Terms and Conditions

THIS IS A LEGAL BINDING AGREEMENT, PLEASE READ CAREFULLY.

1. DEFINITION: This Agreement ("Agreement") is made by and between you ("Member") and My Airfare Place, a division of New Retail ("New Retail"). This Agreement is effective immediately when Member signs up with the New Retail Cash Back Rewards Program ("Program") and earns cash back from or on behalf of New Retail. Furthermore, Member agrees to be bound by the terms and conditions listed below. Member and New Retail agree the use of this Program are exclusively governed by this Agreement. Any material alteration including modifications, alterations, amendments, or supplements to this Agreement by Member will make the Agreement null and void, resulting in membership termination. In addition, this Agreement is subject to change at any time without prior written notice. Therefore, Member should review this Agreement carefully each time before using the Program.

2. ELIGIBILITY:
2.1 You must be 18 years of age or older to participate in the Program.

2.2 This Program is only valid when accessed through the My Airfare Place Website (http://www.myairfareplace.com) ("Website"). Member must have Internet access and a valid email address to be eligible and receive privileges of this Program.

2.3 Member must manually participate in the Program. Any attempt to collect cash back by means of script automations, software, bots, or through the use of multiple accounts is strictly prohibited. Member must maintain only one account. Any other duplicate accounts may be cancelled.

2.4 Member also agrees not to "spam" other individuals to join the Program via unsolicited email, direct mail, forums, blogs, or other means. New Retail, at its sole discretion, reserves the right to remove a Member from the Program if they are found to "spamming" others.

3. CASH BACK ACCURAL:
3.1 This Program allows Members to earn a percentage of the net purchases made by you at one of the participating online merchants affiliated with New Retail ("Affiliated Merchant"). The percentage will be stated on the Website as related to each Affiliated Merchant. The net purchase is defined as the total amount of the order paid to the Affiliated Merchant minus tax, shipping and handling, gift wrapping, gift certificates, promotional credits, transaction fees, returns, cancellations, or others not related to the purchase price of the goods.

3.2 Purchases made by Member through the Affiliate Merchants will deemed a Qualified Purchase ("Qualified Purchase") and eligible to earn cash back reward if and only if the following conditions are met:

3.2.1 Member must have "Cookies" enabled on the browser.

3.2.2 Member must start the Qualified Purchase by clicking on the Affiliated Merchant's own link as shown on the website and be successfully transferred to the Affiliate Merchant's Website based on that click.

3.2.3 Member must complete the Qualified Purchase in one shopping session immediately following the initial click from the Website to the Affiliate Merchant's own website.

3.2.4 Member must repeat this process, start from the Website and be transferred to the Affiliate Merchant's own website, for multiple purchases to ensure that each of their purchase is a Qualified Purchase.

3.2.5 Member must use coupon codes as listed on the Website and not external coupon codes from other third-party websites.

3.2.6 Member must not change, cancel their order or return the item; otherwise the initial purchase will be void and not deemed to be a Qualified Purchase.

3.3 The determination of whether or not a purchase made through an Affiliated Merchant is a "Qualified Purchase" is the sole discretion of New Retail.

3.4 New Retail, at its sole discretion, reserves the right to make cash back rewards adjustments at anytime from Member, for returns, cancellations, and other events when the cash back is no longer deemed as a Qualified Purchase. The sole remedy for a Members who disagrees with such adjustments is to withdraw from the Program.

3.5 Cash back rewards accrued through the Program may be taxable depending on the amount of cash back accrued and to the tax laws of federal, state, and local jurisdictions. New Retail may choose to provide its Member with these notices on occasion. In all situations, you assume sole responsibility for any and all tax liability arising out of your accrual of cash back rewards.

3.6 Member is responsible for ensuring that the cash back rewards account balance is current; that is, rewards have been properly credited to the account.

3.7 Affiliated Merchants may make changes to or discontinue the Program with New Retail at any time. New Retail is not responsible for any effect on accrual of cash back rewards as a result of such changes or withdrawals by Affiliated Merchants, nor is New Retail responsible for any changes or discontinuance of any special offers or coupon codes at Affiliate Merchants own website. It is the responsibility of Member to ensure that such special offers or coupon codes are valid.

