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| INCOMEPAD
TERMS AND CONDITIONS |
General
Membership Agreement (revised December 17 , 2003)
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Important Terms and Conditions
of IncomePad.com General Membership
This Membership Agreement sets forth the terms for your general
membership in IncomePad.com. Please read it carefully before
You agree to become or remain a member. |
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| PLEASE READ THE
ENTIRE MEMBERSHIP AGREEMENT SET OUT IN THE PAGES BELOW AND OUR
PRIVACY POLICY AND OUR ANTI-SPAM POLICY BEFORE PROCEEDING. IF
YOU DO NOT AGREE TO ALL THE TERMS OF THIS MEMBERSHIP AGREEMENT
INCLUDING OUR PRIVACY-RELATED PRACTICES, INCOMEPAD.COM IS UNWILLING
TO LET YOU BECOME OR REMAIN A MEMBER OF INCOMEPAD.COM. INCOMEPAD
AT ITS SOLE DISCRETION AND FOR ANY OR NO REASON MAY REFUSE TO
ACCEPT APPLICATIONS FOR MEMBERSHIP. THIS MEMBERSHIP AGREEMENT
IS AN AT-WILL AGREEMENT MEANING THAT EITHER PARTY MAY TERMINATE
OR END THE RELATIONSHIP, INCLUDING ANY RIGHTS, DUTIES OR OBLIGATIONS
AT ANY TIME AND FOR ANY REASON OR NO REASON UPON NOTICE AS SET
FORTH HEREIN. |
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AGE
RESTRICTIONS:
You must be 13 years of age or older to participate. If you
are between the ages of 13 and 18, you must obtain parental
permission before using the IncomePad.com service.
This General Membership Agreement ("Membership Agreement"
) between you ("You" or "Member" ) and IncomePad.com,
("IncomePad", "we", "our, or
"us"), sets out the terms of your membership
in IncomePad ("Membership" or "Service"). You must complete the
Membership Join Form and read, understand and agree to the terms
and conditions of this Membership Agreement by submitting Join Form to IncomePad and by clicking on the Submit button
on the Join Form. If You do not agree to all the
terms and conditions of this Membership Agreement including
our Privacy Policy, IncomePad is unwilling to allow You to become
a Member. |
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A.
OUR PRIVACY-RELATED PRACTICES.
Our goal is to take advantage of Internet technology to enable
businesses to interact with consumers in highly personalized
ways without forfeiting the privacy of the consumer. As such,
privacy is at the core of IncomePad. Our Privacy Policy could
be accessed at any time at the following URL: http://www.incomepad.com/privacy.php
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B. UPDATES TO
THIS MEMBERSHIP AGREEMENT.
You agree that IncomePad may revise these terms from time to
time, at our sole discretion, by updating this posting. Unless
otherwise provided below, the revised terms will take effect
when they are posted. Your continued use of this Service will
signify your acceptance to the modified terms. Please review
the terms on this website frequently to look for changes. |
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C. BASIC REQUIREMENTS
FOR MEMBERSHIP.
To obtain and maintain your Membership and to participate in
the IncomePad Service, You must continuously meet the following
requirements and IncomePad reserves the right to terminate your
Membership if You fail to meet or comply with the following
requirements:
C.1. IMPORTANT
AGE REQUIREMENTS.
By applying for Membership, You represent that You have met
the following age requirements: You must be 13 years of age
or older to participate. If you are between the ages of 13 to
18, you must obtain parental permission before using the IncomePad
Service.
C.2. APPROVED TERRITORIES.
IncomePad Service is currently available only in the United
States. You must be physically located within the United States
while using the IncomePad Service, be a legal resident of the
United States and have a physical mailing address in the United
States.
C.3. ONE ACCOUNT
PER MEMBER.
You may only sign up once and maintain one Membership in the
IncomePad Service. IncomePad reserves the right to terminate
duplicate accounts, resulting in the potential loss of accumulated
credits.
C.4. PROVIDE ACCURATE
INFORMATION.
You must provide IncomePad with valid, complete, and accurate
name and email and residence information and may not impersonate
another person or misrepresent any information. You agree to
promptly update all such information should it change, or provide
additional information should it be required by IncomePad for
legitimate tax-related purposes or any other reason arising
from applicable law. IncomePad is not responsible for lost payments
or communications due to your failure to provide IncomePad with
valid contact information as reasonably necessary.
