Last Updated October 30, 2020
Welcome to PlinkTM, a technology enabled platform that uses a variety of strategies to provide marketing, loyalty and commerce Programs to participating businesses (“Services”). Our technology platform and Program is designed to leverage social media, promotions, automated communications, data and incentives to elevate awareness of participating Merchants and motivate consumers to purchase goods and services at participating Merchants.
Term and Termination.
Payment and Subscription.
Store Credits and Savings
Advertising and Promotions.
The logos, trademarks and other designations of each Party are collectively referred to as the “Trademarks” of that Party. The Company (and its Third-Party Providers) may use the Merchant’s Trademarks in our sales and marketing. We agree to follow any Trademark use guidelines provided by the Merchant in writing. In no event shall we use Merchant’s Trademarks in any defamatory or obscene manner or, as determined by Merchant in its reasonable discretion, in any manner likely to harm the Merchant’s reputation or goodwill. The Company grants Merchant a non-exclusive, non-transferable license to use our Trademarks solely to promote the Company, the Fanstore and related Promotions during the term of this Agreement. Merchant will present to the Company, for its prior approval, any item or material that uses or refers to our Trademarks. Merchant shall not use our Trademarks in advertisements or promotions that contain any reference to any entity that is not related to the Company. Merchant consents to receive periodic advertisements, promotions, and marketing from the Company about our promotions. We agree to use Merchant information solely for the purposes of active promotions and as otherwise permitted herein, and will not sell, deliver, or otherwise transfer Merchant information to another except as permitted herein or unless required by the federal or applicable state laws of the United States of America.
Consent to Collection of Certain Participant Data.
The Company and/or its Third Party Provider must collect certain Transaction Data related to purchases made from the Merchant with registered Payment Cards. To facilitate the collection of this data, we may establish data and/or telecommunications links, and: (a) the Merchant, its employees, and/or appointed agents authorize the Company and its Third Party Providers to use the Merchant’s Transaction Data as contemplated by and in furtherance of the objectives of the Company’s promotions, including for determining the qualification of Participant transactions for credit and for identifying and tracking participating merchant members activity; (b) Merchant authorizes Collinson to enroll Merchant as a participating merchant enabled by Collinson Services and applicable Financial Institutions; and (c) Merchant permits the monitoring, collection, use, disclosure and sharing of related Payment Card Transaction Data for the purpose of enabling the Collinson Services; (d) Merchant acknowledges that it will remain responsible for any fees imposed by its settlement bank, settlement processor, authorization network processor, or the like in its normal course of processing payment transactions; and (e) the Company shall otherwise treat transaction, financial, and Participant information obtained and/or processed by the Company as a result of this Agreement in strict confidence. The Company agrees that it will only use Transaction Data provided to it in connection with this Agreement for purposes of fulfilling its obligations to the Participant(s) and the Parties in connection with the execution of this Agreement.
Merchant consents to the Company’s access and processing of Participant Data and Transaction Data collected from the Program in connection with the Collinson Services, and acknowledges and agrees that the Company, Collinson and its Financial Institutions may use such data for purposes of generating anonymous, aggregated, statistical models and compilations, trend analyses, Program performance analyses, benchmarking, the development of case studies and for internal business purposes so long as such data is not publicly attributable to and no reference is made to the Merchant, and that such data may be otherwise used by Financial Institutions with respect to its card holders in accordance with its Payment Card member rules. In addition to the foregoing, Merchant consents to the Company receiving access to other Merchant data held by Financial Institutions for our business purposes including, but not limited to, meeting certain obligations to Merchant hereunder.
Merchant Data Rights.
If Merchant is provided with any non-aggregated Transaction Data relating to the use of Payment Cards (“Payment Card Data”), Merchant shall use such data solely for purposes of completing or validating Redemption-related transactions or rewards, calculating associated rewards or identifying transaction matches, and not for any marketing, modeling or for any other purposes, and to retain such data only for so long as it has a legitimate business need to retain them for such purposes. Merchant acknowledges and agrees that the Financial Institutions make no representations or warranties as to the accuracy or availability of Payment Card Data, and that the foregoing data rights are subject to change if the corresponding rights derived from the Financial Institutions are hereafter restricted or modified. If for any reason whatsoever Transaction Data from a data provider is no longer available to the Company or Collinson for use or sharing as contemplated under this Agreement, the Company and Collinson reserves the right to discontinue or limit the support of the Program as contemplated hereunder to the extent impacted by the loss of such data.
