Terms & Conditions
Our App & Website not intended for children under 15 years of age. No one under age 15 may provide any information, personal or otherwise, to or on the App and may not use the App or Website. If we learn that we have collected or received information from someone under 15 years of age, we may delete that information and block the Account (as defined below). If you are under the age of majority to form a binding contract under applicable law (“Age of Majority“), you must read these Terms and Conditions with a parent or legal guardian. If you are under the Age of Majority, we will assume by your using, visiting, accessing or downloading the App or Service that your parent or legal guardian agrees to be bound by these Terms and Conditions which constitute a binding legal agreement between such person and AI.
By using this App & Website, you represent and warrant that you meet all eligibility requirements set out in these Terms and Conditions. If you do not meet all of these requirements, you must not use the App or the Website. Acceptance and enrollment into the Added Influence Program is at the sole discretion of AI, and AI may reject or deny your application for any reason or no reason at all. Accounts are personal and you may not apply for an account on behalf of another individual (the “Account“). You shall keep your Account username and password confidential. Accounts are limited to one account per person, duplicate accounts will be terminated. You are solely responsible for maintaining the security of and
for all activities that occur under your Account. You shall notify AI immediately if, or if you suspect that, the security of your Account has been breached.You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We reserve the right at any time and from time to time, to disable or terminate your account, any user name, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms and Conditions.
- Cash Back. The Website offers the ability for its Members to earn cash back on their purchases completed through the Website. The Company is compensated by participating retailers for referring buyers to their products and services. The Company gives a portion of those earnings to its Members. It is the sole discretion of the Company to determine a Members’ ability to participate in the program and receive Cash Back. Further, it is completely contingent upon the Members compliance with this Agreement. In order to earn Cash Back, you must register for an Account, be signed in to one of the Company Properties use the shopping links within the Company Properties, and complete your purchase transaction during the same shopping session you started after clicking on the shopping link. If you visit other sites before completing your purchase or use coupons not provided by Company, your purchase might be associated with a service other than Company and you might not earn Cash Back on your purchase.
Cash Back Exclusions. Cash Back is earned on your net purchase amount, which excludes taxes, fees, shipping, gift-wrapping, discounts or credits, returns or cancellations, and extended warranties. Purchases of gift cards do not qualify for Cash Back. Cash Back amounts vary by store and product category and may contain exclusions in the terms of the offer and/or the applicable store page. Please review these terms carefully.
Any product, brand and company names and logos used, displayed, or referenced on the App and/or the Website may be the trademarks or registered trademarks of their respective owners. Any use of any trademarks appearing on the App and/or the Website without the express written consent of the owner of the trademark is strictly prohibited. Further, any use of Added Influence Features, trademarks, logos is and shall remain the intellectual property of Added Influence.
3. Influencer License Grant to AI and Moral Rights Waiver.
You hereby grant to AI a perpetual, non-exclusive, royalty-free, transferrable, assignable, sub- licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, distribute, print, publish and distribute the Influencer Content.
You hereby waive all moral rights that you may have in the Influencer Content.
4. AI Right to Republish and Edit.
You hereby grant AI the right to:
- republish any Influencer Content in any medium and for no additional compensation, other than as expressly set out in these Terms and Conditions; and
- edit, alter, translate or otherwise modify such Influencer Content in any way whatsoever, in AI’s sole discretion.
5. Merchant Updates
You acknowledge and agree that:
- AI may, from time to time, and with immediate effect, integrate or exclude any Merchants into the Service. The Service may use or link to any existing, unaffiliated Merchant Links (added by you or in user-generated content); and
6. Use Restrictions and Influencer Content Standards
You are prohibited from attempting to circumvent and from violating the security of this App & Website including, without limitation:
- Accessing content and data that is not intended for you;
- Using scripts or disguised redirects to derive financial benefit from AI;
- promote or engage in any unlawful or illegal activities or internet abuse, including unsolicited advertising and spam;
- Attempting to breach or breaching the security and/or authentication measures which are not authorized;
- Restrict, disrupt or disable service to users, hosts, servers or networks or network services or otherwise disrupting AI’s ability to monitor the App & Website;
- Use any robot, spider, or other automatic device, process, or means to access the App & Website for any purpose, including monitoring, or copying any of the material on the App & Website;
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
- Attack the App or Website via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing or crashing; and
- Otherwise attempt to interfere with the proper working of the App & Website.
You must only make factual statements, including about AI, it’s Merchants and their products or services and meet the following standards:
- Do not promote, upload, post, or otherwise make available any material that is abusive, harassing, obscene, vulgar, hateful, sexually explicit, invasive of another’s privacy, defamatory or otherwise objectionable or illegal, or that discriminates based on race, gender, religion, nationality, disability, sexual orientation, age, family status or any other legally protected class.
