{"title":"Terms & Conditions","content":"

ACCESSIBILITY -- IF YOU ARE HAVING ANY TROUBLE ACCESSING THIS TERMS OF USE AGREEMENT OR THE PROPERTIES, PLEASE CONTACT FAN SERVICES TOLL FREE AT 1-877-833-7397, 24 HOURS A DAY, 7 DAYS A WEEK (OR 1-904-685-7583 OUTSIDE THE UNITED STATES) OR VIA OUR CONTACT US PAGE.

By activating the FanCash+ Program (the \"Program\") or by using the Program website and linking to the participating merchant network or by shopping with participating merchants using a registered credit or debit card (collectively, the \"Network\"), you acknowledge that you have read and understood these Terms and Conditions (the \"Agreement\") and that you agree to be bound by all of the terms of this Agreement. You also acknowledge that you have had an opportunity to review the FanCash+ Program’s Privacy Policy (the \"Privacy Policy\"), which is incorporated in this Agreement by reference, or that the Privacy Policy has been made available to you for your review. If you do not agree to all of the terms of this Agreement and the Privacy Policy, then do not proceed with the enrollment process or continue to participate in the Program.

This Agreement constitutes a legally binding agreement between Affina Inc., an Delaware corporation, and its affiliates (collectively, \"Rethink Loyalty “or \"we\" or \"us\"), and each individual (\"you\" or the \"Member\") who registers with the FanCash+ Program, as described below (the \"Network\"). We are the provider of the FanCash+ Program.

This Agreement contains details about the relationship between you and us as it relates to your participation in the Network and use of the Program. You must accept the terms of the Agreement in order to become a Network member and your use of the Program and access and use of this website and your participation in the Network shall be deemed to be your continuing acceptance of this Agreement.

1. Activation
You represent that you are a person of legal age in the state in which you live (generally at least 18 to 21, depending on the laws and regulations of your state of residence) and are a legal resident of the United States or its territories. You agree that it is your responsibility to keep your Member information current, complete and accurate by periodically updating your information for the Program.

2. License
Subject to this Agreement, we hereby grant you a non-exclusive, non-transferable license (without the right to sublicense) for so long as you use the Program and adhere to this Agreement, to access, participate in and use the Network. You agree that you obtain no rights other than the rights and licenses expressly granted in this Agreement.

3. Fees
We do not charge any membership fee. Some of the businesses that participate in the Network by rebating a portion of a Member's purchases at or with those businesses (each a \"Contributing Company\" (where \"Contributing Company\" is an online merchant as it pertains to ‘Online Affiliates’; and where \"Contributing Company\" is a participating merchant as it pertains to in store card-linked-offers). may charge fees with respect to some of their offers which are available through the Network. Any such fees will be disclosed in the description of the Contributing Company's offer, and each such Contributing Company reserves the right to change such fees or institute new or additional fees in the future.

4. Policies
You agree to comply with this Agreement, and all other policies and rules as set forth in Program or Network materials, including materials of Contributing Companies, either in print or on the Program website (collectively, the \"Policies\"). The Policies, including any amendments that may be made from time to time, are hereby incorporated by reference into this Agreement. We may modify this Agreement or the Policies at any time. This Agreement and the Policies as so amended are posted on the Program website, and your continued use of the Network thereafter will constitute acceptance of any such amendment. We encourage you to review this Agreement periodically for any such updates or changes.

FanCash+ member obligations

5. No unauthorized use of the network
You agree that you will not, and will not permit others to:

provide any unauthorized third party with access to the Network or any information, data, text, links, images, software, chat, communications and other content available through the Internet and proprietary to the Program (collectively, \"Content\") by any means.
modify, reverse engineer, reverse assemble or decompile any of the software applications used by you in connection with your participation in the Program or use of the Network.
engage in any activity that does not comply with U.S. law or other applicable law and regulations or otherwise engage in any illegal, manipulative or misleading activity through the use of the Program or Network.
introduce into the Network any code intended to disrupt the Network, alter or delete its Content, access confidential Content on the Program website or interfere with the operation of the Network, including, but not limited to, distribution of unsolicited advertising or mail messages and propagation of computer worms and viruses.
post any material in any form whatsoever on the Program website or within the Network that is defamatory, obscene or otherwise unlawful or violates any third party's right of privacy or publicity.
use the Network to make purchases that are not for personal or household use (e.g., purchases are not for resale, etc.); or infringe any third party's patent, copyright, service mark, trademark or other intellectual property right of any kind or misappropriate the trade secrets of any third party in connection with your use of the Network.

