The Cash Back Network
Terms and Conditions
Effective date: November 2006 Revised date: January 28, 2010
These are the terms and conditions governing use of The Cash Back Network Program ("Program "), and it is your responsibility to read and understand them. By being a member of Travel Values Plus and using the Program, you become a Member of The Cash Back Network (a "Member"), and agree to be bound by the Program Terms and Conditions. Participation in the Program and its benefits are offered at the discretion of Travel Values Plus and Travel Values Plus has the right to change the Program Terms and Conditions, in whole or in part, at any time with or without notice.

1. You must be an individual, 18 years of age or older.
2. Members must be human: no machines, scripts, or automated services may be used to accumulate any financial benefits derived from the use of the Program. You may maintain only one account. Any duplicate accounts will be subject to cancellation.
3. The Program is only available via access to the Travel Values Plus Web site. You must have Internet access and an email address to be eligible to receive the benefits of the Program. Travel Values Plus is not responsible for your inability to connect to the Internet, log into the Travel Values Plus Web site, or access your account.
Accrual/Eligibility
4. Members will be credited, subject to the terms and conditions enumerated in this Agreement, a percentage of the net purchases made by you at one of the online merchants affiliated with The Cash Back Network (an "Affiliated Merchant"). The percentage will be enumerated on The Cash Back Network 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 The Cash Back Network and which reside on the Affiliated Merchant's respective Web sites are hereby incorporated into this Agreement by reference.

5. As a Member, purchases made through the Affiliated Merchants will be deemed a "Qualified Purchase" and will be subject to earn cash back if and only if all of the following criteria are satisfied: 1) "Cookies", both first and third party (if applicable), must be enabled on your Web browser; 2) all potential Qualified Purchases must begin by clicking on the Affiliated Merchant's link that appears on The Cash Back Network Web site and being successfully connected to the Affiliated Merchant's Web site based upon that click; and 3) purchases do not violate any Affiliated Merchant specific terms set forth on the landing page for that merchant. The Cash Back Network may, at all times, route your request for a merchant 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.

6. The determination of whether a purchase made through an Affiliated Merchant is a "Qualified Purchase" is at the sole discretion of Travel Values Plus.

7. There is a maximum eligible cash back amount of two thousand five hundred dollars ($2,500) for Qualifying Purchases made in any calendar month of your membership ("Cash Back Maximum"). Any purchases you make from Affiliated Merchants through the Cash Back Network in a calendar month after reaching the Cash Back Maximum shall not be deemed Qualifying Purchases.

8. Cash back awarded to Members is subject to adjustments for returns, cancellations, and other events. The Cash Back Network may apply such adjustments to Member accounts at anytime at its sole discretion. Should you disagree with any adjustments made to your account, your sole remedy is to withdraw from The Cash Back Network.

9. You may be taxed on your accrual of cash back, depending on the amount of cash back you accrue and the tax laws of federal, state, and local jurisdictions. Travel Values Plus may choose to provide you with those notices on occasion. In all instances, you will be solely responsible for any and all tax liability arising out of your accrual or receipt of cash back.In addition, to enable us to issue an IRS Form 1099, if applicable, we may request certain personal information from you. If you fail to provide such information to us, we may elect to withhold taxes due from your cash back payments unless or until such information is provided.

10. Certain Affiliated Merchants have a list of purchases that are not eligible for accrual or payment of cash back. Those restrictions are set forth on the landing page for that merchant. In addition, prescription medication, monthly Deliveries, such as Wine-of-the-month clubs and Pet foods, gift certificates (with the exception of Spa Wish), and purchases that are picked up at a warehouse or a store location will not be deemed a Qualifying Purchase. In addition, if you place more than ten (10) orders or transactions from a single Affiliated Merchant in any single calendar day, any items contained in orders placed after the tenth order will not be deemed Qualifying Purchases.

