Pesapak Inc. (“Pesapak” or “we”) offer the Pesapak Cash Back Shopping Program (“Program”) to allow members to earn Cash Back on purchases completed through the websites, applications, and other related properties (collectively, the “Pesapak”) subject to these terms and conditions (“Agreement”). This Agreement constitutes a legally binding agreement between each individual who enrolls in the Program or otherwise uses any one of the Pesapak Properties (“Member” or “you”).
By enrolling in the Program or using any Pesapak service, you acknowledge that you have read and understood this Agreement and agree to be bound by all of its terms, including the arbitration clause and class action waiver described in Section 20 below to resolve any disputes with Pesapak (except for matters that may be taken to small-claims court).
Pesapak may modify this Agreement from time to time, with or without notice, and your continued use of the Pesapak Property after such modification shall be deemed to be your acceptance of any such modification. If you do not agree to any modification of this Agreement, you must immediately cease use of the Pesapak Properties.
- Pesapak Cash Back Shopping Program
Pesapak receives compensation for referring buyers to the retailers, brands, merchants, and other partners participating in the Program (“Affiliate Stores”). Pesapak gives a portion of this fee to its Members as Cash Back. Compensation received by Pesapak may play a part in whether retailers and products appear on our site, where they are placed, and how we promote them to you. Participation in the Program and the opportunity to earn Cash Back are offered at the sole discretion of Pesapak and subject to your compliance with this Agreement.
- Becoming a Member
- Program License
Subject to this Agreement, we hereby grant you a non-exclusive, non-transferable license (without the right to sublicense) to access and use the Pesapak Properties for your personal use to access the Program. You agree that you obtain no rights other than the rights and licenses expressly granted in this Agreement. Pesapak reserves the right to change, upgrade, or discontinue the Program and any Pesapak Property or any feature of the Program or the Pesapak Properties, at any time, with or without notice. All rights not expressly granted under this Agreement are reserved by Pesapak or its licensors.
- Program Restrictions
You agree that you will not, and will not permit others to: (i) damage, interfere with or unreasonably overload the Pesapak Properties; (ii) introduce into the Pesapak Properties any code intended to disrupt the Program; (iii) alter or delete any information, data, text, links, images, software, chat, communications and other content available through the Pesapak Properties (collectively, “Content”); (iv) access the Program or the Pesapak Properties by expert system, electronic agent, “bot” or other automated means; (v) use scripts or disguised redirects to derive financial benefit from Pesapak; (vi) modify, reverse engineer, reverse assemble, decompile, copy or otherwise derive the source code of any Pesapak Property for any reason; (vii) rent, sell or sublicense any of the Pesapak Properties; (viii) provide any unauthorized third party with access to the Program; (ix) access confidential Content through the Pesapak Properties; (x) interfere with the operation of the Program, including, but not limited to, distribution of unsolicited advertising or mail messages and propagation of computer worms and viruses; (xi) post any material in any form whatsoever on the Pesapak Properties or within the Program that is defamatory, obscene or otherwise unlawful or violates any third party’s right of privacy or publicity; (xii) infringe any third party’s patent, copyright, service mark, trademark or other intellectual property right of any kind or misappropriate the trade secrets of any third party in connection with your use of the Program or the Pesapak Properties; (xiii) engage in any activity that does not comply applicable law and regulations or otherwise engage in any illegal, manipulative or misleading activity through the use of the Program.
- Earning Cash Back
5.2. In-Store: Pesapak may also offer you the opportunity to earn Cash Back on purchases made in store (“In-Store Cash Back”) at certain physical Affiliate Store locations by linking your payment card to an “in-store” offer (“Card Linked Offer”) and subsequently using such payment card to complete the purchase transaction in accordance with the terms of the Card Linked Offer. The terms of the Pesapak In-Store Cash Back Terms & Conditions and the terms accompanying each Card Linked Offer will govern how In-Store Cash Back is earned and paid to the extent they vary from this Agreement.