6. Community standards
By using the Program website, you are voluntarily becoming a member of a community which depends on the goodwill and responsible behavior of each of its members. Members are required to refrain from transmission or communication of images or text constituting ethnic slurs, obscenities, sexually explicit material, inflammatory or derogatory comments, or anything else that may be construed as harassing or offensive, which is targeted at the Program, the Program website, the Network, our employees, contractors or agents, a Contributing Company, or other members. This includes communications by means of social media or other Internet posts which violate the above community standards or promote or encourage gaming or fraudulent behavior. Members who violate this provision, as determined by us in our sole discretion, may have their access to the Program suspended or terminated without prior notice.

7. Security
You will maintain the confidentiality of the username and password by which you access the Program and will allow access to the Program or the Network only by authorized persons, and not by any network, expert system, electronic agent, \"bot\" or other automated means. Any use of your assigned username or password will be deemed to be your use. If there is a breach of security through your account, you agree that you will immediately change your password and notify us of such breach. You agree that, unless you have first notified us immediately of any such breach, we should assume that any instruction transmitted using your username and password is yours and has been authorized by you, and we will be entitled to rely on such instruction and will have no obligation to inquire into the propriety of such instruction. You will not permit any use of the Network that would damage, interfere with or unreasonably overload the Network. You acknowledge that neither FanCash+ nor we will contact you to solicit your username or password.

8. Discontinuation or suspension of use
We may, in our sole discretion, at any time and without prior notice:

discontinue transmitting all or any part of the Content related to the Program.
change, discontinue or limit access to the Program or any functionality, feature or other component of the Program; or
suspend or terminate your use of or access to the Program without giving you prior notice of such suspension or termination, including without limitation due to the appearance of fraud; gaming; malicious intent; abuse or other violation of this Agreement, as determined by us in our sole discretion, in addition to any other remedies available to us at law or in equity.

Contributing company offers and payment of contributions

9. Contributions
As a result of your participation in the Network you will accumulate FanCash - a proprietary reward system that assigns a non-cash value to each eligible member transaction (\"Contributions\"). All Contributions will appear on your eligible Program account based on Contributing Company's delivery of eligible reward data. Contributing Companies may impose conditions or restrictions different from, or in addition to, those described on the pages of the Program website or in other promotional materials. You should read each FanCash offer carefully on the Contributing Company's website to ensure that you have the most up-to-date terms and conditions for the applicable offer. We are not responsible for setting or maintaining the amount of the Contributions offered by any Contributing Company or for requirements of any Contributing Company's offer or website. Each Contributing Company has reserved the right to change at any time, and without notice, the amount or percentage of any Contributions it offers as well as the terms and conditions of any Qualifying Purchase and/or the availability of any particular offer. You acknowledge that errors in the offer terms or conditions obtained through use of the Program may occur from time to time, whether caused by a Contributing Company, the Payment Card Networks (PCN) or otherwise, and either we or the Contributing Company or the PCN, will use our respective commercially reasonable efforts to promptly correct any such error, and you agree not to bring any action against either party based on or related to such errors. Your continued use of the Program thereafter will constitute acceptance of such terms and conditions. We do not represent or warrant that any particular Contributing Company will participate in the Network at the time you join the Program or at any time thereafter, or that any specific offer will be available at any time. For purposes of this Agreement, a purchase is a \"Qualifying Purchase\" once all conditions in a Contributing Company's offer with respect to that purchase, including clicking on an offer link from the Program website, using a registered credit or debit card to complete your purchase, satisfying any applicable waiting periods, have been satisfied, etc., and expressly excludes any returns, cancellations or credits. In addition, purchases for which a Contributing Company fails to make payment of the fees or commissions payable to us (\"Commissions\"), including without limitation due to the bankruptcy or insolvency of such Contributing Company, may not be deemed to be a Qualifying Purchase for purposes of this Agreement, and contributions previously awarded may be reversed in such case.

If you are in doubt about whether or not you are in a valid session for a Qualifying Purchase, you should re-enter the Program website and then click on the Contributing Company that you wish to shop at, and then complete your transaction.

