Terms - Cashbate Shopping Club

Please read this Member Agreement (the "Agreement") carefully before enrolling as a member of the SmartRebate Shopping Club (also referred to in these terms as The Club). This also may be referred to as The Program, or Program Terms or the Agreement or Terms of SmartRebates. This Agreement explains the terms and conditions governing membership in The Club ("The Club Terms and Conditions"), and it is your responsibility to read and understand them. Participation in The Club and its benefits are offered at the discretion of the The Club and SmartRebates.

Whether you belong to Smartbates, Carebates Fundraisers, Carebates Givers, Cashbates, Membership in The Club is subject to these Terms and Conditions:

You must be an individual, 18 years of age or older.
Members must be human: no machines, scripts, or automated services may be used to accumulate any financial benefits derived from purchases made in our SmartRebate Shopping Club, or from the accruement, transfer or sale of SmartRebates; and these humans must have Internet access and an email address to be eligible to receive the privileges and benefits of membership in The Club.
Your The Club membership may be terminated and cancelled for violating any term of this agreement.
You understand that the rebate promotions of SmartRebates, on the products or services of its affiliates, are the sole repsonsibility of SmartRebates, and you agree NEVER to contact any merchant listed in The SmartRebates Shopping Club regarding any issues with your SmartRebates. Always contact SmartRebates when you have any issue with your SmartRebates.
You must register with SmartRebates to become a Member of the SmartRebate Shopping Club and qualify for SmartRebates. Your SmartRebate(s) must be 'qualified' per the terms of this agreement in order for you to receive it.
As a Member, purchases made through The Club's Affiliated Merchants will be deemed a "Qualified Purchase" and will be subject to earn a SmartRebate if, and only if, all of the following criteria are satisfied: 1) "Cookies" must be enabled on your Web browser. 2)Javascript enabled. 3)You must log-in before satisfying the next criteria 4) All potential Qualified Purchases must begin by clicking on the Affiliated Merchant's link that appears on the The Club Web site and being successfully connected to the Affiliated Merchant's Web site based upon that click.
As a member, your SmartRebate is, subject to the terms and conditions enumerated in this Agreement, a percentage of the net purchase(s) made by you at one of the online merchants affiliated with The Club (the "SmartRebates' Affiliated Merchants"). The percentage will be enumerated (in parenthesis) on the SmartRebates' Web site and in The Club as it relates to each Affiliated Merchant.
The net purchase is defined as the total amount The Club member pays for a purchase to the merchant minus tax, gift wrapping, shipping, promotional credits, returns, cancellations, and transaction fees, or, as the Affiliated Merchant defines 'net purchase' on their respective Web site and as is enumerated in their respective Affiliate Membership and/or Operating Agreement document, whichever is less.
SmartRebates awarded to Members are subject to adjustments for returns, cancellations, and other non-qualifying events. Please note: SmartRebates is possible because we are giving out a portion of our commission (money paid us for your making a purchase after clicking on an affiliated Merchant link on our website, right after you log-in). However, if your purchase, while initially qualifying, comes with an affiliated merchant's promotion, discount or coupon, then we may not receive a commission, and, in that case, you would not receive your SmartRebate. We provide a list of merchant promotions, discounts, coupons or free shipping, and whether each related merchant would or would not pay a commission to us for your purchase. The weblink to this list is on the Category webpage, which will show after you log-in. http://smart-rebates.com/category.htm
In most cases, your Cashbate will show up in your My Account here at SmartRebates within 60 days after your purchase, and soon after, your money will show up in your bank account (via PayPal. You must register at PayPal.com first.)
Depending on the amount of SmartRebates you accrue, and the tax laws of your federal, state, and local jurisdictions, government agencies may tax you for your SmartRebates. In such a case you will be responsible for any and all tax liability arising out of your accrual or redemption of SmartRebates.
Should a merchant listed in The Club--an Affiliated Merchant--withhold any portion of what SmartRebates believes is its earned commission on your relevant purchase (your SmartRebate), for any reason whatsoever, then The Club will withhold the exact same amount from your SmartReebate for the Qualified Purchase.
Your accrued SmartRebates will be transferred to your PayPal Account in Cashbates, and your selected Fundriaser's PayPal account in Carebates Giver (to be deposited into your/their bank account.
PayPal and SmartRebates will deduct from your SmartRebate (Cashbate or Carebate) a fee that will be no more than 1 dollar per transfer, regardless of how much that is.
Carebates Fundraisers will be charged $25 per campaign, or 10% of the total, whichever is higher.
The Club is not liable for paying rebates that are disqualified by the Affiliated Merchant because the relevant purchase was made at a discount or sale and the Affiliated Merchant did not communicate or qualify that term to The Club with prior notice.
We offer a My Account to you as a convenience only. At the end of the day, you are responsible for keeping track of your accumulated SmartRebates. Write down the payment dates, and if you believe you should have received a SmartRebate by one of the payment dates, then you should wait until the next payment cycle has passed, and then, if you have not received your SmartRebate in the following payment cycle, you must inform SmartRebates support by email of your claim.

