Affiliate Marketing Service Provider Terms of Use

Overview:

 

Welcome to MoreLocalOffers! We are an Email Marketing Service Enhancement Service that provides our Affiliate Marketing Service Providers with access to the Cross-Pollinator® and More Local Offers Email Harvesting Web System via the Internet (MLO Service).

 

These Terms of Use govern your use of our service. As used in these Terms of Use, “MLO Service”, “Our Service” or “Service” means the service enhancement provided by More Local Offers® for capturing the visitors email address and contact information for your clients via the MLO Cross-Pollinator Services System, including all features and functionalities, website, and user interfaces, as well as all deal content and software associated with our service.

 

If you are a resident of the United States (including its possessions and territories), you agree to the Arbitration Agreement and class action waiver described in Section 14 to resolve any disputes with MLO (except for matters that may be taken to small claims court).

1.     Acceptance of Terms of Use

 

a.       These Terms of Use, which include our Privacy Policy (www.morelocaloffers.com/privacypolicy ), End User Agreement (www.morelocaloffers.com/enduseragreement ), About cookies and Internet Advertising (https://www.morelocaloffers.com/privacy#cookies ), and, to the extent you use the social features, our Social Terms (www.morelocaloffers.com/SocialTerms ), govern your use of the MLO Service. By using, visiting, or browsing the MLO Service, you accept and agree to these Terms of Use. If you do not agree to these Terms of Use, do not use the MLO Service.

 

b.       The MLO Service is provided by TNBD LLC, or one of its affiliated companies. The MLO company that is providing the service to you (Referred to as MLO in these Terms of Use) and with whom you are entering into this agreement, depends on the state from which you sign up for the MLO Service. Visit https://morelocaloffers/support2015 to see which entity is providing the MLO Service to you. Check back as the service provider may change from time to time.

 

2.       Changes to Terms of Use. MLO may, from time to time, change these Terms of Use, including the Privacy Policy, EULA, and Social Terms. Such revisions shall be effective immediately, provided however, for existing users, such revisions shall, unless otherwise stated, be effective 30 days after posting. We will endeavor to post prior versions of the Terms of Use, if any, for the preceding 12-month period. You can see these prior versions by visiting our website (www.morelocaloffers.com ).

 

3.       Privacy. Personally identifying information is subject to our Privacy Policy (www.morelocaloffers.com/PrivacyPolicy ), the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices.

 

4.       Communication Preferences. By using the MLO Service, you consent to receiving electronic communications from MLO relating to your account. These communications may involve sending emails to your email address provided during registration, or posting communications on the MLO Service, or in your “Provider Admin”, and will include notices about your account (e.g. payment authorizations, change in password or Payment Method, confirmation e-mails and other transactional information), and are part of your relationship with MLO. You agree that any notices, agreements, disclosures or other communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. You also consent to receiving certain other communications from us, such as newsletters about new MLO features and deal content, special offers, promotional announcements and customer surveys via email or other methods. If you no longer want to receive certain non-transactional communications, simply notify MLO via e-mail, telling MLO how you would like your MLO communications to be managed. Please review our Privacy Policy for further detail on our marketing communications.

 

5.     User Subscription, Billing and Cancellation

 

a.      User Subscription

 

                                                   i.      Ongoing User Subscription. Your MLO User Subscription, if paid monthly, will continue month-to-month for a period of twelve months unless and until you cancel your user subscription or we terminate it. Your MLO User Subscription, if paid annually, will run for a period of twelve consecutive months or unless and until you cancel your user subscription or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment (As such may be updated from time to time, (“Payment Method”) to use the MLO service). We will charge the monthly user subscription fee to your Payment Method. You must cancel your user subscription before it renews automatically each month, or prior to the annual user subscription renewal date, in order to avoid being automatically charged the next month’s, or annual renewal user subscription fees to your Payment Method.

 

                                                 ii.      Differing User Subscriptions. We may offer a number of user subscription plans, including special promotional plans or user subscriptions with differing conditions and limitations. Any materially different terms from those described in these Terms of Use will be disclosed at your user subscription sign-up or in other communications made available to you. You can find specific details regarding your user subscription with MLO by visiting our website and clicking on the “Provider Admin” link and logging into your account. Some promotional user subscriptions are offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend our offered user subscription plans.