C.5. ACCOUNTS ARE NOT TRANSFERABLE.
Your password and account are personal to You and are not transferable.
You may not allow anyone else to use your password or account.
You may not use any other person’s password or account
or act to accrue Alternative Rewards Program (“Bonuses”,
“Rebates”, "Coupons and Deals", “Fast Cash”,
or "Cash Back") credits,
or receive other benefits for any other person’s account.
You are responsible for keeping your password secret, and You
are responsible for any activity engaged by any person using
your password, membership ID, or account. IncomePad is not liable
for any loss or damage caused by any disclosure of your password
or account. You may only create an account for yourself and
may not establish an account on behalf of anyone else.
C.6. INCOMEPAD NEWSLETTER AND OTHER
EMAILS.
By signing up for IncomePad, you are opting-in to receive IncomePad
newsletters and other special offer emails. If you do not wish
to receive these emails, you may opt-out at any time, by updating
your Account Information. Uncheck the box that reads, “Yes, please send me IncomePad's Offers Newsletter.”
C.7.
COMPLY WITH LAWS AND INCOMEPAD POLICIES AND RULES.
You agree to comply with all of your local, state, province,
country or regional legal restrictions that may be applicable
to your Membership or participation in the IncomePad Service.
Further, You agree to abide by all stated policies and rules
of IncomePad relating to your conduct as a Member, including
but not limited to, our anti-spam policy, our trademark and
license usage policy, the Official Rules, if applicable to You,
and our member referral policy. You agree that IncomePad may
amend its policies and rules from time to time.
C.8.
LAPSING OF ACCOUNT.
If You do not login to your account at least once within any
one (1) year period, your Membership will automatically lapse
without notice and any accrued Alternative Rewards Program or
other credits in your account will be deemed “unearned”
and will be forfeited. |
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| D. YOUR RELATIONSHIP
WITH INCOMEPAD. |
Your
relationship to IncomePad is as a member of the IncomePad community.
No employee-employer relationship is created by your Membership
and use of the IncomePad Service. You have no obligation to
use IncomePad Service at all and You do not have any obligation
to refer new members to IncomePad. INCOMEPAD HAS NO OBLIGATION
TO OFFER THE INCOMEPAD SERVICE OR OTHER PROMOTIONS TO YOU. EITHER
PARTY MAY TERMINATE THE RELATIONSHIP FOR ANY REASON OR NO REASON
AS SET FORTH HEREIN.
You agree that You shall be fully responsible for any filing
with your governmental authorities and making all payments related
to income or other taxes, including any social security contribution
payments, that result from any income that You receive from
IncomePad pursuant to your Membership, this Membership Agreement,
the IncomePad Service or any other sweepstakes, contest or promotion
that IncomePad may conduct in the future. You also agree that IncomePad
may withhold tax from payments or prizes to You if required
to do so to comply with applicable tax regulations of governmental
agencies. When/If Your annual earnings through the IncomePad
Service reaches $250.00 USD through Alternative Rewards Program,
IncomePad will request Your Social Security number and other
appropriate tax-related information to use to comply with federal
and state tax regulations. IncomePad may not pay out credits
earned in excess of the $250.00 USD limit without receiving
this information from You. |
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| E. THE REFERRAL
PROGRAM. |
If
You are accepted by IncomePad to become a Member, You meet all
the requirements set forth in this Membership Agreement, and
You read, understand, and accept all of the terms and conditions
of the Membership Agreement, You may refer other people to become
members of IncomePad ("Referrals"). If You and your
Referrals become participants in the IncomePad Service (subject
to the discretion of IncomePad, subject to the terms and conditions
of the IncomePad Agreement and subject to your Referrals acceptance
of and compliance with the IncomePad Agreement), You will be
entitled to receive Alternative Rewards Program credits for
your Referrals.
No benefits are available to members for referrals of advertisers
to IncomePad.
IF YOU DO NOT RESIDE IN AN APPROVED TERRITORIES, YOU ARE NOT
ENTITLED TO RECEIVE ALTERNATIVE REWARDS PROGRAM CREDITS. |
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E.1. RATES
MAY CHANGE.
The rates paid
for Your activity and activities of Your Referrals are subject to changes.
