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Toshop - Terms and Condition
ToShop.Net is a free service that utilizes commission-based affiliate marketing from our merchant partners ("Affiliate Merchants"). Our "Members" (You) share in these commissions via "ToShop Cash Back" from merchant partners and maybe MUCH MORE.
To ensure that you, as a ToShop.Net Member, fully understand what you will be paid for, when you will be paid, what rights you have as a Member and what our responsibilities are to you, we have prepared the "Terms and Conditions". By becoming a member of the ToShop.Net, you agree that you have read, understood, and agreed with the following Terms and Conditions, and consent to be bound by all said Terms and Conditions, including any future amendments or updates.

Program Overview
The "Program" is defined as the ToShop.Net ToShop Cash Back program that allows registered members of ToShop.Net to shop with our Affiliate Merchants and earn ToShop Cash Back as a rewards system. The Program is offered for free and is conferred as a benefit of membership of ToShop.Net. You are under no obligation to participate or redeem your ToShop Cash Back.
ToShop.Net offers ToShop Cash Back by working with online retailers utilizing affiliate marketing. As a ToShop.Net Member, you will be automatically credited, subject to the agreement terms listed below, a specified amount of ToShop Cash Back of the net purchases or a specified flat amount for purchases or offers made by you through the ToShop.Net at Affiliate Merchants chosen by ToShop.Net. In addition, you may receive ToShop Cash Back for participating in such other activities as may be designated by ToShop.Net from time to time by amendment to this Agreement setting forth the specific terms.
ToShop Cash Back that are earned by you as a result of a purchase from Affiliate Merchants will be held in an account maintained by ToShop.Net that is accessible online. ToShop Cash Back can be requested as payment via check or Paypal once the amount in your "Available Rebates" account equals or exceeds $10.00 US Dollars . You, as the Member, must request payment through the appropriate mechanism on the ToShop.Net web site.
ToShop.Net is not responsible for the products or services offered by the Affiliate Merchants. ToShop.Net is responsible only for establishing and maintaining your account based upon the information you provide, posting the purchase information provided by the Affiliate Merchants and compensating valid members who request payment of ToShop Cash Back.

Eligibility
Participation in the Program is limited to individuals that are 18 years or older. The program is open to US and Canadian residents for both check and Paypal rebate payments. The program is open to international residents but Paypal is the only payment option for ToShop Cash Back.
The program cannot be combined with other reward mechanisms including but not limited to other cash back/points/miles websites. Usage of other reward mechanisms in addition to ToShop.Net will cause ToShop Cash Back to not be reported from affiliate merchants and no manual adjustments will be given in these cases.
Any attempt to accumulate ToShop Cash Back by means of an automated machine or computer, scripts, software computerized or automated process, or through the use of multiple accounts is expressly prohibited. ToShop.Net will cancel a member's account and that member will forfeit all ToShop Cash Back earned if they are found to be manipulating the system. Cancellation of a member account due to any of the above prohibited activities or system manipulation is at the full discretion of ToShop.Net. ToShop.Net reserves the right to pursue such prohibited conduct to the fullest extent of the law.
Members must maintain one unique account and any duplicate accounts are subject to cancellation. Determination of what is a unique account is at the sole discretion of ToShop.Net. Duplicate accounts can result in cancellation of account(s) or removal of sign-up bonuses and/or referrals.
The Program is currently offered for purchases made through links on the ToShop.Net web site. You must have Internet access and a valid working email address to receive the privileges and benefits of participation in the Program.
Multiple Level Referral Rewarding Program
A "Referral" is deemed as any new, unique member of ToShop.Net that registers either under a referral link given from ToShop.Net or by the new member providing an email address of another existing member in the registration process. If a referral link is clicked by a potential new member and the new member provides a referral email address that is different from the referral link's email address, the referral is awarded to the email address entered in the registration process.
Potential members who do not initially register at ToShop.Net are given a persistent cookie tagged with a referral link's original referrer ID. If the potential member signs up on a future date and the cookie is still present on their web browser, the referral will be awarded given all other conditions are met in these terms and conditions. ToShop.Net makes every effort for the referral tracking system to be accurate but cannot be responsible for cookie tracking that is disrupted due to visitor's clearing cookies, changing computers or utilizing any other mechanism that could potentially disrupt referral tracking.
ToShop.Net works hard to help Members, but determination of a "Referral", when in question, is at the sole discretion of ToShop.Net.

ToShop.Net allows Member (You) to receive rewards from four levels of referred members by you.

