CLICKPERKS TERMS & CONDITIONS
You must read and accept the Terms & Conditions agreement before accessing website. By submitting any information on the website, you agree to be bound hereby.
This Terms & Conditions Agreement sets forth the terms, conditions and standards of use of any ClickPerks website for Registered Members. By using any of the ClickPerks websites you (the “Member”) agree to this Agreement. If you do not agree to this Agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this Agreement without prior notice. Modifications shall become effective immediately upon being posted at the ClickPerks.com website. Your continued use of the website after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
ClickPerks reserves the right to modify the methods used to earn free items. We also reserve the right to modify the approval requirements to receive free items, including but not limited to increasing referral requirements in order to get approved. We can add, remove, or modify products listed as incentives at any time. Products that are replaced may not be of equal value.
ClickPerks owns and operates a points-based service called PerkPoints (http://perkpoints.clickperks.com). PerkPoints can be earned in a variety of ways such as completing advertiser offers. PerkPoints can be exchanged for free items found on the website. We reserve the right to change the value of PerkPoints at any time. We also reserve the right to increase the point cost of any item at any time.
ClickPerks reserves the right to discontinue any of our websites at any time without any notice or reason. If we discontinue one or more of our websites, we will attempmt to make a reasonable effort to provide our users with advance notice.
To signup and maintain your membership in any ClickPerks website you must meet and maintain the following requirements. ClickPerks reserves the right to cancel any membership of anyone who does not meet and/or maintain these requirements.
A. Valid Information
(i). All users must provide accurate information.
(ii). A user may only use their own name and information to create an account on any ClickPerks website.
B. User Accounts
(i). A user must currently reside and join from within the USA/UK/Canada.
(ii). Users must be 18 years of age or more.
(iii). Only one account is allowed on any ClickPerks site for each household. Household refers to your mailing address, and may include your IP address. It is not recommended to join ClickPerks sites from shared computers (schools, offices, etc.) as this may result in having the same IP address as other members using the same computer, in which case your account would be disqualified. We recommend using your own computer and internet connection.
(iv). Using multiple addresses, computers, proxies or any other method to open more than 1 account for yourself on the same ClickPerks site will be considered as fraud and your account will be suspended.
(v). ClickPerks prohibits the use of any proxy service while accessing any of its sites. The use of software or any other means to change, cloak or dissimulate your IP address is strictly prohibited. Your IP address is logged when you join our service, and anytime you login to our service.
(vi). A user must complete the full requirements of this site within 365 days. Accounts that have not been approved within 365 days from the date of initial signup will be disabled or deleted indefinitely. This time limit does not apply to any ClickPerks point-based site.
(vii). The following time limit applies only to ClickPerks point-based sites. User must complete and receive credit for at least one (1) offer every 365 days in order for their account to remain active. Inactive accounts will be disabled or deleted indefinitely.
C. Cancellation of
Accounts do not require cancellation, they are simply erased after a certain period of inactivity. Accounts can be manually cancelled by contacting our support.
(i). Users are responsible for their own account(s) and ClickPerks will not take any responsibility for fraudulent activities or losses relative to the security of your account. In such, you should keep your account details and password confidential at all times.
(ii). Any unauthorized use of any ClickPerks site will be prosecuted to the fullest extent of the law.
Signing up as a member of any ClickPerks site waives any claim for damages, whether direct or indirect, consequential, or punitive, which you may have against ClickPerks and you agree to hold harmless and exclude ClickPerks from any such claim for damages regardless of cause.
A. Eligibility to receive a reward.
(i). A user must do the following to receive a free gift from ClickPerks.com or any other ClickPerks sites unless specified otherwise on that particular site .
a. A user must complete the stated number of offers on any given website. This number can be found on the Offers page after logging in. This includes verification from our offer providers.
b. A user must refer the correct amount of unique people who sign up and properly complete the stated number of offers under the terms listed above.
(ii). Credit will only be received for referrals who sign up under your referral link; some applications can remove the tracking part of the URL. The user assume this risk.
(iii). Users may only receive 1 free gift per account and household per ClickPerks site. Any ClickPerks point-based site is not restricted to 1 free gift.
B. Receipt of Rewards
(i). All accounts will be submitted for fraud verification before shipping of rewards.