 

b.     Billing

 

                                                   i.      Recurring Billing. By starting your MLO User Subscription and providing or designating a Payment Method, you authorize us to charge you either a monthly or annual user subscription fee at the then current rate (currently $500.00 per month or $5,000.00 annually), and any other charges you may incur in connection with your use of the MLO service to your Payment Method. You acknowledge that the amount billed each month, or annually, may vary from month to month for reasons that may include differing amounts due to promotional offers, including promotional code redemption, and/or changing the plan, and you authorize us to change your Payment Method for such varying amounts, which may be charged monthly in one or more charges, or annually.

 

                                                 ii.      Price Changes. We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, and price changes to your service will take effect following mail notice to you.

 

                                               iii.      Billing Cycle. The user subscription fee for our service will be charged at the beginning of the paying portion of your user subscription, and each month thereafter if on a monthly plan, and annually if on the annual plan, unless and until you cancel your user subscription. We automatically charge your Payment Method each month on the calendar day corresponding to the commencement of your paying user subscription, or on the annual renewal date corresponding to the commencement of your annual paying user subscription date. User subscription fees are fully earned upon payment. We reserve the right to change the timing of our billing/charge date, in particular, as indicated below, if your Payment Method has not successfully settled. In the event your user subscription began on a day not contained in a given month, we may charge your Payment Method on a day in the applicable month, or such other day as we deem appropriate. For example, if you started your MLO user subscription or became a paying Provider on January 31st, your next payment date is likely to be February 28th, and your Payment Method would be charged on that date if paying by the monthly plan. Your renewal date may change due to changes in your user subscription. Visit our website and click on the “Provider Admin” link on the “MLO” page to see the commencement date for your next renewal period. We may authorize your Payment Method in anticipation of user subscription or service-related charges. As used in these Terms of Use, “billing” shall indicate a charge, debt or other payment clearance, as applicable, against your Payment Method. Unless otherwise stated differently, month or monthly, year or yearly, refers to your billing cycle.

 

                                               iv.      No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellations, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, r other consideration to some or all of our members (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.

 

                                                 v.      Payment Methods. You may edit your Payment Method information by visiting our website and clicking on the “Provider Admin” link, available at the bottom of each page of the MLO website. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see “Cancellation” below), you remain responsible for any uncollected amounts and authorize us to continue charging the Payment Methods. The issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.

 

                                               vi.      Cancellation. You may cancel your MLO user subscription at any time, and you will continue to have access to the MLO service through the end of your monthly and or annual billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH USER SUBSCRIPTION PERIODS. To cancel, go to the “Provider Admin” page on our website and follow the instructions for cancellation. If you cancel your user subscription, your account will automatically close at the end of your current plans’ billing period. To see when your account will close, click “View Billing Details” on the “Provider Admin” details page. If you signed up for an MLO user subscription using your account with a third party as a Payment Method, and wish to cancel your MLO user subscription at any time, you may need to do so through such third party, including by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from, the MLO service through that third party. You may also find billing information about your MLO user subscription by visiting your account with the applicable third party.

 

6.     MLO Service

 

a.       You must be 18 years of age, or the age of majority in your province, territory or country, to become a member of the MLO service. Individuals under the age of 18, or applicable age of majority, may utilize the service only with the involvement of a parent or legal guardian, under such person’s account and otherwise subject to these Terms of Use.

 

b.       The MLO service, and any deals content viewed through our service, are for commercial use, and in particular to capture visitor contact information for the Provider Clients utilizing the MLO service. During your MLO user subscription period, we grant you a limited, non-exclusive, non-transferable, license to access the MLO service and view deals through the service via the MLO deals search engine website, and view all other functionality offered to you as a Provider to service his clients. Except for the foregoing limited license, no right, title or interest shall be transferred to you.

 

c.       You may view a merchant deal through the MLO service primarily within the state in which you have established your account and only in geographic locations where we offer our service and have licensed such Providers. The deal content that may be available for redemption, will vary by geographic location. MLO will use technologies to verify your geographic location.