4. SCHEDULE OF PAYMENT OF CASH BACK REWARDS:
4.1 New Retail will issue earned cash back rewards payment to its Members on a bi-monthly basis, the fifteenth (15^TH) and last day of every month, provided that the following exceptions do not apply:

4.1.1 Member's first Qualified Purchase is greater than $1000 USD. New Retail reserves the right to delay issuing cash back rewards payment for up to six (6) payment cycles if such a situation arises.

4.1.2 Member canceled three (3) or more Qualified Purchases per month.

4.1.3 Member earned less than $5 USD in cash back rewards. New Retail will carry the current amount over to the next payment cycle if such a situation arises.

4.2 It is Member's responsibility to keep their New Retail account and contact information current to ensure proper and timely issuance of cash back rewards payment. In the event that an error occurs in the payment process, New Retail will assist Member in determining the cause of the non-payment or inaccurate payment. If it is determined that New Retail caused the error, Member will receive the accrued cash back payment in full.

4.3 New Retail is not responsible for a non-payment caused by Member's failure to keep their account and contact information current.

4.4 New Retail is not responsible for cash back rewards received and redeemed by an unintended recipient due to incorrect or outdated account and contact information provided by Member.

4.5 If an error occured in PayPal transaction, New Retail will assist Member in resolving this issue with PayPal. However, New Retail is not responsible for any errors made by PayPal in applying your payment.

5. PROGRAM MODIFICATION OR TERMINATION:
5.1 New Retail may modify this Agreement at anytime, with or without notice. Member's continued participation in the Program after such modification shall be deemed as acceptance of the modification and be bound by the modification. It is Member's responsibility to review this Agreement regularly.

5.2 In the event Member disagrees with a modification, Member must immediately withdraw from the Program.

5.3 New Retail reserves the right to terminate the Program at any time. New Retail shall provide Member with sixty (60) days notice prior to the termination. The termination notification shall be sent to the email address found in Member's New Retail account.

5.4 Member has sixty (60) days from service of the termination notice to redeem cash back rewards. New Retail is not responsible for Member's failure to receive the termination notice if such failure is due to events outside the control of New Retail, including but not limited to, inaccurate or outdated email address, error in Member's email program, Member's failure to check their email, or Member's failure to keep their email address current in their New Retail account.

6. MEMBERSHIP TERMINATION:
6.1 Termination of Program membership and forfeiture of accrued cash back rewards shall result if Member, or anyone acting on their behalf, fails to comply with this Agreement, commits fraud or abuse relating to the accrual or redemption of cash back rewards, misrepresents information furnished to New Retail or its affiliates, or violates any law, statute, ordinance, or regulation.

6.2 New Retail reserves the right to suspend accounts that have been inactive for more than one (1) year. Inactivity is defined as no tracked visits, either by cookie or manually logged in. New Retail will attempt to contact the member. Should Member do not respond in ten (10) days, New Retail will close Member's account. Member shall forfeit any accrued cash back reward in any account closed due to inactivity. Member will no longer be able to access a closed account using the old username.

7. LIMITATION OF LIABILITY: THE MAXIMUM LIABILITY OF NEW RETAIL IS LIMITED TO USE OF THE NEW RETAIL CASH BACK REWARDS PROGRAM IN ALL SITUATIONS AND CIRCUMSTANCES. THIS PROGRAM IS BEING PROVIDED BY NEW RETAIL "AS IS" AND "AS AVAILABLE" TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEW RETAIL 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 STATUTE, TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. NEW RETAIL SHALL NOT BE LIABLE FOR ANY CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY, OR OTHER CLAIMS RELATED TO PROGRAM IT OFFERS WHICH EXCEEDS THIS LIABILITY LIMIT. IN ADDITION, NEW RETAIL SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS FOR DAMAGES AGAINST THE MEMBER, OR FOR DELAYS, INTERRUPTION OF SERVICE, MALFUNCTION, LOSS OF BUSINESS, LOSS OR DAMAGE TO EXEMPLARY DAMAGES, INJUNCTIVE RELIEF DUE TO LOSS OF TIME AND/OR BUSINESS OR ANY OTHER THIRD PARTY CLAIMS RELATED TO THE USE OF THE PROGRAM FROM NEW RETAIL WHETHER OR NOT NEW RETAIL HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH POTENTIAL EXISTENCE OF DAMAGES OR CLAIMS. FURTHERMORE, MEMBER AGREE TO INDEMNIFY AND HOLD MY AIRFARE PLACE, NEW RETAIL, ITS OWNER, PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AND EMPLOYEES HARMLESS FROM ANY CLAIM OR DEMAND (INCLUDING ATTORNEY'S FEES) MADE OR INCURRED BY MEMBER RELATED TO THE USE OF THE PROGRAM PROVIDED BY NEW RETAIL.

