Program Terms & Conditions
These terms and membership policy describe the participation requirements
for the ImpactMarketing ('ImpactMarketing')
membership incentive program and its general policies. ImpactMarketing
('ImpactMarketing' or 'we' or 'us') is solely
responsible for the administration of this membership incentive offer. The
owners of trademarked names and merchandise used in our promotions do not
sponsor and have not endorsed this promotion, nor are they affiliated with ImpactMarketing in any way. All trademarks are the property
of their respective owners with all rights reserved.
To become a member of ImpactMarketing and
participate in its membership incentive promotion, you must be at least 18
years old and a legal resident of the
A. BASIC REQUIREMENTS FOR MEMBERSHIP. To maintain a Membership in the ImpactMarketing Service, you must meet the following
requirements and ImpactMarketing reserves the right
to terminate the Membership of anyone who fails to meet these requirements on
an ongoing basis.
A.1) MEMBERSHIP ELIGIBILITY. To participate in ImpactMarketing Service as defined in paragraph A.2, you
must be an individual at least 18 years of age and reside in the
A.2 YOUR RELATIONSHIP TO ImpactMarketing.
By filling out the membership information, you are applying to receive the Service
('Service'). No employee-employer relationship is created by your use of the
Service.
By you joining ImpactMarketing as a member, ImpactMarketing may from time to time select you to
participate in certain product testing and/or market research programs.
However, ImpactMarketing will not be obligated to
choose you for any such programs. Nor will ImpactMarketing
be obligated to guarantee any facet, characteristic or timeline regarding any
such programs.
A.3) PROVIDE ACCURATE INFORMATION. Member must provide valid and truthful
contact information including (but not limited to) name, mailing address, and
e-mail address to ImpactMarketing. Member must
provide this same valid and truthful contact information as required by
advertiser or partner when completing any offer presented by or in conjunction
with ImpactMarketing. ImpactMarketing
reserves the right to terminate any account containing untruthful information
or providing untruthful information to its advertisers or partners in the
process of completing any offer presented by or in conjunction with ImpactMarketing.
A.4) ENROLLMENT. To the full extent allowed by
applicable law, ImpactMarketing at its sole
discretion and for any or no reason may refuse to accept applications for
membership.
A.5) ImpactMarketing NEWSLETTER
AND OTHER EMAILS. By signing up for ImpactMarketing,
you are opting-in to receive ImpactMarketing
newsletters and other special offer emails. If you do not wish to receive these
emails, you may opt-out at any time, by clicking on the opt-out link in the
email messages you receive from ImpactMarketing.
A.6) ACCOUNTS ARE NON-TRANSFERABLE. Your account is personal to you and is
not transferable; You may not allow anyone else to use
your account or to receive a gift earned by you; you may not use anyone else's
account or act to accrue a free gift for anyone else's account; you are
responsible for keeping your account information secret. ImpactMarketing
will not be liable for losses that are incurred through the use of your account
by a third party or the disclosure of your account information.
A.7) TERMINATION AND CANCELLATION. ImpactMarketing at its sole discretion and for any reason
or no reason at all may terminate any Members without prior notice for (a) any
violation of any provision of this Agreement; (b) aiding in or promoting
circumvention of the ImpactMarketing Service; (c)
acting against the business interests or reputation of ImpactMarketing;
(d) otherwise acting unlawfully in relationship to ImpactMarketing,
the ImpactMarketing website or the ImpactMarketing Service; (e) breach of ImpactMarketing's
CAN SPAM Policy; (f) inactivity (defined as the failure to earn any gift in
your ImpactMarketing account) for a continuous 90 day
period; or (g) any other reason at the discretion of ImpactMarketing.
If your account is terminated by ImpactMarketing, you
may not re-enroll or join under a new account unless formally invited to do so
by ImpactMarketing directly in writing. (See Section
G. below for more information about termination of accounts.) You may cancel
your Membership at anytime by notifying ImpactMarketing
through our Help page. If you decide to cancel your membership and later wish
to re-enroll, you will be assigned a new account number and you will not
receive credit for any offer completions using your previous account.
