Please read this Member Agreement (the "Agreement") carefully before
enrolling as a member of the Sled Dog Media Web Rewards Program (the "Program"). This Agreement
explains the terms of use governing membership in the Program (the "Program Terms of Use"),
and it is your responsibility to read and
understand them. By enrolling as a member in the Program (a "Member"), you agree to be bound by
the Program Terms of Use. Enrollment is defined as providing Sled Dog Media with
your valid e-mail address and a password which is used to access your account.
Participation in the Program and its benefits are offered at the discretion of
Sled Dog Media, and Sled Dog Media has the right to change the Program Terms of Use, in
whole or in part, at any time with or without notice.
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ELIGIBILITY
1. You must be an individual, 18 years of age or older.
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2. Members must be human: no machines, scripts, or automated services may be
used to accumulate any financial benefits derived from the use of Sled Dog Media. You
may maintain only one account. Any duplicate accounts will be subject to
cancellation.
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3. The Program is only available via access to the Sled Dog Media Web site
(http://www.SledDogMedia.com). You must have Internet access and an e-mail address to
be eligible to receive the privileges and benefits of membership. Sled Dog Media is not
responsible for your inability to connect to the Internet, log into the Sled Dog Media
Web site, or access your Sled Dog Media account.
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4. By agreeing to these terms, you also agree not to "spam" unknown
individuals by sending them unwanted e-mails to solicit their membership at
Sled Dog Media. Refusal to abide by this or any other rules may result in Sled Dog Media
stripping you of referrals and/or canceling your membership.
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ACCRUAL OF DISCOUNTS
5. Members will be credited, subject to the Terms of Use enumerated
in this Agreement, a percentage of the net purchases made by you at one of the
online merchants affiliated with Sled Dog Media (an "Affiliated Merchant"). The
percentage will be enumerated on the Sled Dog Media Web site as it relates to each
Affiliated Merchant. The net purchase is defined as the total amount paid to the
merchant minus tax, gift wrapping, shipping, promotional credits, returns,
cancellations, and transaction fees or as the Affiliated Merchant defines on
their respective Web site and as is enumerated in their respective Affiliate
Membership and/or Operating Agreement document, whichever is less. All
Affiliated Merchant Membership and/or Operating Agreements as they relate to
their affiliate or partner programs with Sled Dog Media and which reside on the
Affiliated Merchant's respective Web sites are hereby incorporated into this
Agreement by reference.
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6. As a Member, purchases made through Sled Dog Media Affiliated Merchants will be
deemed a "Qualified Purchase" and will be subject to earn a Web Reward if
and only if all of the following criteria are satisfied:
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All potential "Qualified Purchases" must begin by clicking on the Affiliated
Merchant's link that appears on the Sled Dog Media Web site and being successfully
connected to the Affiliated Merchant's Web site based upon that click.
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Sled Dog Media may, at all times, route your request for a merchant Web site through
specific links, in order to assure that the sale can be tracked correctly.
Any alteration of these links will invalidate your sale, which will not be deemed a "Qualified Purchase".
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All purchases must be started and completed in one shopping session within the Sled Dog Media shopping program.
If you start a purchase, then complete it in a different session, you will be ineligible for a Web Reward.
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Users must not use coupons not listed on the Sled Dog Media Web site.
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Items must not be returned. If they are, the initial purchase will be invalidated and not be deemed a "Qualified Purchase".
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7. The determination of whether or not a purchase made through an Sled Dog Media
Affiliated Merchant is a "Qualified Purchase" is at the sole discretion of
Sled Dog Media.
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8. "Account Activation" is completed upon the making of a Qualified Purchase
at any Sled Dog Media merchant Web site. In case of return or cancellation, Sled Dog Media retains
the right to reverse account credit.
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9. Web Rewards awarded to Members are subject to adjustments for
returns, cancellations, and other events. Such adjustments can be applied to
Member accounts at any time by Sled Dog Media at its sole discretion. Should you
disagree with any adjustments made to your account, your sole remedy is to
withdraw from the Program.
