Please read the following legal information carefully, as they may have changed since your last visit to this site.

Overview

This Member Agreement (the "Agreement") is between you ("You") and Retail Cashback ("RetailCashback.com", "Retail Cashback" or "We"). Retail Cashback provides a free service ("Program") to its members ("Members" or "Member") that allows members to receive cash rebates on purchases made at affiliated stores/merchants ("Affiliated Stores") when those purchases are made through RetailCashback.com. Affiliated Stores have agreed to pay Retail Cashback certain affiliate or referral fees ("Commission") when Members purchase goods or services from Affiliated Stores through Retail Cashback. Once Retail Cashback receives Commission from an Affiliated Store for a purchase made by a Member, Retail Cashback will deposit all or a part of that Commission (depending on the cashback amount for the Affiliated Store specified on the Retail Cashback website) into Member account.

This Agreement explains the terms and conditions that govern membership in the Program (the "Program Terms and Conditions"). It is your responsibility to read and understand this agreement. By enrolling as a member in the Program (a "Member"), you acknowledge that you have read and understood the Program Terms and Conditions and agree to be bound by all of its terms. If you do not agree to any of the terms of the Program Terms and Conditions, you must not enroll in the Program. Enrollment is defined as creating a Retail Cashback account using your valid e-mail address or using your existing Google account. Participation in the Program and its benefits are offered at the discretion of Retail Cashback, and Retail Cashback has the right to change the Program Terms and Conditions, in whole or in part, at any time with or without notice at any time. Check these terms periodically for changes. Your continued use of Retail Cashback following the posting of changes to the Member Agreement will mean that you accept those changes.

Membership Eligibility

1. You represent that you are a person of legal age in the state in which you live (generally at least 18 to 21, depending on the state) and are a legal resident of the United States, a US territory or Canada.

2. Members must be human beings, not machines. That is, you must not use any automated scripts or automated services to access your Retail Cashback account and accumulate any financial benefits derived from the use of Retail Cashback web site. As a Member, you must be a real person and must make and pay for a real transaction (without returning the ordered item(s) or service(s) or obtaining a refund) at one of our Affiliated Stores to qualify for a Cashback Rebate (as defined below). You may maintain only one account. Any duplicate accounts will be subject to cancellation at Retail Cashback's discretion. Duplicate accounts may be identified by e-mail address, mailing address, phone number, or name associated with the account. If Retail Cashback in its sole discretion thinks that you are abusing the system in any way or engaging in activity that may be perceived as fraudulent, your account with Retail Cashback is subject to immediate cancellation and you will forfeit all Cashback Rebates earned under that account.

3. The Program is only available via the Retail Cashback website located at www.RetailCashback.com or through a link supplied by and approved by Retail Cashback. You must have Internet access and an e-mail address to be eligible to receive Member privileges and benefits. Retail Cashback is not responsible for your inability to connect to the Internet and access Retail Cashback or any Affiliate Store website. You must be logged into your Retail Cashback account and access and transact at the Affiliated Store through our site. Any transactions that are not recorded by an Affiliated Store as originating at Retail Cashback will not be credited to your account.

4. You will not permit any use of Retail Cashback that would damage, interfere with or unreasonably overload our service or engage in any activity that is otherwise unlawful. You also agree not to "SPAM" unknown individuals by sending them unwanted e-mails to solicit their membership at Retail Cashback. Refusal to abide by this or any other rule(s) may result in Retail Cashback reversing any Cashback Rebates and referral bonuses in your account and/or terminating your membership.

5. In order to be eligible for Cashback Rebates for shopping through Retail Cashback at Affiliated Stores, you must first create an account by providing your e-mail address and password. However in order for Retail Cashback to send your Cashback Rebates, you will be required to provide either (a) an e-mail address for use with Paypal or (b) further personal information including, but not limited to, your full name, mailing address (including city, state and ZIP Code), and Country of Residence. Please review our privacy policy to see how we respect your personal information. You agree that it is your responsibility to keep your Member information current, complete and accurate in order to facilitate the payment of your Cashback Rebates. In the event that your information is not current at the time of payment, you forfeit all accrued Cashback Rebates to Retail Cashback. Furthermore, Retail Cashback is not responsible for any checks mailed to the wrong postal address or Paypal account due to inaccurate information provided by you.