10. The Program account
Contributions you accrue as a result of Qualifying Purchases will be posted to your Program account maintained by Rethink Loyalty and subsequently transferred to your FanCash account maintained by Fanatics LLC, or its successors or assignees (the \"Program Sponsor\"). The Program website will display a summary of activity in your Program Account. Generally, Contributions will be posted to your program Account within 45 to 75 days after notice from a Contributing Company to us of your relevant transaction. However, we will not be liable for damages resulting from any failure to post Contributions to a Program Account in a timely manner. You acknowledge and accept that you are solely responsible for checking your Program Account regularly to verify that Contributions have been properly posted. If you believe that a Contribution has not been properly posted to your Program Account, then you must inform us within ninety (90) days after the Qualifying Purchase for which you are claiming that a Contribution should have been posted and must be able to provide proof of such transaction acceptable to us. We reserve the right, however, to determine, in our sole and absolute discretion, whether a Contribution should have been posted to your Program Account. You acknowledge that any such determination by us will be final and binding.

11. No responsibility for contributing companies
You agree that we are not an agent of any Contributing Company and that each of the Contributing Companies operate independently of and are not under our control with respect to the Program or otherwise. Accordingly, we do not represent or warrant, or give any assurances, that any Contributing Company will provide a Contribution for any particular transaction even where such transaction would appear to qualify for such Contribution under either our or a Contributing Company's statements. We are not responsible for the failure of any Contributing Company to pay Contributions in accordance with the terms of that Contributing Company's offer. Further, your participation in offers or promotions of, or correspondence with, any Contributing Company is solely between you and that Contributing Company. We do not assume any liability, obligation or responsibility for any part of any such correspondence, offer or promotion, including without limitation the withdrawal or modification of any such offer or promotion. Also, no Contributing Company or PCN assumes any liability, obligation or responsibility for our conduct with respect to the Program.

12. Merchant rewards (online affiliates)

In the case of certain online Contributing Companies (\"Online Affiliates\"), the Online Affiliates have agreed to pay us certain affiliate or referral fees when Members purchase goods or services from such Online Affiliates through the Program website. No Contribution associated with any purchase from an Online Affiliate will be earned by you unless and until the associated affiliate has been paid by such Online Affiliate to us. For your convenience, we may post pending Contributions from Online Affiliates to your Program Account prior to the payment of the associated affiliate to us. We reserve the right to reverse the posting of any Contribution in the event the applicable Online Affiliate does not timely pay to us the associated Contributions. We reserve the right to change its offer with respect to the amount of the Contribution associated with any Online Affiliate at any time, but no such change will affect any Contributions earned prior to such change. Purchases from participating Online Affiliates made may not qualify if a separate coupon code or promotion is used. All offers are subject to the offer conditions as described in the Contributing Company's offer description.

We cannot guarantee that Online Affiliate Contributions will post to a Program Account if a Member is redirected to a mobile- or tablet-optimized website by an Online Affiliate. In the case of an Online Affiliate redirecting, you to another website for the purposes of marketing or to provide a mobile-optimized shopping experience, it is the sole responsibility of the Online Affiliate to retain the elements necessary for the Online Affiliate to identify your transaction as a result of the referral from us and allow for contributions to post to your Program Account.
We reserve the right to modify any offer at any time and without notice, whether to at the request of the Contributing Company, to correct erroneous information in an offer or otherwise.

13. Returning and rescinding contributions
In our sole discretion, we may deduct Contributions from your Program Account in order to make adjustments for returns and cancellations with respect to Qualifying Purchases. In the event that you have redeemed a Contribution from your Program Account and subsequently reverse the transaction with a Contributing Company that generated such Contribution, or otherwise are required to return the Contribution to the Contributing Company pursuant to the terms of the applicable offer, whether or not you are still participating in the Network, you will remain solely responsible for the repayment of the Contributions credited from such purchase, and we may apply future Contributions made for your benefit against such obligation and/or repay the amount of any such credited Contribution from your Network Account. In the event you fail to repay such amount, we reserve the right to take any and all legal action necessary to collect the reward amount from you, including but not limited to pursuing such claim in a court of law, employing a debt collection agency or reporting such claim to a credit reporting agency.

We expressly reserve the right to rescind Contributions and to bar further Contributions to, or terminate the membership of, any Member that we believe, in our sole discretion, is or previously has gamed, defrauded or otherwise abused the Program or Network, including, without limitation, by engaging in a pattern of returning products after the corresponding Contribution has been credited, making volume purchases in violation of the spirit of an offer, creating or attempting to create or otherwise participate in any market in Contributions, or engaging in or accepting any broad-based solicitation of Contributions.

14. Double Enrollment

Rakuten Card Linked Offer Network

There are no restrictions regarding enrollment of your Payment Card with respect to programs supported by Rakuten Card Linked Offer Network. As a result, as it relates to Rakuten Card Linked Offer Network, you may enroll your Payment Card in any, and all, programs operated by Rakuten Card Linked Offer Network including, but not limited to, Rakuten.com. Rakuten.ca and the FanCashPlus Card Link Program.