Purchases from your Referred Four Levels of members are rewarded 5% from Direct Referred Members (DRM), 3% from 2nd Level Members referred by your DRM, 2% from 3rd Level Members, 1% from 4th Level Members. For example, one of your 4th Level Members earned $100 ToShop Cash Back, you will get $1; One of your Direct Referred Members earned $100 ToShop Cash Back, you will get $5. For those understanding multiple level marketing should know that this program can earn you significant income.

Why ToShop.Net has developed this plan? 1. It is Win-Win-Win plan: Merchants, You and Your Referred Members all win; 2. 10% of total cash back will be paid off by our extra benefits, such as extra discount and easy to find best deals in this online community. 3. Most people do not mind if you get $100 Cash Back/year, but it will be important if you get $5000/year even $100,000 a year or more. 4. ToShop.Net will allow Members pass the membership with the Referred Members to your children.

The referral bonuses are automatic and are credited daily within 24 hours of the original rebate being posted. Referral Cash Back are not rewarded on manual customer service adjustments to any referral account.

ToShop.Net provides four basic ways to refer members including referral email templates, text links, banner links, and the ability for others to provide an email address of the referrer in the registration process.

'Spamming' other individuals to join the ToShop.Net program via unsolicited email, direct mail, newsgroups, message boards, or any other means is strictly prohibited in the Refer a Friend program. ToShop.Net reserves the right to remove a member from the ToShop.Net' Program if they are found to be 'spamming'. It is the sole discretion of ToShop.Net to determine if a user is 'spamming'. Thus, PLEASE do not spam!

Referral text links, banner links or referral email addresses should only be posted on websites that the member has direct ownership such as personal websites, personal blogs, personal facebook pages, personal Twitter accounts, etc. Please respect posting guidelines on any public forum, blog, auction, etc. and any referral posting deemed inappropriate by ToShop.Net will be asked to be removed as detailed below.

Furthermore, ToShop.Net reserves the right to prohibit any referral mechanism deemed inappropriate in ToShop.Net' sole discretion. This includes but is not limited to the following types of referral mechanisms:
* Trademark violations of either ToShop.Net' affiliate merchant partners or other trademark violations.
* Inappropriate content such as hate, porn or violence content.
* Any pay per click ad purchase in a search engine for any keyword. (I.E. Google, Yahoo, etc.)
* Content intended to falsify or mislead consumers about ToShop.Net.
Any content that is deemed inappropriate by the ToShop.Net' Compliance Department will be asked to be taken down with one warning email. If the said content is not removed within 3 business days or if the content is found again at a later time, the member's account will be disabled until further notice. The member will forfeit any current cash back, referrals and/or future privileges.

A referral may be removed by request of the "referrer" by contacting the customer service department via the Help section of ToShop.Net.

Self referral is not allowed within the ToShop.Net' Refer a Friend program which can include separate accounts registered in the same household. Determination of what a 'self-referral' consists of is at the sole discretion of ToShop.Net. If ToShop.Net deems two accounts as self-referrals, ToShop.Net reserves the right to suspend the accounts, reverse referral rebates or take any other action that would remove the referral structure.

Earning ToShop Cash Back

To be eligible for ToShop Cash Back you must make a 'Qualified Purchase'. In order to make a 'Qualified Purchase', you must satisfy the following criteria:

1. You must have cookies enabled on your Web browser.
2. You must make all Qualified Purchases by clicking on the 'Affiliate Merchant's' link that appears on the ToShop.Net site, and be successfully connected to the Affiliate Merchant's site based on that click.
3. You must complete the 'Qualified Purchase' during the same session immediately following the initial click-through to the Affiliate Merchant's site.
4. Discount codes, coupon codes or promotion codes that are NOT supplied by supplied by ToShop.Net can negate a 'Qualified Purchase'.
5. Purchase must not be made with a gift card, points method or gift certificate as part of the payment method.

Members will be awarded a specified percentage of the purchase price of the order (minus taxes, shipping, fees, etc.) in ToShop Cash Back. For example, if 5% is specified as the award for shopping at a specific merchant and a user purchases $100 worth of goods at that merchant through a ToShop.Net link then that user has earned $4.5 in their ToShop.Net Account. $.50 will be credited to Members who referred you.