11. It is your responsibility to check your account regularly to ensure that cash back has been properly credited and that your account balance is accurate. If you do not believe that a Qualifying Purchase has been correctly credited to your account you must wait at least 30 days after completing a Qualifying Purchase to contact Customer Service as provided on the site. Furthermore, all cash back earned by Members are subject to review. Travel Values Plus may apply necessary adjustments to Member accounts at any time. If you do not agree to adjustments made to your account, your only recourse will be to discontinue use of The Cash Back Network. Travel Values Plus 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

12. Affiliate Merchants operate independently of, and are not under the control of, the Program in any way. The Cash Back Network may provide an index page or other description on our website of certain Affiliated Merchant's terms which is for convenience only. The Cash Back Network 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 cash back caused by such changes, discontinuance, or withdrawal. The Cash Back Network is not responsible for changes to, or discontinuance of, any special offer or coupon code. It is the Member's responsibility to make sure that all specials are valid. If you choose to use coupons and specials that are listed or are not listed on the Affiliated Merchant landing page, we cannot guarantee that you will be eligible to receive a discount and/or cash back on your purchases.

You understand that The Cash Back Network does not operate or control the products or services offered by third parties, promotional partners or participating Affiliated Merchants. Third-party Web sites and online merchants accessed through the Program are responsible for all aspects of order processing, order fulfillment, shipping and handling, billing and customer service. The Cash Back Network is not a party to the transactions entered into between you and the merchants with which you choose to do business. If you buy products or services from Affiliated Merchants you become a customer of those merchants and therefore must direct any comments, complaints or inquiries regarding your purchases to those merchants, and not to The Cash Back Network. All rules, policies (including privacy policies) and operating procedures of those merchants will apply to you while you are using those merchants' Web sites or local store locations. No reference to a third party product or service indicates an endorsement by the Program.
Payment
13. Accrued cash back for Qualifying Purchases will be dispersed to the Members via postal mail to the address on file in your member profile. If there is no address on file, we will retain such amounts until we receive a mailing address from you. Checks are issued on the first of each calendar month for all Qualifying Purchases made 90 days prior to such disbursement date if your accrued amounts are five dollars or greater.

14. It is your responsibility to keep your account information current in order to facilitate the payment of your cash back. In the event that your information is not current at the time of payment, we will retain such amounts in your account until you provide a valid postal address.

15. You must be logged into the Travel Values Plus Web site to access your account. You may check your account status and recent earning history at any time you are able to access the Travel Values Plus Web site.

16. Travel Values Plus is entitled to act on instructions received under your password. You are responsible for keeping your email address, password, account numbers, and other account information confidential. Travel Values Plus is not responsible for any credits or debits made to your account by someone else who uses your account.

17. All cash back payments will be made in U.S. dollars, and cash back amounts paid are calculated in U.S. dollars using the currency conversion rate in effect on the date of your purchase.
NON-Transferability
18. No cash back earned or granted under the Program may be assigned or transferred to any third party except as expressly permitted by Travel Values Plus in writing and/or as may be required by law. The sale or barter of any such cash back, other than by Travel Values Plus, is expressly prohibited. Any cash back assigned, sold, or otherwise transferred in violation of the Program Rules may be confiscated or canceled. Any violator of the foregoing restriction is subject to account termination, deduction of cash back from his or her account, and/or liability for damages and litigation and transaction costs.
Disclosure
19. You authorize Travel Values Plus to disclose to third parties information you have provided, or information that Travel Values Plus has obtained about your account or shopping behavior: (i) to agents of Travel Values Plus or its Affiliated Merchants, such as independent auditors, consultants or attorneys; (ii) to comply with government agency or court orders or requests; (iii) in providing aggregated and non-personalized marketing services for an advertising or merchant partner , or (iv) where it is necessary for payment of your cash back. Further, you authorize Travel Values Plus to receive any account information from any Affiliated Merchant including, but not limited to information regarding the Qualified Purchase such as the products ordered, the order number, the time and date the Qualified Purchase occurred, the email address entered for the Qualified Purchase. You agree to hold the Affiliated Merchant harmless for any information.
Disclaimer
20. THE PROGRAM IS BEING PROVIDED TO MEMBER "AS IS" WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRAVEL VALUES PLUS 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.