Rewards Network

There are no restrictions regarding enrollment of your Payment Card with respect to programs supported by Rewards Network. In some cases another program may change their terms and conditions and will result in a \"no double enrollment\" for the program. In this case your Payment Card may only be enrolled in one program, if this is the case, your card linked under FanCash+ may be deactivated. You may receive a notification or it may be listed in their terms and conditions so make sure you check before enrolling in another program. All Card Linked Offers to Payment Card holders enrolled with Rewards Network from participating merchants in the Rewards Network Program will require “Activation” prior to a transaction in order for the transaction to be a “Qualified Transaction” and therefore eligible for earning rewards. Activation means that the holder of the Payment Card must select and attach the offer to their Payment Card. The Activation may be done at the merchant level specific to a participating merchant or at the local dining category level for all relevant local participating merchants. Further, the Activation will expire after a period of time determined by Rewards Network for each participating merchant or at the category level. The number of redemptions allowed during that activation period will also be determined by Rewards Network. The rules governing Activation will be set forth clearly in a communication to the holders of Payment Cards.

15. Account adjustments
In the event of any abusive, gaming or fraudulent activity related to the Program or Network, as determined by us in our sole discretion, we reserve the right to make corresponding adjustments to your Program Account at any time. Any such adjustments, however, will be made in accordance with this Agreement, the Policies, any applicable laws, rules or regulations, and the terms of any Contributing Company offers.

16. Use of information
You acknowledge that in order to administer the Program and the Network, we will collect information about you and your purchases from Contributing Companies.

For online affiliate offers, you authorize Contributing Companies and their agents to disclose to us and/or the Program Sponsor any and all information with respect to your purchases from such Contributing Company.

In addition, by registering an eligible card, you hereby authorize us and our service providers (including the Rakuten Card Linked Offer Network, Inc. (\"RCLON\"), Rewards Network Establishment Services (“Rewards Network”) and Cardlytics ) to monitor and collect transaction data to match your offers and transactions to earn rewards at participating merchants with respect to the purchases made using such registered card. You authorize us to use any such information and to disclose such information (a) to comply with applicable law or regulations or requests, orders or subpoenas from courts of law or any regulatory, legislative or administrative bodies and/or (b) otherwise in accordance with the terms of the Privacy Policy. You represent that you are the account holder of any card you register in the Program and that you have full authority to register such card in the Program and to receive information about the transactions effected using such card. You authorize us to disclose such card, accounts and identifiers to affiliated and unaffiliated third parties for the purposes set forth in this paragraph.

Miscellaneous

17. Termination; Expiration or forfeiture of program accounts

This Agreement is effective when accepted by you, as described in the first paragraph of this Agreement, and will remain in effect and legally bind you and us until you or we terminate your membership in the Program. You may terminate your membership in the Program at any time in accordance with the procedures established on the Program website from time to time. We may terminate this Agreement without cause immediately after notice to you of such termination.
Upon any termination of this Agreement, your right to use and access the Program or the Network and to receive Contributions will terminate. Subject to the limitations set forth in this Agreement, termination will not prejudice either your or our remedies at law or in equity.

18. Certain disclaimers; Indemnification

Disclaimer of warranties.

(i) THE PROGRAM, PROGRAM WEBSITE, THE PAYMENT CARD NETWORKS AND NETWORK ARE PROVIDED ON AN \"AS IS, WHERE IS\" BASIS AND WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE MAKE NO WARRANTY AS TO THE QUALITY, ACCURACY, COMPLETENESS, OR VALIDITY OF ANY MATERIALS RELATED TO THE FOREGOING AND DO NOT WARRANT THAT THE FUNCTIONALITY OF THE FOREGOING WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE FOREGOING OR THE SERVER(S) THAT MAKE(S) THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

(ii) THE PROGRAM, PROGRAM WEBSITE, AND NETWORK MAY CONTAIN FACTS, VIEWS, OPINIONS, STATEMENTS, OR RECOMMENDATIONS OF THIRD-PARTY INDIVIDUALS AND ORGANIZATIONS. WE DO NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS, OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, RECOMMENDATIONS, OR OTHER INFORMATION DISPLAYED, UPLOADED, OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, STATEMENT, RECOMMENDATIONS OR INFORMATION WILL BE AT YOUR SOLE RISK. FURTHERMORE, NEITHER THE PROGRAM SPONSOR NOR WE WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE QUALITY OF, OR ACCURACY OF ADVERTISEMENTS FOR, ANY MERCHANDISE, PRODUCTS OR SERVICES OFFERED OR PROVIDED BY CONTRIBUTING COMPANIES OR SUPPLIERS IN CONJUNCTION WITH THE FOREGOING.