(ii). ClickPerks will take all necessary steps to ensure timely delivery of rewards but delivery dates are subject to order verification and product availability.
(iii). Depending on the value of the reward(s) you receive from a ClickPerks site, you may be required to claim the value of the gift(s) as taxable income to your state department of taxation and the IRS. The user takes full responsibility to declare their earnings in conformity with the laws of their place of residence. ClickPerks may require the user filling out and submitting an IRS W-9 form prior to shipping any rewards.
(iv). After a user receives a product, if we determine that he or she fraudulently completed the requirements, we have the right to take legal action against the user.
All orders are mailed to the address specified when the product is ordered. It is the user’s responsibility to make sure this address is correct. We are not responsible for failure of delivery due to but not limited to, theft, loss, incorrect address, or mishandling with the delivery.
D. Availability of Products
(i). We are not responsible for the availability of a product. Products on back order may take longer to ship.
(ii). ClickPerks reserves the right to change any free gift on any of its sites without notice.
E. Return Policy
(i). ClickPerks does not guarantee any product a user receives.
(ii). If a received product is or becomes defective, the user is to resolve the issue solely with the manufacturer of the gift. ClickPerks is not responsible for replacing or fixing defective merchandise.
(i). Users will receive credit for completing an offer when the advertiser provides verification of the offer completion. ClickPerks and its advertisers reserve the right to deny the user a completion due to fraudulent activity and/or suspicious accounts.
(ii). A completed offer may be reversed if the advertiser reverses verification of the offer.
(iii). Any disputes over completion of an offer are to be taken up directly with the advertiser.
(iv). Users may only complete the same offer one time. You may never complete the same offer again, be it from a different account or not. Doing so is considered fraud and will be treated as such.
(v). A user may only complete offers under their own account(s).
(vi). Offers must be completed by clicking the offer link provided on each ClickPerks site. Users may not go directly to the URL provided on the web site by pasting or typing it into their browser or through other means which allows a user to access the advertiser web site without clicking the link from ClickPerks site in question.
B. Failure to receive credit for an offer
(i). ClickPerks will only credit users with offer completions once the advertiser approves that particular offer completion.
(ii). Users should archive and keep all emails from affiliates regarding offer completion status as this will make it much easier to resolve any issue that may arise.
C. Terms of Offers
(i). Terms of a particular offer are managed strictly by the advertiser issuing that offer. ClickPerks holds no responsibility whatsoever as to the terms and conditions of those offers.
(ii). Any difficulties or disputes between a user and an advertiser will be resolved strictly between those two parties. ClickPerks does not assume any responsibility or mediation in this regard.
(iii). Offer credits can only be used by the person who’s account they are credited to. They are non-transferable or refundable in any case.
(iv). Specific offers may change from time to time or may become unavailable without notice
screen all referrals for fraud/invalid information. Fraudulent accounts will be
suspended until users supply sufficient proof of legitimacy. User accounts suspected of fraud will be rendered null and void.
A. These are the most common reasons why an account is suspended:
(i). Multiple accounts for one household on the same ClickPerks site.
(ii). Fraudulent referrals.
(iii). Negative feedback from any of our affiliates, or offers being immediately canceled.
(iv). Multiple accounts at a user’s shipping address.
(v). Soliciting referrals through spam or other illegal channels.
(vi). Relaying or publishing any information whatsoever relative to offer cancellations.
(vii). The use of software or other means to change, cloak or dissimulate your IP address.
B. Other Terms of disqualification:
(i). Being in violation of any terms and or conditions elicited in this document.
(ii). In the case where a user feels they have been unjustly disqualified, our support department will reconsider based on new information. There are no guarantees that suspension will be reversed and the burden of proof is to lie with the user.
(iii). A user who’s account is suspended on one ClickPerks site will see all his ClickPerks accounts suspended until the issue is resolved.
(iv). Reasons for disqualification will only be given by ClickPerks in the case where they do not compromise the Network’s fraud checking methodologies.
(v). This agreement and the terms wherein may be rendered void by ClickPerks at any time for any reason.
VI. Disclaimer of Warranties.
The site is provided by ClickPerks on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, ClickPerks makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. ClickPerks shall have no liability for any interruptions in the use of this Website. ClickPerks disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement.