- Only post or publish content that is your original work and creation.
- Do not post or publish any third-party intellectual property including content, photographs, trade-marks, logos, music or celebrity names, photos, images, voices or other likenesses of an individual without the prior consent of the owner.
- Do not make any statements that are negative, defamatory or potentially damaging in any way about AI or its products or services, or any third party, including any Merchant.
7. Merchant Links.
The AI Features may include custom URLs in the App that link (“Links”) to the Merchant or AI affiliate websites. You may use Links with your Influencer Content on your Influencer Assets. You shall not use the Links on any properties or with any content that is not your own. You shall not frame, minimize, remove, inhibit, or redirect a user from, the full and complete display of any webpage accessed by an end user after clicking on a Link. If AI requests that you remove a Link from your Influencer Assets, you must comply with such request within twenty-four (24) hours. Failure to comply with such request may result in suspension or termination of your AI account and/or forfeiture of payments, as determined by AI in its sole discretion.
You may be eligible to earn compensation (“Fees”) from actions (“Actions”) that result from a user clicking on the Links on your Influencer Assets and making a purchase (or other measurable activities) as determined by AI, in its sole discretion. The specific Actions on which your Fees are based shall be set forth on your AI Account.
Fees and payment terms for your Actions are subject to change without notice at any time. Fees will be determined solely by AI, in its sole discretion, and AI’s determination is final and binding. AI reserves the right to withhold, offset, or charge back your Account due to returns, refunds, reversals, fraud or a default on payment by the Merchant. Fees for Actions based on purchases are not earned and do not become payable until a purchase can no longer be returned (based on the Merchant’s return policy); and when AI has received payment from the Merchant (“Finalized”). AI shall not be liable for payment on any Actions that are not Finalized. Fees do not become payable until AI has reviewed your Account and approved your Account for payment. AI reserves the right to deny approval of your Account for any reason, including, but not limited to, your violation of these Terms and Conditions.
9. Payment Ineligibility.
AI shall not be liable for any payments on transactions that are not Finalized or on Accounts that have not been approved for payment. AI reserves the right to deny payment for any:
- If the Member disables “cookies “on their device the Member will not be able to earn through the App or the Website because the cookie is used to authenticate the transaction and track the purchase back to the Member.
- Actions resulting from any bot, automated program or similar device, as determined by the AI, in its sole discretion;
- Actions generated through deceptive, fraudulent or other invalid means, as determined by AI, in its sole discretion, including, without limitation, any Actions originating from your IP addresses or computers under your control;
- Actions solicited by payment of money, false representation;
your breach of these Terms and Conditions; your violation of applicable federal or provincial laws, statutes, rules, regulations, and orders (collectively, “Applicable Laws”); and
- if AI determines, in its sole discretion, that payment to you will violate Applicable Laws.
Payments for both Cash Back and Influencer commissions are tracked inside the App in your Account and paid the 1st of each month. All payments are subject to a 45-day pending period. Payments are not released until your Account is approved for payment when the earned amounts in your Account exceeds the minimum balance of USD $25.00 (“Minimum Balance“). If your account does not meet the Minimum Balance, any such payments will be deferred until the next pay period, so long as the Minimum Balance is achieved. This process will be repeated until the Account has accumulated enough funds to meet the Minimum Balance.
As a condition of payment of accrued Cash Back or Influencer Commissions, you must: (i) establish and maintain an Active Account (defined below); (ii) provide a valid email address that you own and are able to receive email; (iii) provide a password to protect your Account; and (iv) provide your physical address and/or your valid PayPal email address for receiving payment. If you elect to receive payment via PayPal, you must not use a PayPal account associated with another Program Account. A single PayPal email address cannot be connected to multiple Program Accounts.
AI reserves the right to modify the payment method at any time in its sole discretion. Payment shall be calculated solely based on records maintained by AI.
You are responsible for providing AI with accurate information needed to facilitate payment to you. You are responsible for keeping your payment information updated in your Account. AI hereby disclaims any liability for any payments related to erroneous contact or payment information provided by you. If you dispute any payment made, you must notify AI in writing within thirty (30) days of any such payment by emailing a detailed description of your dispute to the contact information found below. You agree that failure to do so shall result in your waiver of any claim relating to such disputed payment. Moreover, you agree that by granting you permission to dispute the amount of any payment made to you, AI in no way waives its absolute right, as set forth above, to make a final, binding determination, in its sole discretion, of the amounts you are owed.