Representations and Warranties.
Each Party hereby represents and warrants that (a) it has the authority to enter into this Agreement and to fully perform its obligations hereunder, (b) this Agreement does not and will not conflict with any of the Party’s other obligations to any third parties, and (c) it complies and will comply with all applicable laws and regulations. Merchant additionally represents and warrants that the Merchant is authorized and has the necessary third party consents to grant the licenses for the Trademarks as contemplated hereby, and the use by the Company of Merchant’s Trademarks, does not infringe or misappropriate any third party copyright, trademark, right of publicity, or other proprietary right. THE COMPANY AND ITS THIRD-PARTY PROVIDERS PROVIDE THEIR RESPECTIVE SERVICES “AS IS.” THE COMPANY AND ITS THIRD PARTY PROVIDERS DISCLAIM ANY AND ALL PROMISES, REPRESENTATIONS, AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE AGREEMENT, THE FANSTORE, AND ANY OTHER DATA, INFORMATION, OR OTHER MATERIAL FURNISHED TO MERCHANT HEREUNDER; AND WARRANTIES OF NON INFRINGEMENT, TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE. NEITHER THE COMPANY NOR ANY OF ITS THIRD-PARTY PROVIDERS WARRANT THAT ITS PLATFORM OR SITE, ANY INTERNET CONNECTIONS, OR THIRD-PARTY CONNECTIVITY, WILL OPERATE UNINTERRUPTED OR ERROR-FREE. THE COMPANY AND ITS THIRD-PARTY PROVIDERS DISCLAIM ANY AND ALL LIABILITY ARISING FROM THE TRANSMISSION OF INFORMATION OVER THE INTERNET, OR ANY IMPAIRMENT OR DISRUPTION OF THE INTERNET. IF AND TO THE EXTENT THAT THE SERVICES PROVIDED HEREUNDER ARE DELAYED, SUSPENDED OR TERMINATED FOR REASONS BEYOND THE COMPANY’S OR ITS THIRD PARTY PROVIDER’S REASONABLE CONTROL, INCLUDING THE INABILITY OR UNWILLINGNESS OF THIRD PARTIES TO PROVIDE SUPPORTIVE SERVICES, THE COMPANY AND ITS THIRD PARTY PROVIDERS HEREBY DISCLAIM ANY AND ALL LIABILITIES ASSOCIATED THEREWITH. MERCHANT HEREBY ACKNOWLEDGES THAT THE TRANSACTION DATA SUPPLIED BY COLLINSON AND ITS FINANCIAL INSTITUTIONS AND RELATED SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL THE COMPANY BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING ANY CLAIMS FOR LOST PROFITS, LOST BUSINESS, OR LOST DATA) ARISING OUT OF THIS AGREEMENT, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. THE COMPANY’S ENTIRE LIABILITY ARISING FROM OR RELATING TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHER CAUSE OF ACTION WILL NOT EXCEED THE AMOUNTS COLLECTED FROM RESELLER UNDER THIS AGREEMENT IN THE THREE-MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
The Company agrees to indemnify and hold harmless Merchant from and against third party claims, damages, losses, costs or expenses, including reasonable attorneys’ fees, to the extent arising out of the Company’s violation of any law or the Company’s willful misconduct. In no event shall the Company or its Third Party Providers be liable to Merchant or to any third party for any loss of profits, business interruption, or loss of business information; any incidental, special, exemplary, or consequential damages; or any claims or demands brought against Merchant, even if the Company has been advised of the possibility of such damages. Merchant shall defend, indemnify and hold harmless the Company and its Third Party Providers, and their respective affiliates, directors, officers, employees, agents, successors, heirs and assigns (collectively, the “Indemnitees”), from and against any and all losses, costs, liabilities, damages, fines, injuries, interest or expenses (including reasonable attorneys’ fees and costs of investigation and defense) suffered or incurred by any Indemnitee (collectively, “Losses”) to the extent such Losses are attributable to any third party claims, actions or proceedings (collectively, “Third Party Claims”) arising from, based upon or related to: (a) a claim that any Merchant Trademark infringes or otherwise violates any third party intellectual property or other proprietary rights or privacy rights or otherwise violates law; or (b) any violation of law or breach of any covenant, representation or warranty hereunder by Merchant (including payment defaults). Merchant shall pay any judgments, settlement amounts, reasonable attorney’s fees and other costs and expenses of litigation incurred by an Indemnitee of such Third-Party Claims. The foregoing indemnity obligation shall survive any termination or expiration of this Agreement. Merchant is responsible for all activity and content such as data, graphics, photos and links that are uploaded by Merchant into a Fanstore (“Store Content”). Merchant may not use the Fanstore for any illegal or unauthorized purpose or violate any laws in its jurisdiction (including but not limited to copyright laws) or of the United States. The Company does not pre-screen Store Content and it is in the Company’s sole discretion to refuse or remove any Store Content that is available via Merchant’s Fanstore. The Company’s total liability for any cause of action, claim, damages, fees, costs or expenses, excluding claims under this section (Indemnification), shall be limited to the amount of fees paid by Merchant to the Company under this Agreement during the six (6) months immediately preceding the date on which the claim at issue accrued.
