These terms and conditions (this 'Agreement') constitute an agreement between you and AMSOIL INC., a Delaware corporation ('AMSOIL,' 'we,' 'our' or 'us'). In order to participate in the AMSOIL Preferred Customer Program (the 'Program') you must agree to the terms and conditions set forth below. By accessing, using the Program, earning and/or redeeming Points (as defined below), you expressly acknowledge and agree to be bound by the terms and conditions of the Agreement, and any future amendments and additions to this Agreement as published from time to time at [INSERT LANDING PAGE] or provided to you by direct or electronic mail.
AMSOIL reserves the right to discontinue, change or modify the Program, eligibility for and policies of the Program and/or the terms and conditions of this Agreement at any time, with or without notice. Changes to this Agreement will be effective when posted. You are responsible for regularly reviewing this Agreement and any amendments hereto. Continued participation in the Program after any such changes shall constitute your consent to such changes.
If you do not agree with the terms and conditions contained in this Agreement, you should not participate in the Program, which includes earning or redeeming Points.
AMSOIL Preferred Customer Program Membership
The Program is a way in which we reward and thank our Preferred Customers for purchasing our Products (as defined below). To become eligible to participate in the Program, purchase Products pursuant to this Agreement, receive any discounts and promotional offers, and become an AMSOIL Preferred Customer (a 'Preferred Customer'), you must chose a one-time six (6) month trial membership (a 'Trial Membership') for a fee (a 'Trial Fee') or a twelve (12) month annual membership (an 'Annual Membership') for a fee (an 'Annual Fee'). The fees are as follows:
U.S. Residents and Domiciled Entities:
Canadian Residents and Domiciled Entities:
In order to renew a trial or annual membership (collectively 'Membership'), you must not be in default of this Agreement, must continue to be eligible under this Agreement (as the eligibility may change) and must pay the Annual Fee due for the following year prior to the expiration of the current membership period (the 'Membership Period').
You agree that as a Preferred Customer, you are a customer and are not an employee, agent, partner, legal representative, independent contractor or franchisee of AMSOIL.
Only legal residents of the United States and Canada who are over the age of 18 are eligible to participate. United States and Canadian corporations, partnerships and limited liability companies are also eligible to participate.
The following persons and entities are not eligible to participate in the Program: (i) our dealers, (ii) our employees, (iii) retailer accounts, (iv) commercial accounts, (v) residents of countries other than the United States and Canada, (vi) corporations, partnerships and limited liability companies domiciled in countries other than the United States or Canada, and (vii) residents of or entities domiciled in any jurisdiction in which any aspect of the Program is prohibited by law or where applicable laws, rules or regulations classify Points as property subject to unclaimed property or escheatment laws.
AMSOIL reserves the right to reject applications for Membership, to revoke, cancel or suspend any Membership and/or any and all unredeemed Points, or take other action at its discretion, at any time with immediate effect and without written notice or liability to any Preferred Customer, if AMSOIL believes: (a) the Preferred Customer has (1) violated any of the these terms or conditions; (2) acted in a manner inconsistent with applicable law, regulations or ordinances; (3) engaged in any misconduct or wrongdoing in connection with the Program, including without limitation, involving Point credit or Preferred Customer benefits; or (4) engaged in abusive, fraudulent, inappropriate or hostile conduct in connection with the Program, AMSOIL or its employees; or (b) AMSOIL’s provision of the Program and/or any associated benefits (including but not limited to Points) to the Preferred Customer may violate any applicable laws to which the Company is subject from time to time.
Preferred Customer Reward Points
Subject to the terms and conditions Preferred Customers can earn points that are issued under the Program ('Points') which may be redeemed for Products, taxes, delivery and Annual Fee.
Earning Points – Referral Rewards. You can earn points by inviting a new customer to become a Preferred Customer. This offer is intended for you to refer your friends and family to AMSOIL, and should not be advertised or marketed in a commercial manner. A qualified referral occurs when:
- You have an active Preferred Customer membership in good standing and are enrolled in the Program;
- The new customer you refer either (i) clicks on your unique referral link and completes the Preferred Customer registration process, or (ii) enters your unique Preferred Customer number during the Preferred Customer registration process. We will determine in our sole discretion whether your link or unique customer number was used to create the account;
- The referred customer who registered for the membership is a new Preferred Customer, not an existing or returning Preferred Customer. We will determine in our sole discretion whether the customer is a new customer Preferred Customer; and
- The referred customer orders and takes delivery of at least fifty and 00/100 US or Canadian dollars ($50.00) worth of products from us ('Qualified Purchase').
For each qualified referral, your account will be credited 500 points. Allow four (4) to six (6) weeks after the Qualified Purchase for points to post to your account.
Earning Points – Product Purchases. In addition to the discounts and promotional offers provided to Preferred Customers, you may earn one (1) Point for each full dollar ($1) spent on products (excluding shipping, taxes, Annual Fee and other associated costs) sold by us ('Products') which are purchased in accordance with this Agreement. You will receive your Points thirty (30) days after purchase.
You agree to place all Product orders pursuant to this Agreement online at a website owned and operated by the Company, or by phone at a phone number operated by the Company. You will receive no Points for Products ordered in any other manner.