A.8) MEMBER ETIQUETTE. Member agrees not to use, or
attempt to use, any part of ImpactMarketing or the
presentations for other purposes including but not limited to, tampering,
hacking, spoofing, using robots or scripts, copying, distributing, modifying,
or otherwise corrupting the administration, security, or proper function of any
part of ImpactMarketing or the presentations. Member
also agrees not to make any attempt to earn or redeem earnings in a manner
inconsistent with this Agreement, including without limitation attempting to
earn credits through other than legitimate channels as described on the ImpactMarketing website, participating in purchasing or
redemption fraud, or tampering with ImpactMarketing
links. ImpactMarketing reserves the right to
terminate any account violating this Agreement.
A.9) ONE ACCOUNT PER MEMBER OR HOUSEHOLD. You may
only sign up once and maintain one Membership in the Service. ImpactMarketing reserves the right to terminate duplicate
accounts, resulting in the potential loss of accumulated gift credit(s).
A.10) ONE GIFT PER MEMBER OR HOUSEHOLD. Limit of
one (1) gift per member or household. A single member or household may only
redeem 1 gift from ImpactMarketing. In the event that
sufficient offers were completed by the member to qualify for multiple gifts,
the member may redeem only 1 gift among the gifts he/she has completed the
offers for.
A.11) Incentive Gift Redemption Requirements. To
receive the incentive gift for the promotion ('Incentive Gift') you must
complete all of the follow
(a) Submit your zip code to determine geographic eligibility (if requested)
(b) Submit an email address owned by you that is valid and deliverable
(c) Submit your accurate contact and demographic information such as your
mailing address and phone number
(d) Complete a total of required sponsor offers on the site. Each reward has different requirements and
must read in it’s entirety. To 'Complete' an offer,
you must sign up, then get approved for and activate (where applicable*) the
sponsor offer, while following any instructions and terms that are provided.
Additional terms and conditions may apply to participation in select marketing
offers. You should read the terms of each offer as provided by the ImpactMarketing web site and the sponsor web site for an
explanation of these terms where they exist.
* For Discover Card offers, the card must be activated by making a purchase,
balance transfer or cash advance in order for the offer to be considered
completed.
(e) Remain an active member for the duration of the time it takes the sponsors
of all the offers you've completed to report back to us of your successful
completion of their offer. Typically, it takes offer sponsors up to 8 weeks
(but usually 4 - 6 weeks) to report to us that you have completed their offer.
(f) Complete and submit an address confirmation/gift redemption mail-in
voucher form within 90 days of the original date of your member registration.
These conditions above are mandatory for a member to receive their gift.
Once you have completed all the requirements above, we will ship the gift to
your mailing address. Please allow around 4 - 6 weeks for shipping.
These requirements above are specific to the promotion ('Incentive Gift') as
chosen by you during registration. If you were to choose a different incentive
gift, the offer completion requirements as described above are subject to
change.
A.12) TIME LIMIT. You must print out and mail your
Address Confirmation/Gift Redemption Form with a valid postmark within 90 days
after the original date of your membership registration (when you first
requested the gift on our web site) to complete the incentive program and
redeem your incentive gift.
B. NO TAMPERING. You agree not to tamper with the proper functioning and
tracking of the Service. Emulating or 'faking' usage,
will lead to termination of your account and may lead to legal action.
B.1) You agree and understand that although ImpactMarketing will make reasonable efforts to make the
activity detection process fair and consistent, ImpactMarketing
does not guarantee the precision of the process. You will only be credited for
completing offers as reasonably determined by ImpactMarketing
C. SPONSOR OFFERS. If you are accepted by ImpactMarketing
as a member of the ImpactMarketing Service and meet
all the requirements provided in this Agreement you may earn a gift for
completing sponsor offers. Member agrees to comply with this Agreement of ImpactMarketing and its advertisers and partners in the
process of completing any offer presented by or in conjunction with ImpactMarketing. Void where prohibited by law. ImpactMarketing reserves the right to terminate any account
violating this Agreement or the Agreement of any of its advertisers or
partners.
C.1) There are conditions in order for ImpactMarketing members to receive a gift. ImpactMarketing members must have cookies enabled. ImpactMarketing members must not disable javascript pop ups in their web browser. ImpactMarketing members must access the sponsor site
through ImpactMarketing. These conditions are
mandatory so that the sponsor will know that the ImpactMarketing
member used ImpactMarketing to reach the sponsor
site. You agree that all redemption processes shall be done through the
Redemption page on ImpactMarketing.
C.2) ImpactMarketing does not warrant, guarantee,
or insure the quality of any product or service requested from one of the
sponsor offers.