Merchant (on its own behalf of that of its respective representatives and affiliates) hereby releases any and all claims that it (or they) may have against Collinson and/or the Financial Institutions for and in connection with any services provided by such Financial Institutions. Collinson and its Financial Institutions shall be deemed third party beneficiaries of this Agreement.
In the event of a dispute arising out of this Agreement, the Parties agree to use good faith efforts to reach a resolution amicably. The Parties will have thirty (30) days from the date the dispute originated to reach a resolution. In the event the good faith efforts are unsuccessful, the Parties agree to mandatory, binding arbitration, following the processes set forth by the American Arbitration Association. The exclusive venue for any such arbitration shall be Los Angeles, California. The cost of the arbitrator’s compensation shall be shared equally by the Parties.
The Parties are independent contractors. Nothing in this Agreement shall be construed to create any employment, partnership, or agency relationship between the Parties. Except as otherwise expressly stated herein, neither Party shall make any representations or warranties, or enter into any agreement or assume any obligation on behalf of the other Party.
This Agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or your actual state of residence. Any claims, legal proceeding, or litigation arising in connection with this Agreement will be brought solely in Los Angeles, California, and you consent to the jurisdiction of such courts. Merchant shall commence an action in relation to an alleged breach of this Agreement within one (1) year from the date of breach, without regard to the date the breach was discovered. Any action not brought within that one (1) year time period shall be barred, without regard to any other limitations period set forth by law or statute.
Changes to this Agreement.
The Company reserves the right to modify, at its sole discretion, this Agreement at any time, so please review frequently. Merchants continued participation in the Company Programs represents Merchant’s acceptance of the modified Agreement. If a material change to this Agreement is necessary, Merchant can terminate this Agreement without penalty by providing notice of termination to Fanbank at 1351 Third Street Promenade, Santa Monica, CA 90401 within thirty (30) days from the date of the change or contacting the Company to cancel Merchant’s services.
This Agreement including all attachments hereto, constitutes the entire agreement between the parties, and supersedes all prior agreements, whether written or oral, regarding the subject matter of this Agreement.
We intend to update our site on a regular basis and although we are under no obligation to do so, we shall modify change, add to, terminate, or suspend any part or all of the site at any time when we believe it is necessary and without notice to you. There may be times when our site is temporarily unavailable during these updates.
The security of information transmitted through the Internet can never be guaranteed. We are not responsible for any interception or interruption of any communications through the Internet or for changes to or losses of data. User is responsible for maintaining the security of any password, user ID, or other form of authentication involved in obtaining access to password protected or secure areas of the Site. In order to protect you and your data, we may suspend your use of the Site, without notice, pending an investigation, if any breach of security is suspected.
TRANSMISSION OF PERSONAL DATA.
ACCESS TO PASSWORD PROTECTED/SECURE AREAS.
Access to and use of password protected and/or secure areas of the Site is restricted to authorized Users only. Unauthorized access to such areas is prohibited and may lead to criminal prosecution.
USE OF INFORMATION.
All information submitted by the User or gathered by us during the User's involvement in our programs, including but not limited to logos and results in the programs, can be used and published by us on our website, promotional materials and articles, and other publications.
LAWS AND REGULATIONS.
Access to and use of this Site is subject to all applicable international, federal, state, and local laws and regulations. User agrees not to use the Site in any way which violates such laws or regulations.
COPYRIGHT, SERVICEMARKS AND TRADEMARKS.