Exclusion of certain damages. We will not be liable for any damages, including indirect, special, incidental, punitive or consequential, regardless of the claim and whether we were advised of the possibility of such damages, arising out of or resulting directly or indirectly from: (i) any failure to screen users or Members; (ii) acts or omissions of any users or members; (iii) materials posted by, or of, any party other than the Program Sponsor or us or any use thereof; (iv) the accuracy, dependability, privacy, security, authenticity or completeness of data transmitted over or obtained using the Internet; or (v) any failure to perform any obligation hereunder, or from any delay in the performance thereof, due to causes beyond its reasonable control, including the elements, acts of God, labor disputes, acts of terrorism, acts of civil or military authority, fires, floods, epidemics, quarantine restrictions, failure or erratic behavior of telecommunications or power system, sabotage, armed hostilities, riots or government regulation of the Internet.
Indemnification. You agree to indemnify us, the Program Sponsor, the Payment Card Networks, and any Contributing Company, as well as their respective officers, directors, employees, successors or assigns, agents, and affiliates, for any and all claims, damages, losses and causes of action (including attorneys' fees and court costs) arising out of or relating to your breach of this Agreement (including without limitation relating to a breach by you of Section 5), or for any materials in any form whatsoever that are provided by you (or through your user ID and/or password). You agree to cooperate as fully as reasonably required, including making materials and/or personnel available, in our defense and/or settlement of any claim. We reserve the right, in our reasonable discretion, to assume exclusive control over the defense and settlement of any matter subject to indemnification by you.

19. Limitation of liability

NONE OF THE PROGRAM SPONSOR, ANY CONTRIBUTING COMPANY, THE PAYMENT CARD NETWORKS, OR US, OR ANY INVESTMENT PARTNER, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, OR AFFILIATES ARE RESPONSIBLE OR LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER INDIRECT DAMAGES OR FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE DAMAGES, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICE, THE INFORMATION CONTAINED ON THE PROGRAM WEBSITE, OR (EXCEPT IN THE CASE OF THE APPLICABLE CONTRIBUTING COMPANY OR SUPPLIER) ANY MERCHANDISE, PRODUCTS OR SERVICES OFFERED BY CONTRIBUTING COMPANIES OR SUPPLIERS IN CONJUNCTION WITH THE SERVICE, EVEN IF ANY SUCH ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS OUR LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
IN NO EVENT WILL THE PROGRAM SPONSOR'S, THE PAYMENT CARD NETWORKS, OR OUR TOTAL LIABILITY TO YOU FROM ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THE PROGRAM WEBSITE OR PARTICIPATION IN THE SERVICE, WHETHER IN CONTRACT, TORT, (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EXCEED THE REDEEMABLE VALUE OF CONTRIBUTIONS IN YOUR PROGRAM ACCOUNT AT THE TIME OF ANY SUCH CLAIM.

20. Electronic and oral communications

Member instructions. We may rely on your oral and electronic instructions. In addition, you consent to the monitoring and recording of your telephone conversations with us for training or compliance purposes or to provide a record of your instructions. You agree that we will not be liable for honoring oral instructions received from any person claiming to be you, provided normal Member verification procedures have been followed. We may follow any instructions received by electronic means through the Program website just as if you had given such instructions in person, regardless of whether or not you have personally initiated such instructions.
Communications. You consent to the receipt of all reports, transaction confirmations, account statements, correspondence and other information from us or the Program Sponsor electronically through either (i) access to your FanCash+ Program Account on the Program website or (ii) the email address provided by you. We will not be responsible for your inability to connect to the Internet or to access the Program website or otherwise not to receive electronic communications. Electronic communications are presumed to be delivered to and received by you when sent by us, whether actually received or not. You acknowledge that you have access to hardware and software meeting the system requirements set forth on the Program website necessary to receive from us correspondence and records in electronic form.