 

d.       We continually update the MLO service, including the deals library. In addition, we continually test various aspects of our service, including our website, user interface, service levels, plans, promotional features, availability of deals, and pricing. We reserve the right to, and by using our service you agree that we may include you in, or exclude you from these tests without notice. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate our service.

 

e.       You agree to use the MLO service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. You agree not to archive, download (Other than through caching necessary for performing your services to your clients), reproduce, distribute, modify, display, perform, publish, license, create derivative work from, offer for sale, or use (except as explicitly authorized in these Terms of Use) content and deals information contained on or obtained from or through the MLO service without express written permission from MLO and its licensors. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the deals content protections in the MLO service; insert and code or product or manipulate the deals content of the MLO service in any way; or, use any data mining, data gathering or extraction method without express written permission from MLO and its licensors. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the MLO service, including any software viruses or any other computer code, files or programs, without express written permission from MLO and its licensors.

 

f.        The availability of deals will change from time to time, and from state to state. The quality of the deals may vary from merchant to merchant, and may be effected by a variety of factors, such as the location where merchants are not yet participating. Not all deals are available in all cities across the country. MLO makes no representations or warranties about the quality of the deals being offered by participating merchants.

 

g.       MLO deals are developed by the participating Providers for the MLO service, and are made available for the viewing public via the MLO service. BY USING OUR SERVICE, YOU ACKNOWLEDGE AND AGREE TO THE END USER LICENSE AGREEMENT (www.morelocaloffers.com/EULA ) AND TO RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING, UPDATED VERSIONS OF THE MLO SERVICE AND RELATED THIRD-PARTY SOFTWARE. IF YOU DO NOT ACCEPT THE FOREGOING TERMS, DO NOT USE OUR SERVICE. WE DO NOT TAKE RESPONSIBILITY OR OTHERWISE WARRANT THE PERFORMANCE OF THESE DEVICES, INCLUDING THE CONTINUING COMPATIBILITY OF THE DEVICE WITH OUR SERVICE. By using our service, you agree to look solely to the entity that manufactures, and/or enrolled you into the MLO service, for any issues related to the MLO service. We may terminate or restrict your use of our service, without compensation or notice if you are, or if we suspect that you are (i) in violation of any of the Terms of Use or (ii) engaged in illegal or improper use of the service.

 

7.     Passwords & Account Access

 

a.       The Provider who created the MLO account and whose Payment Method is charged is referred to here as the Account Owner. The Account Owner has access and control over the MLO Provider Account. The Account Owner’s control is exercised through use of the Account Owner’s user name and password, and therefore is to maintain exclusive control. The Account Owner should not reveal their user name or password to anyone. In addition, if the Account Owner wished to prohibit others from contacting MLO Customer Service and potentially altering the Account Owner’s control, the Account Owner should not reveal the Payment Method details (e.g. last four digits’ of their credit or debit card, or their email address if they use PayPal) associated with their account. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.

 

b.       In order to provide you with ease of access to your account and to help administer the MLO service, MLO implements technology that enables us to recognize you as the Account Owner and provide you with direct access to your account without requiring you to retype any password or other user identification when you revisit the MLO service, which includes accessing via the MLO website.

 

c.       You should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the MLO website and not through a hyperlink in an email or any other electronic communication, even if it looks official. MLO reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. MLO is not obliged to credit or discount a user subscription for holds placed on the account by either a representative of MLO or by the automated processes of MLO.

 

8.     Disclaimers of Warranties and Limitations on Liability

 

a.       THE MLO SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE MLO SERVICE, ARE PROVIDED ‘AS IS’ AND ‘AS AVAILAABLE’ WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. MLO DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE MLO SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. MLO SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, MLO INTERFACES, AND MLO SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE).

 

b.       TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL MLO, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCEIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.

 

c.       SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OF THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

 

d.       NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE SATUTORY RIGHTS THAT APPLY TO YOU. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

 

9.     Intellectual Property

 

a.       Copyright. The MLO service, including all deals content provided on the MLO service, is protected by copyright, trade secret or other intellectual property laws and treaties.