Certain cash back restrictions can apply to select merchants. It is the members' responsibility to review all restrictions that are present on the merchant's respective landing page regardless of where the merchant is clicked on the ToShop.Net' website.
Also, the following purchases at ALL merchants may not qualify for Cash Backs:
* Gift Certificate / Gift Card / E-Gift Card purchases
* Purchases made with a gift card, points method or gift certificate
* RX prescriptions
* Pet prescriptions
* Extended warranty products
* Recurring monthly subscriptions (excluding magazine subscriptions from magazine subscription websites)
* Trial and free products
* Any order that includes back-ordered items and monthly delivery products such as 'auto-ship' products and 'wait-list' items
* Any order that is deemed a high-volume / reseller order as determined by the merchant's sole discretion

Even though it rarely happens if our Members follow the Rule above, ToShop.Net makes no guarantees that cash back will be rewarded on purchases even if all steps are followed for a 'Qualified Purchase'. When a rebate inquiry claim is filed by a member, ToShop.Net customer support will contact the merchant in question and will seek a resolution but ToShop.Net will not offer the rebate in question unless the merchant agrees to pay ToShop.Net for that particular rebate. If after 4 weeks, a merchant does not resolve the rebate issue, this will constitute non-payment from the merchant and the rebate inquiry cannot be paid.

ToShop.Net will honestly work hard to support our members. Determination of whether or not a purchase made through an ToShop.Net 'Affiliate Merchant' is a 'Qualified Purchase' is at the sole discretion of ToShop.Net. ToShop.Net is not responsible for tracking problems resulting from incorrect usage of the ToShop.Net site, disabling cookies, computer issues resulting from unknown causes such as third-party software or other issues, merchant partner errors/omissions or from any other failure of tracking mechanisms.

The appropriate Cash Back information accrued from a Qualified Purchase from an Affiliate Merchant will be posted to the Pending section of your personal account within 30 days from notice thereof to ToShop.Net by an Affiliate Merchant. Once we receive payment for your transaction and the return period defined by the Affiliate Merchant has expired, the Pending ToShop Cash Back balance, adjusted for returns or other such variables, will be moved into the Available ToShop Cash Back section of your account. Your ToShop Cash Back, according to the amount indicated in the Available ToShop Cash Back section of your account, will be eligible for request of payment when you have exceeded $10.00 in your account.
If a discrepancy occurs in an ToShop.Net member account such as a rebate not being credited to an account and the ToShop.Net member believes he/she made the purchase through ToShop.Net, then the member must contact ToShop.Net via our Customer Support forms within 90 days of the purchase date of the goods/services with proper documentation/proof of purchase. Failure in contacting ToShop.Net within that 90 day period will result in no customer support rebate inquiries to the merchants for the said orders/purchases.
Please note that some merchants do not allow claims to be opened on behalf of the customer (eBay, etc.). In these cases, the restriction will be posted in the appropriate "restrictions" area for each respective merchant and no claims can be filed for that merchant as such.
In the case where a customer is filing "excessive" claims, ToShop.Net' reserves the right to disable filing claims for an individual customer per merchant or for all merchants. The definition of "excessive" claims will be at the sole judgement of the ToShop.Net' customer service department.

ToShop Cash Back awarded to you is subject to adjustments for returns, cancellations or reversals by each respective merchant for any reason. In case of return or cancellation, ToShop.Net retains the right to reverse account credit. In addition, ToShop.Net reserves the right to make adjustments to Member accounts at any time in ToShop’ssole discretion. If you disagree with any adjustments made to your account your sole remedy is to discontinue use of the Program.

In the event that a Participating Merchant shall withhold any portion of the fees payable to ToShop.Net on account of a Qualified Purchase, ToShop.Net reserves the right to withhold the same amount from the ToShop Cash Back credited to your account based on such purchase(s).

Use of Online Coupons
ToShop.Net also provides online coupons as a free service to its members. These online coupons are entered in by our administrative staff on a daily basis. ToShop.Net is not responsible for the redemption, errors/omissions or expiration of online coupons and it is the member's responsibility to make sure that a discount, % off, special pricing, or free offer is present in the checkout process of an affiliate merchant. Coupons are generally not valid with any other offer from a specific merchant unless otherwise noted.
Coupon codes obtained outside of the ToShop.Net website can nullify a cash back rebate given for a particular merchant. ToShop.Net reserves the right to cancel any cash back rebate because of coupon codes that are used from external sources other than ToShop.Net.
All offers and promotions on this site are subject to change without notice. ToShop.Net provides a venue for obtaining the information contained in this site and has no control over the legality of any coupons or other offers made by vendors, the ability of any of the vendors to complete the sales in accordance with the offers, or the quality of the goods offered by the vendors. ToShop.Net has no control over whether vendors will honor the offers shown on this site and does not guarantee the accuracy or completeness of the information contained in this site. In the event you have a dispute with a vendor in any way relating to this site or the use of information from this site, you agree to waive and release ToShop.Net from any and all claims, demands, actions, damages (actual and consequential), losses, costs or expenses of every kind and nature, known and unknown, disclosed and undisclosed relating to that dispute.

