EZ Funds Mall is always free to shop at. To receive cashback you must sign up for your own Mall and at all times use only your Mall. All Store links found on EZ Funds Mall are the actual Stores safe and secure website and once on Stores site that Stores terms and conditions apply. You must never break the link from EZ Funds Mall by checking your e mail or drifting to google search or where ever in between your shopping or your cashback credit can be credited to your Email such as yahoo hotmail etc.. as well as any other sites. You and EZ Funds Mall loose cashback credit. . It is good practice to always print out receipt for your records and to prove if need be your sale. Remember the transaction must always start at your EZ Funds Mall to get credit. Many Stores on Mall will Automatically send you e mail offers, If you click to thier Store from your email Ez Funds is not involved so no cashback will be credited to you or EZ Funds.
Cashback - The Stores on EZ Funds pay us to bring customers to them. So EZ Funds passes it on to you. Every Store is different in their payment. They have a return policy and wait to disburse funds til end of return expiration in case sale item is returned. In some cases 90 days.
Up To - Refers to each Stores different policy on what amount they pay for a certain item. Some Stores may pay one amount for their Electronics then pay a totally different amount for Clothing at the same Store. So "up to" means just that 0 to specified amount.
$5 Dollar Sign up Bonus offer - You will receive your $5 sign up bonus on your first $20 cashback check. if you do not achieve $20 in cashback you will forfiet your bonus.
Wedding Tracker free Personalized Website Offer - Not to be used in conjunction with $5 sign up offer. Member will be reimbursed the total cost member paid for Wedding Tracker personal website on their first $50 cashback check. example $50 + $60 = $110 check for website or whatever member paid for site. Faxed or e mailed copy of receipt of members Wedding Tracker website for proof of purchase. Member must also have a link to their own EZ Funds Mall on said Wedding tracker Website. Failure to achieve $50 in cashback or no link to their EZ Funds Mall they will forfiet reimbersement of the cost of the Wedding Tracker Website.
INDIVIDUAL SAVINGS MALL AGREEMENT
In consideration of the foregoing and of the mutual promises contained in the Agreement, the parties agree as follows:
1. LICENSE GRANT. Subject to the terms and conditions set forth in the Agreement, EZ Funs hereby grants to EZ Funds Member (hereafter known as Member) the right to utilize the Ez Funds Mall for the purpose of saving money and earning Shopping cashback.
2. Members sole authority shall be to shop within their own EZ Funds Mall.
3. Term. Subject to the provisions for termination as hereafter provided, the term of this Agreement shall be indefinite.
4. Independent Contractors. The relationship of EZ Funds and Member is that of independent contractors, and nothing contained in these Terms and Conditions shall be construed to (i) constitute the parties as partners, joint venturers, co-owners or otherwise as participants in a joint undertaking, or (ii) allow Member to create or assume any obligation on behalf of EZ Funds for any purpose whatsoever. All financial and other obligations associated with Member's Mall are the sole responsibility of Member. EZ Funds will not make deductions from payments made to Member for taxes, all of which will be Member's responsibility. Member agrees to indemnify and hold EZ Funds harmless from any liability for, or assessment of, any such taxes imposed on EZ Funds by relevant taxing authorities. Member shall be solely responsible for, and shall indemnify and hold EZ Funds free and harmless from, any and all claims, damages or lawsuits (including EZ Funds attorneys' fees) arising out of the negligent acts or willful misconduct of Member, its employees or its agents.
5. Requirement. The only requirement to keep your Mall is that you purchase at least one thing every 120 days (4 Months) in your Mall. There is no mandatory amount but you do have to make at least one purchase each 120 days. This requirement begins at the end of your first full month with EZ Funds Mall.
Failure to meet this requirement will result in your EZ Funds Savings Mall being deactivated. Any Shopping cashback due to that date will be paid in accordance with Clause . To keep this from happening, all you have to do is commit to just one purchase every 120 days through your Mall.
6. REFERRAL PROGRAM Every one who goes or is invited to your actual Mall and signs up and shops at their own EZ Funds Mall will generate 10% commission on all of their cashback as long as you maintain your mall. Up to 5 tiers down.
7. Payment Method. All EZ Funds cashback and commissions are paid with the Checks. When you have accrued $20.00 in cashback or commissions you will receive your Check.
Your payment is dependent upon our being able to get payment to you. You are responsible for making sure we have a correct mailing address, phone # and email address. We will make every effort to pay your commissions. If a commission payment or payment email is returned, we will continue to attempt to make payment for 3 pay cycles. At that point, the income will be absorbed current featured Charity..
8. Involuntary Termination. Member can be terminated immediately, including the cancellation of their EZ Funds Mall, at the sole discretion of EZ Funds for false representation; abridgement of this Member agreement; Unethical behavior (including any connection to terrorism, hate crimes or pornography); or infringement of copyright, patent and trademark restrictions applicable to EZ Funds. In the case of termination, any Shopping cashback due to that date will be paid in accordance with Clause . This act will only be taken when there is no other resort to handle differences and conflicts.
9. Limitation on Liability. IN THE EVENT OF TERMINATION BY EITHER PARTY, IN ACCORDANCE WITH ANY OF THE PROVISIONS OF THIS AGREEMENT, NEITHER PARTY SHALL BE LIABLE TO THE OTHER, BECAUSE OF SUCH TERMINATION, FOR COMPENSATION, REIMBURSEMENT OR DAMAGES ON ACCOUNT OF THE LOSS OF PROSPECTIVE PROFITS OR ON ACCOUNT OF EXPENDITURES, INVESTMENTS, LEASES OR COMMITMENTS IN PARTICIPANT TERMS & CONDITIONS CONNECTION WITH THE BUSINESS OR GOODWILL OF EZ FUNDS OR MEMBER. EZ FUNDS SOLE LIABILITY UNDER THE TERMS OF THIS DOCUMENT SHALL BE FOR ANY UNPAID SHOPPING CASHBACK.