The current rates can be found on the IncomePad website at http://www.incomepad.com.
New rates will be posted from time to time at http://www.incomepad.com
E.2. MEMBERS MAY NOT USE SPAM
TO OBTAIN REFERRALS.
You must not use unsolicited email, usenet, message board postings
or other similar methods of mass messaging ("Spam")
to seek referrals. (Usenet and message board spam are messages
sent or posted which are unrelated to the topic of discussion
of the particular news group or message board or which are posted
for the primary purpose of displaying your Member ID to solicit
referrals.) The use of spam to promote IncomePad or the IncomePad
Service has strict negative consequences. You agree that IncomePad
may terminate your Membership or the Membership of any member
who in IncomePad’s reasonable opinion has used unsolicited
email to attempt to gain referrals (a "Spammer").
In addition, You may be subject to state and federal penalties
or other legal consequences under applicable law if You send
unsolicited email. Our Anti-Spam Policy (http://www.incomepad.com/spam.php)
provides more details. You agree that We may publish your account
number if your account is terminated for spam or other breach
of this Membership Agreement.
E.3. MARKETING CLAIMS AND
REFERRAL SIGN-UPS.
You agree not to make any misrepresentations to any of Your
Referrals or potential Referrals with respect to rewards typically
received by Members or with respect to rewards that potential
Members are likely to receive, and to fully comply with all
applicable laws related to multi-level marketing programs.
E.4. WEBMASTER PROGRAM.
If You place a link to an IncomePad Web site, IncomePad grants
You a limited license to use the IncomePad trademarks and tradenames
only in the manner that is set forth and described on the Webmaster
Program page (http://www.incomepad.com/webmasters.php)
and solely for the purpose of seeking legitimate referrals to
IncomePad and the IncomePad Service. This license is subject
to the terms and conditions of our Trademark Usage Policy and
License, set out on the Webmaster Program page which may be
varied by IncomePad from time to time. All use of the IncomePad
trademarks and tradenames shall be for the sole benefit of IncomePad
and You hereby agree to assign and do all things: (a) necessary
to ensure that IncomePad receives the benefit of such use, or
(b) required by IncomePad to protect its trademarks. You agree
that IncomePad may revoke this license on a selective basis
effective immediately without prior notice for any reason or
no reason. Improper use of the trademarks and/or tradename of
IncomePad is strictly prohibited and IncomePad may terminate
your Membership or cancel your account if You violate our Trademark
Usage Policy and License. |
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| F. PAYMENTS. |
At this time, the
only way to receive payment from IncomePad is by the check mailed
to the mailing address provided by You in the membership form.
All checks will be paid in United States Dollars (USD). Once
You accumulate a sum of at least $20 USD as Amount Earned on
Your account and request payment, IncomePad will mail a check
to You within a reasonable time.
We reserve the right to amend the terms of Payments and/or Payment
calculations at any time, and You will be notified of such change
via a posting on the IncomePad web site (http://www.incomepad.com
). From time to time, as we grow and introduce new services
to You, IncomePad reserves the right to change pay rates, percentages,
and limitations. You understand and agree that pay rates, percentages,
and limitations may be changed by IncomePad without prior notice.
Pending Balance means that we have received
confirmation that you have successfully responded to an offer
but we have not received payment from an advertiser or partner
for this transaction.
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F.1. FAST
CASH.
IncomePad allows You to get paid with our Fast Cash program.
You will be able to earn credits for responding to our partners’
or advertisers’ offers. You are under no obligation to
respond to any offers posted on our web site (http://www.incomepad.com).
Once we receive a confirmation from a reporting agency and/or
from our partner or advertiser that You have successfully responded
to their offer, we will post this offer with corresponding credits
on your Account Information page under Pending Balance, within
a reasonable time.
Once we receive payment from an
advertiser or partner for the offer that you have successfully
responded to, Pending Balance will become Amount Earned for
that offer. If for any reason we are unable to collect payment
from an advertiser or partner your Pending Balance will become
Un-Collectible Balance and you will not be paid for such offer.
You will only be paid for Your Amount Earned on Your account.
You will not be paid for Un-Collectible Balance. You will not
be paid for Pending Balance until it will become Amount Earned.
F.2. SHOPPING.