21. General

Governing law. The validity, construction and interpretation of this Agreement, and the rights and duties of the parties hereto, will be governed by and construed in accordance with the laws of the State of Delaware, excluding its conflicts of laws principles. Each party hereto agrees that all claims relating to this Agreement, the Program, the Program website or the Network will be heard exclusively by a state or federal court in Delaware. Accordingly, each party hereby consents to the exclusive jurisdiction of any state or federal court in the State of Delaware over any proceeding related to this Agreement, irrevocably waives any objection to the venue of any such court, and irrevocably waives any claim that any such proceeding in such a court has been brought in an inconvenient forum.
Assignment. You may not assign your rights and obligations under this Agreement, in whole or in part, without our prior written consent, and any such assignment without such consent will be null and void and without force or effect. We may assign our respective rights and obligations under this Agreement, in whole or in part, without your consent. This Agreement will inure to the benefit and burden of the parties hereto and their respective permitted successors and assigns.
Notices. Any notice by one party hereto to the other will be in writing (which may include email) and either personally delivered, delivered by Internet email, or sent via reputable overnight courier or certified mail, postage prepaid and return receipt requested. Notices will be sent to you at the Internet email address or the mailing address specified on your registration form and to Affina Inc, 240 Devonshire Street Suite 4210, Boston, MA, 02110 Attn.: FanCash+ Customer Support, or any other address of which either party hereto may from time to time notify the other in accordance with this Section. All notices will be in English and will be deemed effective on the date of personal delivery, upon confirmation of email transmission, upon signed receipt from an overnight courier, or ten (10) days after deposit with the U.S. Postal Service.
No waiver; Severability. The waiver by either party hereto of a breach or default of any provision of this Agreement by the other party hereto will not be construed as a waiver of any succeeding breach or default of the same or any other provision, nor will any delay or omission on the part of either party hereto to exercise or avail itself of any right, power or privilege that it has, or may have hereunder, operate as a waiver of any right, power or privilege by such party. If any provision of this Agreement is held to be invalid, such invalidity shall not affect the remaining provisions, which shall remain in full force and effect.
Relief. You acknowledge and accept that any breach of Section 5 (No Unauthorized Use) above is likely to irreparably harm us and will not be susceptible of cure by monetary damages. Consequently, if you breach any provisions of Section 5 above, then we will be entitled to obtain injunctive or other equitable relief in addition to any remedies it may have at law.
Third-party beneficiary. Each Contributing Company is hereby expressly made a third-party beneficiary of this Agreement and may enforce the terms of this Agreement directly against you.
Entire agreement. This Agreement represents the entire agreement of the parties hereto with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or representations, written or oral, concerning the subject matter hereof (including without limitation, earlier versions of this Agreement that may have been accepted by you through the Program website or otherwise). We reserve the right to modify this Agreement at any time. Your non-termination and continued membership in Program after notice of any modification of this Agreement will constitute affirmative acceptance by you of such modification and your consent to abide by any terms thereof. You acknowledge that the most recent version of this Agreement will be located on the Program website. No other act, document, usage or custom will be deemed to amend or modify this Agreement.
FanCash program rules. All FanCash program rules apply. Your continued membership in the Program after any modification of this Agreement or the rules of the FanCash program will constitute affirmative acceptance by you of such modification and your consent to abide by any terms thereof until such time as you affirmatively give notice of termination of your membership in the Program. You acknowledge that the most recent version of this Agreement will be located on the Program website. No other act, document, usage or custom will be deemed to amend or modify this Agreement.
FanCash accrued, awards, and benefits issued are subject to change and are subject to the rules of the Fanatics FanCash program (the \"FanCash Program\"), which are expressly incorporated herein. Please allow 45-75 days after completed qualifying activity for FanCash to post to your FanCash account. Fanatics may change the FanCash Program including, but not limited to, rules, regulations, and special offers or terminate the FanCash Program at any time and without notice. Fanatics and its subsidiaries, affiliates and agents are not responsible for any products or services of other participating companies and partners. All calculations made in connection with the FanCash Program, including without limitation with respect to the accumulation of FanCash, will be made by Fanatics at their discretion and such calculations will be considered final. Information in this communication that relates to the FanCash Program does not purport to be complete or comprehensive and may not include all of the information that a member may believe is important and is qualified in its entirety by reference to all of the information on the fanatics.com website and the FanCash Program rules. FanCash is a registered service marks. For complete details about the FanCash Program, go to fanatics.com.

IN-STORE TERMS AND CONDITIONS AND PRIVACY STATEMENT

Affina Inc. (\"Rethink Loyalty “) operates a service on behalf of FanCash+ enabling you to enroll a payment card in order to earn rewards or benefits when you make qualifying transactions at participating merchants (\"Service\").

You accept these terms when you enroll a card in the Service. Rethink Loyalty may add to, change, or remove any part of these terms from time to time. If Rethink Loyalty changes any material terms that would have a material adverse effect on your rights as they are presented to you in these terms, Rethink Loyalty will notify you via email or through other reasonable electronic means. Your continued participation in the Service, including receiving benefits and rewards when you make a qualifying transaction at participating merchants, constitutes your acceptance of any changes to these terms.