Our logo and the name Fanbank, Fancoins and Plink are trademarks and service marks of the Company. Additionally, the information available on or through this Site is the property of the Company or its licensors, and is protected by copyright, trademarks, and other intellectual property laws. Users may not modify, copy, distribute, transmit, display, publish, sell, license, create derivative works, or otherwise use any information available on or through this Site for commercial or public purposes. Users may not use the trademarks, logos, and service marks ("Marks") for any purpose including, but not limited to, use as "hot links" or meta tags in other pages or sites on the World Wide Web without the written permission of Fanbank or such third party that may own the Mark.
User agrees not to modify, move, add to, delete, or otherwise tamper with the information contained in our website. User also agrees not to decompile, reverse engineer, disassemble or unlawfully use or reproduce any of the software, copyrighted or trademarked material, trade secrets, or other proprietary information contained in the Site.
THIRD PARTY INFORMATION.
Although we monitor the information on the Site, some of the information is supplied by independent third parties. While we endeavor to ensure the accuracy of all information on the Site, it makes no warranty as to the accuracy of any such information.
LINKS TO THIRD PARTY SITES.
This Site may contain links that will allow access to other websites that are not under our control. The links are provided only as a convenience and we do not endorse these sites. We assume no responsibility or liability for any material that may be obtained on other websites reached through this Site, nor do we make any representation regarding the quality of any product or service contained at any such site.
Information and documents provided on this Site are provided "as is" without warranty of any kind, either express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, and non-infringement. We use reasonable efforts to include accurate and up-to-date information on this Site; it does not, however, make any warranties or representations as to its accuracy or completeness. We periodically add, change, improve, or update the information and documents on this Site without notice. It assumes no liability or responsibility for any errors or omissions in the content of this Site. Your use of this Site is at your own risk.
LIMITATION OF LIABILITY.
Under no circumstances shall we be liable for any damages suffered by you, including any incidental, special, or consequential damages (including, without limitation, any lost profits or damages for business interruption, loss of information, programs or other data) that result from access to, use of, or inability to use this site or due to any breach of security associated with the transmission of information through the internet, even if we were advised of the possibility of such damages.
These terms and conditions shall be governed and construed in accordance with the laws of the Los Angeles, California, USA, and applicable federal laws without regard to conflicts of law principles. User agrees that any and all proceedings relating to this site and the subject matter contained herein shall be maintained in the courts of the State of California or the federal district courts sitting in California, which courts shall have exclusive jurisdiction for such purpose.
Welcome to PlinkTM, your personal savings program!
This Agreement is between you (“you” or “Participant”) and Fanbank, Inc., a Delaware corporation, also operating as Plink (“Fanbank,” “Plink,” “Company,” “we” or “us”) concerning your use of the Personal Savings Program and platform known as Plink and/or Fanbank (“Program” or “Service”).
The Company owns the Fanbank and Plink trademarks, operates the Program and owns and operates the www.plink.ai and www.fanbank.com websites. We invite consumers to visit our site and register for the Program to receive various personal savings and incentives including cash back, gift cards, discounts, coupons and FancoinsTM (“Personal Savings” or “Savings”). We value our relationship with you, our Participants – our platform allows businesses to offer you Personal Savings in exchange for your patronage.
When using the Program, you agree that you are subject to any additional posted guidelines, rules, terms and conditions applicable to such use of the Program, which are hereby incorporated by reference into this Agreement.
How it Works.
We enter into agreements with businesses (“Merchants”). These Merchants agree to offer a variety of Personal Savings through our platform to customers as an incentive to make purchases (“Program”). Customers may participate in the Program by enrolling through our website. Participants may enroll credit and debit cards with the payment card networks through our platform and then use these enrolled cards to make purchases from the participating Merchants to earn Personal Savings (subject to restrictions, “Qualified Transactions”).
The same Merchants, along with other partners, (collectively, “Incentive Providers”) provide Personal Savings. The Company arranges for Participants to receive Savings from Qualified Transactions through a variety of methods which may include rebates, discounts, statement credits, prepaid cards, or Fancoins. While certain Savings may be redeemed for cash, Savings themselves have no cash value. The Company enables Merchants to determine the quantity of Savings they want to offer Participants for Qualified Transactions with that Merchant. The Company also enables Merchants to sell store credits through the platform that can later be redeemed by making a purchase directly from a Merchant (“Store Credits”). Store Credits carry a cash value of the Store Credit net of the cash value of any incentive, reward or gift card provided at the time of the purchase. The Company identifies the Qualified Transactions by arranging for enrolled debit and credit card transaction data from the Merchant to be processed by a data processor who has security qualifications meeting exacting standards of the Payment Card Industry (“PCI Compliant”).
