ShareBucks (the “Company” or “we”) provides and operates the www.sharebucks.com website (the “Site”) and we are pleased to give you access. By registering, you are indicating that you have read and that you agree to these terms. You understand that we may update these terms from time to time without giving you any notice. Unless we let you know by giving you notice, any new or updated features or services that we put on our Site will be subject to these terms.
BY USING THIS SITE, YOU AGREE TO EACH OF THE TERMS SET FORTH BELOW. IF YOU DO NOT AGREE WITH ANY TERM OR CONDITION SET FORTH BELOW, YOU ARE NOT AUTHORIZED TO USE THIS SITE FOR ANY PURPOSE.
ShareBucks is an online recommendation and referral engine that facilitates word of mouth advertising for retailers by providing ShareBucks members with cash rewards for sharing product links and generating sales for our retail partners.
ShareBucks transfers cash rewards to its members using PayPal.
To join ShareBucks and use our services, you must be at least 18 years of age. If you are under 18 years of age, you may not join ShareBucks. You must have Internet access and an email address to use ShareBucks, and we are not responsible for your inability to connect to the Internet to access our Site or your account.
You are responsible for maintaining accurate account information at all times, including a valid email address. You are responsible for keeping your email address, password, and all other private information confidential. ShareBucks is not responsible for any changes made to your account by any party that uses your email address and password. You are responsible for following the Terms & Conditions and policies and for not engaging in inappropriate use of the Site and services offered by ShareBucks. You will not, and will not knowingly permit other persons to engage in any fraudulent, abusive or illegal activity in connection with your membership to ShareBucks, including but not limited to violations of the Can Spam Act of 2003 (Public Law No. 108-187).
You agree that you will not make disparaging statements about ShareBucks or any of the merchants featured on our Site at any time. For the purpose of this agreement, “disparaging” means a statement that denigrates the reputation, goods, or services of another. Moreover, you agree that you will not take any action that could be deemed to interfere with the relationship between ShareBucks and any merchant. Violation of this provision will result in loss of privileges, including forfeited cash rewards, at the sole discretion of ShareBucks.
We will provide you with links on the ShareBucks website to the websites of affiliated merchants. When you share one of these links and a recipient clicks on the link and makes a qualifying purchase at that merchant's website, you will receive a cash reward posted to your ShareBucks account. ShareBucks makes no representations or warranties regarding your potential earnings, which may be influenced by a number of factors beyond the control of ShareBucks. We will make every effort to accurately track and report your qualifying sales, but you will not hold us liable for any delays or failures in tracking or reporting these sales. We will make every effort to provide you with an accurate estimate of your potential cash reward from a sale, but you will not hold us liable for any inaccuracies in the estimates listed on our Site. Furthermore, you will not hold us liable for any technical failures that delay or prevent your sales, and therefore your possible earnings from being reported to us. If you or a recipient of your links has disabled cookies or other technologies used in tracking purchases, this may be the cause of such technical failure. Other causes may include:
IN THE EVENT OF A DISPUTE BETWEEN YOU AND A MERCHANT LISTED ON THIS SITE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE SHAREBUCKS, ITS AFFILIATES AND ANY THIRD PARTIES UNDER CONTRACT WITH SHAREBUCKS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LEGAL REPRESENTATIVES FROM AND AGAINST CLAIMS AND DAMAGES OF ANY KIND, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE.
Occasionally purchases at our affiliated merchants' websites will not generate commissions for ShareBucks. Such purchases may include, but are not limited to, gift certificates, gift cards, purchases for the purpose of reselling, and other items as determined by the merchant. ShareBucks is not obligated to pay cash rewards for purchases that do not generate a commission for ShareBucks or for which a merchant cancels a commission. Rewards listed on ShareBucks are estimates of the actual rewards that will be paid by merchants; your cash rewards will be based on the actual payments received from our merchant partners and not these estimates.
If a recipient of your links returns an item to a merchant after you receive a cash reward payment for the purchase of that item, ShareBucks has the right to recover these earnings from you and may take necessary actions, including deductions from your ShareBucks account.
