Acceptance of Terms
You accept these Terms when you enroll an Eligible Payment Card in a Card Linked Offer Service. Enrollment in a Card Linked Offer Service is limited to individuals who are 18 years of age or older. We may add to, change, or remove any part of these Terms from time to time. If we change any material Terms that would have a material adverse effect on your rights as they are presented to you in these Terms, we will make reasonable efforts to notify you via email, online, or through other reasonable electronic means. Your continued participation in a Card Linked Offer Service, including receiving benefits and rewards when you make a qualifying transaction at participating merchants, constitutes your acceptance of any changes to these Terms. Subject to these Terms, we grant you a limited, non-exclusive, and revocable license to access and use our Card Linked Offer Service.
Enrollment and Removal of Linked Cards
To receive benefits and rewards through a Card Linked Offer Service, you must enroll a valid, eligible payment card with the Card Linked Offer Service (an “Eligible Payment Card” and, once registered a “Linked Card”). You must be the cardholder on the account or an authorized user of the Linked Card to claim or redeem a Card-linked Offer. If a Linked Card is no longer valid or is lost or stolen, or if you receive a replacement card with a different account number or expiration date, you must log into your customer account and add or update the Linked Card details on file in order to receive rewards in connection with any Card-linked Offers.
You may remove your Linked Cards from our Card Linked Offer Service at any time by visiting the “Linked Cards” or similar page of our website where you first enrolled your Linked Cards in our Card Linked Offer Service. When you do so, we will no longer receive future Transaction Data associated with your Linked Card, but we will retain historical Transaction Data to track rewards and benefits due under each Card Linked Offer Service and for account management and customer service purposes. Transaction Data include, but are not limited to, merchant name, merchant location or other store identifier, transaction date, transaction amount, and the last 4 digits of your Linked Card.
How It Works
We use transaction matching technology provided by Empyr, Inc. (“Empyr”) and any other providers we may add from time to time in the future (all of our “CLO Providers”) to provide our Card Linked Offer Service. By enrolling and linking an Eligible Payment Card in our Card Linked Offer Service, you agree that your payment card network (e.g., MasterCard, American Express, Visa) may monitor transactions on your Linked Card at participating merchants, and that we and our CLO Providers may receive, store and use Transaction Data for the purposes of determining whether you have made a qualifying purchase, providing you targeted offers, and other business purposes. If you are enrolled in both Prodege’s Card Linked Offer Service and any other CLO Provider affiliated program with the same Linked Card(s), and if you link to an offer common to both programs (i.e. Prodege’s and the third party’s program), you will only receive one award; the award will come from the last program you linked to.
Card and Transaction Eligibility
Each Card Linked Offer Service is limited to Linked Card transactions that are processed through the payment card networks. If a Linked Card transaction is processed outside one of the payment card networks with which we are integrated, we will not receive the Transaction Data and we will not be able to match it with an offer. Payment cards that are not eligible for use with our Card Linked Offer Service include, without limitation, corporate and purchasing cards, Health Savings Account (HSA) cards, Flexible Spending Account (FSA) cards, government-administered prepaid cards (including EBT cards), insurance prepaid cards, and Visa Buxx.
Not all merchant locations or transactions with your Linked Card may be eligible for benefits and rewards, including PIN-based purchases, payments made through third-party digital wallets or payment apps other than Apple Pay®, and other transactions not processed through the payment card network’s own system. Do not use a Personal Identification Number (PIN) when paying for your purchases with your Linked Card if you want the transaction to qualify for rewards or benefits under our Card Linked Offer Service.
Types of Card–Linked Offers and Calculation of Rewards
Card-linked Offers take various forms as described in our Card Linked Offer Service, which may change from time to time. Some offers require you to “claim” a specific merchant offer (which action may be referred to, alternatively, as “unlock”, “activate”, “get”, “access”, “add to card” or other similar term), and in some cases, you may be enrolled in offers that are valid across multiple merchants without needing to claim an offer at each individual merchant. We or any of our CLO Providers (as applicable) may, in its sole discretion, extend the redemption period for certain Card-linked Offers or automatically re-claim Card-linked Offers on your behalf on a rolling basis.
Data Sharing and Usage
In order to operate our Card Linked Offer Service, we and our CLO Providers, card issuers, payment card networks or platforms, and third parties authorized by any of the foregoing, may share and use Linked Card and Transaction Data in order to:
- Collect, store and provide information about your Linked Card to payment card networks so they may monitor transactions on your Linked Card at participating merchants.
- Receive and store Transaction Data from payment card networks for Linked Cards at participating merchants in order to determine qualifying transactions and provide you with benefits and rewards. Such data may also be used to target offers, surveys, or other earning opportunities that may be of interest to you in the future.
- Analyze Transaction Data to create performance reports. These analyses may also be used to support general marketing to encourage consumers to enroll in a Card Linked Offer Service.
- Collect, store and provide Transaction Data to participating merchants or their agents in order to validate qualifying transactions and assess the results of specific campaigns.
- Respond to legal, regulatory and audit requests and resolve disputes and defend claims concerning any Card-linked Offer or the operation of our Card Linked Offer Service.
Information Disclosed for Our Protection and the Protection of Others
We and our CLO Providers may cooperate with government and law enforcement officials and private parties to enforce and comply with the law. We and our CLO Providers may disclose any information about you and your participation in our Card Linked Offer Service to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of ourselves or our CLO Providers or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, unauthorized, abusive, illegal, unethical or legally actionable activity.
Disclaimers and Limitations on Liability
Our Card Linked Offer Service is being provided to you “as is” with no warranty. To the maximum extent permitted by applicable law, we and our CLO Providers disclaim all representations and warranties, express or implied, with respect to our Card Linked Offer Service or any aspect or feature thereof.
You agree that, to the fullest extent allowed by applicable law, neither we nor our CLO Providers, and our respective affiliates, licensors and suppliers (including the payment card networks) are responsible or liable for the availability, accuracy, content, reliability or advertising of the merchandise or services of participating merchants, and you hereby waive and release us and our CLO Providers, the payment card networks, and our and their respective parents, subsidiaries, affiliates, partners, officers, directors, employees and agents from any and all injuries, illnesses, damages, claims, liabilities and costs arising from or related to any act or omission of a merchant in connection with your use or redemption of a Card-linked Offer or the goods, services or experiences a merchant provides in connection with a Card-linked Offer.
To the extent allowed by applicable law, our total liability to you for any damages related to your use of our Card Linked Offer Service, regardless of reason, will in no event exceed US$50.
Service Modification or Termination
We and our CLO Partners reserve the right, at any time, to modify, suspend, or discontinue offering any aspect or feature of our Card Linked Offer Service or any Card-linked Offer in our sole discretion, with or without notice. If you are dissatisfied with any aspect of our Card Linked Offer Service at any time, your sole and exclusive remedy is to cease using the Card Linked Offer Service. You agree that neither we nor our CLO Providers will be liable to you or to any third party for any modification, suspension, or termination of any aspect or feature of our Card Linked Offer Service.
Any failure to comply with these Terms, any fraud or abuse (including use of any script or disguised redirect) relating to a Card-linked Offer or the accrual or receipt of associated benefits and rewards, use of any script or disguised redirect) or any misrepresentation of any information furnished to us or our CLO Providers by you or anyone acting on your behalf may result in the termination of your enrollment in our Card Linked Offer Service and forfeiture of your benefits and rewards.
You agree that we may communicate with you by means of electronic communications regarding these Terms, our Card Linked Offer Service, Linked Card information, and any other matter relating to your use of our Card Linked Offer Service.