Requesting ToShop Cash Back
You may request payment for your earned ToShop Cash Back that are designated as 'Available' in your account at any time when you have exceeded $10.00 in your account through the designated form on the ToShop.Net web site. Rebate Payment Checks are paid once a month usually on the first day of each month. The checks are then mailed to the mailing address that the user supplies as part of the payment request process. ToShop.Net is not responsible for lost mail or any other event beyond ToShop.Net control that would prevent the user from receiving their payment check.
Product Pricing
ToShop.Net posts product pricing in various sections of the website. While ToShop.Net makes every effort to post accurate pricing, any individual product price displayed on ToShop.Net is subject to change and the final price of a product is determined at the merchant's website. ToShop.Net nor the merchant in question are not liable for any pricing errors.
Member Responsibilites and Inactive Accounts
You are responsible for maintaining accurate account information at all times, including valid email address information. Members are also responsible for reviewing their account balance on a regular basis and for checking to ensure that all awards have been made properly.

You must inform ToShop.Net within 90 days of a Qualified Purchase if you believe there has been a failure or error in the award of ToShop Cash Back related to the purchase.

Furthermore, all accounts are subject to review. Necessary adjustments may be applied to Member accounts at any time by ToShop.Net at its sole discretion. If you do not agree to adjustments made to your account, your only recourse will be to terminate your membership in the Program. ToShop.Net reserves the right to terminate any account for abusive or fraudulent activity, or if the Member is no longer reachable at the e-mail address provided.

ToShop.Net is not responsible for changes to, or discontinuance of, any Affiliate Merchant, or any Affiliate Merchant withdrawal from the Program, or for any effect on accrual of ToShop Cash Back caused by such changes, discontinuance, or withdrawal.

Members are responsible for redeeming ToShop Cash Back. There is no automatic or periodic redemption.

ToShop.Net is entitled to act on instructions received under your password as an ToShop.Net member and in connection with your account. You are responsible for keeping your email address, passwords, account numbers, and other account information confidential. ToShop.Net is not responsible for any credits or debits made to your account by someone else who uses your password. ToShop.Net will not be responsible for any losses or liabilities incurred through the use of your password by a third party.

Participation in the Program is personal to you. ToShop Cash Back received under the Program may not be assigned or transferred to any third party except as expressly permitted by ToShop.Net in writing. The sale, transfer, lending, exchange, pooling or barter of any ToShop Cash Back, other than by ToShop.Net, is expressly prohibited. Any ToShop Cash Back assigned, sold, or otherwise transferred in violation of this Agreement may be confiscated or canceled. Any violation of the foregoing restrictions is grounds for account termination and forfeiture of all ToShop Cash Back.
Membership in the program is free: there is no charge to be a member or to earn and receive ToShop Cash Back. If your account is inactive (I.E. a member does not visit the ToShop.Net website for over 12 months in their logged in account) for more than twelve (12) consecutive months, ToShop.Net reserves the right to debit your account balance two dollars ($1.00) per month to recover the cost of account maintenance until you reactivate your account by logging in to your ToShop.Net' account, completing a qualifying purchase, or updating your account information (providing a valid name, email and mailing address).

ToShop.Net will protect your private information and do not share your name, address with third parties that not listed below: You authorize ToShop.Net to disclose to third parties information you have provided, or information that ToShop.Net has obtained about your ToShop.Net account: (i) to agents of ToShop.Net or its affiliates, such as independent auditors, consultants or attorneys; (ii) to comply with government agency or court orders or requests; or (iii) where it is necessary for redemption or transfer of your ToShop Cash Back. You authorize ToShop.Net to receive any account information from any Affiliate Merchant including, but not limited to information regarding the Qualified Purchase such as the products ordered, the order number, the time and date the Qualified Purchase occurred, the email address entered for the Qualified Purchase. You agree to hold the Participating Merchant harmless for any information disclosed to ToShop.Net.

Disclaimers and Limitations on Liability

THE PROGRAM IS BEING PROVIDED BY TOSHOP.NET 'AS IS' AND 'AS AVAILABLE'. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TOSHOP.NET DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROGRAM, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.

YOU AGREE THAT TOSHOP.NET WILL NOT BE LIABLE FOR ANY COSTS OR DAMAGES ARISING OUT OF A DISPUTE BETWEEN YOU AND ANY PARTICIPATING MERCHANT, AND YOU HEREBY EXPRESSLY WAIVE ANY SUCH CLAIM AGAINST TOSHOP.NET AND ITS MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, SUBSIDIARIES, AGENTS AND REPRESENTATIVES.