IncomePad pays you Cash Back for
your shopping that is done though IncomePad links. You
are under no obligation to shop at any store listed on the
IncomePad web site. Once you click on any store link,
from IncomePad web site, you'll be taken to the advertiser's
and/or partner's web site. If you will make a purchase,
and once we will receive a confirmation from a reporting
agency and/or from our partner and/or advertiser that you made
a valid purchase, we will post this information with
correcspoinding credits on your Account Information page,
under Pending Balance, within a reasonable time.
Once we receive payment from a reporting agency, and/or from an
advertiser and/or partner for the purchase that you made, Pending Balance will become Amount Earned for
that transaction. If for any reason we are unable to collect payment
froma reporting agency and/or from an advertiser and/or partner your Pending Balance will become
Un-Collectible Balance and you will not be paid for such
transaction.
You will only be paid for Your Amount Earned on Your account.
You will not be paid for Un-Collectible Balance. You will not
be paid for Pending Balance until it will become Amount Earned.
F.3. OTHER PAY PROGRAMS
As IncomePad will grow and will
be introducing new services to You, IncomePad will announce
new services policies, limitations, terms and conditions at
the time when new services are released.
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| G. YOUR RELATIONSHIP
WITH ADVERTISERS. |
| Your relationship
with merchants, advertisers or other third party businesses
displayed on or linked to any of our Web sites, 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 merchant,
advertiser or third party business. You understand and agree
that IncomePad does not endorse, recommend, authenticate or
warrant any product, offer or service offered by any merchant
or advertiser on any of our Web sites. You agree not to claim
or assert that IncomePad is liable to you or any third party
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 merchants, advertisers or third party businesses through
any of our Web sites or the IncomePad Service. |
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| H.
DISCLAIMER OF WARRANTIES. |
| YOU EXPRESSLY AGREE
THAT USE OF ANY INCOMEPAD WEB SITE, THE INCOMEPAD SERVICE IS
AT YOUR SOLE RISK. THE INCOMEPAD SERVICES ARE PROVIDED ON AN
"AS IS" AND "AS AVAILABLE" BASIS. TO THE
MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, INCOMEPAD EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED BY
LAW, CUSTOM OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTY
OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR
PURPOSE OR NON-INFRINGEMENT. INCOMEPAD MAKES NO WARRANTY REGARDING
ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH ANY OF OUR
WEB SITES, THE INCOMEPAD SERVICE, OR ANY RANSACTIONS ENTERED
INTO THROUGH THE FOREGOING. |
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| I. LIMITAION
OF LIABILITY. |
| TO
THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, NEITHER INCOMEPAD
NOR ANY OF ITS MEMBERS, SUBSIDIARIES, AFFILIATES, 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 MEMBERSHIP AGREEMENT,
RESULTING FROM THE USE OR THE INABILITY TO USE THE INCOMEPAD
SERVICE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND
SERVICES, RESULTING FROM ANY COSTS INCURRED BY A MEMBER IN ATTEMPTING
TO OBTAIN REFERRALS, OR RESULTING FROM ANY GOODS OR SERVICES
PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED
INTO THROUGH ANY INCOMEPAD WEB SITE OR THE INCOMEPAD SERVICE
OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
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.
UNLESS PROHIBITED BY LAW IN YOUR COUNTRY OR JURISDICTION, IF
YOU ARE DISSATISFIED WITH INCOMEPAD, ITS SERVICES OR PROMOTIONS
AVAILABLE THROUGH MEMBERSHIP, YOUR SOLE AND EXCLUSIVE REMEDY
IS TO CANCEL YOUR MEMBERSHIP. IN NO EVENT WILL INCOMEPAD’S
TOTAL CUMULATIVE LIABILITY TO ANY MEMBER UNDER THIS AGREEMENT
EXCEED AN AMOUNT EQUAL TO THE SUM OF THE POSTED DOLLAR AMOUNTS
EARNED FOR RESPONDING TO OFFERS DISPLAYED BY INCOMEPAD ON OUR
PARTNER SITES AND ON INCOMEPAD.COM |
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| J. FORCE MAJEURE. |
| Neither party will
be in default or otherwise liable for any delay or failure in
its performance under this Membership Agreement where such delay
or failure arises by reason of an Act of God, or any government
or governmental body, acts of war, the elements, strikes or
labor disputes, power or system failures, failure of the Internet,
computer hacking, or other causes beyond the control of such
party. |
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| K. CANCELATION
AND TERMINATION OF MEMBERSHIP. |
| Either Party May
Cancel at Any Time. THIS MEMBERSHIP AGREEMENT IS AN AT-WILL
AGREEMENT MEANING THAT EITHER PARTY MAY TERMINATE OR END THE
RELATIONSHIP, INCLUDING ANY RIGHTS, DUTIES OR OBLIGATIONS AT
ANY TIME AND FOR ANY REASON OR NO REASON WITHOUT PRIOR NOTICE
AS SET FORTH HEREIN. You may terminate your Membership at any
time without prior notice by notifying IncomePad at support@incomepad.com
or using the "Cancel my Membership" form http://www.incomepad.com/quit.php
on our Web sites. If later wish to re-enroll, You will be assigned
a new account number, and You will not receive any credit for
referrals made using your previous account. You agree that IncomePad
may terminate this Membership Agreement for any reason or no
reason. |
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K.1.
