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Boostapal Student Member Agreement
General Terms
This is the User Agreement for Boostapal.com (“BAP”). The term “Member”, “you” “student”, “student member” refers to an individual full-time student. A student who signs up with BAP becomes a member and enters willingly into this agreement. Before you can use the BAP website or participate in the BAP Program, you must read and accept all of the terms and conditions of this Agreement and the Privacy Policy. This Agreement sets out the terms of your use of the BAP Program. In the event of any inconsistency between the Privacy Policy and this Agreement, this Agreement shall control.
Program Overview
The BAP Program allows student members of BAP to generate traffic to BAP through a qualified link provided by BAP and receive a boost when a qualifying purchase is made with any of our affiliate merchants. A boost is a dollar amount given to a student when a qualifying purchase is made through a qualified link at the BAP mall. Boosts are paid by Paypal or bank check and are a percentage of the total qualifying sales price excluding shipping, handling and tax.
A Booster is an individual who makes a qualifying purchase through a qualified link that was supplied by a student member. A"BAP merchant", “affiliate merchant” or “participating merchant” is any merchant currently participating as a merchant in the Mall at www.Boostapal.com.
No Cost to participate
There is no cost to participate in this program. BAP offers a boost by working with online retailers utilizing affiliate marketing.
Eligibility
A BAP member must be at least 13 years old and a full time student no older than twenty five years of age. Members may not have more than one account and are prohibited from selling, trading, or otherwise transferring their BAP account to another party. Members are prohibited from receiving boosts resulting from their own purchases. Using BAP to receive “cash back” on purchases is not permitted and will result in termination from the program and forfeiture of all balances in the student’s BAP account.
Boostapal services are not currently available to individuals residing in the EU.
BAP boosts
BAP boosts will usually be posted to your account within three days of a qualified purchase. However, each merchant is different and as a result it may take up to thirty days for the boost to post. Once posted, for a period of up to one hundred twenty one (121) days your account will refer to the BAP boost as "Pending." This time period is in accordance with the participating merchant's right to reverse a transaction for return, cancellation or other purposes. After this period expires your boost will be removed from pending status.
Requesting boosts: You may request to receive BAP boosts once your account has accumulated at least $10.00 either electronically through PayPal, or by standard bank check. The first request must be processed by check and must be mailed to a valid United States address. The currency of all payment will be in U.S. Dollars. Members are responsible for redeeming boosts. There is no automatic or periodic redemption.
Non Member specific boosts – Community boost fund
Nearly all of the merchants on our site allow Boostapal to track purchases to specific boosters so that a boost may be forwarded to the booster’s student(s). A limited number of merchants agree to pay Boostapal a commission but do not permit us to track and link a booster’s purchase to his student(s). This prevents us from directing a boost from a booster’s purchase to his student(s). These merchants are labeled “Community Boost Merchant.”
We place at least 50% of the commission Boostapal receives from these merchants into the Boostapal Community Boost Fund and distribute the contents to all student members four times per year (March, June, September, December).
To help insure fairness, the fund will be distributed based on each student’s boosters’ participation in Boostapal. Each student’s share of this fund will be based on the total available boosts that the student received during that quarter as a percentage of the total available boosts received by all students during the quarter. For example, if a student received $100 in available boosts during at quarter and the total available boosts received by all students was $1000 during the same quarter the student will receive10% of the amount in the community boost fund.
Also, individuals who use the Boostapal mall but are not members will still generate a boost with each purchase. We place at least 50% of the commission Boostapal receives from these merchants into the Boostapal Community Boost Fund and distribute the contents to all student members four times per year (March, June, September, December).
Using the BAP mall
To receive boosts on purchases, the member’s network booster must start each shopping session at the Mall at www.Boostapal.com and your booster must have cookies enabled on his/her web browser. Also, the following must occur:
Common reasons why a purchase may not qualify for a boost include:
All of a member’s boosts may be disqualified, at the sole discretion of BAP, if the member or his booster attempts (1) to use BAP through any means other than through participating sign-up pages; (2) to disrupt BAP and/or circumvent the terms and conditions of this Agreement; (3) to use automated means to create entries/registrations; (4) register on behalf of another person; (5) provide false or unverifiable information to Boostapal.com; (6) sign up multiple times. And, if any of the above or other attempts to defraud advertisers or BAP occur, BAP reserves the right to remedy any such action, disruption or circumvention in a manner, determined solely by BAP that is fair and equitable to other members, advertisers, and nonprofits. BAP may not give notice in such an instance.
