TERMS OF SERVICE
MEMBER REGISTRATION OBLIGATIONS
You certify that any and all information provided during the registration process (“Registration Data”) is true, accurate, up to date and complete. You also agree to update and maintain Registration Data so that it is true, accurate, up-to-date and complete. NFS reserves the right to suspend or terminate your account, in whole or in part, or prohibit your further use of the Service, at any time. By posting your NFS Links on another platform, such as Facebook, Twitter, or Tumblr, you agree to abide by the terms and policies set by that platform for such kinds of content. For purposes of this TOS, each such platform and any website in which you embed a NFS link is a “Platform.”
MEMBER ACCOUNT, PASSWORD, AND SECURITY
Upon completing the registration process, you will receive a password and account ID. You and you alone are solely responsible for maintaining the confidentiality of your password and information associated with your account that you desire to remain confidential. You also agree that you are responsible for any and all activities that may take place, or occur under your password and account. You further agree to notify NFS in the event your password or account has been used without the proper authorization or there are other breaches of security of which you become aware. NFS will not be responsible or liable for any loss or damage incurred due to, or later arising from, your failure to notify NFS or comply with this section. NFS prohibits the sale or transfer of control of any NFS account by the registered account holder to any other individual or party.
You agree to indemnify and hold harmless NFS, its affiliates, officers, agents, partners, and employees from any claim, action, demand, loss or damages (including attorneys’ fees) made or incurred by any third party arising out of or relating to your or your Platform users’ usage, marketing or distribution of NFS links and promotional efforts for the brands and products listed on NFS, as well as for your violation of any rights of a third party.
LIMITATION OF LIABILITY
- The Service and the Software are made available to you for your convenience on an “as is” and “as available” basis. NFS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR WARRANTIES (INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY OPERATION, QUALITY OR RELIABILITY OF THE SERVICE, OR NON-INFRINGEMENT REGARDING THE USE OR THE RESULTS OF THE USE OR THE CONTENTS OF THE SERVICE OR THE NFS SOFTWARE (“Software”). NFS does not warrant or represent that the Software will be free of all viruses. You understand that the Service and the Software are still alpha/beta versions and may not perform with complete functionality, may be undergoing testing, may be inconsistently available, may have software “bugs” and may have other issues affecting availability and functionality. In addition to all other disclaimers and limitations of liability contained in this TOS, you specifically agree that NFS is not liable for any of the above issues. Moreover, you understand that NFS does not warrant or represent that the Service and/or the Software will work on all mobile phones, will be compatible with all mobile phone networks and/or will be available in all geographical areas.
- NFS SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, WHETHER DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL, ARISING OUT OF THE USE OF OR THE INABILITY TO USE THE SERVICE OR THE SOFTWARE, OR THE RESULTS OR THE CONTENTS THEREOF, TO THE GREATEST EXTENT PERMITTED BY LAW.
- If you are dissatisfied with the Service or the Software, or have any other disputes or claims with or against NFS with respect to the Service or the Software or this TOS, then your sole and exclusive remedy is to discontinue using the Service and/or the Software.
You shall not, and shall not authorize or encourage any third party to:
- Directly or indirectly generate queries, Referral Events , or impressions of or clicks on any NFS Link through any automated, deceptive, fraudulent or other invalid means, including but not limited to repeated manual clicks, the use of robots or other automated query tools and/or computer generated search requests, and/or the unauthorized use of other search engine optimization services and/or software;
- run any paid search engine advertising campaigns that directly or indirectly promotes any brand on NFS;
- edit, modify, filter, truncate or change the order of the information contained in any NFS Link;
- frame, minimize, remove or otherwise inhibit the full and complete display of any Web page accessed by an end user after clicking on any part of a NFS Link;
- redirect an end user away from any Advertiser Page or provide a version of the Advertiser Page that is different from the page an end user would access by going directly to the Advertiser Page;
- create or display NFS Link(s) for/on any web page or any web site that contains any hate-related, violent, pornographic, adult or illegal content;
- directly or indirectly access, launch, and/or activate NFS Links in any software application, web site, or other means other than those on your Platforms and then only to the extent expressly permitted by this Agreement;
- “crawl”, “spider”, index or in any non-transitory manner store or cache information obtained from any NFS Link;
- disseminate malware;
- create a new account to use NFS after NFS has terminated this Agreement with You as a result of your breach of this Agreement;
- create a new account in order to obtain member referral rewards;
- engage in any action or practice that reflects poorly on NFS or otherwise disparages or devalues NFS’s reputation or goodwill;
- attempt to artificially generate clicks on your NFS Links using automated software or by explicitly asking people to click on your NFS Links;
- break any laws or willfully violate the terms and conditions of any of the platforms we work with now or in the future, including Twitter, Facebook, Pinterest, Tumblr and YouTube;
- use a brand’s trademark terms or logos on any web pages, social media pages, domain names, or other online properties without express written permission from the brand, excluding posting of deals on your own social media timelines via NFS sharing links;
- attempt to disintermediate content publishers or advertisers from the NFS service;
- act in any way that violates this TOS or any binding policies posted on the NFS Web Site, as may be revised from time to time, or any other agreement between You and NFS.