C.3) ImpactMarketing reserves the right to: a)
substitute any gift item with another of similar functionality b) substitute
any gift item with another of similar value c) send a member the cash
equivalent of the gift item (such as a check).
The determination of the official value of the gift item will be at the sole
discretion of ImpactMarketing. Decisions by ImpactMarketing regarding the value of the gift and/or a
suitable alternative gift shall be final.
D. MONITORING YOUR ACCOUNT. You may view your account balance at the ImpactMarketing 'Redemption' web page. Account information
is updated as offer completion confirmation is received from ImpactMarketing sponsor partners. It is your responsibility
to check for status updates in your account on our web site periodically. If
you have a question about your account, contact us through our Help page.
E. YOUR RELATIONSHIP WITH SPONSORS. Your relationship with sponsors whom ImpactMarketing delivers offers for, including payment for
and delivery of related goods or services, entry into and operation of
promotions, discounts or contests, and any other terms, conditions, warranties
or representations associated with such dealings, are solely between you and
such sponsor. you agree not to hold ImpactMarketing liable for any loss or damage of any sort
incurred as the result of any such dealings or as the result of the content
provided by such partners through the Service.
F. TERMINATION. If a Member's account is terminated by ImpactMarketing,
ImpactMarketing may refuse to 'approve' a gift if
such gift were earned in violation, or after violation of this Agreement or
were otherwise unlawfully obtained by the Member. If your account is terminated
by ImpactMarketing, you may not re-enroll or join
under a new account unless formally invited to do so by ImpactMarketing.
G. CAN SPAM/UNSUBSCRIBE. ImpactMarketing
acknowledges and agrees that we understand and comply with all applicable laws
and regulations relating to the Controlling the Assault of Non-Solicited
Pornography and Marketing Act of 2003 (Can-Spam Act of 2003). ImpactMarketing maintains a suppression list and processes
any and all unsubscribe requests within ten (10) business days of receipt of
such requests. If a user chooses to opt-out of future emails, it is the users responsibility to enter their email address on the
Unsubscribe page.
H. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS
AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE'
BASIS. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, ImpactMarketing
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED BY LAW,
CUSTOM OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF
MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A
PARTICULAR PURPOSE OR NON-INFRINGEMENT. ImpactMarketing
MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH
THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.
I. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW,
NEITHER ImpactMarketing NOR ANY OF ITS MEMBERS,
SUBSIDIARIES, PUBLISHERS, SERVICE PROVIDERS, LICENSORS, OFFICERS, DIRECTORS OR
EMPLOYEES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, RESULTING
FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR THE COST OF PROCUREMENT
OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES
PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH
THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S
TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL ImpactMarketing
TOTAL CUMULATIVE LIABILITY TO ANY MEMBER UNDER THIS AGREEMENT EXCEED AN AMOUNT
EQUAL TO ONE CENT (
J. GOVERNING LAW AND OTHER TERMS. Any action related to this Agreement will
be governed by
K. SECURITY. To prevent unauthorized access, maintain data accuracy, and
ensure the correct use of information, ImpactMarketing
has used appropriate industry standard procedures to safeguard the
confidentiality of your personal information, such as firewall, encryption,
token authentication, application proxies, monitoring technology, and adaptive
analysis of network traffic to track abuse of our network and its data.
However, no data transmitted over the Internet can be 100% secure. As a result,
while we strive to protect your personal information, ImpactMarketing
cannot guarantee the security of any information that you transmit to us or
from our sponsors and you do so at your own risk.
ImpactMarketing may revise these terms from time
to time, at our sole discretion, by updating this posting. Unless otherwise
provided, the revised terms will take effect when they are posted. Your
continued use of the Service will signify your acceptance to the modified
terms. Please review the terms on this website frequently to look for changes.
The participant is solely responsible for all applicable federal, state, and
local taxes (if any), associated with the free gift item.
ImpactMarketing has a privacy policy in place to
protect our members. The privacy policy is viewable by viewing the site and is
hereby incorporated into these terms and conditions.
This Agreement constitutes the entire Agreement between you and ImpactMarketing in connection with general membership in ImpactMarketing and supersedes all prior agreements between
the parties regarding the subject matter contained herein. If
any provision of this AGREEMENT is found invalid or unenforceable, that
provision will be enforced to the maximum extent permissible, and the other
provisions of this AGREEMENT will remain in force. No failure by ImpactMarketing to exercise or enforce any of its rights
under this AGREEMENT will act as a waiver of such rights.