How to Participate.
To receive Personal Savings from the Program, you need to enroll at www.plink.ai. You will need to provide an email address and password, agree to these Terms and Service, enroll one or more credit and debit cards on the Company’s web site, agree to the Card Linking Terms of our third-party data processor(s), and then use such enrolled credit and debit card at a participating Merchant. You may register up to ten (10) credit and/or debit cards that have been issued to you. Generally, most credit and debit cards with a logo from MasterCard®, Visa® or American Express® (collectively, “Third-Party Service Providers” or “Third-Party”) are eligible for participation. However, some credit and/or debit cards issued on behalf of corporations for their employees may not be eligible for participation, see further details below. Also, some categories of credit and/or debit cards, including certain affinity cards, gift cards, stored value cards, and pre-paid cards may not be eligible for participation in the Program as detailed below.
Once you have registered, you can find Merchants on the www.plink.ai web site. Registered eligible cards must be used at Merchants or on our platform as credit transactions, not PIN or ATM based transactions, to qualify for Savings. The Company encourages you to actively manage and keep current your credit and debit cards enrolled with us. Though we take commercially reasonable precautions to protect any personal information you provide, the Company relies upon you to ensure your registration information is up to date, so we can contact you in case of a breach. It is your responsibility to create a unique password in accord with current standards.
Not all MasterCard, Visa or American Express cards are eligible for registration. Visa, MasterCard, and American Express Corporate cards, Visa, MasterCard, and American Express Purchasing cards, non-reloadable prepaid cards, government-administered prepaid cards (including EBT cards), healthcare (including Health Savings Account (HSA) or Flexible Spending Account (FSA) or insurance prepaid cards, Visa Buxx, and Visa-, MasterCard-, and American Express-branded cards whose transactions are not processed through the Visa U.S.A payment system, MasterCard payment system, and/or American Express payment system are not eligible to participate.
Not all transactions with your enrolled Visa, MasterCard and American Express card are tracked by Visa, MasterCard and American Express.
You acknowledge that Visa, MasterCard, and American Express may be unable to monitor every transaction made with your enrolled Visa, MasterCard, or American Express card, including PIN-based purchases, purchases you initiate through identification technology that substitutes for a PIN, payments made through other payment methods (such as a digital wallet or a third-party payment app, where you may choose your Visa, MasterCard, or American Express card as a funding source, but you do not present your card directly to the merchant), payments of existing balances, balance transfers, or transactions that are not processed or submitted through the Visa U.S.A., MasterCard, and American Express payment systems, and that these transactions are not eligible.
If you enroll a debit card, your transaction must be processed as a ‘credit’ (i.e., signature) transaction to make sure the transaction can be monitored. Do not use a Personal Identification Number (PIN) when paying for your purchases with your eligible card if you want the transaction to be eligible for Personal Savings or offer completion.
Merchants, not the Company, are responsible for all Savings and Store Credits. The Company is the settlement platform. Upon issuance and redemption of Personal Savings or a Store Credit, we will settle the Savings or Store Credit between you and Merchant. If we are unable to settle the Savings or Store Credit with a Merchant, we are not responsible, and you must settle with the Merchant directly. Should Merchant cancel its membership with the Company, we will expire all Savings and attempt to settle any unused Store Credits, net of incentive or gift card amounts. If we are unable to settle unused Store Credits with a cancelled Merchant, we will not refund any money to you and you must settle directly with the Merchant. The Company has no liability for the cash value of Store Credits, that liability remains with Merchant at all times.
The Company’s Program includes Merchants from more than one industry and we may add or remove industry categories and/or individual Merchants at any time. With certain Merchants, Savings will be provided only up to a specified per transaction limit, even if the transaction amount is greater than the specified limit. You are prohibited from splitting transactions into multiple transactions for the purpose of circumventing this limitation. Per transaction limits and other merchant-specific restrictions, if any, will be specified in the offer you may receive from time to time or at www.plink.ai
If your Savings result in a statement credit, statement credits will not appear or be reflected on your transaction receipt from the Merchant at the time of purchase, and will instead be reflected on your periodic card statement. Subject to eligibility verification and settlement of the Qualified Transaction, statement credits will typically appear on your card statement approximately 10 days after the Qualified Transaction, but may be subject to delays. In the case that statement credits are issued by a Third-Party partner, the timing is subject to that Third Party’s process and are outside of the hands of the Company.