FTC ENDORSEMENT GUIDELINES
You acknowledge that you have read and will abide by the following guidelines – FTC Guides Concerning the Use of Endorsements and Testimonials in Advertising.
You acknowledge that any violation of any of the applicable FTC guidelines is a material breach of this TOS and that we may pursue any and all applicable legal and equitable remedies against You, including an immediate suspension or termination of Your account. You also acknowledge that once an account is suspended or terminated, all pending earnings on that account will be forfeited.
EARNINGS & REWARDS ON NFS
You agree to provide NFS with the information necessary to enable remittance of your NFS earnings. This information includes:
- Tax ID information of the account holder
- Legal name of the account holder
- Address of the account holder
- e-mail address of the account holder
Rewards will appear in your account as they are earned, but will not be available for payment to the account holder until payments have been received from the Advertiser. (Typically 30-90 days). Some advertisers, especially travel advertisers, have longer lead times for validating transactions, which may lead to delays in reward availability. You will not be rewarded for merchandise that later results in a return or chargeback to the merchant. Accounts generating a large amount of returns or chargebacks may be suspended immediately without notice. NFS reserves the right to withhold payments and to terminate the accounts of any member who is fraudulently using the platform, abusing or gaming the platform or suspected of violating any laws. Should you be rewarded for transactions that are subsequently returned or charged back, you will be billed for and are legally obligated to return those rewards. All payouts will be charged a 10% processing and services fee starting in March of 2019. All NFS cash rewards payments are sent exclusively via PayPal. NFS will send out an email to your address on file if there is an issue sending your payment via PayPal or your payment is returned by PayPal. If you do not respond to this email indicating that your PayPal issues have been resolved, your cash rewards will be considered abandoned after one year from the origional transaction date.
NFS does not guarantee any percentages or payouts by the brands and stores listed on the site. The brands and stores have the ability to adjust these rates or list specific items on their sites as non-commissionable. NFS passes through all of the cash rewards directly attributable to our members purchases and recommendations based on the tracking provided by the stores and brands. NFS is not responsible for any tracking errors, but will do our best to help research any issues directly with the partner stores and brands listed on the site
In order to be paid for referral transactions, all inbound links must link to the NFS deal pages provided and the referring customer must click on a NFS “shop now” link to activate tracking. Any attempts to bypass the NFS landing pages will result in non-payment of transactions, and possible termination of your NFS account.
CHANGES TO NFS
From time to time, NFS may send notices to you via email or regular mail, or display notices or links to notices on the Service. We encourage you to read these notices and check for them on a regular basis, because these notices will apply to you and your account immediately upon posting, whether or not you actually review them.
We are continuously developing the features and functionality of NFS. Consequently, we reserve the right to modify the TOS at any time at our sole discretion. You agree to be bound by such alterations when you use NFS and the alterations shall be effective at the time of posting on NFS. It is important that you review the TOS regularly on NFS to ensure you are updated on any modifications to these terms.
If you are dissatisfied with or do not agree to abide by any modified TOS, your sole remedy is to close your account on NFS and discontinue use of our links and Service. If you close your account, NFS Links associated with your name will be marked as Anonymous and be disassociated from your account. All user statistics will be reset on removal of your account.