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Mailshell Rewards Program Rules Please carefully read these Mailshell ("Mailshell") Rewards Program Rules (the "Agreement") which set forth the terms and conditions of your participation in the Mailshell Rewards Program (the "Program"). By participating in the Program, you agree to be bound by the terms and conditions of this Agreement. Mailshell offers this Program at its sole discretion, and Mailshell has the right to change or discontinue the Program, in whole or in part, at any time without notice. Eligibility 1. You must be a registered user of Mailshell in good standing and 18 years or older. 2. Program participants shall provide and maintain accurate information, including their mailing address. You may not generate earnings prior to signing up for the Program. 3. Employees of Mailshell and their immediate family members are not eligible. 4. To participate in the Program, you must have Internet access to http://www.mailshell.com. Mailshell is not responsible for your inability to connect to the Internet, log on to Mailshell's Web site, or access your account for purposes of participating in the Program. 5. Program participants must be human: no machines, scripts, or automated services may be used to generate earnings. Participants are prohibited from using more than one Mailshell account or email address to generate earnings or otherwise participate in the Program. Earnings 6. As a Program participant, Mailshell will pay you for certain designated tasks or events. You may generate earnings when you successfully refer verified new sales to Mailshell. A successful sale occurs when a new person or company purchases a Mailshell product and does not cancel or refund that sale within 30 days. The amount earned for each action can change at any time, without notice, at Mailshell's sole discretion. 7. As you use Mailshell, the designated amount of earnings specified by Mailshell for the qualifying events described in Paragraph 6 will be transferred into your Mailshell Rewards account. You may check your Rewards account balance by logging in to your Mailshell account. It is your responsibility to regularly check your account to ensure that the proper amount has been credited and that your account balance is accurate. Earnings in your account are not transferable or redeemable by others. 8. If, by the end of each calendar quarter, your account balance reaches a minimum pay-out of $25.00, Mailshell will mail you a check for the amount reflected in your account to the mailing address you have provided. The check will be mailed one month after the end of the calendar quarter. Amounts below the minimum pay-out will be carried forward to the next calendar quarter. It is your responsibility to provide accurate contact information and to update that information as necessary. Mailshell is not responsible for and shall not be liable for late, lost, misdirected or undeliverable mail. 9. Mailshell is not responsible for changes to, or discontinuance of, any particular value designation or for any effect on accrual of earnings caused by such changes or discontinuance. Account Access and Password 10. You agree that you are solely responsible for all activity performed under your Mailshell account and password. You also agree that you are solely responsible for keeping your email address, password, and other account information confidential. Mailshell is not responsible for any credits or debits made to your account by someone else using your password. If you believe your account has been accessed without your permission, immediately contact Mailshell at rewards@mailshell.com. Expiration 11. The amount earned and credited to your account will expire according to the rules listed below. Expired earnings will be deducted from your account. No refunds or extensions will be given for earnings that have expired. a. Except as set forth in Subparagraph b., below, earnings will expire after one year after the date generated. b. Earnings in accounts with no earning or redemption activity for at least twelve consecutive calendar months expire at the end of the twelfth month. Privacy 12. Any personal information that you provide to Mailshell will not be distributed to third parties, except for purposes of operating the Program, complying with the law or legal process, to protect Mailshell's systems and customers, or to ensure the integrity and operation of Mailshell's business and systems. No Spamming or Harassment 13. You may not send (1) unsolicited commercial email or "spam" or (2) messages that include defamatory, libelous, unlawfully threatening or harassing statements in connection with your participation in the Program. Fraud; Termination of Membership 14. Any failure to comply with these terms and conditions, any fraud or abuse relating to earning or redemption, or any misrepresentation of any information furnished to Mailshell 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 Mailshell account and/or forfeiture of your earnings. In the event of fraud, misconduct, or suspected fraud or misconduct by you or anyone acting on your behalf or under your password, Mailshell reserves the right to suspend access to your account indefinitely, without notice to you, pending investigation. Disputes/Errors 15. All questions or disputes regarding the Program, including without limitation, questions or disputes regarding eligibility for the Program, or the eligibility of earnings for accrual or redemption, must be submitted in writing within sixty (60) days of the qualifying transaction to Mailshell at rewards@mailshell.com. Any such disputes shall be resolved by Mailshell at its sole discretion. All interpretations of this Agreement shall be at the sole discretion of Mailshell. In the event that an error is made by Mailshell, your sole remedy shall be the credit of the disputed earnings to your account. Disclaimer of Warranties & Limitation of Liability 16. THIS PROGRAM IS BEING PROVIDED TO YOU "AS IS" WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MAILSHELL EXPRESSLY DISCLAIMS ALL WARRANTIES AND GUARANTIES, EXPRESS, IMPLIED OR OTHERWISE ARISING, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY, ANY IMPLIED WARRANTY OF PERFORMANCE, AND THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, INTERRUPTIONS OF BUSINESS, NOR FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIMITATION OF WARRANTIES OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. 17. IN NO EVENT WILL ANY OTHER ENTITY WHICH MAY PARTICIPATE IN THE PROGRAM BE LIABLE TO YOU FOR NONPERFORMANCE OF MAILSHELL'S OBLIGATIONS. YOU AGREE NOT TO SUE ANY OF THESE ENTITIES FOR ANY NONPERFORMANCE BY MAILSHELL. IN NO EVENT SHALL MAILSHELL BE LIABLE FOR ANY DAMAGES, CLAIMS OF 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: (I) THE PROGRAM; (II) ANY FAILURE, DELAY, OR DECISION BY MAILSHELL IN ADMINISTERING THE PROGRAM; OR (III) THE USE OR INABILITY TO USE MAILSHELL'S WEB SITE; EVEN IF MAILSHELL, 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. Termination or Changes to the Program 18. Mailshell reserves the right to terminate the Program at any time without notice. 19. Mailshell may modify this Agreement from time to time, 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 this Agreement 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. Miscellaneous 20. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without reference to conflicts of law rules. 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. Mailshell'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. This Agreement constitutes the entire agreement between you and Mailshell with respect to the Program.
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