Please allow up to 10 business days for your Savings to be posted in your account. In the event that Savings do not appear on your account, contact us at email@example.com. Ensure that you retain your original receipts or debit and credit card statements so that the Company can verify that your use of a card was a Qualified Transaction. Correspondence to the Company should include your name and member number and be sent to the above email address or sent via U.S. Mail to our address below within 90 days of the original transaction. Please do not include full credit or debit card numbers (include the last 4 digits only) in communications with us. Requests sent in after the 90-day period or which otherwise do not comply with the foregoing requirements will not be considered. No adjustments will be made on previous purchases.
Offers and Personal Savings cannot be combined with employee discounts, or other offers and discounts. Personal Savings and offers are not transferable. To remove enrolled debit or credit cards, login at www.plink.ai and go to the Manage Cards area of your Profile and remove your enrolled card.
Personal Savings carry no cash value. All unused Savings expire at 1 year from issuance or sooner subject to the details of the offer. All Savings automatically expire if the issuing Merchant cancels their membership with us.
In registering, you are affirming that you are an individual person (not acting as another legal entity), are at least 18 years old, and have authority to enter into legally binding obligations. The information you provide in enrolling credit and debit cards and otherwise participating in the Program must be accurate. If it is not, the Company reserves the right to cancel your participation. Similarly, if you take any action intended to cause you to be provided with more Savings than you are entitled to under the normal operation, or the letter and spirit of our Program, we may rescind the Savings, or seek monetary and other legal remedies against you.
As a condition of your participation in the Program, you agree that you meet the criteria set forth above, and that:
You will not do any of the following:
Distinctions between Merchants, the Company and Incentive Providers:
Data Receipt Requirements.
The Company relies upon data feeds from certain credit and debit card transaction processing companies to retrieve data to identify Qualified Transactions. We will take commercially reasonable steps to ensure that data feeds and payment with regard to Qualified Transactions are obtained. However, we will not be obligated to provide Personal Savings with regard to any Qualified Transactions for which we do not receive complete and accurate data and compensation from the Merchants, regardless of the reason.
Your payment card may only be enrolled in one program operated by Collinson Group at a time. If you have already enrolled a payment card with a separate program operated by Collinson Group, you will be unable to register that card with both the Company and the other Collinson Group-operated program. You may enroll another payment card with the Company or deactivate your card with the other Collinson Group-operated programs.
Data Processing Errors.
The Company uses the services of one or more data processing companies to compute Personal Savings for each Qualified Transaction. We will use commercially reasonable efforts to ensure that the data processing companies provide complete and accurate computations. However, in the event of errors or omissions, either in the processing or the transmission of the data, if correction of the error involves extraordinary amounts of either payments, expenses or effort, we reserve the right to correct the problem without sorting out historical inaccuracies. However, in the event that such errors caused undue amounts of Savings to be awarded, we may adjust the transaction or deduct the amount of the error from future Savings computations.
The agreements that the Company enters into with Merchants require the Merchants to notify us in advance of the Merchant ending its participation in the Program. We will remove any such Merchant from the listing of Merchants on our Merchant locator. The agreements between the Company and the Merchants also prohibits the Merchants from using our marks and logos or to otherwise indicate that they are part of our Program if they are not participating in the program. We take commercially reasonable steps to ensure that no third-parties are displaying our logos or indicating that they are participants in our program if they are not. However, we do not guarantee that every Merchant displaying our logos or listed as a Merchant is then currently an active participant in the Program, or that they will compensate us for Qualified Transactions, and we will not process Personal Savings unless data and compensation are actually received from a Merchant associated with the Qualified Transaction. Please email or write us if you believe there were Qualified Transactions for which you did not receive credit so that we may address the issue and prevent unauthorized use of our Program. Additionally, the Company does not guarantee that any Merchant will accept any particular registered card.
Use of Your Information.
Ownership of Intellectual Property.