11. Account Maintenance
- Updating your account. You agree to keep your Account information current, complete and accurate by periodically updating the information through the Company Properties. You must be logged into the App and enter your password to change your Account information and payment preferences. You may check your Account status and recent purchase and/or earning history at any time via the App. You will maintain the confidentiality of your Account information, including username and password by which you access the Program. Any use of your username and password will be deemed to be your use, and Company is entitled to act on instructions received under your password and is not responsible for any credits or debits made to your account by someone else who uses your password. If there is a breach of security through your Account, you will immediately change your password and notify us of such breach. You agree that, unless you have first notified us immediately of any such breach, we should assume that any instruction transmitted using your username and password is yours and has been authorized by you, and we will have no obligation to inquire into the propriety of such instruction.
- Account Activity. An Active Account means you must have engaged in one of the following activities within the past twelve (12) months: (i) updated your Account information, (ii) have shopped or started a shopping trip via the Website, (iii) have accrued Cash Back or (iv) have logged in to your Account. Except where prohibited by applicable law, if you have not engaged in one of the activities in subsections (i)-(iv) for more than twelve (12) consecutive months, Company reserves the right to debit your Account balance two dollars ($2.00) per month (“Maintenance Fee”) to recover the cost of account maintenance in its normal course of business until you reactivate your Account by engaging in one of the activities set forth above in subsections (i)-(iv) or until your account balance is zero. If your account remains inactive for more than twelve (12) consecutive months and the balance in your inactive account is or becomes zero, Company reserves the right to close the Account permanently and cease to maintain your Account records and Program access. Maintenance Fees are nonrefundable but will not cause your account balance to become negative, and will not cause you to owe money to Company.
You are responsible for determining whether any applicable income tax, goods and services tax (HST/GST) or other taxes apply to any payments made or received by you in connection with Influencer Content or the Fees and you are responsible to collect, report, and remit the correct tax to the appropriate tax authority.
13. Advertising Compliance.
In certain jurisdictions, the law requires Influencers to identify when posts are paid for, or other compensation is given, by a company, and also when the Influencer has any other material connection to a company. Influencer agrees to comply with any and all laws, rules, regulations and other legal requirements with respect to sponsored posts, including 16 CFR Part 255 and any guidelines published by the Federal Trade Commission. Examples of required disclosures that may be acceptable include #ad, #paid, or #sponsored, which must be conspicuously displayed within a post.
It is the sole and exclusive obligation of the Influencer to consult their own, professional, legal advisors, and ensure the compliance of all posts in the applicable jurisdiction(s). The foregoing Influencer disclosure obligation is mandatory for all Influencer Content.
14. Data Regulations.
You shall take all necessary and proper measures to protect personal privacy on your Influencer Content, including, without limitation, making all appropriate privacy and data collection and/or data usage disclosures in accordance with Applicable Laws. You will comply with the obligations under applicable data protection, privacy or similar laws that apply to data processed in connection with this Agreement.
You represent and warrant to AI that:
- all information provided by you to AI is correct, accurate, and current;
- your Influencer Content shall be your original work, you are the exclusive owner of your Influencer Content, and your Influencer Content does not infringe, misappropriate or violate a third party’s intellectual property rights or rights of publicity or privacy;
- you will comply with all Applicable Laws, rules, regulations and guidelines, codes of practice, permits, guidance, licences, industry standards, self-regulatory rules, judgments, decisions or requirements and standards related to governing communications, data protection, advertising and marketing, competition, and consumer protection, including the Advertising Standards Canadian Code of Advertising Standards and all other requirements;
- you are solely and exclusively liable for complying with and making all payments under applicable local, provincial, federal and other laws, including laws related to taxation.
- you have the right to grant all of the licenses set forth under these Terms and Conditions, without AI incurring any third party obligations or liability arising out of its exercise of the rights granted by you under these Terms and Conditions;
- you hold any rights or consents necessary for AI to process the visitor information collected by AI from your Influencer Properties in accordance with this Agreement; and
- you will take appropriate technical and operational measures against accidental loss and damage to, and the unlawful processing of, visitor information collected on your Influencer Properties.
16. Independent Contractor.
- It is understood and acknowledged that the Influencer is not an employee or agent of AI. Influencer shall control the conditions, time, details and means, by which Influencer uses the App and/or the Website.
- Influencer has no authority to commit, act for or on behalf of the App or the Website, or to bind the App or the Website to any obligation or liability.
17. Term; Termination, Changes
These Terms and Conditions are immediately effective and shall continue indefinitely until these Terms and Conditions are terminated (“Term”). You may terminate this by deleting your Account and removing the App from your device. AI may terminate this Agreement and your enrollment in the Added Influence Program, in whole or in part, including your access to the Added Influence Services, at any time with or without notice, including without limitation, due to your inactivity or if AI believes, in its sole discretion, that you have violated the terms of this Agreement. Upon the effective date of termination, you will no longer be eligible to earn any additional Fees. Any Actions that are not Finalized as of the effective date of termination are not payable.