Boost exceptions:
Occasionally purchases at our affiliate merchants' websites will not generate commissions for Boostapal. These may include, but are not limited to, gift certificates, gift cards, and other items determined by the merchant. Boostapal can not pay boosts on purchases that do not generate a commission for Boostapal or for which a merchant cancels a commission. However, Boostapal will, without exception, always disburse at least 50% of the commissions it receives as boosts.
Member Responsibilities and designation
You are responsible for maintaining accurate account information at all times, including valid email address information. You are responsible for keeping your email address, password and all other information concerning your account confidential. BAP is entitled to act on instructions received under your username and password. BAP is not responsible for any credits or debits made to your account by someone else who uses your username or password. BAP will not be responsible for any losses or liabilities incurred through the use of your password by a third party.
You are also responsible for reviewing your account balance on a regular basis, and for checking to ensure that all BAP boosts have been properly credited to your account. If a discrepancy occurs in your BAP account, such as a boost not being credited to your account you must contact BAP customer support within sixty (60) days of the purchase/order date from an affiliate merchant or the boost shall be deemed to be accurate and you waive any right to dispute the boost. BAP shall review the dispute with the corresponding participating merchant. BAP’s determination of the dispute shall be final.
Boostapal is not responsible for changes to, or discontinuance of, any affiliate merchant, or any affiliate merchant withdrawal from the program, or for any effect on accrual of boosts caused by such changes, discontinuance, or withdrawal.
BAP performs a service for its members and member boosters, and is not qualified to offer tax advice on any of the boosts directed to a Booster’s student members. You may be taxed on your receipt of these boosts, depending on the tax laws of federal, state, and/or local jurisdictions. Boostapal 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 receipt of these boosts.
A member agrees no joint venture, partnership, employment, or agency relationship exists between you and BAP as a result of this Agreement or use of the BAP Program. Boostapal is not responsible for withholding, and shall not withhold or deduct from commissions, taxes of any kind. It is a Member’s responsibility to pay all local, state, and federal taxes, if any, on any income generated through participation in Boostapal.com.
Termination and Modification
You agree that BAP may terminate your membership, account and access to the BAP Program for a breach or violation of this Agreement or other agreements or guidelines referred to herein. Termination for a breach or violation of this Agreement shall result in the forfeiture of all boosts in the member’s account.
BAP reserves the right to modify this Agreement from time to time, with or without notice. If there is a modification to the Program, we will endeavor to notify you; however, we will not be responsible if you do not learn of the modification. Continued participation in the Boostapal program after such modification shall be deemed to be your acceptance of any such modification. It is your responsibility to check this page of the BAP 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.
Student in Need Program Participants:
All of the provisions stated in BAP's Student Terms of Services shall apply except as provided in this subsection (Student in Need Program Participants).
Requesting boosts: Boosts will be paid once per month when the Student in Need account has accumulated at least $10.00. ALL Boosts will be processed by US Bank check and will be sent via U.S. Mail in U.S. Dollars.
The amount paid to the Student in Need shall be calculated as follows: The amount available in the Student in Need's account on the first day of each month shall be paid to the Student in Need. BAP will pay a like amount, from its own funds, each month for a period of 12 months. The Student in Need will therefore receive two times the amount appearing in her account.
In the unlikely event fraud is detected, proceeds in the Student in Needs account shall be disbursed to the Big Brothers Big Sisters of America (BBSSA) charitable organization.
Account Inactivity
We encourage users to actively log in and use Boostapal when they register for an account. To keep your account active users must log in once every 6 months. Inactive accounts may be permanently removed and all accumulated Boosts will be forfeited. Please use your account once you sign up.
General Provisions
Notice to members may be made by posting information on the Boostapal.com Web site or via e-mail. Members may give notice to Boostapal.com by visiting the Contact Us page.
BAP reserves the right to refuse any membership, advertiser, advertisements, or recipient organizations.
You authorize Boostapal to disclose to third parties information you have provided, or information that BAP has obtained about your BAP account: (i) to agents of Boostapal or its affiliates, such as independent auditors, consultants or attorneys; (ii) to comply with government agency or court orders or requests; or (iii) where it is necessary for redemption or transfer of your boosts. You agree to hold the participating merchant harmless for any information disclosed to Boostapal.