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10. You may be taxed on your accrual of Web Rewards, depending on the
amount of Web Rewards you accrue and the tax laws of federal, state, and
local jurisdictions. Sled Dog Media may choose to provide you with those notices to you
on occasion. In all instances, you will be solely responsible for any and all
tax liability arising out of your accrual or redemption of Web Rewards.
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11. There are a number of purchases that are not eligible for accrual or payment of Web Rewards.
For a complete list, to go to our FAQ page that lists ineligible purchases.
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12. It is your responsibility to check your account regularly to ensure that
Web Rewards have been properly credited and that your account balance is
accurate. If you do not believe that a Web Reward has been correctly
credited to your accout you must wait at least 30 days but no more than 90 days
after completing a Qualifying Purchase to contact Sled Dog Media Customer Care.
Furthermore, all Web Rewards earned by Members are subject to review.
Necessary adjustments may be applied to Member accounts at any time by Sled Dog Media at
its sole discretion. If you do not agree to adjustments made to your account,
your only recourse will be to terminate your membership in the Program. Sled Dog Media
reserves the right to terminate any account for abusive or fraudulent activity,
or if the Member is no longer reachable at the e-mail address provided.
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13. Sled Dog Media is not responsible for changes to, or discontinuance of, any
Affiliated Merchant, or any Affiliated Merchant withdrawal from the Program, or
for any effect on accrual of Web Rewards caused by such changes,
discontinuance, or withdrawal. Sled Dog Media is not responsible for changes to, or
discontinuance of, any promotion at an Affiliated Merchant
Web site. It is the Member's responsibility to make sure that all promotions are
valid. If you choose to use promotions that are not listed on the
Sled Dog Media Web site, we cannot guarantee that you will be eligible to receive an Sled Dog Media
Web Reward on your purchases.
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PAYMENT SCHEDULE
14. Money earned through the referral program will be paid along with regular
Web Rewards. Continued payments of referral monies will be made at the
sole discretion of Sled Dog Media. The referral program may be ended, percentages reduced,
or the program modified in any way, at any point, and without notice,
though all accrued referral monies will be paid in full if and when this
occurs.
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15. Every three months Sled Dog Media sends to its members the Web Rewards that they
have earned, provided that the member has earned at least $5.01 in Web
Rewards. If the member has earned less than $5.01 value in Web Rewards, Sled Dog Media will
carry the member's money over to the next check.
Accrued Web Rewards will be
dispersed to the Members on or around August 14th, November 15th, February 15th,
or May 15th. In order for an accrued Web Reward to be eligible for payment
on the above dates, the Qualified Purchase must occur 45 days prior to the
payment date (by June 30th for a August 14th payment, September 30th for an
November 14th payment, December 31st for a February 15th payment, March 31st for
an May 15th payment). Note that orders from Dell Home Systems (Computers), Dell
Home Systems Software and Peripherals, Dell Small Business, Dell Canada Home
Systems, Dell Canada Software & Peripherals, Officemax, ShopNBC, and Toshiba
will post to accounts immediately. However, due to the 45 day return policies of
these merchants, Web Rewards will become eligible to be paid out 75 days
after purchases are posted to members' accounts. Qualified purchases from all
other merchants which occur within the 45 day cutoff period will be paid on the
payment date subsequent to the next payment date.
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16. It is your responsibility to keep your account information current in
order to facilitate the payment of your Web Rewards. In the event that
your information is not current at the time of payment, you forfeit all accrued
Web Rewards to Sled Dog Media. Sled Dog Media can pay you by putting your savings in your
PayPal account as well. Simply make the changes to your account preferences and
add your PayPal account information. If an error occurs in payment, Sled Dog Media
Customer Service will assist members in determining the cause of any
non-payment, be it by PayPal or check. If it has been determined that
non-payment was caused by a process error in payment automation or other cause
that was our fault, all accrued Web Rewards will be re-paid to you in
full. However, Sled Dog Media is not responsible for any misapplied PayPal payments or
checks sent to the wrong address and subsequently cashed if these errors were
caused by inaccurate e-mail or contact information provided by the user. We are
also not liable for errors made by PayPal in applying your payment, though we
will work hard to resolve any such issues should they arise.