We may occasionally make special offers for you to earn additional Points on specific purchases. The terms and conditions for such special offers, such as which purchases qualify and the number of additional Points you may earn, will be disclosed at the time of offer. Please check those terms and conditions carefully, as there may be important conditions or limitations (such as blackout periods, point limitations or exclusions). Availability of any special offer is subject to change without notice.
Points earned from purchases made in Canadian Dollars are redeemable for Products and other benefits denominated in Canadian Dollars, and Points earned from purchases made in United States Dollars are redeemable for Products and other benefits denominated in United States Dollars.
Redeeming Points. Points may not be redeemed until after they have been earned. Fifty (50) Points may be redeemed for a one US or Canadian dollar ($1.00) discount to be used for the purchase of Products, taxes, shipping and Annual Fee. Points may only be redeemed in increments of fifty (50).
Points earned on your account may only be redeemed through purchases of Products made online at www.amsoil.com or by calling (800) 777-7094. During the checkout process, available Points can be redeemed by applying them to your purchase balance.
Managing My Preferred Customer Points. You can review your Points balance through your Preferred Customer account online in the Preferred Customer (P.C.) Zone at www.amsoil.com. You may also call us at (800) 777-7094 to determine the amount of Points available for your current use. There is no maximum number of Reward Points that you can accumulate in the Program.
Expiration of Points. Your Points shall expire upon the (i) expiration or termination of your Membership or (ii) the termination of the Program.
Preferred Customer Return Policy
You may return Products in accordance with the Company’s return policies, as amended from time to time. If you properly return a Product that you purchased in whole or in part with redeemed Points, the Points used in such purchase shall be returned to your Preferred Customer account. Returned Points are subject to expiration and all the terms, conditions and restrictions in this Agreement.
AMSOIL MAKES NO REPRESENTATION OR WARRANTY CONCERNING THE PRODUCTS OBTAINED THROUGH THE PROGRAM. ANY WARRANTY FOR AMSOIL PRODUCTS WILL BE THE LIMITED WARRANTY AS STATED AND AMENDED FROM TIME TO TIME ON WWW.AMSOIL.COM/ABOUT/GUARANTEE/.
AMSOIL shall not be liable or responsible for any guarantee, warranty and/or representation offered by third-party manufacturers of Products. In the event that a third-party manufacturer or supplier offers its own warranties, you agree to look solely to such manufacturer or supplier for any warranty related claims.
Limitation of Liability
IN NO EVENT SHALL AMSOIL BE LIABLE TO YOU OR ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND. AMSOIL SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE PRODUCTS, EVEN IF AMSOIL HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You may not assign any Points, discounts or any other rights or delegate any obligations under this Agreement. AMSOIL may assign its rights and delegate its duties under this Agreement to any party at any time without notice to you.
You may only redeem Points in accordance with the terms and conditions of this Agreement. Accrued Points do not constitute property of the Preferred Customer. Points accrued by a Preferred Customer are for your personal benefit only and may not be transferred to anyone. Points are not transferable to another person for any other reason, including divorce or inheritance. Points have no cash value, cannot be bartered or sold for cash or other consideration. Any Points which AMSOIL deems in its sole discretion to have been transferred in violation of the terms and conditions shall be void. You shall forfeit your Points for any violation of the rules, terms or conditions of this Agreement. Points may not be redeemed in conjunction with other discounts or promotional offers.
Termination; Amendment; Modification
AMSOIL has the right, in its sole discretion, to terminate the Program by providing written notice to its Preferred Customers one hundred eighty (180) days in advance of Rewards Program termination. In that event, the right to earn Points and redeem Points for products or other benefits, no matter the extent of Preferred Customer participation in the Program, shall cease. AMSOIL may terminate the Program earlier in whole or in part in any jurisdiction(s) if required to do so by applicable law.
AMSOIL may, with or without notice, modify, change, cancel or limit the products and other benefits into which Points may be redeemed, including, without limitation, the number of Points required to redeem any Product or benefit may be substantially increased, any Product or other benefit may be withdrawn, and restrictions on any Product or other benefit or reward redemption may be imposed at any time.
If you object to this Agreement or any changes hereto or at any time becomes dissatisfied with the Program, your sole recourse shall be to cease using the Program. Your continuing use of the Program after notification of any change(s) constitutes conclusive evidence of your acknowledgement of the modification to this Agreement and your agreement to be bound by such change(s).
Governing Law and Venue
This Agreement shall be governed by and construed according to the laws of the State of Wisconsin, without giving effect to any choice of law or conflict of law rules or provisions. You agree that notwithstanding any statute or law to the contrary, any claim or cause of action arising out of, or related to, the use of the Program or this Agreement must be filed within one (1) year after the claim or cause of action arose or be forever barred.
You and AMSOIL agree that any disputes, claims, and causes of action arising out of or connected with this Program or this Agreement shall be resolved individually, without resort to any form of class action and exclusively by confidential arbitration under the Consumer-Related Disputes Supplementary Rules then prevailing with the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. Arbitration will take place in Superior, Wisconsin.
Any and all claims, judgments and Reward Points shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Program, but in no event shall attorney's fees be recoverable from us. You agree that you will not file or participate in any form of class action against us.
No joint venture, partnership, employment or agency relationship exists between you, AMSOIL or any third party as a result of this Agreement. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. The failure of AMSOIL to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by AMSOIL in writing.