Shop your favorite online stores and earn
up to 15% cash back
for your favorite organization
ALL YEAR FUNDRAISING TERMS AND CONDITIONS OF USE
Thank you for choosing All Year Fundraising, LLC ("AYF") to help meet your fundraising goals. The www.allyearfundraising.com website (the "AYF Website") and all related services are owned by AYF. To ensure that you fully understand how AYF works, what your rights are and what our responsibilities are we have created these All Year Fundraising Terms and Conditions of Use ("Terms and Conditions").
These Terms and Conditions, along with any other policies or guidelines posted on the AYF Website, govern any transactions you complete through AYF and your use of the AYF Website. By using AYF, the AYF Website or any of the AYF services (collectively the "AYF Program") you acknowledge having read and understood these Terms and Conditions and hereby consent to being legally bound by the same. Please read these Terms and Conditions carefully. If you do not understand the Terms and Conditions please contact us with your questions prior to using AYF or any of its services. If you do not agree with the Terms and Conditions you may not use the AYF Program.
These Terms and Conditions may be revised or modified by AYF at any time by posting the revised Terms and Conditions on the AYF Website, without notice to you. Any subsequent use by you of the AYF Program will be governed by the current Terms and Conditions, as posted on the AYF Website.
AYF OVERVIEW
The AYF Program utilizes commission-based affiliate marketing through our network of participating merchants ("Participating Merchants") to allow organizations that become AYF partners ("Partner Organizations") to raise funds by earning rebates through online shopping. When someone links to one of our Participating Merchants through the AYF Website and chooses to support one of our Partner Organizations they are an AYF supporter ("Supporter"). A portion of the Supporter's purchase is then passed on to the Partner Organization of the Supporter's choice in the form of a rebate. Cash back rebates earned by a Supporter are then held in an account that is maintained by AYF. At the request of the Group Leader or Member the rebates are then forwarded to the designated Partner Organization in accordance with these Terms and Conditions.
ELIGIBILITY
Participation in the AYF Program is limited to individuals that are 18 years or older.
We specifically and expressly intend to benefit our Partner Organizations. Any attempt to accumulate rebates by means of an automated machine or computer, scripts, software, computerized or automated process, or through the use of multiple accounts is expressly prohibited. AYF will cancel a Partner Organization's account and that Partner Organization will forfeit all rebates earned if they are deemed by AYF to be manipulating the system. AYF reserves the right to pursue such prohibited conduct to the fullest extent of the law. The AYF Program is currently offered for purchases made through links on the AYF Website. You must have Internet access and a valid working email address to receive the privileges and benefits of participation in the AYF Program.
You must also agree not to "spam" other individuals to join the AYF Program via unsolicited email, direct mail, newsgroups, message boards, or other means. AYF reserves the right to remove a Partner Organization or Member from the AYF Program if they are found to be "spamming". It is the sole discretion of AYF to determine if a Partner Organization or Member is "spamming".
EARNING CASH BACK REBATES
To be eligible for cash back rebates you must make a qualified purchase ("Qualified Purchase"). In order to make a Qualified Purchase, you must satisfy the following criteria:
- You must have cookies enabled on your Web browser.
- You must make all Qualified Purchases by clicking on the Participating Merchant's link that appears on the AYF Website, and be successfully connected to the Participating Merchant's site based on that click.
- You must complete the Qualified Purchase during the same session immediately following the initial click-through to the Participating Merchant's site.
- You must NOT use any discount codes, coupon codes or promotion codes that are NOT supplied by.
- Your purchase must NOT be made with a gift card or gift certificate as part of the payment method.
Members will be awarded a specified percentage of a Qualified Purchase in the form of a cash-back rebate. For example, if 3% is specified as the award for shopping at a specific merchant and a user makes a Qualified Purchase in the amount of $100.00 then that Supporter has earned a rebate of $3.00 for the designated Partner Organization or Member.
All purchases are bound by the terms and conditions of that specific merchant from which the purchase is made. Certain cash-back restrictions apply to select merchants. Also, the following purchases at ALL merchants do not meet the criteria for a Qualified Purchase: gift certificate purchases, gift card purchases, RX prescriptions, pet prescriptions, extended warranty products and monthly delivery products such as "auto-ship" products and "wait-list" items.
AYF 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, AYF customer support will contact the merchant in question and will seek a resolution, but AYF will not issue the rebate in question unless the merchant agrees to pay AYF 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 will not be paid.
The determination of whether or not a purchase is a Qualified Purchase is at the sole discretion of AYF. AYF is not responsible for tracking problems resulting from incorrect usage of the AYF Program, 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.