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ACCOUNT ACCESS AND PASSWORD
17. Upon registration for the Program, you will select a password that will
allow you to access your Sled Dog Media account (via the Sled Dog Media Web site) to verify
transfers, check account balances, and modify your account information.
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18. You must be logged into Sled Dog Media and enter your password to change your
account settings and payment preferences. You may check your account status and
recent earning history at any time by clicking any of the several "Account"
links on the Sled Dog Media Web site.
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19. Sled Dog Media is entitled to act on instructions received under your password.
For security purposes, it is recommended that you memorize your password, and do
not write it down. You are responsible for keeping your e-mail address, password,
account numbers, and other account information confidential. Sled Dog Media is not
responsible for any credits or debits made to your account by someone else who
uses your password.
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DISCLOSURE OF ACCOUNT INFORMATION
20. You authorize Sled Dog Media to only disclose to third parties information you
have provided, or information that Sled Dog Media has obtained about your Sled Dog Media account
or shopping behavior:
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to agents and licensors of Sled Dog Media or its affiliates, such as independent auditors, consultants or attorneys;
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to comply with government agency or court orders or requests;
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in providing aggregated and non-personalized marketing services for an advertising or merchant partner, or
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where it is necessary for redemption or transfer of your Web Rewards.
Further, you authorize Sled Dog Media to receive any account information from any
Affiliate Merchant including, but not limited to information regarding purchase
was made, products ordered, order number, the time and date the purchase
occurred, the e-mail address entered for the purchase. You agree to hold the
Affiliated Merchant harmless for any information disclosed to Sled Dog Media.
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21. By signing up for membership at Sled Dog Media, you agree to receive
communications that are account and membership related (e.g. a Web Reward has been awarded
to your account, a Web Reward has been sent to your home,
there is a change in web site features on the Sled Dog Media web site, etc).
It is necessary to communicate account information with you in order to operate our service.
You cannot unsubscribe from account information e-mails.
If you do not want to be contacted by Sled Dog Media you must terminate your membership at Sled Dog Media.
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DISCLAIMER
22. The Sled Dog Media program is being provided to member "as is" with no warranty.
To the maximum extent permitted by law, Sled Dog Media disclaims all
representations and warranties, express or implied, with respect to the program,
including, but not limited to, implied warranties of
merchantability and fitness for any particular purpose and implied warranties
arising from course of dealing or course of performance.
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23. Sled Dog Media does not warrant, guarantee, or make any representations regarding
the quality of, or accuracy of advertisements for, any merchandise, products, or
services offered or provided by affiliated merchants or suppliers in conjunction
with the program. In addition, although Sled Dog Media intends to take reasonable steps
to prevent the introduction of viruses or other destructive materials to the
Sled Dog Media web site, Sled Dog Media does not warrant, guarantee or make any representations
that this web site is free of destructive materials. In addition, Sled Dog Media does not
warrant that access to this web site will be uninterrupted or
error-free, and Sled Dog Media assumes no responsibility for any damage caused by your
access, or inability to access, this web site including, but not limited to, your inability to accrue web
rewards by purchasing items with an affiliated merchant.
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LIMITATION OF LIABILITY
24. In no event will any other company with which Sled Dog Media has a corporate
partnering relationship, including without limitation, co-branding,
co-marketing, joint development, a merchant relationship, or a licensing or
supplier relationship (each a "corporate participant") be liable to you for
non-performance of Sled Dog Media obligations. You agree not to sue any corporate
participant for non-performance by Sled Dog Media. In no event shall Sled Dog Media be liable
for any damages, claims or losses incurred (including without limitation
compensatory, incidental, indirect, special, consequential, or exemplary
damages), however caused and under any theory of liability arising in connection
with:
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the program;
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any failure, delay, or decision by Sled Dog Media in administering the program;
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the use or inability to use this web site, or
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the purchase or use of any merchandise, products, or services of merchants or suppliers, even if
Sled Dog Media, or representatives thereof, are advised of the possibility of such damages, claims, or
losses and notwithstanding any failure of essential purpose of any limited remedy.