ShareBucks strives to maintain the most accurate prices and estimated rewards possible; however, due to constant changes made by retailers to product pricing we cannot guarantee the accuracy of our pricing or reward information. Additionally, based on product supply retailers will occasionally sell out of certain inventory before we can update those products as Out of Stock in our database. ShareBucks is not responsible for products on its Site that become unavailable or out of stock.
The currency of all payments will be U.S. Dollars. We will only make payments when you have earned at least $10.00 in "Available" cash rewards in your ShareBucks account and make a request for disbursement of at least this amount through the My Account section of the Site ($20.00 in “Available” cash rewards required for initial payment). ShareBucks accounts cannot be combined to achieve a total of $10.00 in "Available" funds. Your cash reward on a specific purchase will become "Available" once the return time on that purchase has passed. The return time does not only reflect the time allowed to return the item to the merchant, but also the time allowed for the merchant to cancel the commission paid to ShareBucks for reasons including but not limited to returns due to product defect, invalid coupon use, or fraudulent orders. Once the return time has passed your earnings will become "Available" for disbursement.
ShareBucks is not responsible for any event beyond the control of ShareBucks that would prevent you from receiving your payment. Such an event may include, but is not limited to, an error made by you in providing PayPal information or a change in the status of your PayPal account of which you have not notified ShareBucks. ShareBucks reserves the right to withhold payment of cash rewards indefinitely for any reason including but not limited to: suspected fraud, merchant concerns, or unusual activity. If you feel your cash reward payment is being improperly withheld, please contact us and we will be happy to work through the issue with you.
If your user account is inactive for 365 consecutive days, you hereby release all rights to any cash rewards in your account, which shall automatically and immediately vest in ShareBucks without any requirement of notice to you. Accounts are considered inactive if a member has not logged in during the period in question.
ShareBucks reserves the right to immediately terminate any active member account for any reason at any time with notice. If the amount in your member account meets the minimum Available amount for payment, ShareBucks will send payment for your Available funds to the PayPal address on file. If your account balance does not meet the minimum Available amount or you do not have a verified PayPal address on file, your entire account balance will be forfeited. Notification of program termination shall be effective upon our sending such notice to the email address that ShareBucks has associated with your account.
You may be taxed on your receipt of cash rewards depending on the amount you receive and the tax laws of your federal, state and local jurisdictions. You will be responsible for any and all tax liabilities arising out of your receipt of cash rewards from ShareBucks.
You are an independent contractor. No employee-employer relationship exists between you and ShareBucks, and you are not a partner or joint venture partner with ShareBucks. Nothing in this site is intended to be an offer or promotion of a “franchise” or “business opportunity” as those terms are defined by various state and federal laws. You agree that no franshisor / franshisee relationship is created or sought between you and ShareBucks.
All content available on this Site is © 2014 ShareBucks with all rights reserved, or is the property of third parties protected by intellectual property rights. All other trademarks displayed on this Site are the trademarks of their respective owners, and are not intended to imply any endorsement or affiliation between ShareBucks and these companies. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized person of ShareBucks.
ShareBucks uses appropriate industry practices to safeguard the confidentiality of your account information and to prevent unauthorized access, maintain data accuracy, and ensure the correct use of information. However, no data transmitted over the Internet can be 100% secure. Consequently, while ShareBucks makes reasonable efforts to protect your personal information, we cannot warranty the security of information that you provide to ShareBucks or affiliated merchants.
THIS SITE IS PROVIDED BY SHAREBUCKS ON AN "AS IS" AND ON AN "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SHAREBUCKS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, GRAPHICS, LINKS, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON THIS SITE, OR THEIR ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS. IN ADDITION, THIRD PARTIES PROVIDE SOME OF THE MATERIAL ON THIS SITE; TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SHAREBUCKS SHALL NOT BE RESPONSIBLE FOR ANY SUCH THIRD PARTY MATERIAL. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE OR ANY TRANSACTION RESULTING THEREOF IS SOLELY AT YOUR OWN RISK. SHAREBUCKS DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THIS SITE OR THE SERVICES PROVIDED. OPERATION OF THIS SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF THE CONTROL OF SHAREBUCKS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SHAREBUCKS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS REGARDING THIS SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SHAREBUCKS MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES REVIEWED ON THIS SITE OR BOUGHT AND/OR SOLD USING THIS SITE, OR THAT SELLERS OR BUYERS WILL PERFORM AS PROMISED BY THEM, OR THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM SHAREBUCKS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SHAREBUCKS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, OR ANY DAMAGES RELATED TO LOSS OF BUSINESS OR BUSINESS OPPORTUNITIES.