We reserve the right, in our sole discretion, to revise and update these Terms and Conditions from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the App and Website. You agree to periodically review these Terms and Conditions in order to be aware of any such modifications and your continued use shall be your acceptance of these. AI may, at any time, discontinue, suspend, modify, substitute, upgrade, replace, or terminate the Added Influence Program, in whole and in part, with or without notice to you.
All non-public, confidential or proprietary information of AI (“Confidential Information”), including, but not limited to operations, strategies, sales, pricing, trade secrets, technology, advertising, marketing, consumers and customers, disclosed by AI to Influencer, whether disclosed orally or disclosed or accessed in written, electronic, or other form or media, and whether or not marked, designated, or otherwise identified as “confidential,” in connection with these Terms and Conditions is confidential, solely for Influencer’s use under these Terms and Conditions and may not be disclosed or copied unless authorized by AI in writing. Confidential Information does not include any information that:
- is or becomes generally available to the public other than as a result of Influencer’s breach of these Terms and Conditions;
- is obtained by Influencer on a non-confidential basis from a third party that was not legally or contractually restricted from disclosing such information;
- Influencer establishes by documentary evidence, was in Influencer’s possession prior to AI’s disclosure hereunder;
- was or is independently developed by Influencer without using any Confidential Information.
Upon AI’s request, Influencer shall promptly return all documents and other materials received from AI. AI shall be entitled to injunctive relief for any violation of this Section.
We do not claim any intellectual property rights over the Influencer Content you provide to the App or to us. All Influencer Content you upload remains yours. You can remove your information at any time by deleting your Account. By uploading Influencer Content, you agree:
- to allow other internet or social media users to view the Influencer Content you post publicly;
- to allow AI to store, and in the case of Influencer Content you post publicly, display, your Influencer Content; and
- that AI can, at any time, review all the Influencer Content submitted to its Service, although AI is not obligated to do so.
You retain ownership over all Influencer Content that you upload to the App. You are responsible for compliance of the Influencer Content with any Applicable Laws.
THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES AND YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE APP & WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE APP & WEBSITE IS AT YOUR OWN RISK. THE APP, WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE APP OR WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON- INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
NEITHER AI NOR ANY AFFILIATES NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SERVICE PROVIDERS MAKES ANY WARRANTY, REPRESENTATION OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY OR AVAILABILITY OF THE APP & WEBSITE OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER AI NOR ANY AFFILIATES NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SERVICE PROVIDERS REPRESENTS OR WARRANTS THAT THE APP, WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE APP & WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR APP & WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
We cannot and do not guarantee or warrant that files or data available for downloading from the internet or the App & Website will be free of viruses or other destructive code. You are solely and entirely responsible for your use of the App & Website and your computer, internet and data security.TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR MOBILE PHONE, TABLET, COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE APP & WEBSITE OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE APP & WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY APP LINKED TO IT.
21. Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW:
UNDER NO CIRCUMSTANCE WILL AI, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SERVICE PROVIDERS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPSENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND,
UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRVIACY OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNNECTION WITH YOUR USE, OR THE INABILITY TO USE, RELIANCE ON, THE APP & WEBSITE, ANY LINKS OR SUCH OTHER THIRD PARTY WEBSITES, NOR ANY APP & WEBSITE CONTENT, MATERIALS, POSTING OR INFORMATION THEREON.
To the maximum extent permitted by Applicable Laws, you agree to defend, indemnify and hold harmless AI and its affiliates, their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including solicitor’s fees) arising out of or relating to your breach of these Terms and Conditions or your use of the App & Website, including, but not limited to the AI Features, any Links or third party sites, any use of the App or Website’s content, services and products other than as expressly authorized in these Terms and Conditions.
You will not engage in any conduct that is disparaging or make any disparaging statements about AI or its Merchants or their respective employees or agents. For the purpose of this Agreement, “disparaging” means a statement that denigrates the reputation, goods, or services of another. You also agree that you will not take any action that could be deemed to interfere with AI’s relationship with any Merchant or other Influencer. Without limiting any other rights or remedies available to AI, violation of this provision may result in termination of this Agreement and of payment of Fees.
- Governing Law.
This Agreement and all related documents, and all matters arising out of or relating to this Agreement, whether in contract, tort, or statute, are governed by, and construed in accordance with, the laws of the province of Nova Scotia and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision or rule (whether of the province of Nova Scotia or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the province of Nova Scotia.
No Waiver. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
You acknowledge you have no right to assign, transfer, delegate or subcontract any of rights or obligations under this Agreement without the prior written consent of AI. Any purported assignment, transfer, delegation, or subcontract in violation of this Section shall be null and void. No assignment, transfer, delegation, or subcontract shall relieve you of any of your obligations hereunder. AI may at any time assign, transfer, delegate or subcontract any or all of its rights or obligations under this Agreement without your prior written consent.
Updated: April 24,2020