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25. Member agrees to indemnify and hold Sled Dog Media, its parents, subsidiaries,
affiliates, officers, directors and employees, harmless from any claim or
demand, including reasonable attorney's fees, made by any third party due to or
arising out of member's use of the program, the violation of these policies by
member, or the infringement by member, or other user of the program using the
member's account, of any intellectual property or other right of any person or
entity, or as a result of any threatening, libelous, obscene, harassing or
offensive material contained in any member communications.
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TERMINATION OR CHANGES TO THE PROGRAM
26. Sled Dog Media reserves the right to terminate the Program at any time with
notice. This means you will have sixty (60) days from the date notice of Program
termination is provided to Members to redeem Web Rewards in your account.
Notification of Program termination will be sent to the e-mail address you
provide to Sled Dog Media during the registration process. Sled Dog Media will not be
responsible for failing to notify you of Program termination where such failure
is caused by any reason outside the control of Sled Dog Media, including an error in
your e-mail program, an inaccurate e-mail address, your failure to check for your
e-mail online, or your failure to inform Sled Dog Media of a change in your e-mail
address.
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27. Sled Dog Media may modify this Agreement from time to time, with or without
notice, and your continued participation in the Program after such modification
shall be deemed to be your acceptance of any such modification. It is your
responsibility to check the Member Agreement page of the Sled Dog Media Web site
regularly to determine whether this Agreement has been modified. If you do not
agree to any modification of this Agreement, you must immediately cease
participation in the Program.
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TERMINATION OF MEMBERSHIP
28. Membership in the Program is subject to the Program Terms of Use.
Any failure to comply with the Program Terms of Use, any fraud or abuse
relating to the accrual or redemption of Web Rewards, or any
misrepresentation of any information furnished to Sled Dog Media or its affiliates by
you, or anyone acting on your behalf, may result in the termination of your
membership in the Program, cancellation of your Sled Dog Media account and/or forfeiture
of your accrued Web Rewards. Sled Dog Media also reserves the right to close
accounts that have been inactive for more than 12 months. These are referred to as "Dead
Accounts". Inactivity is defined as no tracked visits, either cookied or
manually logged in. Any "Dead Account" will have all funds in it taken back by
Sled Dog Media, and the Member will no longer be able to login under that username and password.
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DISPUTES/ERRORS
29. All questions or disputes regarding the Program, including without
limitation, questions or disputes regarding eligibility for the Program, or the
eligibility of Web Rewards for accrual or redemption, must be submitted in
writing within 60 days of the qualifying transaction, to:
Any such disputes shall be resolved by Sled Dog Media at its sole discretion.
All interpretations of Program Terms of Use shall be at the sole discretion of Sled Dog Media.
In the event that an error is made by Sled Dog Media, your sole remedy shall be the credit of the disputed Web Reward to your Sled Dog Media account.
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MISCELLANEOUS
30. This Agreement shall be governed by and construed in accordance with the
laws of the State of Colorado, without reference to conflicts of law rules. As
a condition of the use of the Sled Dog Media Web site and service, you (the Member) agree
to submit to the personal and exclusive jurisdiction of the courts located
within the county of Douglas, Colorado and therefore agree to file any
grievance or suit of any kind exclusively in the courts located within the
county of Douglas, Colorado. If any provision of this Agreement is found invalid or
unenforceable, that provision shall be enforced to the maximum extent possible,
and the other provisions contained herein will remain in full force and effect.
Sled Dog Media's failure to insist upon or enforce strict performance of any provision of
the Agreement shall not be construed as a waiver of any provision or right.
Nothing in this Agreement shall be construed as creating or constituting a
partnership, joint venture or agency relationship between Sled Dog Media and the
Affiliated Merchants or between Sled Dog Media and any other of its Corporate Partners.
Neither the Affiliated Merchants nor any Corporate Partner shall have the
ability to create any obligation on Sled Dog Media's behalf. This Agreement constitutes
the entire agreement between you and Sled Dog Media with respect to the
Program.
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