8. COMPLAINT RESOLUTION: New Retail wants its Members to be 100% satisfied with the Program. Member may use the Contact Us Form in the Website for complaints regarding the use of the Program. New Retail will use its best efforts to timely resolve Member's complaints.

9. GOVERNING LAW AND JURISDICTION: ANY DISPUTE RELATED TO THE USE OF THIS PROGRAM OR THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF STATE OF WASHINGTON. MEMBER AND NEW RETAIL AGREE TO RESOLVE ANY DISPUTE THROUGH MEDIATION OR ARBITRATION WITH THE APPROPRIATE DISPUTE RESOLUTION ("ADR") TO THE EXCLUSIVE JURISDICTION AND THE VENUE OF THE COURTS WITHIN KING COUNTY, WITHOUT REGARDS TO ITS CONFLICT OF LAW RULES. MEMBER AND NEW RETAIL ALSO AGREE TO WAIVE ALL RIGHTS TO CONTEST AGAINST THE MEDIATION OR ARBITRATION WITH THE ADR AND THIS EXCLUSIVE JURISDICTION AND VENUE OF SUCH COURTS. FINALLY, MEMBER ALSO AGREE NOT TO BRING ANY LEGAL ACTION AGAINST NEW RETAIL THAT IS MORE THAN ONE YEAR AFTER THE DATE OF THE APPLICABLE CASH BACK ACTIVITY. THESE LEGAL ACTIONS INCLUDE BUT NOT LIMITED TO CONTRACT, TORT, EQUITY, OR ANY OTHER CLAIMS BASED ON LEGAL THEORY.

10. DISPUTE AND ATTORNEY'S FEE: All Claims ("Claims") between the New Retail and Member must be resolved using the dispute resolution mechanism in accordance with Section 9 by the party first to assert a Claim, either through mediation or the commencement of arbitration. Should either party file an action contrary to this Section 9, the other party may recover attorneys' fees and costs up to $1,000 USD, provided that the party seeking the reward has notified the other party in writing of the improperly filed Claim, and the other party has failed to withdraw the Claim.

11. COPYRIGHTS AND TRADEMARKS: All copyrights and trademarks are owned by its respective authors. You shall not copy, distribute, or modify, in whole or in part, any materials, including but not limited to, texts, logos, trademarks, photographs, or graphical images from this Website for commercial purposes without the explicit written permission from the authors.

12. DISCLAIMER ON INFORMATION ACCURACY:
12.1 Materials and information on the Website are provided for general informational purposes, as a convenience for My Airfare Place Members, and as a public service. These materials are not information provided by a licensed or qualified professional. IN ALL SITUATIONS AND CIRCUMSTANCES, NEW RETAIL MAKES NO REPRESENTATIONS, CLAIMS, OR WARRANTIES ABOUT THE ACCURACY OR CORRECTNESS OF THE MATERIALS OR INFORMATION CONTAINED ON THIS WEBSITE. The materials or information on this Website may contain discrepancies or errors, or may be updated without prior notice. My Airfare Place is not obligated to update the Website, thus materials or information on the Website may be outdated at any particular time.

12.2 Hyperlinks to other third-party websites are provided for the Member's convenience. NEW RETAIL HAS NO CONTROL OR IS NOT RESPONSIBLE OR LIABLE FOR THESE HYPERLINKS TO THIRD-PARTY WEBSITES.

13. ENFORCEABILITY: If any terms and conditions in this Agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining terms and conditions of this Agreement. The invalid, illegal, or unenforceable terms and conditions shall be deemed modified so as to have the most similar result that is valid, legal, and enforceable under applicable laws in the State of Washington.

14. NO WAIVER OF RIGHTS: Member agrees that any failure or performance of New Retail to enforce any of the terms and conditions stated in this Agreement shall not constitute a waiver of any of New Retail's rights under this Agreement. All waivers or amendments must be in writing.

15. WHOLE AGREEMENT: This Agreement is the complete and exclusive agreement between My Airfare Place, a division of New Retail, and Member. It constitutes a fully integrated agreement. This Agreement supersedes all prior or contemporaneous oral or written agreements, understandings, representations, warranties, and other communication between New Retail and Member related to the use of the Program.

Document Revised 5/31/2008