Brocl Cash Back Shopping Program
Brocl.com ("Brocl") offers a service that allows members to earn cash back on purchases made at over 2,000 stores. Joining and using Brocl is free and simple, requiring only your email address and a password to get started. Brocl does not sell or rent your personal information to third parties, and Brocl does not 'spam' its members. Brocl does not install or require you to install software on your computer. In other words, there is no 'catch'. Brocl receives a fee for referring buyers to affiliated stores and uses that fee to pay members cash back on their purchases.
Please read this complete member agreement ("Agreement") for full details on the Brocl Cash Back Shopping Program ("Program"). We think you will agree that Brocl offers the smartest way to shop online or in-store.
Becoming a Member
By enrolling as a member in the Program ("Member"), or by utilizing any of Brocl' shopping applications ("Applications"), you agree to be bound by this Agreement. Enrollment as a Member is simple: you must provide an email address so Brocl can inform you when money or other rewards are credited to your account. Members must be at least eighteen years old and agree not to use the Program for any illegal or fraudulent activity. Please be aware that participation in the Program and the opportunity to earn cash back are offered at the sole discretion of Brocl, and Brocl has the right to change this Agreement in whole or in part, at any time, with or without notice.
Earning Cash Back
Earning back a portion of your purchases as cash back ("Cash Back") is straightforward. Choose a store, product, coupon or other offer displayed on Brocl.com or an Brocl application, click the accompanying shopping link to be directed to an affiliated store's website ("Affiliate Store"), and complete a purchase to earn Cash Back on your net purchase amount. You may also earn Cash Back on purchases made 'in-store' at a limited number of stores by presenting an Brocl coupon at time of check out. Such stores and coupons are clearly identified on Brocl.com. Specific Cash Back amounts vary by store and product category and are provided in detail at Brocl.com. Please note that the net purchase amount excludes taxes, fees, shipping, gift-wrapping, discounts or credits, returns or cancellations, and extended warranties.
Certain Affiliate Stores exclude a limited number of products and purchases from the Program. Brocl does its best to minimize and maintain an up-to-date list of exclusions on Brocl.com. Additionally, to earn Cash Back, you must complete your purchase during the same shopping session you start after clicking on the Brocl link. If you visit other sites before completing your purchase or use coupons not provided by Brocl, your purchase might be associated with a service other than Brocl and you might not earn cash back on your purchase. If you disable 'cookies' on your computer you will not be able to earn Cash Back as cookies are used to authenticate the user and be certain Cash Back is assigned to the Member account.
Earning Bonuses & Other Rewards
Brocl periodically offers monetary bonuses or other rewards for sign-up in the Program, for referring other new Members, or for other specific actions. The terms and conditions accompanying such offers will govern how they are earned and paid if the terms and conditions differ from this Agreement. To qualify for a sign-up bonus payment, a new Member must establish an Active Account (defined below) and make minimum qualifying purchases totaling at least twenty-five dollars ($25.00) within ninety (90) days of becoming a Member. To qualify for a referral bonus, a Member must refer a new Member who establishes his or her own Active Account and makes his or her own minimum qualifying purchases totaling at least twenty-five dollars ($25.00) within the first ninety (90) days of becoming a Member. Please note that sign-up and referral bonuses are given for the purpose of attracting brand new Members to Brocl. An individual person is only eligible for one sign-up bonus and may earn only one referral bonus per individual person referred. To be sent a gift card bonus, Member must have a valid address in the United States or Canada only.
Receiving Payment
To receive payment of accrued Cash Back and any other rewards, you must establish and maintain an active account with Brocl ("Active Account") with the information necessary to process your payment: a valid email address at which you are able to receive email, a valid postal address at which you are able to receive mail, your first and last name, and a password to protect your account. To maintain your Active Account, you must update your information if it changes and have shopped via Brocl.com or an Brocl Application or have accrued Cash Back at any time within the last twelve (12) months.
Brocl pays its members accrued Cash Back and other rewards every 3 months, at a minimum. Brocl pays members in U.S. dollars via check, Paypal, and sometimes other payment options. Members may select or change their payment options in the My Brocl section of Brocl.com. If your check expires without being cashed or deposited or if it is returned to Brocl, it will be returned to your account, where it will be subject to inactive account maintenance charges described below. Each payment represents Cash Back and other rewards earned and accrued during the prior quarter based on the schedule below. The minimum payment amount is $5.01. Balances below $5.01 remain in your account for potential payment during the next payment period. Please note that orders from a few Affiliate Stores may be delayed by one pay cycle due to delayed processing and reporting by the stores. We do our best to expedite payments and to maintain a list of stores whose practices might delay our ability to pay Cash Back on your purchase. Brocl reserves the right to delay payment for any purchase based on changes to Affiliate Store policies and procedures at any time.
Updating & Maintaining Your Account
You must be logged into Brocl and enter your password to change your account information and payment preferences. You may check your account status and recent earning history at any time via the My Brocl tab on the Brocl Website. For security purposes, it is recommended that you memorize your password and not write it down. You are responsible for keeping your password and other account information confidential. Brocl is entitled to act on instructions received under your password and is not responsible for any credits or debits made to your account by someone else who uses your password.