5.3. Check Out: Pesapak may offer a shopping cart feature through the Pesapak Services (“Check Out”) to allow you to add products from participating Affiliate Stores and use saved Account information (such as your shipping address and/or payment card number) to complete your purchase. Pesapak is not the merchant of record for any product purchases made through Check Out and does not have any liability with respect to any products you purchase through Check Out. While Pesapak may estimate shipping cost for you during the CheckOut process, this is only an estimate, and the actual shipping costs and applicable sales tax (if any) shall be set forth on the purchase confirmation delivered by the Affiliate Store to you. Pesapak may send you an order confirmation to confirm that your order has been placed with the Affiliate Store through Check Out, but this is not a receipt. Your official purchase confirmation and receipt will come from the Affiliate Store. All product purchases made through Check Out are subject to the Affiliate Store policies, including, without limitation, applicable shipping, privacy, and return policies, which may not be available for review on the Pesapak Properties during the CheckOut process. Please review them on the respective Affiliate Store’s website prior to making your purchase.
5.6. Pesapak Browser Extension: Pesapak may make available a browser extension to enhance your shopping experience (“Pesapak Browser Extension”). Your use of Pesapak Browser Extension is subject to the Pesapak Browser Extension Terms: https://www.Pesapak.com/button.htm and will govern to the extent they vary from this Agreement.
- Cash Back Exclusions
Cash Back is earned on your net purchase amount, which excludes taxes, fees, shipping, gift-wrapping, discounts or credits, returns or cancellations, and extended warranties. Purchases of gift cards do not qualify for Cash Back. Cash Back amounts vary by store and product category and may contain exclusions in the terms of the offer and/or the applicable store page. Please review these terms carefully.
- Affiliate Store Policies
A product purchased from any Affiliate Store through the Program, whether online or in store, is governed by and subject to the applicable Affiliate Store’s policies, including applicable exchange and shipping policies. You agree that we are not agents of any Affiliate Store and that the Affiliate Stores operate independently and are not under our control with respect to the Program or otherwise. Accordingly, your participation in offers or promotions of, or correspondence with, any Affiliate Store is solely between you and that Affiliate Store. We do not assume any liability, obligation or responsibility for any part of such correspondence, offer or promotion, including, without limitation, the withdrawal or modification of any such offer or promotion. Pesapak is not responsible for changes to, or discontinuance of, any Affiliate Store, or for any Affiliate Store withdrawal from the Program, or for any effect on accrual of Cash Back caused by such changes, discontinuance, or withdrawal.
- Bonuses & Other Rewards
Pesapak periodically offers bonuses or rewards for referring new Members to the Program or for other specific actions. The terms and conditions accompanying such offers will govern how they are earned and paid if the terms and conditions differ from this Agreement. You may not include your referral link or distribute your referral link on any website or platform that does not belong to you, such as social media pages belonging to merchants or forum pages belonging to third parties. You are prohibited from bidding on keywords containing “Pesapak” or other similar words or marks for the purpose of driving traffic to your pages. You shall not send any paid traffic directly to your referral link.
- Receiving Payment
9.1. Requirements: As a condition of payment of accrued Cash Back or other rewards, you must establish and maintain an Active Account (defined below) with the information necessary to process your payment: a valid email address at which you are able to receive email, a valid postal address, your first and last name, and a password to protect your Account. If you elect to receive payment via PayPal, you must provide us a valid PayPal email address. You must not use a PayPal account associated with another Pesapak Account. A single PayPal email address cannot be connected to multiple Pesapak Accounts. Also as a condition of payment, you must not be a resident of a country subject to economic or trade sanctions by the U.S. State Department or U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”) or be listed as a “Specially Designated National,” a “Specially Designated Global Terrorist,” a “Blocked Person,” or similar designation under the OFAC sanctions regime. You further agree to provide additional information we may reasonably request to verify your identity as a condition for receiving payment. The minimum payment amount is $5.01. Balances below $5.01 remain in your account for potential payment during the next payment period.
9.2. Payments: Pesapak pays members in U.S. dollars via check, PayPal, or other payment options as Pesapak may make available from time to time. Members may select or change their payment options in the account settings through the Pesapak Properties. Pesapak typically pays its Members accrued Cash Back and other rewards every three (3) months in accordance with the current payment schedule. Please note that accrual rates vary depending on the Affiliate Store’s policies and reporting schedules. For example, Cash Back for travel-related purchases typically does not accrue until after travel has been completed. Pesapak reserves the right to delay payment for any purchase based on changes to Affiliate Store policies at any time. Pesapak also reserves the right to modify the payment schedule at any time. Pesapak is not responsible for payments delivered to the wrong address through no fault of Pesapak or for payment errors made by payment partners like PayPal. If your check expires without being cashed or deposited, or if it is returned uncashed to Pesapak, the payment amount will be returned to your Account, where it may be subject to inactive account maintenance charges described in Section 10.2 below unless you take the proper steps to restore your Account to Active status.