A rebate earned from a Qualified Purchase will be posted to the 'pending' section of your account within 30 days from notice thereof to AYF. A Qualified Purchase listed as pending is awaiting approval from the Participating Merchant. Upon approval of the Qualified Purchase by the merchant the purchase will be moved to the 'processing' section of your account. Your purchase is considered to be processing while AYF is awaiting payment from the merchant. Once AYF receives payment for your Qualified Purchase and the return period, as defined by the Participating Merchant has expired, the pending rebate, adjusted for returns or other such variables, will be moved into the 'available rebates' section of your account. Your rebates, according to the amount indicated in the available rebates section of your account, will then be eligible for you to request payment.
If a discrepancy occurs in an AYF member account such as a rebate not being credited to an account and the member believes he/she made a Qualified Purchase, then the member must contact AYF via our online customer support forms within 60 days of the purchase/order date. Failing to contact AYF within 60 days of the purchase/order will result in no customer support rebate inquiry to the merchant.
Rebates awarded to you are subject to adjustments for returns and cancellations, receipt of information and payments on such purchases from the merchants and other events. In case of return or cancellation, AYF retains the right to reverse account credit. In addition, AYF reserves the right to make adjustments to member accounts at any time at AYF's sole discretion. If you disagree with any adjustments made to your account your sole remedy is to discontinue use of the AYF Program.
In the event that a Participating Merchant withholds any portion of the rebate on a purchase, AYF reserves the right to withhold the same amount from the rebate credited to your account.
USE OF ONLINE COUPONS
AYF provides online coupons as a free service to its Members ("AYF Coupons"). AYF is not responsible for the redemption or proper use/application of AYF Coupons. It is the Supporter's responsibility to make sure the AYF Coupon is applied during the checkout process of the Participating Merchant. AYF Coupons are generally not valid with any other offer from a merchant, unless otherwise noted.
Only AYF Coupons found on the AYF Website will count towards a Qualified Purchase. Coupon codes obtained outside of the AYF Website nullify a Qualified Purchase. AYF reserves the right to cancel any rebate due to the use of any discount code or coupon from external sources.
All offers and promotions on the AYF Website are subject to change without notice. AYF 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 Participating Merchants, the ability of any of the Participating Merchants to complete the sales in accordance with the offers, or the quality of the goods offered by the Participating Merchants. The information available on the AYF Website is provided by the Participating Merchants. AYF has no control over whether Participating Merchants 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 Participating Merchants in any way relating to the AYF Website or the use of information from the AYF Website, you agree to waive and release AYF 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 REBATES
Rebate payment checks can be requested by the Member or Group Leader any time their account as an available rebate balance. Rebate payment check requests will be processed within 30 days of being received. Rebate checks will then be mailed to the Member Organization. Rebate payment check requests are limited to one every 30 days. A second request in the same 30 day period will be voided. AYF is not responsible for lost mail or any other event beyond the control of AYF that would prevent a member from receiving their payment check.
Any rebates not redeemed by the Member within one year from the rebate being made available shall result in the forfeiture of said rebate to AYF.
PRODUCT PRICING
AYF posts product pricing in various sections of the AYF Website. While AYF makes every effort to post accurate pricing, any individual product price displayed by AYF is subject to change and the final price of a product is determined at the Participating Merchant's website. Neither AYF nor the Participating Merchant in question are liable for any pricing errors.
MEMBER RESPONSIBILITIES
You, the Member, 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 checking to ensure that all rebates have been made properly.
You must inform AYF within 60 days of a Qualified Purchase if you believe there has been a failure or error in the award of a rebate related to a Qualified Purchase.
Furthermore, all accounts are subject to review. Necessary adjustments may be applied to Member accounts at any time by AYF 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 AYF Program. AYF 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. When an account is terminated any rebates in the account will be forfeited to AYF.
AYF is not responsible for changes to or discontinuance of any Participating Merchant, or any Participating Merchant's withdrawal from the AYF Program, or for any effect on accrual of rebates caused by such changes, discontinuance or withdrawal.
Members are responsible for redeeming rebates. There is no automatic or periodic redemption. Rebates not redeemed by the Member within one year from the rebate being made available shall result in the forfeiture of said rebate to AYF.
You are responsible for keeping your email address, passwords, account numbers, and other account information confidential. AYF is entitled to act on instructions received under your password as an AYF Member and in connection with your account. AYF is not responsible for any credits or debits made to your account by someone else who uses your password. AYF will not be responsible for any losses or liabilities incurred through the use of your password by a third party.