Receiving Communications from Brocl
By signing up for membership at Brocl, you agree to receive communications that are account and membership related (e.g., that we've added money to your account, that we are mailing you a check on a certain date, etc.) as well as periodic shopping-related emails that highlight coupons & special deals that are available to Brocl Members. You can opt-out of receiving emails that are not account-related by either (i) visiting your account page and clicking on the Subscriptions link, or (ii) following the unsubscribe link on any of the emails. Since we need to communicate account information with you in order to operate our service, you cannot unsubscribe from account information emails. But rest assured that we don't send account emails unnecessarily. If you do not wish ever to hear from Brocl, even if just to hear that we awarded you Cash Back, you can close your account by contacting Brocl' customer service department.
Protecting Your Information
Brocl does not sell or rent your information to third parties. Brocl requires your name and address in order to send you payment of Cash Back and other rewards earned through Brocl. Any other information gathered by Brocl will be used only to improve your Brocl experience, for example by minimizing the irrelevant content or offers you see and increasing the offers you see from your favorite stores. Such information might include your favorite stores, preferred types of coupons or shopping categories. As detailed in Brocl' Privacy Policy, Brocl does not disclose your information to third parties except as necessary (i) for Brocl' agents and service providers to make Brocl' payments to you; (ii) to comply with government agency or court orders or requests; (iii) in providing aggregated or non-personalized marketing services for advertising or store partners; or (iv) for Brocl' agents and service providers to send Brocl' communications to you.
Use of Shopping Cart/Card-Linked-Offer Services
As a Member of Brocl, you will be able to purchase certain products from certain Affiliate Stores using (a) the Brocl shopping cart service (the "Shopping Cart"), a free express online checkout service provided by an Brocl affiliate, or (b) the credit-card-linked offer service (the "CLO"; and with the Shopping Cart, each a "Service"), a method that will allow some of your offline purchases with certain Affiliate Stores to qualify for certain Brocl rewards. The Services are separate (a user can use the Shopping Cart without participating in CLO or vice versa), but we believe both aspects of the Service will enhance your overall shopping experience.
1. License to the Service. Subject to the terms and conditions of this Agreement, Brocl grants you a limited, non-exclusive, and revocable license to access and use the Service. Brocl (or its affiliate) reserves the right to change, upgrade or discontinue the Service or any feature of the Service at any time, with or without notice.
2. Merchandise Shipping, Exchange and Return Policies. A product purchased using the Service is covered by the applicable Affiliate Store's return, exchange and shipping policies. With respect to the Shopping Cart, while Brocl will obtain the shipping cost for you during the checkout process, these policies will not be available for review on the Brocl Site during the checkout process. They are, however, available on the respective Affiliate Store's own website should you wish to review them. With respect to CLO, transactions may be subject to the Affiliate Store's offline policies, which will not be available for review on the Brocl Site during the checkout process.
3. Personal Information and Processing. By using the Service, certain information about you such as payment information and billing and shipping address is provided to Brocl in order to complete transactions with Affiliate Stores, and you authorize Brocl to process and complete payment transactions on your behalf. You also authorize Brocl and the Service to store such purchase information including, without limitation, your credit card number, for future purchases and transaction-matching purposes.
4. Privacy, Security and Information Collection. As a condition of using the Service, you agree that Brocl has the right to collect, retain, and use, subject to and in accordance with the terms of its Privacy Policy, information collected in your use of the Service. Your credit card information will be encrypted and stored in the Services databases.
5. Limitations on Liability. You agree that neither Brocl nor the Service is responsible or liable for the availability, accuracy, content, reliability or advertising of the merchandise or services of Affiliate Store sites. This Agreement and the corresponding Privacy Policy only apply when you are on the Site. Once you link to an Affiliate Store's website, you should read and understand that website's terms of use and privacy statement before disclosing any personal information. In addition to the limitations of liability set forth in the Agreement below, to the extent allowed by law, the total liability of Brocl or the Service to you for any damages related to your use of the Service, regardless of reason, will not exceed US$50.
6. Electronic Communications. We may communicate with you regarding the Service by electronic communications using information you provided during the registration process. You agree that we may communicate with you by means of electronic communications regarding these Terms of Use or the Service, payment and credit card information, and any other matter relating to your use of the Service.
7. Termination of Service. Brocl reserves the right, at any time, to modify or discontinue offering the Service in its sole discretion. If you are dissatisfied with any aspect of the Service at any time, your sole and exclusive remedy is to cease using the Service and/or provide Member comments to Brocl. You agree that Brocl will not be liable to you or to any third party for any modification, suspension, or termination of the Service.
Using Brocl Applications
Brocl does not install or require you to install any software to access the Cash Back Shopping Program. Members can earn Cash Back on their purchases by using only the Web site Brocl.com. Brocl plans to make available a limited number of Applications to assist users in earning Cash Back without visiting Brocl.com (for example, from mobile devices or in-store). If you use Brocl' Applications you agree to use them only for your personal use and for accessing the Program. Brocl reserves the right to update or discontinue its Applications at any time. You agree not to reverse engineer, decompile, disassemble, copy or otherwise derive the source code of Brocl Applications for any reason. You may not rent, sell, or sublicense Brocl' Applications without Brocl prior written consent.