6. Retail Cashback 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.

Accrual of Cashback Rebates

1. Retail Cashback gets commissions from its Affiliated Stores when Members purchase goods or services from Affiliated Stores through Retail Cashback. Member account is credited for each Cashback Rebate earned as a result of making a "Qualified Transaction" at an Affiliated Store's website through Retail Cashback and the Affiliated Store recording this transaction as originating from Retail Cashback.

2. Your account will be credited, subject to the terms and conditions enumerated in this Agreement, either (a) a percentage of the Net Purchases made by you at the website of one of the online merchants affiliated with Retail Cashback (an "Affiliated Store"), (b) a set dollar amount for a specific action taken by you at an Affiliated Store's website (either a "Cashback Rebate") or (c) through the Retail Cashback referral program. The Cashback Rebate will be enumerated on the Retail Cashback website as it relates to each Affiliated Store. 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 any Affiliated Store defines on its website and as is enumerated in its respective Affiliate Membership and/or Operating Agreement document, whichever is less. All Affiliated Store Membership and/or Operating Agreements as they relate to their affiliate or partner programs with Retail Cashback and which reside on the Affiliated Stores' respective websites are hereby incorporated into this Agreement by reference. Money earned through various promotions will be paid along with regular Cashback Rebates.

3. Any purchases made by you through Retail Cashback Affiliated Stores' websites will be deemed "Qualified Transactions" and will be subject to earn a Cashback Rebates if and only if all of the following criteria are satisfied:
  (a) "Cookies", both first and third party, must be enabled on your Web browser.
  (b) You must visit Affiliated Store's website by clicking a store link displayed on Retail Cashback website and must be successfully connected to the Affiliated Store's website. Sometimes, Retail Cashback may route your request to store site through specific links, in order to assure that the sale can be tracked correctly. Any alteration of these links may invalidate your sale as a Qualified Transaction for cashback.
  (c) From the time you visit store site through Retail Cashback until your shopping transaction is complete, you must not link to the same store site through any other shopping site. This is required to ensure store associates your purchase transaction with RetailCashback and not some other shopping site.
  (d) All purchases must be started and completed in one shopping session within the Retail Cashback shopping program. If you visit store site through RetailCashback, but complete the purchase hours or days later, the store may fail to associate your order with our Cashback program.

4. The determination of whether or not a purchase made through a Retail Cashback Affiliated Store is a Qualified Transaction is at the sole discretion of Retail Cashback. Since Retail Cashback is sharing a percentage of payments it receives from Affiliated Stores, any transaction that Retail Cashback does not receive credit or payment for will not be paid to you (although Retail Cashback may have credited your account).

5. Cashback awarded is subject to adjustments for returns, cancellations, and other events related to your purchase. In case of return or cancellation of order, Retail Cashback retains the right to reverse account credit. In addition, some coupons, found at Retail Cashback or other websites may negate Qualified Transactions. Such adjustments can be applied to your account at any time by Retail Cashback at its sole discretion.

6. You may be taxed on the cashback you earn as per tax laws of federal, state and local jurisdictions, depending on where you reside. You will be solely responsible for any tax liability arising out of your cashback earnings.

7. Some purchases are not eligible for Cashback earnings, for example, transactions that are substantially completed by telephone, purchases that are picked up at a warehouse or a store location, or certain services or goods specified by Affiliated Stores. Prescriptions from all stores are not eligible due to Federal/State laws and regulations. Monthly deliveries, such as wine-of-the-month clubs and pet foods, are not eligible for Cashback Rebates unless all months are paid for up front through Retail Cashback. Gift Certificates purchased at our Affiliated Stores do not qualify for Cashback Rebates unless specifically stated. In addition, certain Affiliated Stores do not allow accrual of Cashback Rebates by Members. These merchants may be listed in order to help you shop online and to offer coupons to help you save.

