Overview
This Member Agreement (the "Agreement") is between you (“You”) and 77Blue LLC (“77Blue”, “Cashbaq” or “We”). Please read it carefully before enrolling as a member of the Cashbaq Shopping Rewards Program (the "Program"). Cashbaq provides a free service to its members ("Members") that allows them to receive cash rebates off purchases of goods and services made at affiliated stores ("Affiliated Merchants") when those purchases are made through the Program. Affiliated Merchants have agreed to pay Cashbaq certain affiliate or referral fees ("Commission") when Members purchase goods or services from Affiliated Merchants through Cashbaq. Once Cashbaq has received a Commission from an Affiliated Merchant for a purchase made by you, Cashbaq will deposit all or a portion of that Commission (the amount for each Affiliated Merchant varies and is specified on the Cashbaq Web site and is subject to change from time to time) into your account.

This Agreement explains the terms and conditions governing membership in the Program (the "Program Terms and Conditions"), and it is your responsibility to read and understand them. By enrolling as a member in the Program (a "Member"), you acknowledge that you have read and understood the Program Terms and Conditions and that you agree to be bound by all of its terms. If you do not agree to all of the terms of the Program Terms and Conditions, then do not enroll in the Program. Enrollment is defined as providing Cashbaq with your valid e-mail address and a password in which to access your account. Participation in the Program and its benefits are offered at the discretion of Cashbaq, and Cashbaq has the right to change the Program Terms and Conditions, in whole or in part, at any time with or without notice at any time. Check these terms periodically for changes. Your continued use of Cashbaq following the posting of changes to the Member Agreement will mean that you accept those changes.

Membership Eligibility
1. 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 state) and are a legal resident of the United States, a US territory or Canada.  

2. Members must be human beings (you know, real people). You may not use any machines, scripts, or automated services to accumulate any financial benefits derived from the use of Cashbaq. As the customer, you must be a real person and must make and pay for a real transaction (without returning the ordered item(s) or service(s) or obtaining a refund) at one of our Affiliated Merchants to qualify for a Cash Back Rebate (as defined below). You may maintain only one account. Any duplicate accounts will be subject to cancellation at Cashbaq’s discretion. Duplicate accounts may be identified by e-mail address, mailing address, phone number, or name associated with the account. If Cashbaq in its sole discretion thinks that you are abusing the system in any way or engaging in activity that may be perceived as fraudulent, your account with Cashbaq is subject to immediate cancellation and you will forfeit all Cash Back Rebates earned and not paid.

3. The Program is only available via the Cashbaq Web site located at www.cashbaq.com or through a link supplied by and approved by Cashbaq. You must have Internet access and an e-mail address to be eligible to receive the privileges and benefits of membership. Cashbaq is not responsible for your inability to connect to the Internet, log into the Cashbaq Web site or any other Web site on the World Wide Web, or access your Cashbaq account. You must be logged into your Cashbaq account and access and transact at the Affiliated Merchant through our site. Any transactions that are not recorded by an Affiliated Merchant as originating at Cashbaq will not be credited to your account.

4. You will not permit any use of Cashbaq that would damage, interfere with or unreasonably overload our service or engage in any activity that is otherwise unlawful. You also agree not to “SPAM” unknown individuals by sending them unwanted e-mails to solicit their membership at Cashbaq. Refusal to abide by this or any other rule(s) may result in Cashbaq reversing any Cash Back Rebates and referral bonuses in your account and/or terminating your membership.

5. In order to be eligible for Cash Back Rebates for shopping through Cashbaq at Affiliated Merchants, you must first create an account by providing your e-mail address and password. However in order for Cashbaq to send your Cash Back Rebates, you will be required to provide either (a) an e-mail address for use with Paypal or (b) further personal information including, but not limited to, your full name, mailing address (including city, state and ZIP Code), and Country of Residence. Please review our privacy policy to see how we respect your personal information. You agree that it is your responsibility to keep your Member information current, complete and accurate in order to facilitate the payment of your Cash Back Rebates. In the event that your information is not current at the time of payment, you forfeit all accrued Cash Back Rebates to Cashbaq. Furthermore, Cashbaq is not responsible for any checks mailed to the wrong postal address or Paypal account due to inaccurate information provided by you.

6. Cashbaq reserves the right to terminate any account for abusive or fraudulent activity, or if the Member is no longer reachable at the e-mail address provided.

Accrual of Cash Back Rebates
7. Affiliated Merchants have agreed to pay Commissions to Cashbaq when Members purchase goods or services from Affiliated Merchants through Cashbaq. Your account will be credited for each Cash Back Rebate earned as a result of you making a "Qualified Transaction" at an Affiliated Merchant’s Web site through Cashbaq and the Affiliated Merchant recording this transaction as originating from Cashbaq.