TOSHOP.NET DOES NOT MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING ANY GOODS OR SERVICES OFFERED OR PROVIDED BY AFFILIATE MERCHANTS OR SUPPLIERS IN CONJUNCTION WITH THE PROGRAM. TOSHOP.NET DOES NOT MAKE ANY REPRESENTATIONS THAT ACCESS TO THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND ToShop.Net ASSUMES NO RESPONSIBILITY FOR ANY DAMAGE CAUSED BY YOUR ACCESS, OR INABILITY TO ACCESS, THIS SITE, INCLUDING, BUT NOT LIMITED TO, YOUR INABILITY TO RECEIVE TOSHOP CASH BACK BY PURCHASING ITEMS WITH AN AFFILIATE MERCHANT.

IN NO EVENT SHALL TOSHOP.NET BE LIABLE FOR ANY DAMAGES, CLAIMS OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH THE PROGRAM; ANY ACT OR OMISSION BY TOSHOP.NET IN ADMINISTERING THE PROGRAM; OR THE PURCHASE OR USE OF ANY GOODS OR SERVICES OF MERCHANTS OR SUPPLIERS, EVEN IF TOSHOP.NET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME STATES DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

YOU AGREE TO INDEMNIFY AND HOLD TOSHOP.NET, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEY'S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE PROGRAM, THE VIOLATION OF THESE TERMS AND CONDITIONS BY YOU, OR THE INFRINGEMENT BY YOU, OR ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY, OR AS A RESULT OF ANY THREATENING, LIBELOUS, OBSCENE, HARASSING OR OFFENSIVE MATERIAL CONTAINED IN ANY MEMBER COMMUNICATIONS.

Termination and Modification
It will very very impossible to happen. But ToShop.Net reserves the right to terminate the Program at any time with notice. In the event the Program is terminated, you will have sixty (60) days from the date notice is transmitted by ToShop.Net to the email address specified in your account to redeem your ToShop Cash Back. Notification of Program termination will be sent to the email address provided to ToShop.Net during the registration process. ToShop.Net will not be responsible for failing to notify you of Program termination where such failure is caused by an inaccurate email address, your failure to check email online, or your failure to inform ToShop.Net of a change in your email address.

You may cancel your account at any time by contacting customer service using the customer support interface on the web site. Immediately upon cancellation, your account will be closed. YOU UNDERSTAND AND AGREE THAT UPON CLOSING YOUR ACCOUNT, YOUR RIGHT TO PARTICIPATE WILL CEASE AND ALL TOSHOP CASH BACK IN YOUR ACCOUNT AT SUCH TIME, HOWEVER AND WHENEVER ACCUMULATED, WILL BE FORFEITED.
In the case of Cancellation of a Member: the Members referred by the Cancelled member will not affected by the Cancelled Member, Four Level’s rewarding will continue to work.

ToShop.Net reserves the right to modify this Agreement from time to time, with or without notice. If there is a modification to the Program, we will endeavor to notify you; however, we will not be responsible if you do not learn of the modification. Continued participation in the Program after such modification shall be deemed to be your acceptance of any such modification. It is your responsibility to check this page of the ToShop.Net Web site regularly to determine whether this Agreement has been modified. If you do not agree to any modification of this Agreement, you must immediately cease participation in the Program.

Membership in the Program is subject to the Program Terms and Conditions. Any failure to comply with the Program Terms and Conditions, any fraud or abuse, or any misrepresentation of any information furnished to ToShop.Net by you or anyone acting on your behalf may result in the termination of your account and the forfeiture of all ToShop Cash Back.

Dispute Resolution
All questions or disputes regarding the Program, including without limitation, questions or disputes regarding eligibility for the Program, or the eligibility of rebates for accrual or redemption, must be submitted in writing within 90 days of the qualifying transaction, to ToShop.Net by using our Support Request form. Any such disputes shall be resolved by ToShop.Net at its sole discretion. All interpretations of Program Terms and Conditions shall be at the sole discretion of ToShop.Net. In the event that an error is made by ToShop.Net, your sole remedy shall be the credit of the disputed ToShop Cash Back to your ToShop.Net account.
Miscellaneous
This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois, without reference to conflicts of law rules. If any provision of this Agreement is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the other provisions contained herein will remain in full force and effect. ToShop’sfailure to insist upon or enforce strict performance of any provision of the Agreement shall not be construed as a waiver of any provision or right. Nothing in this Agreement shall be construed as creating or constituting a partnership, joint venture or agency relationship between ToShop.Net and the Affiliate Merchants or between you and ToShop.Net. This Agreement constitutes the entire agreement between the Member and ToShop.Net with respect to the Program.