CouponSurfer Card Linking Terms of Use

These terms of use ("Terms") are a contract between you and CouponSurfer, Inc (collectively, "CouponSurfer", "us", "we" or "our"). These Terms apply to and govern CouponSurfer Rewards and your participation in the CouponSurfer Rewards program. By enrolling in the CouponSurfer Rewards program you acknowledge that you have read, understood, and agree to be bound by the following Terms. We may amend any part of these Terms from time to time as further described below. The Terms constitute the entire agreement between you and CouponSurfer related to CouponSurfer Rewards.

1. CouponSurfer Rewards Overview

The CouponSurfer Rewards program enables you to receive cashback in the form of credits issued to your registered payment card when you make a Qualified Purchase at participating merchants as further described below. A "Qualified Purchase" is a purchase from a participating merchant using your registered card in accordance with the terms of the Offer and these Terms. An "Offer" is the cashback percentage or amount offered by the merchant, which may include, but not limited to, a minimum transaction amount, expiration date, any other additional terms or limitations associated to the offer.

2. Registration

The CouponSurfer Rewards IS NOT AVAILABLE TO PERSONS UNDER THE AGE OF 13 OR TO ANY USERS SUSPENDED OR REMOVED FROM THE CouponSurfer Rewards program. BY USING THE CouponSurfer Rewards, YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE CouponSurfer Rewards program.
SUBJECT TO YOUR COMPLIANCE WITH THESE TERMS AND ALL APPLICABLE LAWS, CouponSurfer grants you permission to access and use the CouponSurfer Rewards program solely for your personal use, at the level for which you have registered, as set forth in these Terms and consistent with the intended features of the CouponSurfer Rewards.
In order to use the CouponSurfer Rewards program, you must have a CouponSurfer member account in good standing and you must enroll a valid, eligible credit or debit card by submitting your card information that CouponSurfer requests. You agree that the information you provide to CouponSurfer on registration and at all other times, will be true, accurate, current, and complete, and that you will keep this information accurate and up-to-date at all times and you represent and warrant that you are authorized to use the payment card that you submitted.
By registering for or interacting with the CouponSurfer Rewards you represent that you have read and accepted the terms of the CouponSurfer Privacy Policy.

3. Transaction Monitoring

By registering a payment card in connection with transaction monitoring, you authorize CouponSurfer to share your payment information with CouponSurfer’s Third Party Service Providers (including Empyr, Inc.) and payment card network (e.g., Visa, MasterCard, American Express) ("Payment Card Network") so it knows you enrolled. You authorize the Payment Card Network to monitor transactions on your registered card(s) to identify Qualifying Purchases in order to determine whether you have qualified for or earned an offer linked to your payment card, and for the Payment Card Network to share such transaction details with Empyr and for Empyr to share such transaction details with CouponSurfer to enable your card-linked offer(s) and target offers that may be of interest to you. You may opt-out of transaction monitoring on the payment card(s) you have registered here.

4. Card Eligibility

Not all Visa, MasterCard and American Express cards are eligible for registration and not all transactions with your registered Visa, MasterCard and American Express card are tracked by Visa, MasterCard and American Express. Without limitation, Visa, MasterCard and American Express Corporate cards, Visa, MasterCard and American Express Purchasing cards, non-reloadable prepaid cards, government-administered prepaid cards (including EBT cards), healthcare (including Health Savings Account (HSA) or Flexible Spending Account (FSA) or insurance prepaid cards, Visa Buxx, Visa-, MasterCard-, and American Express-branded cards whose transactions are not processed through the Visa U.S.A payment system, MasterCard payment system, and/or American Express payment system are not eligible to participate.

5. Transaction Eligibility

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.

6. Debit Instructions

If you register a debit card, your transaction 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 be eligible for rewards or offer completion.

7. Double Enrollment Restrictions

Please note that we use Empyr as our service provider to help us operate our program. Your payment card may only be enrolled in one program operated by Empyr. If you have already enrolled a payment card with a separate program operated by Empyr, you will be unable to register that card in both CouponSurfer Rewards and the other Empyr-operated program. You may enroll another payment card in CouponSurfer Rewards or deactivate your card in the other Empyr– operated program.”