9.3. Gift Cards: Periodically, Pesapak may offer gift cards in connection with a promotion or as a redemption option for your Cash Back. Gift cards are subject to the terms and conditions of the gift card issuer and the applicable Affiliate Store policies. Pesapak is not responsible for lost or stolen payments, including gift cards.
9.4. Account Adjustments: In our sole discretion, we may deduct Cash Back from your account in order to make adjustments for returns and cancellations with respect to Qualifying Purchases. Any such adjustments, however, will be made in accordance with this Agreement, any applicable Pesapak policies and terms, the terms of any Affiliate Store offers, and any and all applicable laws, rules, and regulations. The determination of whether a purchase made through an Pesapak Affiliate Store qualifies for Cash Back is at the sole discretion of Pesapak. If an Affiliate Store fails to report a transaction to Pesapak or fails to make payment to Pesapak for any reason, Pesapak reserves the right to cancel the Cash Back associated with that transaction. It is your responsibility to check your Account regularly to ensure that Cash Back has been properly credited and paid and that your Account balance is accurate. If you believe that Cash Back has not been correctly credited to your account, you must contact Pesapak Customer Service within ninety (90) days of the transaction. Should you disagree with any adjustments made to your account or payments made to you, your sole remedy is to withdraw from the Program.
9.5. Taxes: You may be taxed on your receipt of bonuses and other considerations (merchandise, travel, etc.) for member referrals or other promotional activities (such as prizes from a sweepstakes) depending on the tax laws of federal, state, and local jurisdictions. You will be solely responsible for any and all tax liability arising out of the consideration received in connection with any member referrals or promotional activities.
- Updating & Maintaining Your Account
10.1. Updating Your Account: You agree to keep your Account information current, complete, and accurate by periodically updating the information through the Pesapak Properties. You must be logged into Pesapak and enter your password to change your Account information and payment preferences. You may check your Account status and recent earning history at any time via the Pesapak Properties. You will maintain the confidentiality of your Account information, including username and password by which you access the Program. Any use of your username and password will be deemed to be your use, and Pesapak is entitled to act on instructions received under your password and is not responsible for any credits or debits made to your account by someone else who uses your password. If there is a breach of security through your Account, you will immediately change your password and notify us of such breach. You agree that, unless you have first notified us immediately of any such breach, we should assume that any instruction transmitted using your username and password is yours and has been authorized by you, and we will have no obligation to inquire into the propriety of such instruction.
10.2. Maintaining Your Active Account: An Active Account means you must engage in one of the following activities within the past twelve (12) months: (i) updated your Account information, (ii) have shopped or started a shopping trip via the Pesapak Properties, (iii) linked a payment card to an in-store offer, (iv) have accrued Cash Back, or (v) have logged into your Account. If your account is inactive for more than twelve (12) consecutive months, Pesapak reserves the right to debit your Pesapak account balance two dollars ($2.00) per month to recover the cost of account maintenance until you reactivate your account by engaging in one of the activities set forth above in subsections (i) to (v) or until your account balance is zero. If the balance in your inactive account is or becomes zero, Pesapak will close the account permanently and cease to maintain your account records and Program access. The inactive account maintenance charge will not cause your account balance to become negative and will not cause you to owe money to Pesapak.
10.3. Fraudulent Activity: We reserve the right to investigate any purchase transactions, referral activity, or interaction with any Pesapak Property that we believe, in our sole discretion, is abusing or has abused the Program. We reserve the right to rescind any Cash Back, bar further Cash Back awards and/or bonuses to, and/or terminate the Program membership of, any Member that we believe, in our sole discretion, is abusing or has abused the Program, including, without limitation, by engaging in a pattern of returning products after the corresponding Cash Back has been credited or making fraudulent referrals by creating multiple Accounts. Any failure to comply with this Agreement, any fraud or abuse relating to the accrual or receipt of Cash Back or other rewards and bonuses, or any misrepresentation of any information furnished to Pesapak by you or anyone acting on your behalf may result in the termination of your membership in the Program and forfeiture of your accrued Cash Back rewards. If Pesapak has any reason to suspect fraudulent activity is associated with your Account, Pesapak reserves the right to delay or withhold payment of Cash Back. Any suspected or actual cases of fraud activity will be escalated and reviewed in accordance with our fraud policy.
