ClubBucks
Merchant Affiliate Terms and Conditions
IMPORTANT
- PLEASE READ THE FOLLOWING CAREFULLY BEFORE AGREEING TO BECOME A CLUBBUCKS
REWARDS MERCHANT AFFILIATE:
Your approval to be a ClubBucks Merchant Affiliate is based on your acceptance
of all the terms and conditions in this agreement. By selecting the “SUBMIT”
button at the bottom of the online Merchant Affiliate Application, you
are entering into a legal agreement with the Discount Home Shoppers Club,
Inc. (DHS Club) and formally indicating your acceptance of the terms and
conditions of this agreement as named below.
Defined Terms
In this Agreement: (a) "you" or "your" means you,
the owner applicant applying to participate in the ClubBucks Merchant
Affiliate Program, (b) "we" or "us" or "our"
or “DHS Club” means the Discount Home Shoppers Club, Inc.
(c) "our or your Website" means web pages provided by the DHS
Club, currently located at www.clubbucks.com
(d) "Member" means any approved ClubBucks card holder (e) “discount”
or “discount percentage” is the percentage of the sale (not
including tax, shipping or handling) that you have agreed to pay the DHS
Club in your application or you have modified at your web site.
Approval
Terms
We reserve the right to accept or reject a Merchant Affiliate application
in our sole discretion. If we reject your application, you may reapply
after six months. We also reserve the right in our sole discretion to
reject a Merchant Affiliate application even after we have communicated
acceptance to the Merchant and to remove a Merchant Affiliate from the
ClubBucks Rewards Program at any time for any reason.
Usage
of ClubBucks Name and Logo
Upon being approved as a ClubBucks Merchant Affiliate and being listed
at our ClubBucks Merchant Directory, you will be permitted to use the
ClubBucks name, logo and licensed trademarks in your advertising or promotions.
You acknowledge and agree that such permission is limited, that all right,
title, ownership and interest in same shall remain with us at all times.
You shall not take any action inconsistent with our ownership of or goodwill
associated with our name, logos or licensed trademarks, including, without
limitation, applying for registration of any of our names, logos or trademarks
(or any mark similar thereto) anywhere in the world. However, we reserve
the right to restrict or require you to discontinue any advertising using
our names, logos or trademarks, in our sole discretion.
In the event that a Merchant Affiliate’s status has been terminated
by either party, the Merchant Affiliate must remove all ClubBucks logos,
stickers, signs or forms from the place of business and will be unable
to use the ClubBucks Rewards program for any future advertising or promotions.
Discount Percentage
You must honor the discount percentage you agree to pay to the DHS Club
for any purchases made by Members. Should this agreement be terminated
by either party, you must honor the discount on purchases made the day
of or any day before such termination takes place.
Membership
Type |
Total
Discount |
Reward
Points
(are based on each U.S. Dollar spent) |
Referral
Fee% |
Pay
Points % |
SIAM
% |
| Bronze |
3% |
2
points |
1/4% |
3/8% |
3/8% |
| Silver |
6% |
4
points |
1/2% |
3/4% |
3/4% |
| Gold |
10% |
6
points |
1% |
1
1/2% |
1
1/2% |
| Platinum |
15% |
10
points |
1
1/4% |
1
7/8 % |
1
7/8% |
| Special
Exception* |
Negotiated |
TBD |
TBD/NA |
TBD/NA |
TBD |
MARKETING ASSISTANCE PROVIDED BY THE DHS CLUB
| Bronze |
A
free email "announcement" to local Members and a free listing
at our online Merchants Directory. |
| Silver |
All of the Bronze
Benefits, PLUS a link from the listing to your business website and
1 free assisted email or electronic newsletter (e-zine) advertising,
sent to local members on an ongoing, monthly basis.
|
| Gold |
All of the Silver
Benefits, PLUS an advertisment included with your listing and 2 free
assisted emails or electronic newsletters (e-zine) advertising, sent
to local members on an ongoing, monthly basis. |
| Platinum |
All
of the Gold Benefits, PLUS 4 free assisted emails or electronic newsletters
(e-zine) advertising, sent to local Members on an ongoing, monthly
basis. |
Sale
Prices
Your business must honor the prices and offers listed at the time of purchase,
as well as the agreed to discount with the DHS Club. Any sales, clearance
or special offer purchases made by Members that will not include the agreed
to discount must be pre-approved by the DHS club and noted at our Merchant
Directory.
Customer
Service
Your business must provide good customer service and a method for Members
and the DHS Club to contact your business about customer service issues.
The DHS Club may, at their discretion, make a determination of unacceptable
customer service and consequently terminate your status as an approved
ClubBucks Merchant Affiliate, upon providing you notice of same.
Product
Standards
The products or services offered must be in good taste and socially acceptable.
The DHS Club may, at their discretion, make a determination of unacceptable
products and services and consequently terminate your status as an approved
ClubBucks Merchant Affiliate, upon providing you notice of same.
Return
Policy
Your return policy must be clearly stated and be made readily available
to the purchasing Member.
Customer
Receipts
Each Member purchase must include a receipt that is stamped or imprinted,
designating it as a ClubBucks purchase.