8. Statement Credits

Statement credits will not appear or be reflected on your transaction receipt from the Merchant at the time of purchase, and will instead be reflected on your periodic card statement. Subject to eligibility verification and settlement of the Qualifying Transaction, statement credits will typically appear on your card statement approximately 30 days after the qualifying transaction but may be subject to delays.
Statement credits cannot be processed if your card number expires or changes while the statement credit is pending and not settled, or your card account is not open or in good standing. You may not receive a statement credit if it is not posted by your card issuer Empyr, the applicable card network, and your issuer have no responsibility or liability for the failure of a statement credit to be posted, or for any finance or other charge, or impact on any rewards, feature, or term of your account resulting from the statement credit.
In no event shall the applicable card network be considered as maintaining any type of financial obligation or deposit or other asset account, or holding funds or other value for you for distribution to you. Any pending statement credits and any associated dollar values represent offer fulfillment amounts in process owed by the applicable merchant, and not your funds or balances maintained or held by the payment card network or Empyr.

9. Opt Out of the Program/Unlink a Card

Go to Manage Cards.
Click on Remove Card
Confirm you want to delete the card
You must repeat this process for every card you wish to delete

10. Offer Detail Disclosures

There is a $250 cashback limit per transaction.

11. Modification of Terms

From time to time, CouponSurfer may change, modify, add, or remove portions of the Terms, and reserves the right to do so in its sole discretion. If we modify the Terms, we will make them available through the CouponSurfer Rewards program, and indicate the date of the latest revision. We encourage users to review the Terms periodically for changes. In the event that the modifications materially alter your rights or obligations hereunder we will make reasonable efforts to notify you of the change. For example, we may send a message to your email address we have one on file, or generate a pop-up or similar notification when you access the CouponSurfer Rewards program for the first time after such material changes are made. All amended Terms automatically take effect 30 days after they made available through the CouponSurfer Rewards, except that (i) disputes between you and CouponSurfer will be governed by the version of the Terms that was in effect on the date the dispute arose and (ii) if you do not agree with any changes to the Terms, you may terminate these Terms by ceasing use of the CouponSurfer Rewards program. Your continued use of the CouponSurfer Rewards after revised Terms have become effective indicates that you have read, understood and agreed to the current version of the Terms.

12. Disclaimers; No Warranties.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CouponSurfer AND ITS AFFILIATES, LICENSORS AND SUPPLIERS (INCLUDING PAYMENT CARD NETWORKS OR THIRD PARTY SERVICE PROVIDERS) EXPRESSLY DISCLAIM ANY WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, AND NON-INFRINGEMENT. CouponSurfer AND ITS AFFILIATES, LICENSORS AND SUPPLIERS (INCLUDING PAYMENT CARD NETWORKS AND PAYMENT PROCESSORS) DO NOT WARRANT THE DATA, CONTENT, ANALYTICS, FEATURES, OR INFORMATION PROVIDED THROUGH THE CouponSurfer Rewards, 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.

13. Limitation of Liability and Damages.

UNDER NO CIRCUMSTANCES WILL CouponSurfer OR ITS 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 CouponSurfer OR ITS 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 PROGRAM (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) THE AMOUNT PAID TO YOU, IF ANY, FOR ACCESSING THE CouponSurfer Rewards DURING THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM.

14. Termination

By CouponSurfer. You agree that CouponSurfer, in its sole discretion and for any or no reason, may terminate any account (or any part thereof) you may have with CouponSurfer or use of the CouponSurfer Rewards and remove and discard all or any part of your account or any content uploaded by you, at any time. CouponSurfer may also in its sole discretion and at any time discontinue providing access to the CouponSurfer Rewards, or any part thereof, with or without notice. You agree that any termination of your access to the CouponSurfer Rewards or any account you may have or portion thereof may be affected without prior notice, and you agree that CouponSurfer will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the CouponSurfer Rewards may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies CouponSurfer may have at law or in equity. Sections that by their terms apply after it ends will survive any termination or cancellation of these Terms.

15. Laws and Jurisdiction

These Terms of Use shall be governed by and construed in accordance with the laws of the Commonwealth Massachusetts, excluding its conflicts of laws rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of the Site shall be the state or federal courts located in the Commonwealth of Massachusetts, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action unless agreed in writing otherwise by the parties. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision will be reformed to the minimum extent necessary to make it valid and enforceable, or, if not capable of reformation, will be deemed severable from these Terms, and will not affect the validity and enforceability of any remaining provisions. The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, including by operation of law or otherwise, but may be assigned by CouponSurfer without restriction.

16. Third-Party Sites

The CouponSurfer Rewards program may include links or content relating to third party websites, or services while participating in the CouponSurfer Rewards. CouponSurfer is not responsible for third-party websites, services, or content available through those third-party websites or services. Your correspondence or business or other dealings with advertisers or other third party service providers encountered on or through the CouponSurfer Rewards is solely between you and such third party. Your use of third-party websites or services may be subject to that third-party's terms and conditions. You agree that CouponSurfer will not be responsible or liable for any loss or damage of any sort incurred as a result of such dealings or as the result of the presence of such third party sites.