To receive benefits and rewards through the Service, you must enroll a valid, eligible credit or debit card with the Service. Rethink Loyalty leverages the transaction matching technology provided by the Rakuten Card Linked Offer Network, Inc. (\"RCLON\" and together with Cartera, \"we\" or \"us\") Rewards Network Establishment Services (“Rewards Network”) and Cardlytics to provide you the Services. By enrolling a card in the Service, you agree that your payment card network (e.g., MasterCard, American Express, Visa) may monitor transactions on your enrolled card at participating merchants and share Transaction Data (defined below) with us for the purposes of determining whether you have made a qualifying purchase and providing you targeted offers (Transaction information provided by Mastercard will not be used to personalize/target offers). Transaction Data include, but are not limited to, merchant name, merchant location or other store identifier, transaction date, transaction amount, and the last 4 digits of your payment card.

You may remove your payment cards from the Service at any time by login into your account on FanCash+ and visiting” My Activity” choose your “linked card” that you wish to delete and follow the prompts to delete it. When you do so, we will no longer receive future Transaction Data associated with your payment card, but we will retain historical Transaction Data to track rewards and benefits due under the Service and for account management and customer service purposes.

Card and Transaction Eligibility

The Service is limited to payment card transactions that are processed through the payment card networks. If a payment card transaction is processed outside one of the payment card networks with which we are integrated, we will not receive the Transaction Data and we will not be able to match it with an offer. Payment cards that are not eligible for use with the Service include, without limitation, corporate and purchasing cards, Health Savings Account (HSA) cards, Flexible Spending Account (FSA) cards, government-administered prepaid cards (including EBT cards), insurance prepaid cards, and Visa Buxx.

Not all merchant locations or transactions with your enrolled card may be eligible for benefits and rewards, including PIN-based purchases, payments made through third-party digital wallets or payment apps other than Apple Pay®, and other transactions not processed through the payment card network's own system. Do not use a Personal Identification Number (PIN) when paying for your purchases with your enrolled card if you want the transaction to qualify for rewards or benefits under the Service.

Not all transactions with your registered Visa, Mastercard and American Express card are tracked by Visa, MasterCard and American Express.

You acknowledge that Visa, MasterCard, and American Express may be unable to monitor every transaction made with your enrolled Visa, MasterCard, or American Express card, including PIN-based purchases, purchases you initiate through identification technology that substitutes for a PIN, payments made through other payment methods (such as a digital wallet or a third party payment app, where you may choose your Visa, MasterCard, or American Express card as a funding source but you do not present your card directly to the merchant), payments of existing balances, balance transfers, or transactions that are not processed or submitted through the Visa U.S.A, MasterCard , and American Express payment systems, and that these transactions are not eligible.

If you register a debit card, your transactions must be processed as a “credit” (i.e., signature) transaction to make sure the transaction can be monitored. Do not use a Personal Identification Number (PIN) when paying for your purchases with your enrolled card if you want the transaction to qualify for rewards or offer completion under this Service.

You expressly authorize Fanatics, Inc. (\"Fanatics\") and Rethink Loyalty (Fanatics' service provider) to originate credit transfers to Fanatics FanCash Account.

By sharing this information, you are authorizing RCLON, Rewards Network, Cardlytics and Rethink Loyalty to receive and review your purchase information for the purpose of verifying that you have earned rewards.

You also acknowledge and agree that RCLON, Rewards Network and Cardlytics, may share details of your qualifying transactions with Fanatics, Rethink Loyalty and merchants to support the program in accordance with the FanCash+ Card Linked Offer Terms and Conditions and Privacy Policy.

Data Sharing and Usage

In order to operate the Service, we may share and use payment card and Transaction Data in order to:

Provide information about your enrolled card to payment card networks so they may monitor transactions on your card at participating merchants for the purpose of the eligible rewards associated with the program.
Receive Transaction Data from payment card networks for enrolled cards at participating merchants in order to determine qualifying transactions and provide you with benefits and rewards. Such data may also be used to target offers that may be of interest to you in the future.
Analyze Aggregated Transaction Data to create performance reports that may be shared with merchants, and their agents. These analyses may also be used to support general marketing to encourage consumers to enroll in the Service. Any disclosure of information meets the appropriate approved disclosures of the Card Linking Services contracts.
Provide Transaction Data to participating merchants or their agents in order to validate qualifying transactions and assess the results of specific campaigns.
Share aggregated and obfuscated Transaction Data with Fanatics in the form of reporting on aggregate data and trends, to assess program performance.