- Receiving Communications
- Pesapak Applications
Pesapak may make available software applications (“Pesapak Applications”) to assist Members in earning Cash Back without visiting Pesapak.com, including the Pesapak Browser Extension and Pesapak Mobile Application. For purposes of this Agreement, references to Pesapak Services shall include Pesapak Applications. Pesapak Applications and their underlying information and technology may not be exported or re-exported into any country to which the U.S. has embargoed goods or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. You represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list, and that you will otherwise comply with all applicable export control laws. If you are a U.S. government end user, we are licensing the Pesapak Application to you as a “Commercial Item” as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the Pesapak Applications are the same as the rights we grant to all others under this Agreement.
- Third-Party Platforms
When you access or use the Pesapak Services, we may make available services from one or more third parties (“Third-Party Platforms”).
13.2. Google Connect: Google Connect is a feature that allows you to create your Pesapak Account or to sign into the Services with your Google email account. By using Google Connect, your Google email account will automatically be linked to your Pesapak Account. You may disconnect your Google account at any time in the Account Settings of your Pesapak Account or by removing the authorization through your Google account. A connection between your Google account and your Pesapak Account is not required for you to be a member of Pesapak and to earn Cash Back. Connecting your Google email account will permit us to access your Google email account content (“Account Content”). Pesapak will not delete or modify your Account Content. We use your Account Content to confirm your Cash Back faster and more reliably, personalize your experience with our Services, and improve our Services, generally.
- Community Standards
By participating in the Program, you are becoming a Member of a community that depends on the goodwill and responsible behavior of each of our Members. Members are required to refrain from transmission or communication of images or text constituting ethnic slurs, obscenities, sexually explicit material, inflammatory or derogatory comments, or anything else that may be construed as harassing or offensive, which is targeted at the Program, the Pesapak Services, our employees, contractors or agents, our Affiliate Stores, or other Members. This includes communications by means of social media or other Internet posts which violate the above community standards or promote or encourage gaming or fraudulent behavior. Members who violate this provision, as determined by us in our sole discretion, may have their access to the Program suspended or terminated without prior notice.
All right, title, and interest in the Program, the Pesapak Services, and the Content belong to Pesapak or its licensors. Additionally, Pesapak shall maintain all right, title, and interest in “Pesapak,” the Pesapak logo, and any other marks, service marks, trademarks, or logos of Pesapak (“Pesapak Marks”) that are registered in the U.S. and other countries. The Pesapak Marks may not be used in connection with any product or service that is not Pesapak in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Pesapak. You shall not by any means bid on any keywords with any search engine containing “Pesapak” or anything substantially similar to “Pesapak” or any other Pesapak Mark including, without limitation Pesapak.com, Pesapak, www.Pesapak.com, and Pesapak. You shall not mention or use Pesapak in any ad text, extensions or banner ads without the express written consent of Pesapak. All other trademarks not owned by Pesapak that are used in the Program are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Pesapak.
You agree to indemnify Pesapak, any Affiliate Store, as well as their respective officers, directors, employees, successors, agents, and affiliates, for any and all claims, damages, losses and causes of action (including attorneys’ fees and court costs) arising out of or relating to your breach of this Agreement or for any materials in any form whatsoever that are provided by you (or through your username and/or password). You agree to cooperate as fully as reasonably required in our defense and/or settlement of any claim. We reserve the right, in our reasonable discretion, to assume exclusive control over the defense and settlement of any matter subject to indemnification by you.
- Warranty Disclaimer
THE PROGRAM, CONTENT, AND THE Pesapak SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE MAKE NO WARRANTY AS TO THE QUALITY, ACCURACY, CURRENTNESS, COMPLETENESS, RELIABILITY OR VALIDITY OF THE PROGRAM, CONTENT, OR THE Pesapak SERVICES, INCLUDING, WITHOUT LIMITATION, ANY PRODUCT SEARCH RESULTS, PRODUCT DESCRIPTIONS, PRODUCT AVAILABILITY, PRICING INFORMATION ADVICE, OPINION, STATEMENT, RECOMMENDATIONS, OR OTHER INFORMATION DISPLAYED, UPLOADED, OR DISTRIBUTED IN CONNECTION WITH THE PROGRAM. Pesapak DOES NOT WARRANT THAT THE FUNCTIONALITY OF THE Pesapak SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THEY WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FURTHER, Pesapak 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 ITS AFFILIATE STORES IN CONJUNCTION WITH THE PROGRAM.