21. TRAVEL VALUES PLUS 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 TRAVEL VALUES PLUS INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE CASH BACK NETWORK WEB SITE, TRAVEL VALUES PLUS DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS THAT THIS SITE IS FREE OF DESTRUCTIVE MATERIALS. IN ADDITION, TRAVEL VALUES PLUS DOES NOT WARRANT THAT ACCESS TO THE CASH BACK NETWORK WILL BE UNINTERRUPTED OR ERROR-FREE, AND TRAVEL VALUES PLUS ASSUMES NO RESPONSIBILITY FOR ANY DAMAGE CAUSED BY YOUR ACCESS, OR INABILITY TO ACCESS, THIS SITE, INCLUDING, BUT NOT LIMITED TO, YOUR INABILITY TO ACCRUE DISCOUNTS BY PURCHASING ITEMS WITH AN AFFILIATED MERCHANT.
Limitation
22. IN NO EVENT WILL ANY OTHER COMPANY WITH WHICH TRAVEL VALUES PLUS HAS A CORPORATE PARTNERING RELATIONSHIP, INCLUDING WITHOUT LIMITATION, CO-BRANDING, CO- MARKETING, JOINT DEVELOPMENT, A MERCHANT RELATIONSHIP, OR A SUPPLIER RELATIONSHIP (EACH A "CORPORATE PARTICIPANT") BE LIABLE TO YOU FOR NON- PERFORMANCE OF THE OBLIGATIONS OF TRAVEL VALUES PLUS. YOU AGREE NOT TO SUE ANY CORPORATE PARTICIPANT FOR NON-PERFORMANCE BY TRAVEL VALUES PLUS. IN NO EVENT SHALL TRAVEL VALUES PLUS 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: (I) THE PROGRAM; (II) ANY FAILURE, DELAY, OR DECISION BY TRAVEL VALUES PLUS IN ADMINISTERING THE PROGRAM; (III) THE USE OR INABILITY TO USE THE CASH BACK NETWORK WEB SITE, OR; (IV) THE PURCHASE OR USE OF ANY MERCHANDISE, PRODUCTS, OR SERVICES OF MERCHANTS OR SUPPLIERS, EVEN IF TRAVEL VALUES PLUS, 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.

23. MEMBER AGREES TO INDEMNIFY AND HOLD TRAVEL VALUES PLUS,ITS PARENTS, SUBSIDIARIES, AFFILIATED MERCHANTS, 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.
Termination
24. Travel Values Plus reserves the right to terminate the Program at any time with notice. Notification of Program termination will be sent to the email address you provide to Travel Values Plus. Travel Values Plus will not be responsible for failing to notify you of Program termination where such failure is caused by any reason outside the control of Travel Values Plus, including: an error in your email program, an inaccurate email address, your failure to check for your email online, or your failure to inform Travel Values Plus of a change in your email address.

25. Travel Values Plus 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 this 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
Termination Membership
26. Participation in The Cash Back Network is subject to the Program Terms and Conditions. Any failure to comply with the Program Terms and Conditions, any fraud or abuse relating to the accrual or payment of cash back, or any misrepresentation of any information furnished to Travel Values Plus or its Affiliated Merchants by you, or anyone acting on your behalf, may result in the termination of your participation in the Program, cancellation of your account and/or forfeiture of your accrued cash back.

Disputes
27. All questions or disputes regarding the Program, including without limitation, questions or disputes regarding eligibility for the Program, or the eligibility of purchases for cash back, must be submitted in writing within 120 days of the Qualifying Purchase to: Travel Values Plus The Cash Back Network, P.O. Box 1016, Trumbull, CT 06611, or email us at customerservice@travelvaluesplus.com. Any such disputes shall be resolved by Travel Values Plus at its sole discretion. All interpretations of Program Terms and Conditions shall be at the sole discretion of Travel Values Plus. In the event that an error is made by Travel Values Plus, your sole remedy shall be the credit of the disputed discount to your account
Miscellaneous
28. This Agreement shall be governed by and construed in accordance with the laws of the State of Connecticut, without reference to conflicts of law rules. As a condition of the use of the discount shopping website and service, you (the Member) agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Fairfield, Connecticut and therefore agree to file any grievance or suit of any kind exclusively in the courts located within the county of Fairfield. 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. The failure of Travel Values Plus 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 Travel Values Plus and the Affiliated Merchants or between Travel Values Plus and any other of its Corporate Partners. Neither the Affiliated Merchants nor any Corporate Partner shall have the ability to create any obligation on behalf of Travel Values Plus. This Agreement constitutes the entire agreement between you and with respect to Travel Values Plus and The Cash Back Network.
Members:
Type in your Email Address and Password below to login.
Email:
Password:
Standard |
 Secure
Remember my Login information on this computer.
Details
Member Benefits
Member Services