VII. Limitation of Liability
ClickPerks shall NOT be liable for any damages whatsoever, and in particular ClickPerks shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this web site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if ClickPerks has been advised of the possibility of such damages.
VIII. Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Member agrees to indemnify and hold ClickPerks, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the service, the violation of this Agreement, or infringement by Member, or other user of the service using Member’s computer, of any intellectual property or any other right of any person or entity.
X. Member's Account
All Members of the service shall receive a password and an account. Members are entirely responsible for any and all activities which occur under their account whether authorized or not authorized. Member agrees to notify ClickPerks of any unauthorized use of Member’s account or any other breach of security known or should be known to the Member. Member’s right to use the Service is personal to the Member.
XI. Modifications and Interruption to Service
ClickPerks reserves the right to modify or discontinue the service with or without notice to the Member. ClickPerks shall not be liable to Member or any third party should ClickPerks exercise its right to modify or discontinue the service. Member acknowledges and accepts that ClickPerks does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
XII. Third-Party Websites
Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms & conditions and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties’ sites.
XIII. Marketing Disclosure; No Marketing Endorsement
The operator of this website may have a material financial connection to third party providers referred to on and/or accessible through the website. We expressly disclaim any/all liability related to, without limitation, the products, services, information and content obtained via this website. All trademarks, logos and service marks displayed are registered and/or unregistered marks of their respective owners. The owner of this website is not affiliated with any third party advertiser, other than stated herein.
XIV. Marketing Materials
By providing your information via this website, you are giving your consent to receive promotions from us or third party product/service providers via email. If you do not wish to receive marketing materials via email, you may request to be removed by using the opt-out mechanism listed in the messages you receive or by contacting us directly.
XV. Third-Party Products and Services
The website may display and make available content, promotions, advertisements, and offers provided by third parties, as well as goods and services offered by third parties. You understand and agree that we shall not be responsible and shall have no liability for any such third party promotions, products or services, or for your activities on any third party websites. You acknowledge that if you choose to click on a third party promotion, purchase and/or use a third party product/service, or participate in a third party website activity, you do so solely at your own risk. You agree that your sole remedy in connection with any of the foregoing will be with the applicable third party offering the promotion, product or service and that you shall have no remedy against the operator of this website from your use of or participation in, or inability to use or participate in, any third party promotion, product or service.
XVI. Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by third party vendors or collected from publicly available sources. While ClickPerks makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.
ClickPerks makes no warranties or representations whatsoever with regard to any product provided or offered by any third party vendor, and you acknowledge that any reliance on representations and warranties provided by any vendor shall be at your own risk.
XVII. Dealings with Third-Parties
Your correspondence or business dealings with any third parties as a result of your use of this website and participation in the service, including, but not limited to, business dealings with product/service providers, or any other terms, conditions, warranties, and/or representations associated with such dealings, are solely between you and such third party. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on or made available through the website.
XVIII. Governing Jurisdiction of the Courts
Our website is operated and provided in the State of New York. As such, we are subject to the laws of the State of New York, and such laws will govern this Terms & Conditions, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of New York.
XIXV. Compliance with Laws
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
XVX. Copyright and Trademark Information
All content included or available on this website, including site design, text, graphics, interfaces, and the selection and arrangements thereof is the property of ClickPerks and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of ClickPerks is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of ClickPerks.
ClickPerks™ and ClickPerks.com™ are proprietary marks of ClickPerks.com. Trademarks of ClickPerks may not be used in connection with any product or service that is not provided by ClickPerks, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits ClickPerks.
All other trademarks displayed on any ClickPerks website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those third party vendors. In addition, such use of trademarks or links to the web sites of third party vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with ClickPerks.
XXI. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, ClickPerks designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
35 West 36th Street, Suite 4E
New York, NY 10018
By Email: Use Contact Form on Website
XXII.Statute of Limitations Endorsement
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF RELATED TO USE OF THE WEBSITE, SERVICE OR THE AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
XXIII. Other Terms
XXIV. Contacting ClickPerks
For timely service and efficiency, we ask that you open a support ticket using our support ticket system found in the members area. We do not accept telephone calls from users for any reason.
Effective Date: Last updated on April 1, 2013.
Copyright © 2013 ClickPerks. All rights reserved.