TuneZip Tell Friends Program Agreement

  
 

This Agreement sets out the terms and conditions which apply to an individual's participation in the TuneZip Tell Friends program (the "Program"). As used in this Agreement, "TuneZip Site", or the "Site" means the tunezip.com web site which has it's primary home page identified by the URL www.tunezip.com. A "Product" refers to any product listed on the TuneZip site that is fullfilled by us or on our behalf. "You" or "your" refers to each and every participant in the TuneZip Tell Friends program. "We", "us", or "our" means TuneZip.


1. Participation in the Program

To participate in the Program you will complete and submit the Tell Friends form (the "Form") provided on the TuneZip web site. The decision on acceptance or rejection will be done at our sole discretion. Please note that if your submission is initially accepted but is later determined (in our sole discretion) to be ineligible for the Program we may then reject it.


You acknowledge and agree that we may send you email updates from time to time related to your participation in the Program.


2. Order Processing

TuneZip will process orders placed by users you have notified using our Tell Friends function. We reserve the right to reject any orders that do not comply with any requirements which we may periodically establish and/or modify.


3. Rebate Rewards

TuneZip will track purchases made and determine whether the purchaser is a New Customer who has not bought from TuneZip previously. TuneZip will award you Rebate Rewards on the first purchase transaction made by New Customers whose purchase is directly attributable to your having invited them to the Site using the Tell Friends function. A "New Customer" is considered to be a customer who we determine is purchasing from TuneZip for the first time. This determination will be made by TuneZip in our sole discretion. To be considered a directly attributable purchase the email address supplied by the customer at the time of the transaction must match the email address provided by you when using the Tell Friends function to send the invitation notice. TuneZip will not be liable for rebates which can not be directly tracked due to the provision of an alternate, mispelled, incomplete, or otherwise non-matching email adress.

If the customer making a Purchase using an email address which was previously sent an invitation by another customer using the Tell Friends function is determined to be a New Customer, then the customer who sent the invitation will be eligible to receive a Rebate Reward based on the value of the item purchased in the case of single item transactions, or the value of the most expensive item purchased in the case of multiple item transactions. The value of the Rebate Reward awarded is determined by following fee schedule:

Highest item value purchased   Rebate Reward
US $50 iTunes Gift Card or Opening an iTunes Account   US $3
US $25 or US $15 iTunes Gift Card   US $2
US $10 iTunes Gift Card   US $1

Any Rebate Rewards awarded according to the schedule above will be credited to the user to which it has been awarded, and will be applied to the next immediately subsequent purchase made by this user up to a maximum value of $5 per purchase transaction. Once a rebate has been paid to a user its value is subtracted from the reward balance. Should the user still have a remaining award balance after the $5 per transaction maximum has been reached, the remaining award balance will be applied to future transactions up to a limit of $5 per transaction until the reward balance has been exhausted. Rebate Rewards awarded to a user are NOT TRANSFERABLE to any other user. If the customer making a Purchase is determined to be a "Returning Customer" who had already made a purchase before being invited by another Site user using the Tell Friends function, then a Rebate Reward shall NOT be awarded to the user who sent the invitation. A "Returning Customer" is considered to be a customer who we determine has purchased from TuneZip previously. This determination will be made by TuneZip in our sole discretion.

Should the case occur where a previously invited New Customer is again invited by another user, any Rebate Rewards which may result from this customers purchases shall only be awarded to the user who originally invited the customer.

You may not use the Tell Friends function to send an invitation to yourself in an attempt to receive Rebate Rewards for your own purchases. Making such attempts may result in the forfeiture of the related rebates, the withholding of previously awarded rebates, and the suspension or termination of your Tell Friends Program participation. The appropriate action to be taken in such cases will be determined by TuneZip in our sole discretion.


4. Rebate Reward Payments

Payments for Rebate Rewards applied to transactions which were completed on or before the 15th day of a calendar month will be due to be processed on the last day of the same calendar month, while payments for Rebate Rewards applied to transactions which were completed after the 15th day of a calendar month will be due to be processed on the last day of the following calendar month. For example, Rebate Reward Payments for a purchase you completed on or before the 15th of November will be due to be processed on November 30th, while Rebate Reward Payments for a purchase you completed on the 20th of November will be due to be processed on December 31st. In cases where the last day of the month falls on a weekend or public holiday, the Rebate Reward Payment may instead be processed on either the next subsequent business day of the subsequent month, or the last preceding business day of the preceding month.

Rebate Reward Payments will be made online using Paypal. You must have a valid Paypal account in order to receive Rebate Reward payments.


5. Policies and Pricing

Customers who buy products through this Program will be deemed to be our customers. As such, all of our rules, policies, and operating procedures concerning customer orders, order fulfillment, and customer service will apply to those customers. We reserve the right to change our policies, operating procedures and product prices at any time. Product availability may vary from time to time.


6. Compliance with Laws

You agree that while you are participating in the Tell Friends Program you will comply with all relevant laws and ordinances of any governmental authority that has jurisdiction over you. In addition, you agree that while you are participating in the Program you will comply with all applicable laws that govern unsolicited email marketing (a.k.a. Spamming) activities.


7. Terms of the Agreement

The term of this Agreement will commence upon our acceptance of your Tell Friends Program submission and will end when terminated by either party. Either party may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Your eligibility to be awarded Rebate Rewards ends immediately with termination, and Rebate Rewards awarded prior to termination will remain payable according to the schedule presented in section 3 above only if the respective orders are not canceled or returned.


8. Modification

We may modify any of the terms and conditions stated in this Agreement at any time and in our sole discretion by posting a change notice or a new agreement on the TuneZip Site. Your continued participation in the Program following our posting of a change notice or a new agreement on the TuneZip Site will constitute binding acceptance of the change.


9. Relationship of Parties

You and we are independent contractors, and this Agreement does not create any employment, joint venture, partnership, agency, franchise, or sales representative relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf, and shall make no statement which would contradict this.


10. Limitation of Liability

In no instance shall TuneZip be liable to you for lost revenues, data or any consequential, special, incidental or indirect damages, however caused and on any theory of liability (including without limitation, negligence), arising in connection with this Agreement or your participation in the Program, even if TuneZip has been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement will not exceed the total Rebate Rewards paid or payable to you under this Agreement.


11.Indemnification

You agree to indemnify, defend, and hold harmless TuneZip and its directors, officers, employees, shareholders, agents and affiliates, harmless of and from any and all liability, losses, damages, injuries or expenses (including but not limited to attorney's fees) arising out of any claimed or alleged action or inaction toward any third party whether such claimed or alleged action or inaction arises out of a claim of misuse of copy written materials, License violation, domain misuse, trademark misuse or any active or passive negligence.


12. Warranty Disclaimer

You acknowledge and agree that we make no express or implied representations or warranties, statutory or otherwise, and that we specifically disclaim any warranties as to the usefulness, fitness, accuracy, reliability, merchantability, noninfringement, or effectiveness of any services, materials, or products provided hereunder or that the services provided hereunder will be uninterrupted, error free or available, and we will not be liable for the consequences of any interruptions or errors.


13. Miscellaneous

A failure on our part to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement. You acknowledge that you have read this Agreement carefully and agree with all its terms and conditions. You understand that we may at any time solicit referrals on terms that may differ from those contained in this Agreement. You have independently assessed the desirability of participating in this Program and are not relying on any representation, statement or guarantee other than those present in this Agreement.