By accepting the terms of this Agreement, you agree to indemnify, defend and otherwise hold harmless BAP, its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential, punitive or exemplary damages resulting from: (i) your membership and/or participation in the BAP Program; (ii) your use of the BAP website and name; (iii) your violation of this Agreement; (iv) your violation of the rights of another; and (v) any other matter relating to BAP or the BAP Program. Any communications and/or transactions which arise between a Member and the Third-Parties, between Members, or between any Member and other users of the BAP website are the sole responsibility of the parties to those communications and/or transactions, and BAP shall not be considered a party to any such communications and/or transactions.
Without limitation of the terms and conditions set forth in the Privacy Policy, which is incorporated into this Agreement, you understand and agree that BAP may disclose personally identifiable information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to comply with legal process, enforce this Agreement, or protect the rights, property, or the safety of BAP, its Members and users, and the public.
We partner with Rakuten Marketing, who may collect personal information when you interact with our site. The collection and use of this information is subject to the privacy policy located here. https://rakutenmarketing.com/legal-notices/services-privacy-policy/
DISCLAIMERS AND LIMITATIONS ON LIABILITY
THE PROGRAM IS BEING PROVIDED BY BOOSTAPAL 'AS IS' AND 'AS AVAILABLE'. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BOOSTAPAL DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROGRAM, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
YOU AND YOUR BOOSTERS AGREE THAT BOOSTAPAL WILL NOT BE LIABLE FOR ANY COSTS OR DAMAGES ARISING OUT OF A DISPUTE BETWEEN YOU AND ANY PARTICIPATING MERCHANT, AND YOU HEREBY EXPRESSLY WAIVE ANY SUCH CLAIM AGAINST BOOSTAPAL AND ITS MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, SUBSIDIARIES, AGENTS AND REPRESENTATIVES.
BOOSTAPAL DOES NOT MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING ANY GOODS OR SERVICES OFFERED OR PROVIDED BY AFFILIATE MERCHANTS OR SUPPLIERS IN CONJUNCTION WITH THE PROGRAM. BOOSTAPAL DOES NOT MAKE ANY REPRESENTATIONS THAT ACCESS TO THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND BOOSTAPAL ASSUMES NO RESPONSIBILITY FOR ANY DAMAGE CAUSED BY YOUR ACCESS, OR INABILITY TO ACCESS, THIS SITE.
IN NO EVENT SHALL BOOSTAPAL BE LIABLE FOR ANY DAMAGES, CLAIMS OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH THE PROGRAM; ANY ACT OR OMISSION BY BOOSTAPAL IN ADMINISTERING THE PROGRAM; OR THE PURCHASE OR USE OF ANY GOODS OR SERVICES OF MERCHANTS OR SUPPLIERS, EVEN IF BOOSTAPAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME STATES DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
YOU AGREE TO INDEMNIFY AND HOLD BOOSTAPAL, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEY'S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE PROGRAM, THE VIOLATION OF THESE TERMS AND CONDITIONS BY YOU, OR THE INFRINGEMENT BY YOU, OR ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY, OR AS A RESULT OF ANY THREATENING, LIBELOUS, OBSCENE, HARASSING OR OFFENSIVE MATERIAL CONTAINED IN ANY MEMBER COMMUNICATIONS.
Miscellaneous
The Agreement between you and BAP will be governed by and construed in accordance with the laws of the State of Texas, without regard to conflict of laws principles, and you hereby consent to the exclusive jurisdiction and venue of the courts in Tarrant County, Texas, U.S.A., in all disputes arising out of or relating to BAP and the use of the BAP Program. If you are dissatisfied with any portion of the BAP Program and/or the BAP website, your sole and exclusive remedy is to discontinue using the BAP Program.
The BAP logo and names are BAP’s intellectual property. You agree not to display or use the logo or names, or the name of “BAP.com” except as specifically allowed. Further, all content that is made available to view in connection with the BAP Program excluding content that may be made available by end-users through a linked site, is owned by and is the copyrighted work of BAP and is protected by copyright laws and international treaty provisions.
The section titles of this Agreement are displayed for convenience only and have no legal effect. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Use of the BAP Program is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.
Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled on an individual basis in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Fort Worth, Texas, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees.
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