10. No Consequential Damages. EZ FUNDS WILL MAKE EVERY EFFORT TO ASSURE NON-INTERRUPTED SERVICE THROUGH OUR MALL SYSTEMS BUT IN NO EVENT SHALL EZ FUNDS BE LIABLE TO MEMBER FOR ANY COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, INTERRUPTION OF BUSINESS, LOST SHOPPING REBATES OR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OF ANY KIND UNDER ANY CAUSE OR ACTION (INCLUDING NEGLIGENCE), WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. EXCEPT AS SPECIFICALLY OTHERWISE PROVIDED IN THIS DOCUMENT, MPM'S TOTAL LIABILITY FOR DAMAGES IN CONNECTION WITH THE RELATIONSHIP, WHETHER IN AN ACTION IN CONTRACT OR TORT OR ANY OTHER FORM OF ACTION, SHALL BE FOR ANY UNPAID SHOPPING CASHBACK DUE MEMBER.
11. Indemnification. Member shall be solely responsible for, and shall indemnify and hold EZ Funds free and harmless from, any and all claims, damages or lawsuits (including EZ Funds attorneys' fees) arising out of the acts or omissions or misconduct of Member, its employees or its agents, including, without limitation, claims by third parties against EZ Funds as a result of Member's (i) representation of EZ Funds in a manner inconsistent with EZ Funds published Personal Shopping cashback System descriptions and warranties, (ii) use of EZ Funds inconsistent with the terms of the Agreements and the published terms, (iii) service or support of the Services; or (iv) failure of Member, its employees or agents to comply with any applicable local or regional law or regulation. The Member agrees to hold EZ Funds . harmless from any claim or claims resulting from the Member's activities whether on behalf of EZ Funds or not.
12. Miscellaneous.
(a) Successors and Assigns. The rights and obligations of the Member under the Agreements may not be transferred or assigned directly or indirectly, without the express written consent of EZ Funds Subject to the foregoing, terms and conditions of this the Agreements shall inure to the benefit of and be binding upon the respective successors and assigns of the parties. Nothing in the Agreements, express or implied, is intended to confer upon any party other than the parties hereto or their respective successors and assigns any rights, remedies, obligations, or liabilities under or by reason of this the Agreements, except as expressly provided in the Agreements. EZ Funds shall have the right to assign the Agreements without the consent of Member.
(b) Arbitration. Any controversy or claim arising out of or relating to the Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The parties waive all rights to trial by jury or to any court. All arbitration proceedings shall be held in the CityPhoenix Az. The parties shall be entitled to all discovery rights allowed under the Federal Rules of Civil Procedure. No other aspects of the Federal Rules of Civil Procedure shall be applicable to arbitration. There shall be one arbitrator, an attorney at law, who shall have expertise in business law. If arbitration is necessary to enforce or interpret the terms of the Agreements, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
The decision of the arbitrator shall be final and binding on the parties and may, if necessary, be reduced to a judgment in any court of competent jurisdiction. This agreement to arbitrate shall survive any termination or expiration of the Agreement.
(c) Notices. Any notice required or permitted by the Agreements shall be in writing and shall be deemed sufficient upon receipt, when delivered personally or by courier, overnight delivery service or confirmed facsimile or electronic mail transmission, or forty-eight (48) hours after being deposited in the regular mail as certified or registered mail (airmail if sent internationally) with postage prepaid, if such notice is addressed to the party to be notified at such party's address, facsimile number or electronic mail address as set forth below, or as subsequently modified by written notice.
(d) Severability. If one or more provisions of the Agreements are held to be unenforceable under applicable law, the parties agree to renegotiate such provision in good faith, in order to maintain the economic position enjoyed by each party as close as possible to that under the provision rendered unenforceable. In the event that the parties cannot reach a mutually agreeable and enforceable replacement for such provision, then (i) such provision shall be excluded from the Agreements, (ii) the balance of the Agreements shall be interpreted as if such provision were so excluded and (iii) the balance of the Agreements shall be enforceable in accordance with its terms.
(e) Entire Agreement. This Agreement is the product of both of the parties hereto, and constitutes the entire agreement between such parties pertaining to the subject matter hereof, and merges all prior negotiations and drafts of the parties with regard to the transactions contemplated herein. Any and all other written or oral agreements existing between the parties hereto regarding such transactions are expressly canceled.
(f) Advice of Legal Counsel. Each party acknowledges and represents that, in executing the Agreements, it has had the opportunity to seek advice as to its legal rights from legal counsel and that the person signing on its behalf has read and understood all of the terms and provisions of the Agreements. The Agreements shall not be construed against any party by reason of the drafting or preparation thereof.
13. Voluntary Cancellation of Member Agreement. Member may cancel their EZ Funds membership at any time. Any Shopping cashback due to that date will be paid in accordance with Clause below.
14. Voluntary or Involuntary Cancellation Final Payment.
Voluntary Cancellations: Final payment will be made upon Mall cancellation . Your final disbursement will be made by check. Involuntary Terminations: If a mall is involuntarily terminated it is because of a breach of contract as specified in Clause . Consequently any commissions due at the time of termination are forfeited. Upon termination, any incomes generated by the terminated Mall will be absorbed by Ez Funds Mall.
