Website Terms and Conditions

Overview

II. REFERRALS

1. Tracking

   Members can use their Referral URL to refer other Members to DailyRewards®. Because DailyRewards® allows only one Account per Computer, our referral tracking software will not allow one Member to refer another Member if they are using the same Computer.

2. SPAM and Unsolicited Email

   Members may not SPAM (send unsolicited email to persons they do not know) in order to refer other Members to DailyRewards®. We cannot possibly list all acceptable and unacceptable methods of advertising. If a Member has a specific question as to whether or not a particular advertising method is acceptable, they should contact us prior to engaging in that action.

   1. Members may not send Unsolicited Email advertising DailyRewards®
   2. Members may send Solicited Email to their subscribers advertising DailyRewards®. However, Members must adhere to all current legislation, including the CAN-SPAM Act and Canadian Anti-Spam Legislation.

3. Refer-a-Friend Service

   Members may use our Refer-a-Friend Service to automatically send an Email notification to their friends. However, if the Member’s Refer-a-Friend Email results in a SPAM complaint, the Member’s Account may be terminated. Members should use the Refer-a-Friend Service to notify only their close personal friends.

4. False Advertising and Testimonials

   Members may not make untrue or exaggerated statements when advertising DailyRewards® or engage in any unfair or deceptive trade practice as defined by law. For example, a Member may not put on their Web Site: “Join DailyRewards® and get paid C$1.00 for every Email you read!” If the Member provides information about DailyRewards® on their website, they must ensure the information is updated and accurate. Member’s Account may be terminated for false advertising.

   You must be especially careful to obey applicable laws and regulations regarding testimonial or endorsement by you recommending DailyRewards®, an Advertiser or Offer, so that such testimonial or endorsement is not false or misleading. For example, if you made an online statement recommending DailyRewards®, then you should also disclose the material connection between yourself and DailyRewards®. For greater detail, please see the Competition Bureau of Canada’s guidance found in s. 2 of the following document, under the heading “Representations relating to products”:

   http://www.competitionbureau.gc.ca/eic/site/cb-bc.nsf/eng/00513.html

5. Referral Rewards

   Referral Rewards are credited to a Member’s Account for all qualified earnings generated by Members they refer to DailyRewards®. Qualified earnings are defined in the Support Centre.

III. INACTIVITY

IV. PERMANENT REMOVAL

If a Member does not visit our website while being logged in or confirm a PaidEmail® at least one time within a 6-month period, their Account will be permanently removed and all Cash or other items accrued will be forfeited. In the event of a death of any Member, such Member’s Account is automatically and immediately terminated, and all Cash or other items accrued in such Account are forfeited.

V. CASH EARNING ACTIVITIES

VI. CASH AND PAYMENT

1. About Cash in Your Account

   You can earn Cash which is credited to your Account as described in the other sections of these Terms and Conditions, and which is subject to your compliance with all Terms and Conditions. Your Account, including any Cash or other credits in your Account, is non-transferable and non-assignable, and may not be pooled, lent, sold, or exchanged. We may change rules about requesting Cash payment or redeeming other credits in your Account at any time and such changed rules will apply to Cash already accrued as well as to Cash accrued in the future. You may request Cash payment out of your Account (also referred to as “redeeming” Cash) only as permitted by these Terms and Conditions. Redeeming Cash and receipt of any payment by you is contingent upon your: (1) full compliance with these Terms and Conditions generally; and (2) compliance with the specific rules or terms then in effect for the particular redemption offer.

2. Conditions to Redeeming Your Cash

   NO REDEMPTION OF CASH UNTIL YOU HAVE ACCRUED A CURRENT BALANCE OF AT LEAST THIRTY CANADIAN DOLLARS IN YOUR ACCOUNT (C$30.00) (THE “MINIMUM PAYMENT AMOUNT”). The terms “cash,” “dollars,” and similar terms are used interchangeably in this website. you have no right to redeem the “cash” in your account, and we have no liability or obligation to pay you whatsoever, unless and until you have accrued at least the minimum payment amount in your account. unless and until you have accrued the minimum payment amount, such “cash” is deemed a contingent liability, which is entirely contingent upon: (1) your accrual of at least the minimum payment amount in your account, and (2) your full compliance with these terms and conditions. unless and until your account balance reaches the minimum payment amount, the “cash” in your account has no cash value.

   For example, if you open an account with an initial balance of five Canadian dollars (c$5.00), and then accrue another ten Canadian dollars (c$10.00) in cash in your account, for a total of c$15.00, you are not eligible to receive any payment, and we are not liable to you for any amount. in this example you would have to earn yet another fifteen Canadian dollars (c$15.00), for a total of thirty Canadian dollars (c$30.00) of an accrued & current balance, before you would be entitled to any payment.