8. It is your responsibility to check your RCB account regularly to ensure that Cashback Rebates have been properly credited and that your account balance is accurate. If you believe some cashback transactions have been incorrectly credited to your account, you must contact RCB Customer Service. All Cashback Rebates earned by you are subject to review. Necessary adjustments may be applied to your account at any time by Retail Cashback at its sole discretion. If you do not agree to adjustments made to your account, you must contact RCB customer service. Retail Cashback may require you to send us an electronic copy of the purchase receipt along with your inquiry to help RCB investigate the issue. Retail Cashback reserves the right to terminate your account if you are no longer reachable at the e-mail address you provide.

9. Retail Cashback is not responsible for changes to any Affiliated Store policies, or withdrawal of an Affiliated Store from the Program, that may have an effect on your Cashback earnings.

10. Retail Cashback displays special coupons that you may use for additional discounts at Affiliated Stores. Retail Cashback is not responsible for changes to, or discontinuance of, any special offer or coupon at an Affiliated Store site. Some special offers require you to enter a coupon code during checkout process. If you forget to enter the coupon code or are unaware that you must enter a coupon code, Retail Cashback is also not liable to compensate you for the savings you did not get.

11. If you choose to use coupons and/or specials that are not listed on the Retail Cashback site, we cannot guarantee that you will be eligible to receive Cashback Rebate on your purchases.

Payment Schedule

1. Payments will be made in U.S. dollars.

2. You may request to redeem your cashback earnings once your purchase earnings have reached a minimum threshold amount of $20. Your cashback earnings from promotions (signup or friend referral) do not count towards this minimum threshold amount.

3. You may request to redeem your cashback earnings via check or your PayPal account. The check will be mailed to your address on file.

4. You must keep your account information current and accurate in order to facilitate the payment of your Cashback earnings. In the event that you do not receive payment sent by us, Retail Cashback Customer Service will assist you in determining the cause of any non-payment (or non-delivery). If it has been determined that non-payment was caused by a process error in payment automation, all accrued Cashback Rebates will be re-paid in full. However, Retail Cashback will not responsible for any non-payments resulting from incorrect account information (mailing address or PayPal account information). For any claims pertaining to a misapplied PayPal payment, you should contact PayPal support for assistance. Retail Cashback will not make any replacement payments for misapplied PayPal payments.

Account Access and Management

1. You have two options to register with RCB - create a new RCB account or use your Google Account.

2. If you create a new RCB account, you must provide your email address and select a secure password. You will use the combination of email and your secure password to access your cashback account at Retail Cashback website.

3. If you opt to use Google account, you will be redirected to Google site for signup and login requests. Your existing Gmail id and password will be sufficient for accessing your cashback account at RCB. You DO NOT need to create new password for your RCB account.

4. You must be logged into Retail Cashback site to access your account. You will use your RCB account to accumulate cashback earnings, check account balances, modify your account information and request cashback payments to you.

5. Retail Cashback is entitled to act on instructions received under your password. For security purposes, it is recommended that you memorize your password, keep it secure and do not share it with others. You are responsible for keeping your e-mail address, password and other account information confidential to avoid possible misuse or fraud by others. Retail Cashback is not responsible for any credits or debits made to your account by someone gains illicit access to your account. If you think that someone has accessed your account without your permission, you must change your password immediately and notify Retail Cashback of such breach of security. You also acknowledge that you understand that Retail Cashback will not contact you to solicit your e-mail address or password.