Brocl Applications and their underlying information and technology may not be exported or re-exported into any country to which the U.S. has embargoed goods or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using Brocl' Applications you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list, and that you will otherwise comply with all applicable export control laws. All rights to Brocl' Applications are reserved by Brocl under the copyright laws of the United States.
Inactive Member Accounts & Termination of Membership
Membership in the Brocl program is free: there is no charge to be a Member or to earn and receive Cash Back. If your account is inactive for more than twelve (12) consecutive months, Brocl reserves the right to debit your Brocl account balance two dollars ($2.00) per month to recover the cost of account maintenance until (i) you reactivate your account by starting a shopping session via Brocl.com or Brocl' Applications, completing a qualifying purchase, or updating your account information (providing a valid name, email and mailing address), or (ii) your account balance is zero. If the balance in your inactive account is or becomes zero, Brocl will close the account permanently and cease to maintain your account records and Program access. The inactive account maintenance charge will not cause your account balance to become negative and will not cause you to owe money to Brocl.
Program Limitations, Qualifications & Disclaimers
Membership in the Program is subject to this Program Agreement. All Affiliate Store membership and/or operating agreements as they relate to their affiliate or partner programs with Brocl and which reside on the Affiliate Store's respective Web sites are hereby incorporated into this Agreement by reference.
Membership in the Program is limited to individuals who are 18 years of age or older. Members may not use scripts or disguised redirects to derive financial benefit from Brocl. Members must have Internet access and maintain a valid email address to be eligible to receive the privileges and benefits of membership.
Any failure to comply with this Program Agreement, any fraud or abuse relating to the accrual or receipt of cash back rewards, or any misrepresentation of any information furnished to Brocl or its affiliates by you or anyone acting on your behalf may result in the termination of your membership in the Program and forfeiture of your accrued Cash Back rewards.
The determination of whether or not a purchase made through an Brocl Affiliate Store qualifies for Cash Back is at the sole discretion of Brocl. If an Affiliate Store fails to report a transaction to Brocl or withholds payment to Brocl for any reason, Brocl reserves the right to cancel the Cash Back associated with that transaction. If Brocl has any reason to suspect fraudulent activity is associated with your account, Brocl reserves the right to delay or withhold payment of Cash Back. You give Brocl permission to review your account with Affiliate Stores in cases where Brocl suspects fraudulent activity. Brocl is not responsible for lost or stolen payments, including gift cards. Brocl is not responsible for payments delivered to the wrong address through no fault of Brocl or for payment errors made by payment partners like PayPal.
It is your responsibility to check your account regularly to ensure that Cash Back has been properly credited and paid and that your account balance is accurate. If you do not believe that Cash Back has been correctly credited to your account you must contact Brocl Customer Service within 90 days of the transaction. Should you disagree with any adjustments made to your account or payments made to you, your sole remedy is to withdraw from the Program.
You may be taxed on your receipt of cash and other consideration (merchandise, travel, etc.) for member referrals, depending on the tax laws of federal, state, and local jurisdictions. Brocl may choose to provide you with those notices to you on occasion. In all instances, you will be solely responsible for any and all tax liability arising out of the consideration received for member referrals.
Brocl is not responsible for changes to, or discontinuance of, any Affiliate Store, or for any Affiliate Store withdrawal from the Program, or for any effect on accrual of Cash Back caused by such changes, discontinuance, or withdrawal. Brocl is not responsible for changes to, or discontinuance of, any special offer or coupon code at an Affiliate Store site.
The Brocl Program and Applications are being provided to member "as is" with no warranty. Brocl reserves the right to terminate the Program at any time with or without notice. To the maximum extent permitted by law, Brocl disclaims all representations and warranties, express or implied, with respect to the Program and Applications.
Brocl does not warrant, guarantee, or make any representations regarding the quality or accuracy of advertisements for any products or services offered or provided by Affiliate Stores in conjunction with the Program. In addition, Brocl does not warrant that access to this site or use of its Applications will be uninterrupted or error-free, and Brocl assumes no responsibility for any damage caused by your access or inability to access Brocl.com or Brocl' Applications.
Member agrees to indemnify and hold Brocl, its parents, subsidiaries, affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable attorney's fees, made by any party due to or arising out of Member's use of the Program.
Brocl may modify this Agreement from time to time, with or without notice, and your 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 the Terms & Conditions page of the Brocl 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.
This Agreement shall be governed by and construed in accordance with the laws of the State of California, without reference to conflicts of law rules. As a condition of the use of the Brocl website and service, you (the Member) agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Francisco, California and therefore agree to file any grievance or suit of any kind exclusively in the courts located within the county of San Francisco.
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. Brocl' failure 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. This Agreement constitutes the entire agreement between you and Brocl with respect to the Program.
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