3. Requesting Payment

   You can request payment of the Cash in your Account, subject to the remainder of these Terms and Conditions, by clicking the “Request Payment” link under the “My Account” tab. As noted above, you may not request payment and the Cash in your Account has no actual cash value until you have accrued at least the Minimum Payment Amount. A description of each payment request method will be displayed, and if the Member’s Account balance is large enough, a link to request that method of payment will also be displayed. Currently, the Minimum Payment Amount required to request a payment is a current balance of C$30.00; however, this amount may change. Members may have only one pending payment request at a time. If a Member does not receive a payment due to providing inaccurate or invalid contact information the fee to process a replacement payment is Five Canadian Dollars (C$5.00).

4. Tax Matters

   You are responsible for any and all tax liability arising from or associated with your use of this Website, including liability arising from your accrual of Cash or your redemption of Cash for cash or other items. We will require you to provide necessary tax information about yourself prior to receiving payment when requesting payment greater than C$500 at one time or cumulatively during a calendar year. DailyRewards® will file a T4A tax form for any Member who earns C$500 or greater in one calendar year from our company, DailyRewards Canada, Inc.

5. Payment Schedule

   Requests to redeem Cash and send payments are processed on the first Wednesday that occurs at least 8 days after the payment was requested. This means payment requests will be processed between 10 and 16 days after request. After requesting payment, Members can view their scheduled payment processing date by clicking the “My Profile” link under the “My Account” tab.

   Payments are processed on Wednesday of every week and generally delivered within 3 days, depending on holidays and how many payment requests there are for that week.

   All payments are inspected immediately prior to processing. Payment requests belonging to Members who have become Inactive (as described above) or who have duplicate Accounts will not be processed and will be removed.

6. Returns and Reversals

   Any time you return a purchased item for which you received Cash in your Account, and any time you void, cancel, rescind, or reverse any Cash Shopping transaction for which you received Cash in your Account, DailyRewards® may subtract a corresponding amount of Cash from your Account. Similarly, if any Advertiser notifies us that it is reversing its transaction with you for any reason on any of our Cash generating activities, we will subtract a corresponding amount of Cash from your Account. A pattern of completing Offers followed by reversals is considered fraudulent activity, and may result in the termination of your DailyRewards® account and forfeiture of your Cash earnings and referrals.

7. Fraud Prevention

   DailyRewards® reserves the right to request further information from Members to ensure they have not fraudulently completed Offers. This information may include, but is not limited to, a copy of the credit card statement that was used to complete the Offers, in order to ensure a stolen credit card was not used.

   DailyRewards® reserves the right to place any payment request on hold, for any reason, until the requested information has been provided by the Member. Notice will be given to the Member to provide this information if requested. If the Member does not provide this information before their payment is scheduled to be processed, their Account will be suspended until they do so.

   All decisions by DailyRewards® regarding fraud or suspected fraud are binding and final.

VII. GENERAL TERMS

1. Copyrights and Trademarks

   All content, materials, images, and other items on or accessed directly through this Website (collectively, the “Content”) belong to DailyRewards®, its third party licensors, or third party Advertisers. There are some important rules about using and copying the Content. You may download or print one copy of the Content on this Website, but only for your personal, noncommercial use. When you download or print a copy of the Content, you must also include all copyright and other notices that are in the Content, including the copyright notice on the bottom of the page.

   The Content is protected by United States, Canadian and foreign copyright laws. If you use the Content in a way that is not clearly allowed by these Terms and Conditions, you are violating your agreement with us and may be violating copyright, trademark, and other laws. In that case, we automatically revoke your license to use the Content and you must immediately destroy any copies you have made. All right, title, and interest in and to the Content remains with DailyRewards® or our third party licensors. All rights not expressly granted are reserved.

2. Third Party Services

   To enhance the value of the DailyRewards® service to its Members, we may share certain Member information with third parties, including demographic and other useful information. We will protect and require third parties to protect personal information as described in our Privacy Policy. And you agree that we may use and share information as described in our Privacy Policy. And you agree that we may use, share, and store information as described in our Privacy Policy.

3. LIMITATION OF LIABILITY

   YOU AGREE THAT NEITHER DAILYREWARDS®, NOR ANY PERSON OR COMPANY ASSOCIATED WITH DAILYREWARDS®, INCLUDING ADVERTISERS OR THIRD PARTY SUPPLIERS (COLLECTIVELY, THE “COVERED ENTITIES”) SHALL BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEBSITE OR THE MATERIALS ON THIS WEBSITE. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS ALL LOSSES AND CLAIMS OF ANY TYPE INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION.

   THE TOTAL LIABILITY OF COVERED ENTITIES FOR LOSSES, DAMAGES, OR CLAIMS OF ANY KIND SHALL BE LIMITED TO THE AMOUNT OF YOUR ACTUAL DAMAGES, NOT TO EXCEED U.S. $ 100.00 IN AGGREGATE FOR ANY AND ALL CLAIMS. THE LIMIT OF LIABILITY MAY NOT BE EFFECTIVE IN SOME PROVINCES. IN NO EVENT SHALL THE COVERED ENTITIES BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT DESCRIBED ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE, RESULTING FROM ANY USE OF THE WEB SITE OR MATERIALS ARE EXCLUDED EVEN IF THE COVERED ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

   Some jurisdictions do not allow the exclusion or limitation on incidental or consequential damages, so the above limitations or exclusions may not apply to you.