Unless otherwise expressly noted, all materials, including, without limitation, all images, illustrations, designs, icons, photographs, software, video clips, and written and other materials that are part of the Program (including, without limitation, the Web Pages) are protected by copyright, trademarks, trade dress and/or other intellectual properties owned by or licensed to the Company.
The Incentive Providers’ logos and marks are registered trademarks of the respective Incentive Providers, used by the Company with permission, and we cannot and do not grant any right for participants or Web Page visitors to use these marks.
“Fanbank,” “Plink” and “Fancoin(s)” are service marks owned by the Company and we do not grant any right for participants or Web Page visitors to use these marks. All rights in the intellectual property that is part of or contained in the Company’s program including copyright, trademarks, trade secret and patent rights are reserved. You covenant that you will take no action to register or otherwise interfere with or challenge such intellectual property rights. The Company hereby authorizes you to make a single printed copy of the Web Pages for your use in learning about, evaluating, or participating in the Program. No other permission is granted to you to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter or modify, create derivative works from, compile facts or information from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the information. You may not use any robot, spider or other automatic device, nor may you use any manual process, to monitor materials available through the Web Pages.
Copyright Policy and Digital Millennium Copyright Act (DMCA) Procedures.
The Company reserves the right to terminate its agreement if you infringe any third-party copyrights. If you believe that any material has been posted via the Web Pages by us or any user constitutes copyright infringement, you shall provide us with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification of the copyrighted work and the location on the Web Pages of the allegedly infringing work; (c) a written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) your name and contact information, including telephone number and e-mail address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.Contact information for the Company’s DMCA Agent for notice of claims of copyright infringement is: Fanbank, Inc. 1351 3rd Street Promenade, Suite 301, Santa Monica, CA 90401
Disclaimer of Warranty.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY AND ITS AFFILIATES, LICENSORS AND SUPPLIERS, INCLUDING PAYMENT CARD NETWORKS AND PAYMENT PROCESSORS, EXPRESSLY DISCLAIM ANY WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE COMPANY AND ITS AFFILIATES, LICENSORS AND SUPPLIERS, INCLUDING PAYMENT CARD NETWORKS AND PAYMENT PROCESSORS, DO NOT WARRANT THE DATA, CONTENT, ANALYTICS, FEATURES, OR INFORMATION PROVIDED THROUGH THE PROGRAM, INCLUDING WITHOUT LIMITATION TRANSACTION DATA OR USER SUBMISSIONS OR OTHER DATA PROVIDED BY OTHER USERS, TO BE UNINTERRUPTED, ACCURATE, USEFUL, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS.
YOU EXPRESSLY AGREE THAT USE OF THE PROGRAM AND THE COMPANY’S WEB SITES IS AT YOUR SOLE RISK. NEITHER THE COMPANY, ITS SUBSIDIARIES AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SERVICE OR THE WEB SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO: THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE PROGRAM OR THE WEB SITES, OR THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR VOUCHERS PROVIDED THROUGH THIS SITE. THE SERVICE AND THE WEB SITES ARE MADE ACCESSIBLE ON AN “AS IS” AND “AS AVAILABLE” BASIS.
While we try to maintain the integrity and security of the Program and the servers from which the Program is operated, we do not guarantee that the Program will be or remain secure, complete or correct, or that access to the Program will be uninterrupted. The Program may include inaccuracies, errors and materials that violate or conflict with these Terms of Service. Additionally, third-parties may make unauthorized alterations to the Program. If you become aware of any unauthorized third-party alteration to the Program, contact us at www.plink.ai with a description of the material(s) at issue and the URL or location on the Program where such material(s) appear.
Limitation of Liability.
UNDER NO CIRCUMSTANCES WILL THE COMPANY, ITS SUBSIDIARIES, OR AFFILIATES, OR COLLINSON CLO OR ITS AFFILIATES, OR PAYMENT CARD NETWORKS AND PAYMENT PROCESSORS, OR ANY CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS (INCLUDING PAYMENT CARD NETWORKS OR PAYMENT PROCESSORS) BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OR RELATED TO THE PROGRAM, EVEN IF PROGRAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL THE COMPANY OR ITS AFFILIATES', CONTRACTORS', EMPLOYEES', AGENTS', OR THIRD-PARTY PARTNERS' OR SUPPLIERS', INCLUDING PAYMENT CARD NETWORKS’ AND PAYMENT PROCESSORS’, TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PROGRAM (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNT RECEIVED FROM MERCHANTS WITH REGARD TO THE RELEVANT QUALIFIED TRANSACTIONS, AND TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS SHALL NOT EXCEED THE AMOUNTS PAID BY MERCHANTS WITH REGARD TO QUALIFIED TRANSACTIONS ASSOCIATED WITH YOUR PROPERLY REGISTERED CARDS DURING THE THREE MONTHS PRECEDING THE BRINGING OF ANY CLAIM, OR TWO HUNDRED FIFTY DOLLARS, WHICHEVER IS LESS.