 

b.       Trademarks. MLO is a registered trademark of TNBD LLC.

 

c.       Patents. MLO has a patent pending that applies to our service. For information on MLO patent pending contact MLO directly.

 

d.       Claims of Copyright Infringement. Claims of Copyright Infringement. If you believe your work has been reproduced or distributed in a way that constitutes copyright infringement or are aware of any infringing material available through MLO service, please notify us by completing the Copyright Infringement Claims form found at MLO’s Provider Support page (www.morelocaloffers.com/ProviderSupport ).

 

10.Governing Law

 

a.       For all MLO members, these Terms of Use shall be governed by and construed in accordance with the laws of the state of Utah, U.S.A. without regard to conflict of laws’ provisions.

 

b.       You may also be entitled to certain consumer protection rights under the laws of your local jurisdiction.

 

11.   Applications. You may encounter third-party applications (including, without limitation, websites, widgets, software, or other software utilities) (“Application(s)”) that interact with the MLO service. These Applications may import data related to your MLO account and activity and otherwise gather data from you. These Applications are provided solely as a convenience to you, and MLO is not responsible for such Applications. SUCH APPLICATIONS ARE OWNED OR OPERATED BY THIRD-PARTIES THAT ARE NOT RELATED TO WITH OR SPONSORED BY MLO AND MAY NOT BE AUTHORIZED FOR USE WITH OUR SERVICE IN ALL STATES, USE OF AN APPLICATION IS AT YOUR OWN OPTION AND RISK.

 

12.   Use of Information Submitted. MLO service is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (“Feedback”), user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the MLO service. In addition, you agree not to enforce and “moral rights” in and to the Feedback, to the extent permitted by applicable law. Please note MLO service does not accept unsolicited materials or ideas, and is not responsible for the similarity of any of its deals content in any media to materials or ideas transmitted to MLO service. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against MLO service and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.

 

13.   Customer Support. To find more information about our service and its features, or if you need assistance with your account, please visit contact MLO via its website (www.morelocaloffers.com/ProviderAdmin ). In certain instances, Customer Service may best be able to assist you by using a remote access support tool through which we have full access to your computer. If you do not want us to have this access, you should not consent to support through the remote access tool, and we will assist you through other means. In the event of any conflict between these Terms of Use and information provided by Customer Support or other portions of our website, these Terms of Use will control.

 

14.Arbitration Agreement

 

a.       If you are a MLO user subscriber in the United States (including its possessions and territories), you and MLO agree that any dispute, claim or controversy arising out of or relating in any way to the MLO service, these Terms of Service and this Arbitration Agreement, shall be determined by binding arbitration or in small claims court. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and MLO are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your MLO membership.

 

b.       If you elect to seek arbitration or file a small claim court action, you must first send to MLO, by certified mail, a written Notice of your claim (“Notice”). The Notice to MLO must be addressed to: General Counsel, MLO LLC, 1621 Pages Place, Bountiful, Utah 84010 (“Notice Address”). If MLO initiates arbitration, it will send a written Notice to the email address used for your user subscription Provider account. A Notice, whether sent by you or by MLO, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If MLO and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or MLO may commence an arbitration proceeding or file a claim in small claims court.

 

c.       You may download or copy a form Notice and a form to initiate arbitration at www.adr.com. If you are required to pay a filing fee, after MLO receives notice at the MLO Address that you have commenced arbitration, MLO will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than US $5,000.00, in which event you will be responsible for filing fees.

 

d.       The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org , by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless MLO and you agree otherwise, any arbitration hearings will take place in Davis County, Utah.

 

e.       If your claim is for US $5,000.00 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US $5,000.00, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of MLO’s last written settlement offer made before an arbitrator was selected (or if MLO did not make a settlement offer before an arbitrator was selected), then MLO will pay you the amount of the award or US $1,000.00, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.

 

f.        YOU AND MLO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and MLO agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim’s.

 

15.   Survival. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, illegality and enforceability of the remaining provision shall remain in full force and effect.

Last update: October 27, 2015