The Club is not responsible or liable for changes to, or discontinuance of, any Affiliated Merchant's program, or any Affiliated Merchant withdrawal from our programs, or for any effect on accrual of SmartRebates caused by such changes, discontinuance, or withdrawal.

Upon registration into The Club, you will select a user ID and password that will allow us to track your SmartRebates starting from the log-in. We ask you to change your password often in our Update Registration page.
Your Member ID is permanent. It may not be changed. If you want a new Member ID, you must close the old account and open up a new one by registering again. If, and when you do this, please put your old ID next to the program name you enter in your new registration so we can track your old rebates into your new account.
The Club will not be responsible and will be held harmless for any incidental, consequential, direct, indirect or special damages due to the fraudulent use of your personal information, your registration information, or any information garnered from any email sent to or from SmartRebates. In such cases, if SmartRebates finds out, The Member authorizes SmartRebates to act on the Member's behalf in contacting any relevant law enforcement or financial institutions; however, it is not the responsibility of SmartRebates to investigate any allegations of such. SmartRebates has no liability for the fraudulent use of members' credit cards on any of the affiliated Merchants websites.
No SmartRebates earned or granted to the Member by The Club may be assigned or transferred to any third party except as expressly permitted by The Club in writing (such as with the Groupbate program). The sale or barter or MLM use of any SmartRebates, other than by The club, is expressly prohibited. Accrued SmartRebates, not yet transferred to the member's broker of record, do not constitute property, and are not transferable: (i) upon death; (ii) as part of a domestic relations matter; or (iii) otherwise by operation of law.
PRIVACY POLICY: You do NOT agree to authorize SmartRebates to disclose to third parties Registration information you have provided, with the following exceptions: (i) to agents of The Club or its affiliates, or agents affiliated formally or informally with The Club, such as independent auditors, brokers, 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 SmartRebates. Further, you authorize The Club to receive any account information from any Affiliate Merchant, relevant to claimed or actual purchases, 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 Affiliated Merchant harmless for any information disclosed to The Club or for any disputed reports relevant to your claimed or actual purchases.
SMARTREBATES AND 'THE CLUB' ARE BEING PROVIDED TO MEMBER "AS IS", WITH NO EXCEPTIONS, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, SMARTREBATES AND 'THE CLUB' DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROGRAMS TERMS, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE OFFERED BY SMARTREBATES OR ANY PRODUCT, SERVICE OR PURPOSE OFFERED BY AN AFFILIATED MERCHANT, INCLUDING IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
IN ADDITION, SMARTREBATES AND THE CLUB DOES NOT WARRANT THAT ACCESS TO THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND SMARTREBATES ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE CAUSED BY YOUR ACCESS, OR INABILITY TO ACCESS THE SMARTREBATES/THE CLUB WEBSITE, INCLUDING, BUT NOT LIMITED TO, YOUR INABILITY TO ACCRUE REBATES BY PURCHASING ITEMS WITH AN AFFILIATED MERCHANT.
SmartRebates or The Club reserves the right to terminate any Program, or its website, at any time with notice. Program termination notice will be provided according to the applicable laws. The Club will not be responsible for failing to notify you of Program termination where such failure is caused by an error in your email program, an inaccurate email address, your failure to check for your email online, or your failure to inform The Club of a change in your email address.
SmartRebates 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 Member Agreement page of the SmartRebates 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.
Email your questions, claims or disputes to SmartRebates support, and 'support' will work toward resolving it. All interpretations of The Club's Terms and Conditions shall be at the sole discretion of The Club. In the event that an error is made by The Club, your sole remedy shall be the credit of the disputed rebate to your account.
Force Majeure. The Club will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen contingency beyond its reasonable control, including without limitation Internet outages, communications outages, fire, flood, war or act of God.
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. SmartRebates' 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 The Club and the Affiliated Merchants or between SmartRebates and any other of its Corporate Partners. Neither the Affiliated Merchants nor any Corporate Partner shall have the ability to create any obligation on SmartRebates behalf. Any failure by The Club to enforce any provision of this agreement will not be construed as a waiver of any provision or right. This Agreement constitutes the common terms between you and The Club and Smartrebates with respect to Carebates, Cashbates, Smartbates, Caebates Givers and Carebates Fundraisers.

Carebates Fundriasers only - The Carebates Fundraiser leader, who registers the Fundriaser with SmartRebates, must be at least 21 years old and appointed by the Fundraiser or its legal leadership to register and receive funds on the said fundraiser's behalf. For Carebates Fundriasers, there are additional terms connectd to the fundriaser registration webpage. All other terms in this terms sections also apply to the registered Carebates Fundraiser and its leader who registers it here at SmartRebates.