4. NO WARRANTY

   ALL CONTENT ON THIS WEBSITE IS PROVIDED TO YOU ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. DAILYREWARDS® MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS WEBSITE, INCLUDING BUT NOT LIMITED TO THE OFFERS PROVIDED BY ADVERTISERS. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE WEBSITE AND THE CONTENT AVAILABLE ON THE WEBSITE OR LINKED TO BY THE WEBSITE IS AT YOUR SOLE RISK. DAILYREWARDS® MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE WEBSITE OR FROM LINKED WEBSITES IS FREE OF VIRUSES OR SIMILAR DESTRUCTIVE PROGRAMMERS. YOU AGREE THAT DAILYREWARDS® SHALL NOT BE LIABLE FOR ANY CLAIM OR DAMAGES RELATED TO ANY LOSS, DESTRUCTION, OR ALTERATION OF DATA RELATED TO YOUR USE OF THE WEBSITE. THE FOREGOING DISCLAIMER INCLUDES BUT IS NOT LIMITED TO RELIANCE BY YOU OR ANY THIRD PARTY ON ANY CONTENT OR INFORMATION OBTAINED THROUGH THE USE OF THE WEBSITE, OR ANY DAMAGE OR HARM RESULTING FROM ANY MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE WEBSITE, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE, OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEBSITE, OR RELATED INFORMATION OR PROGRAMMES.

   Some jurisdictions do not allow some or all of the forgoing exclusion of certain warranties, and therefore, some of the foregoing exclusions may not apply to you. You may also have other rights, which may vary from jurisdiction to jurisdiction.

5. Indemnity

   You agree to indemnify, defend and hold the Covered Entities described above harmless from and against any and all costs, liabilities, losses, and expenses (including, but not limited to, reasonable attorneys’ fees) resulting from any claim, suit, action, or proceeding brought by any third party against any of the Covered Entities alleging or arising from or related to your use of the Website or any breach of these Terms of Use by you. This paragraph survives expiration or termination of your membership or these Terms of Use.

6. Independent Contractor

   You and DailyRewards® are independent contractors as to one another. You are not DailyRewards® agent or employee for any purpose and shall not hold yourself out as DailyRewards® agent or employee.

7. Contact Us

   Our contact information is:

   DailyRewards Canada, Inc.
   1295 Northland Drive
   Suite 300
   Mendota Heights, MN 55120
   USA
   

   Members seeking support for their DailyRewards® account should login to the Member’s Section and click the “Support Centre” link.

8. Governing Law and Jurisdiction

   You hereby agree that the only proper jurisdiction and venue for any dispute with DailyRewards® or any of the other Covered Entities, or in any way relating to your use of this Website, is in the state and federal courts in the State of Minnesota, U.S.A. You further agree and consent to the exercise of personal jurisdiction in these courts in connection with any dispute involving DailyRewards® or the Covered Entities. Any claims arising form or related to your use of this Website or relating to the information, services or products available on this Website will be governed by the laws of the State of Minnesota, excluding the application of its conflicts of law rules. You agree that any cause of action arising out of or relating to these Terms of Use or your use of the Website will be commenced by you within one (1) year after such cause of action arose. Actions not commenced by you within one (1) year are permanently barred.

9. Limitation on Claims

   You agree that in the event you have or may have any alleged claim against DailyRewards® or any Covered Entity, you shall pursue such claim only in your individual capacity, and you shall not agree to join or be a part of any class action, consolidated action, or similar action. You also agree that your damages are limited as set forth elsewhere in these Terms of Use and that you are not eligible to receive, and shall not seek, attorney fees in relation to any claim you have or may have against DailyRewards® or any Covered Entity.

10. Miscellaneous

    If any provision of these Terms and Conditions is held to be overbroad, invalid, or unenforceable, such provision shall be deemed amended to the minimum extent necessary to render such provision valid and enforceable. If any provision cannot reasonably be deemed amended, then such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Members may not sell, assign, or otherwise transfer any rights under these Terms and Conditions, including any membership, Cash, or other benefit. DailyRewards® may assign or transfer its rights and obligations under these Terms and Conditions. Our failure to act with respect to any failure by you or others to comply with these Terms and Conditions does not waive our right to act with respect to subsequent or similar failures. These Terms and Conditions, along with any changes or updates thereto by us as described above, set forth the entire understanding and agreement between us with respect to the subject matter hereof. All sections of these Terms of Use, other than those sections dealing with your future accrual of Cash, survive expiration or termination of your Account or your right to use or visit this Website for any reason.