Participation in the AYF Program is personal to you. Rebates received under the AYF Program may not be assigned or transferred to any third party except as expressly permitted by AYF in writing. The sale, transfer, lending, exchange, pooling or barter of any rebates, other than by AYF, is expressly prohibited. Rebates assigned, sold, or otherwise transferred in violation of these Terms and Conditions may be confiscated or canceled. Any violation of the foregoing restrictions is grounds for account termination and forfeiture of all rebates.
You authorize AYF to disclose to third parties information you have provided, or information that AYF has obtained about your AYF account: (i) to agents of AYF or its affiliates, such as independent auditors, consultants or attorneys; (ii) to comply with any governmental agency or court of law; or (iii) where it is necessary for redemption or transfer of your rebates. You authorize AYF to receive all account information from any Participating Merchant including, but not limited to the products ordered, the order number, the time and date the Qualified Purchase occurred and the email address entered for the Qualified Purchase. You agree to hold the Participating Merchant harmless for any information disclosed to AYF. Your information will be handled in accordance with our Privacy Policy
DISCLAIMERS AND LIMITATIONS ON LIABILITY
THE AYF PROGRAM IS BEING PROVIDED BY AYF "AS IS" AND "AS AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY LAW, AYF DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE AYF 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 AYF 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 AYF AND ITS MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, SUBSIDIARIES, AGENTS AND REPRESENTATIVES.
AYF DOES NOT MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING ANY GOODS OR SERVICES OFFERED OR PROVIDED BY PARTICIPATING MERCHANTS OR SUPPLIERS IN CONJUNCTION WITH THE AYF PROGRAM. AYF DOES NOT MAKE ANY REPRESENTATIONS THAT ACCESS TO THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND AYF ASSUMES NO RESPONSIBILITY FOR ANY DAMAGE CAUSED BY YOUR ACCESS, OR INABILITY TO ACCESS, THE AYF WEBSITE, INCLUDING, BUT NOT LIMITED TO, YOUR INABILITY TO RECEIVE CASH BACK REBATES BY PURCHASING ITEMS WITH A PARTICIPATING MERCHANT.
IN NO EVENT SHALL AYF 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 AYF PROGRAM; ANY ACT OR OMISSION BY AYF IN ADMINISTERING THE AYF PROGRAM; OR THE PURCHASE OR USE OF ANY GOODS OR SERVICES OF MERCHANTS OR SUPPLIERS, EVEN IF AYF 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 HARMLESS AYF, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS AND EMPLOYEES 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 AYF 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.
If any claim whatsoever is brought against AYF then the person or individual who brought the said claim shall be bound to submit the claim to final and binding arbitration.
TERMINATION AND MODIFICATION
AYF reserves the right to terminate the AYF Program at any time with notice. In the event the AYF Program is terminated, you will have sixty (60) days from the date notice is transmitted by AYF to the email address specified in your account to redeem your rebates. Notification of program termination will be sent to the email address provided to AYF during the registration process. AYF 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 AYF of a change in your email address.
You may cancel your account at any time by using the AYF Website to cancel your account. 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 REBATES IN YOUR ACCOUNT AT SUCH TIME, HOWEVER AND WHENEVER ACCUMULATED, WILL BE FORFEITED.
AYF reserves the right to modify these Terms and Conditions from time to time, with or without notice. If there is a modification to the AYF Program said modifications will be posted on the AYF Website in the Terms and Conditions. Continued participation in the AYF 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 AYF Website regularly to determine whether these Terms and Conditions have been modified. If you do not agree to any modification of these Terms and Conditions, you must immediately cease participation in the AYF Program.
Membership in the AYF Program is subject to these Terms and Conditions. Any failure to comply with these Terms and Conditions, any fraud or abuse, or any misrepresentation of any information furnished to AYF by you or anyone acting on your behalf may result in the termination of your account and the forfeiture of all rebates.
DISPUTE RESOLUTION
All questions or disputes regarding the AYF Program, including without limitation, questions or disputes regarding eligibility for the AYF Program, or the eligibility of rebates for accrual or redemption, must be submitted in writing within 60 days of the Qualifying Purchase, to AYF via AYF Customer Service. Any such disputes shall be resolved by AYF at its sole discretion. All interpretations of these Terms and Conditions shall be at the sole discretion of AYF. In the event that an error is made by AYF, your sole remedy shall be the credit of the disputed rebates to your AYF account.
MISCELLANEOUS
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Michigan, without reference to conflicts of law rules. If any provision of these Terms and Conditions 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. AYF's failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Nothing in these Terms and Conditions shall be construed as creating or constituting a partnership, joint venture or agency relationship between AYF and the Participating Merchants, Member Organization, Supporter, Member or you. These Terms and Conditions constitute the entire agreement between the Member and AYF.