- Limitation on Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Pesapak BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR OTHER INDIRECT DAMAGES OR FOR ANY LOSS PROFITS, LOSS DATA OR LOSS OF USE DAMAGES, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Pesapak’ MAXIMUM AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT WILL NOT EXCEED FIFTY U.S. DOLLARS ($50).
- Termination or Suspension
This Agreement is effective when accepted by you and will remain in effect until you or we terminate your membership in the Program. We may terminate this Agreement and your use of or access to the Program at any time, for any reason or no reason. Any violation of this Agreement or the rules and conditions of the Program may result in cancellation of your membership to the Program, your Account and/or forfeiture of pending or prior Cash Back. We may, in our sole discretion, at any time and without prior notice, discontinue, cancel, suspend, change or limit access to all or any part of the Program or any functionality, feature or other component of any Pesapak Property. You agree that Pesapak will not be liable to you or to any third party for any modification, suspension, or termination of the Program or your access to any of the Pesapak Services. If you are dissatisfied with any aspect of the Program at any time, your sole and exclusive remedy is to cease participating in the Program. Upon any termination of the Program, your right to use and access the Program, and the Pesapak Services, and to receive Cash Back, will terminate. Termination will not prejudice either your or our remedies at law or in equity.
- Governing Law & Arbitration
The validity, construction, and interpretation of this Agreement, and the rights and duties of the parties hereto, will be governed by and construed in accordance with the laws of the State of California in the United States, excluding its conflicts of laws principles. However, as explained below, the agreement to arbitrate in the following paragraph is governed by United States federal law.
You agree that any dispute, claim or controversy arising out of or in connection with Pesapak’ business or this Agreement or relating in any way to the Program or the Pesapak Services shall be determined by binding arbitration. You further agree that the U.S. Federal Arbitration Act and federal arbitration law shall govern the interpretation and enforcement of this agreement to arbitrate.
Arbitration uses a neutral arbitrator instead of a judge or jury, and is more informal than a lawsuit in state or federal court. Discovery in arbitration is more limited than is generally available in the courts and the arbitrator’s decision is also subject to very limited appellate review by the courts.
You also agree to waive the right to a trial by jury or to participate in a class action. These waivers are mutual as between you and Pesapak, and Pesapak waives its right to a trial by jury or to participate in a class action against you. This means that neither you nor Pesapak can seek to assert class or representative claims against each other either in court or in arbitration and no relief can be awarded on a class or representative basis. The arbitrator also may not consolidate or join another person’s claim with your claim or issue an order that would achieve the same result. You and Pesapak further agree that if the provisions of this paragraph are found to be unenforceable, then the entire provision compelling arbitration shall be null and void.
You also agree that all issues are for the arbitrator to decide. This includes all issues related to the scope, application, interpretation and enforceability of this Agreement and this arbitration provision. The arbitrator shall also decide whether any claim is subject to arbitration.
The arbitration will be governed by the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at www.adr.com. The arbitrator is bound by the terms of this Agreement. If your claim in arbitration is for less than $10,000, Pesapak will reimburse you for filing and arbitrator fees at the conclusion of the proceeding unless your claim is found to be frivolous by the arbitrator.
In lieu of arbitration, you may also elect to have your claims decided in small-claims court, so long as the small-claims court does not permit class, representative, or consolidated actions, or the award of relief in favor of any person or entity that is not a named party to the small-claims action.
You may not assign your rights and obligations under this Agreement, in whole or in part, without our prior written consent, and any such assignment without such consent will be null and void.
Headings under this Agreement intended only for convenience and shall not affect the interpretation of this Agreement.
- No Waiver; Severability
Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. If any provision of this Agreement is held to be invalid, such invalidity shall not affect the remaining provisions.
- Entire Agreement
This Agreement represents the entire agreement of the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or representations, written or oral (including without limitation, earlier versions of this Agreement that may have been accepted by you). We reserve the right to modify this Agreement at any time. Your non-termination and continued participation in the Program or use of any Pesapak Property after modification of this Agreement will constitute affirmative acceptance by you of such modification and your consent to abide by any terms thereof.