You agree to defend, indemnify and hold harmless the Company, its affiliated entities including Third-Party Service Providers (“Affiliated Entities”) and their respective employees, officers, directors, shareholders, affiliates, agents, representatives, licensors, suppliers and service providers, from and against all claims, losses, costs and expenses (including attorneys’ fees) arising out of (a) your use of, or activities in connection with, the Program (including all Personal Savings); or (b) any violation of these Terms of Service by you.
You are responsible for any tax consequences resulting from your receipt of any Personal Savings including Fancoins. The Company may report such Fancoins and Savings to the relevant tax authorities.
Except where prohibited, agreement to these Terms of Service and use of the Program constitutes your consent to the Company’s use of your name, likeness, photographs, testimonial, and voice opinions for promotional purposes in any media without further payment or additional consideration.
Consent to Electronic Notice.
You consent to receive notices and communications via posting to the Program, by e-mail, or by regular mail, in the Company’s discretion. The Program may also provide notices of changes to these Terms of Service or other matters by displaying such notices or by providing links to such notices. You agree that all terms of service, agreements, notices, disclosures and other communications that the Company provides or makes available to you in electronic form will satisfy any legal requirement that such communications must be in writing. The foregoing sentence does not affect your non-waivable rights.
These Terms of Service are effective until terminated. The Company, in its sole discretion, may terminate your access to or use of the Program, at any time and for any reason, including if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Upon any such termination, your right to use the Program will immediately cease. Further, you will forfeit any and all accrued Personal Savings that you have earned through Qualified Transactions. You agree that any termination of your access to or use of the Program may be affected without prior notice, and that we may immediately deactivate or delete your password and user name, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that the Company and the Affiliated Entities shall not be liable to you or any third-party for any termination of your access to the Program or to any such information or files and shall not be required to make such information or files available to you after any such termination.
Voluntary Waiver of Right to Jury Trial and Class Actions.
You and we agree that neither you nor we have the right to litigate any claim, dispute or controversy by either you or us, arising out of or relating in any way to these Terms of Service, including claims regarding the applicability, enforceability or validity of any provisions of this Agreement (each a “Claim”) in court, nor do either of us have the right to a jury trial on any Claim. YOU AGREE THAT YOU ARE VOLUNTARILY AND KNOWINGLY WAIVING ANY RIGHT YOU MAY HAVE TO GO TO COURT OR TO HAVE A JURY TRIAL. FURTHERMORE, NEITHER YOU NOR WE MAY SERVE AS A REPRESENTATIVE, A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY IN CONNECTION WITH ANY CLAIM. SIMILARLY, NEITHER YOU NOR WE MAY PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS IN A LAWSUIT OF ANY CLAIM.
You and we agree that any cause of action arising out of or related to the Program or these Terms of Service must commence within one (1) year after the cause of action accrues, otherwise such cause of action is permanently barred to the extent permitted by applicable law.
If you have any questions regarding the meaning or application of these Terms of Service, please direct such questions to:
1351 3rd Street Promenade, Suite 301
Santa Monica, CA 90401
Please note that email communications will not necessarily be secure; accordingly, you should not include credit and debit card information or other sensitive information in your e-mail correspondence with us.
These Terms of Service do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and the Company. If any provision of these Terms of Service is found to be unlawful, void or for any reason unenforceable under any law or statute consistent with the Federal Arbitration Act, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision; however, the prohibition on class arbitration is not severable from the remainder of this Agreement, and in the event that a court deems such prohibition on class arbitration invalid or unenforceable, any subsequent class action or representative proceeding shall be in a court of law, and will not be subject to binding arbitration. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. This, together with all policies referred to herein, is the entire Agreement between you and the Company relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and the Company relating to such subject matter. Without limitation, you agree that a printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial, administrative or arbitral proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Company will not be responsible for failures to fulfill any obligations due to causes beyond its control.
# # #