to the laying of venue in any such court and/or to any claim that any such litigation has been brought in an inconvenient forum.

For any further information please Contact Us

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