TERMINATION OF YOUR ACCOUNT FOR CAUSE.
To the full extent allowed by
applicable law, IncomePad may suspend or terminate your Membership
without prior notice for cause, particularly including, but
not limited to: (a) any material violation of any provision
of this Membership Agreement, including any misrepresentation
of your name, residence address, email address or other required
information; (b) tampering with, or otherwise aiding in or promoting
circumvention of the IncomePad Service; (c) acting against the
business interests or reputation of IncomePad despite a written
warning; (d) otherwise acting in violation of applicable law
in any manner related to the terms and conditions of this Membership
Agreement or IncomePad, the IncomePad Web sites, or the IncomePad
Service, or any content provider to the Web site or IncomePad
Service; (e) material breach of our spamming policy; or (f)
any other reason which in the discretion of IncomePad is contrary
to the interests of the IncomePad community.
K.2. RE-ENROLLMENT.
If your account is terminated
by IncomePad for any reason, You may not re-enroll or join under
a new account unless formally invited to do so by IncomePad.
K.3. CREDITS.
Upon termination of your account
for any reason, including your decision to terminate this Membership
Agreement for any reason, any Alternative Rewards Program or
other accrued credits in your account will be deemed "unearned"
and will be forfeited. You agree that all Alternative Rewards
Program or other amounts credited to the your account that are
earned in violation, or after violation, of the IncomePad Agreement
or are otherwise unlawfully obtained by You are null and void.
Similarly, IncomePad will have no obligation to pay You for
Alternative Rewards Program amounts credited to your account
that are earned in violation, or after violation, of the IncomePad
Agreement by your Referrals.
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| L. GOVERNING
LAW AND OTHER TERMS. |
Any action related
to this Membership Agreement will be governed by New York law,
excluding (1) principles of conflicts of laws, and (2) the United
Nations Convention on Contracts for the International Sale of
Goods. ANY ACTION RELATING TO THIS MEMBERSHIP AGREEMENT SHALL
BE BROUGHT IN THE STATE OR FEDERAL COURTS LOCATED IN THE NEW
YORK STATE, AND YOU HEREBY SUBMIT TO THE JURISDICTION AND VENUE
THEREOF. You agree to comply with the laws of New York and the
United States that apply to your Membership and the use of the
IncomePad Service and the compensation You may receive. If the
law of your country, state, or province of residence prohibit
or limit your participation as Member, then You are responsible
for complying with such laws and You agree to indemnify IncomePad
against any breach by You.
If any part of this Membership Agreement is held to be unenforceable,
the unenforceable part shall be given effect to the greatest
extent possible and the remainder will remain in full force
and effect. This Membership Agreement is personal to You and
You may not transfer, delegate, or assign this Membership Agreement,
Your Referrals, your IncomePad account or other benefits you
receive as an IncomePad Member to anyone, and any attempt to
do so shall be null and void. IncomePad may assign this Agreement
at its sole discretion.
This Membership Agreement constitutes the entire agreement between
You and IncomePad in connection with general membership in IncomePad
and supercedes all prior agreements between the parties regarding
the subject matter contained herein. |
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| M. CONTACTING
US. |
| If You have questions
about this Membership Agreement or IncomePad Service, please
contact support@incomepad.com |
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