Information Disclosed for Our Protection and the Protection of Others

We cooperate with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of BOON or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, illegal, unethical or legally actionable activity.

License to the Service

Subject to these terms, Rethink Loyalty grants you a limited, non-exclusive, and revocable license to access and use the Service. Rethink Loyalty (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.

Limitations on Liability

You agree that we are not responsible or liable for the availability, accuracy, content, reliability or advertising of the merchandise or services of participating merchants. UNDER NO CIRCUMSTANCES WILL WE OR OUR AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS (INCLUDING PAYMENT CARD NETWORKS OR PAYMENT PROCESSORS) BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OR RELATED TO THE PROGRAM, EVEN IF PROGRAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL WE OR OUR AFFILIATES', CONTRACTORS', EMPLOYEES', AGENTS', OR THIRD-PARTY PARTNERS' OR SUPPLIERS' (INCLUDING PAYMENT CARD NETWORKS' AND PAYMENT PROCESSORS') TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED US$50.

Privacy, Security and Information Collection

As a condition of using the Service, you agree that we have the right to collect, retain, and use information collected in your use of the Service. Your payment card information will be encrypted and stored in the Service's databases.

Electronic Communications

You agree that we may communicate with you by means of electronic communications regarding these terms, the Service, payment card information, and any other matter relating to your use of the Service.

Termination

We reserve the right, at any time, to modify or discontinue offering the Service in our 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. You agree that we will not be liable to you or to any third party for any modification, suspension, or termination of the Service.

Service Limitations, Qualifications & Disclaimers

Enrollment in the Service is limited to individuals who are 18 years of age or older. Enrollees may not use scripts or disguised redirects to derive financial benefit from the Service.

Any failure to comply with these terms, any fraud or abuse relating to the accrual or receipt of benefits and rewards, or any misrepresentation of any information furnished to Rethink Loyalty or its affiliates by you or anyone acting on your behalf may result in the termination of your enrollment in the Service and forfeiture of your benefits and rewards.

The Service is being provided to member \"AS-IS\" with no warranty. We reserve the right to terminate the Service at any time with or without notice. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE AND OUR AFFILIATES, LICENSORS AND SUPPLIERS (INCLUDING PAYMENT CARD NETWORKS AND PAYMENT PROCESSORS) EXPRESSLY DISCLAIM ANY WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE AND OUR AFFILIATES, LICENSORS AND SUPPLIERS (INCLUDING PAYMENT CARD NETWORKS AND PAYMENT PROCESSORS) DO NOT WARRANT THE DATA, CONTENT, ANALYTICS, FEATURES, OR INFORMATION PROVIDED THROUGH THE PROGRAM, INCLUDING WITHOUT LIMITATION TRANSACTION DATA OR USER SUBMISSIONS OR OTHER DATA PROVIDED BY OTHER USERS, TO BE UNINTERRUPTED, ACCURATE, USEFUL, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS.

You agree to indemnify and hold Affina, FANATICS, FanCash+, RCLON, Rewards Network, Cardlytics., the payment card networks, and each of their 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 enrollee's use of the Service.

These terms 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 Service, you (the enrollee) 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 these terms 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. Rethink Loyalty ‘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. These terms constitute the entire agreement between you and Rethink Loyalty with respect to the Service.

In-Store Offers

We may offer you the opportunity to earn rewards on purchases made 'in-store' at certain retailers (\"In-Store Offer Program\"). You may redeem in-store offers by linking an eligible payment card to an in-store offer and subsequently using such payment card to complete a transaction at participating merchant stores. Please note that not all cards are eligible, and that not all transactions can be monitored see additional FanCash+ terms and conditions for full card, offer and transaction eligibility details. If you are using a linked debit card, your transaction must be processed as a “credit” transaction to make sure the transaction can be monitored. Do not use a Personal Identification Number (PIN) when you are paying for your purchases with your enrolled card if you want the transaction to be eligible for rewards or offer completion. Your participation in the In-Store Offer Program is subject to the In-Store Program Terms & Conditions and Privacy Policy. We use a service provider (Rakuten Card Linked Offer Network, Inc. , Rewards Network, and Cardlytics.) to provide the transaction matching services that enable us to match your 'in-store' transactions made on your linked payment card and calculate your rewards. By submitting and linking your payment card to an In-Store Offer, you acknowledge and agree that you are permitting your payment card network (e.g., MasterCard, Visa, or Amex) to monitor and share transaction data with us and our service providers in accordance with the In-Store Program Terms & Conditions and Privacy Policy.

Updated May 2025