To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold ShareBucks, its subsidiaries, affiliates, co-brand partners, and other parties with which ShareBucks is under contract, and their respective officers, directors, employees and agents free and harmless from and against any claims, actions and demands, including, without limitation, any legal and accounting fees resulting from your use of this Site and/or your breach of these terms, and/or resulting from any and all content you submit to ShareBucks and/or this Site. ShareBucks shall provide notice to you of any such claim, suit or proceeding.
These terms will be governed by and construed in accordance with the laws of the State of Georgia, without regard to principles of conflicts or choice of law. In addition, the application of the United Nations Convention on Contracts for the International Sale of Goods, including any amendments thereto, is expressly excluded hereby. Except for disputes arising from an alleged violation of intellectual property rights or breach of confidentiality, for which the injured party may suffer irreparable harm and may seek a restraining order, preliminary injunctive relief, an injunction, specific performance or other equitable relief and/or legal remedies, and actions to enforce the decisions of the arbitrators, for which action may be taken in any court of competent jurisdiction, all disputes arising out of or related to this Agreement, including the scope, the construction or application of this Agreement, shall be resolved by arbitration in accordance with the commercial arbitration rules of the American Arbitration Association then in force. The arbitration hearings and all meetings pursuant to this section shall be held in Atlanta, Georgia, USA, and shall be conducted in English. If the parties cannot agree upon a single arbitrator within fifteen (15) days after demand by either of them, each party shall select one arbitrator knowledgeable about Internet commerce in Georgia and the USA generally, and notify the other of its selection, and such two arbitrators shall select a third from a list of arbitrators (with knowledge of the Internet industry) qualified by the American Arbitration Association in Georgia. If this procedure for selecting arbitrators fails, then a neutral arbitrator based in Georgia with knowledge of Internet commerce in Georgia and the USA generally shall be selected by the American Arbitration Association to resolve the dispute. The arbitrator(s) shall conduct a hearing within thirty (30) days after their selection. A majority of the arbitrators (if there is more than one pursuant to this clause) shall determine the decision/award, which shall be rendered within five (5) days after the completion of the hearing. The decision of the arbitrator(s) shall be final and binding upon the parties both as to law and to fact, and shall not be appealable to any court in any jurisdiction. The parties shall share the expenses of the arbitrators equally. Nothing in any indemnification provision hereunder shall be construed as having any bearing on the award of attorneys' fees or arbitrators' fees under this section.
ShareBucks disclaims any responsibility for the content of any third party materials provided through or on its Site or other services ("Third Party Content"). ShareBucks will respond to notices of alleged infringement regarding Third Party Content sent pursuant to, and in accordance with, the Digital Millennium Copyright Act ("DMCA"), which may include ShareBucks removing or disabling access to Third Party Content claimed to be the subject of infringement or other activity. All notices sent to ShareBucks regarding matters other than informing ShareBucks that a party's copyrighted material may have been infringed (and relating only to Third Party Content) will not receive a response through this process. Written notification must be submitted to the following Designated Agent:
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our designated Copyright Agent the written information specified below. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed.
Our Copyright Agent for notice of claims of copyright infringement on its site can be reached at the address above.
If any provision of these terms is held to be invalid, void or unenforceable for any reason, such provision shall be struck and the remaining provisions shall remain enforceable. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You agree that these terms and all agreements and notices incorporated herein may be automatically assigned by ShareBucks, in our sole discretion, to a third party. You may not assign your obligations to any other entity.