Reporting
Purchases
You must report all Member purchases within 24 hours of the purchase
being made, either by approved electronic means or by entering the purchase
information into your Merchant website. Failure to report purchases in
a timely manner will be grounds for termination of your ClubBucks Merchant
Affiliate status.
Terms
for Non-United States Based Businesses
All transactions
entered into the Merchant Affiliate Transaction Log must be in United
States Dollars (USD) and based on the conversion rate of the local currency
to USD on the date of entry. It is the responsibility of the participating
non-United States based Merchant Affiliate to see that this conversion
is performed and the correct information is entered. The draft for acquiring
the funds necessary to pay Reward Points, referral fees, pay points and
administrative costs will be drafted in USD. Because of minor variations
in conversion rates the amount drafted may be slightly lower or higher
in local currency when this monthly draft occurs.
Tracking
and Recording Transactions
The DHS Club will provide you with your own password protected website
to report your Member transactions (purchases and returns), as well as
to be able to track and record Member transactions with your business.
At the end of each month, you will be provided with a report at your website,
showing the total of purchases made and the amount owed the DHS Club by
your business, based on the agreed to percentage of discount.
Discrepancies
Should any discrepancies be seen at your report, you must report the discrepancy
to the DHS Club within 3 business days of it being posted, in order for
it to be eligible for consideration. We will review any contests made
about an entry. However should a contest be made 3 business days after
an entry has been posted, the DHS Club, at their discretion, may choose
not to make any change to the posting.
Payment
Policy
Merchant Fees
will be billed automatically to the credit or debit card noted in your
online merchant file. You will be billed on a monthly basis on the 5th
of the month or shortly thereafter based on Member purchases made the
previous month. For more detailed information on these amounts, please
see your online transaction report.
Nonpayment
Policy
Should the DHS Club be unable to receive the discount amount owed, the
Merchant Affiliate status will be changed to suspended, notices will go
out to purchasing Members notifying them of the nonpayment and it will
be posted as such to the Merchant Affiliate Directory until such time
as the money owed the DHS Club has been collected. Should the amount owed
not be collected by the 10th of the month, following the month the applicable
purchases were made, notices will go out to the purchasing Members that
the Merchant Affiliate has not honored this agreement and the applicable
Member credits will be reversed until such time as the Merchant provides
payment. Should the Merchant Affiliate not provide payment as owed by
the end of the month following the month the eligible purchases were made,
the DHS Club will terminate the Merchant Affiliate status and post same
to the Merchant Affiliate Directory.
Representations
You have independently evaluated the desirability of participating in the
ClubBucks Merchant Affiliate Program and are not relying on any representation,
guarantee, or statement other than as set forth in this Agreement. No guarantee
has been made for the increase or improvement of sales is concerned, by
your participation as a ClubBucks Merchant Affiliate.
Agreement Term
The term
of this Agreement shall begin upon our acceptance of your Merchant Affiliate
Application and will end when terminated by either party. Either you or
we may terminate this Agreement and your participation in the ClubBucks
Merchant Affiliate Program at any time, with or without cause, by giving
the other party written notice of termination. Providing notice by email
to us at merchant@dhs-club.com
and to you at the email address in our records shall be sufficient notice
for termination of this Agreement.
Agreement Modification
We may modify any of the terms and conditions contained in this Agreement
at any time and without approval, by posting a change notice or a modified
agreement at our website. Notice of any change to this Agreement delivered
by e-mail to your address on our records or by the posting of a new agreement
on our website shall constitute sufficient notice to you of such change.
If a modification is unacceptable to you, your sole recourse is to terminate
this Agreement and your participation in the Merchant Affiliate Program.
Your continued participation in the Affiliate Program following our posting
of a change will constitute binding acceptance by you of such change.
Relationship
of the Parties
Nothing set forth in this Agreement will create any partnership, joint venture,
agency, franchise, sales representative or employment relationship between
the parties. You will have no authority to make or accept any offers or
representations on our behalf.
Limitations on Liability
Neither the DHS Club or any of its officers, employees, or agents will have
any liability of any sort arising from any website interruptions, or for
any inability to communicate effectively by email transmissions. We do not
warrant that our or your website will be error free or that it will function
without interruption.
Miscellaneous
This Agreement shall be governed by the laws of the United States and
of the State of Florida, as applied to agreements made, entered into and
performed entirely within the State of Florida, notwithstanding your actual
state of residence or principal business location. Any action relating
to this Agreement must be brought in federal or state courts located in
the State of Florida, and you irrevocably consent to the jurisdiction
of such courts. You may not assign this Agreement, by operation or law
or otherwise, without our prior written consent. Subject to such restriction,
this Agreement will be binding upon, inure to the benefit of and be enforceable
against the parties and their respective successors and assigns. If any
provision herein is held to be invalid or unenforceable for any reason,
the remaining provisions will continue in full force without being impaired
or invalidated in any way. This Agreement constitutes the entire agreement
between the parties regarding its subject matter, supersedes any other
agreements or understandings between them, and may only be amended by
us as described above, or, as to any amendment initiated by you, in a
writing signed by us.
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