6. The Cashback earned by you may not be assigned or transferred to any third party except as permitted by Retail Cashback in writing. The sale or barter of your Cashback earnings is expressly prohibited. Accrued Cashback earnings do not constitute property, and are not transferable: (i) upon death; (ii) as part of a domestic relations matter; or (iii) otherwise by operation of law. Any Cashback earnings 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 Cashback Rebates from your account, and/or liability for damages and litigation and transaction costs.

Disclosure of Account Information

Please refer our Privacy Policy in regards to sharing of your account information.

Disclaimer

The Retail Cashback program is being provided to member "as is" with no warranty. To the maximum extent permitted by law, Retail Cashback 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.
Retail Cashback does not warrant, guarantee, or make any representations regarding the quality of, or accuracy of advertisements for, any products or services offered or provided by the Affiliated Stores in conjunction with the program. In addition, although Retail Cashback intends to take reasonable steps to prevent the introduction of viruses or other destructive materials to the Retail Cashback web site, Retail Cashback does not warrant that access to this site will be uninterrupted or error-free. Retail Cashback 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 cashback earnings by purchasing items with an affiliated merchant.

Limitation of Liability

1. In no event will any other company with which Retail Cashback 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 Retail Cashback obligations. You agree not to sue any corporate participant for non-performance by Retail Cashback. In no event shall Retail Cashback 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 Retail Cashback in administering the program; (iii) the use or inability to use this web site; or (iv) the purchase or use of any merchandise, products, or services of merchants or suppliers, even if Retail Cashback, 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.

2. You agree to indemnify and hold Retail Cashback, 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 your use of the program, the violation of these policies by you, or the infringement by you, or other user of the program using your 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 or Changes to the Program

Retail Cashback 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 you to redeem Cashback Rebates in your account. Notification of Program termination will be sent to the e-mail address you provide to Retail Cashback during the registration process. Retail Cashback will not be responsible for failing to notify you of Program termination where such failure is caused by any reason outside the control of Retail Cashback, including an error in your e-mail program, an inaccurate e-mail address, your failure to check for your e-mail account, or your failure to inform Retail Cashback of a change in your e-mail address.
Retail Cashback may modify this Member 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 Retail Cashback website 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 of Membership

Membership in the Program is subject to the Member Agreement. Any failure to comply with the Member Agreement, any fraud or abuse relating to the accrual or redemption of Cashback Rebates, or any misrepresentation of any information furnished to Retail Cashback 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 Retail Cashback account and/or forfeiture of your accrued Cashback Rebates. Retail Cashback reserves the right to close accounts that have been inactive for more than twelve (12) months ("Dead Accounts"). Inactivity is defined as you not logging in to Retail Cashback. Any account that is closed will have all Cashback Rebates in it taken back by Retail Cashback, and will no longer allow user login under that username and password. If there is over the minimal payout amount in a Dead Account, Retail Cashback will attempt to contact the holder of the Dead Account.

Disputes or Errors

All questions or disputes regarding the Program, including without limitation, questions or disputes regarding eligibility for the Program, or the eligibility of Cashback Rebates for accrual or redemption, must be submitted in writing within sixty (60) days of the qualifying transaction, to Retail Cashback at: Customer Service, Retail Cashback, #############, or contact Customer Care. Any such disputes shall be resolved by Retail Cashback at its sole discretion. All interpretations of Program Terms and Conditions shall be at the sole discretion of Retail Cashback. In the event that an error is made by Retail Cashback, your sole remedy shall be the credit of the disputed Cashback Rebates to your Retail Cashback account.

Miscellaneous

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. As a condition of the use of the Retail Cashback website and service, you agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Los Angeles, California and therefore agree to file any grievance or suit of any kind exclusively in the courts located within the county of Los Angeles. 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. Retail Cashback'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 Retail Cashback and the Affiliated Stores or between Retail Cashback and any other of its Corporate Partners. Neither the Affiliated Stores nor any Corporate Partner shall have the ability to create any obligation on Retail Cashback's behalf. This Agreement constitutes the entire agreement between you and Retail Cashback with respect to the Program.

These document was last updated on May 31, 2009.