8. Your account will be credited, subject to the terms and conditions enumerated in this Agreement, either (a) a percentage of the Net Purchases made by you at the Web site of one of the online merchants affiliated with Cashbaq (an "Affiliated Merchant"), (b) a set dollar amount for a specific action taken by you at an Affiliated Merchant's Web site (either a "Cash Back Rebate") or (c) through the Cashbaq referral program. The Cash Back Rebate will be enumerated on the Cashbaq Web site as it relates to each Affiliated Merchant. The Net Purchase is defined as the total amount paid to the merchant minus tax, gift wrapping, shipping, promotional credits, returns, cancellations, and transaction fees or as any Affiliated Merchant defines on its Web site and as is enumerated in its respective Affiliate Membership and/or Operating Agreement document, whichever is less. All Affiliated Merchant Membership and/or Operating Agreements as they relate to their affiliate or partner programs with Cashbaq and which reside on the Affiliated Merchants' respective Web sites are hereby incorporated into this Agreement by reference. Money earned through the referral program will be paid along with regular Cash Back Rebates. You will earn referral bonuses for a period of one year from the sign up of any Member referred through the your referral link ("Your Friends") as supplied to you at the Cashbaq Website at the rate of 10% (ten percent) of Your Friends' Cash Back Rebates. In addition, you will earn 5% (five percent) of Your Friends' friends' Cash Back Rebates and 2% (two percent) of their friends' Cash Back Rebates. Referral bonuses will be calculated off of Your Friends' Cash Back Rebates (as well as their friends, etc.) and will exclude sign up bonuses, referral bonuses and manual credits. You may not refer yourself to the program. Continued payments of referral bonuses will be made at the sole discretion of Cashbaq. The referral program may be ended, percentages reduced or the program modified in any way, at any point, and without notice, though all accrued referral bonuses will be paid in full if and when any of these events occur.

9. Any purchases made by you through Cashbaq Affiliated Merchants’ Web sites will be deemed "Qualified Transactions" and will be subject to earn a Cash Back Rebates if and only if all of the following criteria are satisfied: (a) "Cookies", both first and third party (if applicable), must be enabled on your Web browser; (b) All potential Qualified Transactions must begin by clicking on the Affiliated Merchant's link that appears on the Cashbaq Web site and being successfully connected to the Affiliated Merchant's Web site based upon that click; (c) Cashbaq may, at all times, route your request for a merchant site through specific links, in order to assure that the sale can be tracked correctly. Any alteration of these links will invalidate your sale, which will not be deemed a Qualified Transaction; and (d) All purchases must be started and completed in one shopping session within the Cashbaq shopping program. If you start a purchase, then complete it in a different session, you will be ineligible for a Cash Back Rebate.  

10. The determination of whether or not a purchase made through a Cashbaq Affiliated Merchant is a Qualified Transaction is at the sole discretion of Cashbaq. Since Cashbaq is sharing a percentage of payments it receives from Affiliated Merchants, any transaction that Cashbaq does not receive credit or payment for will not be paid to you (although Cashbaq may have credited your account).

11. Cash Back Rebates awarded to you are subject to adjustments for returns, cancellations, and other events. In case of return or cancellation, Cashbaq retains the right to reverse account credit. In addition, some coupons, including but not limited to those found at websites other than Cashbaq may negate Qualified Transactions. Such adjustments can be applied to your account at any time by Cashbaq at its sole discretion. Should you disagree with any adjustments made to your account, your sole remedy is to withdraw from the Program.

12. You may be taxed on your accrual of Cash Back Rebates, depending on the amount of Cash Back Rebates you accrue and the tax laws of federal, state, and local jurisdictions where you reside or may be required to pay taxes. Cashbaq 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 your accrual or redemption of Cash Back Rebates.  

13. Some purchases are not eligible for accrual or payment of Cash Back Rebates. Examples include any transaction that is substantially completed by telephone, purchases that are picked up at a warehouse or a store location, or certain services or goods specified by Affiliated Merchants. Prescriptions from all merchants are not eligible due to Federal/State laws and regulations. Monthly deliveries, such as wine-of-the-month clubs and pet foods, are not eligible for Cash Back Rebates unless all months are paid for up front through Cashbaq. Gift Certificates that are purchased at our Affiliated Merchants do not qualify for Cash Back Rebates unless specifically stated. In addition, certain Affiliated Merchants do not allow accrual of Cash Back Rebates by Members. These merchants may be listed in order to help you shop online and to offer coupons to help you save.

14. It is your responsibility to check your account regularly to ensure that Cash Back Rebates have been properly credited and that your account balance is accurate. If you do not believe that a Cash Back Rebate has been correctly credited to your account, you must wait at least 30 days but no more than 90 days after completing a Qualifying Purchase to contact Cashbaq Customer Service. Furthermore, all Cash Back Rebates earned by you are subject to review. Necessary adjustments may be applied to your account at any time by Cashbaq at its sole discretion. If you do not agree to adjustments made to your account, your only recourse will be to terminate your membership in the Program. Cashbaq may require you to send us a copy of the electronic purchase receipt along with your inquiry so that we may investigate the issue. Cashbaq reserves the right to terminate your account for abusive or fraudulent activity, or if you are no longer reachable at the e-mail address you provide.

15. Cashbaq is not responsible for changes to, or discontinuance of, any Affiliated Merchant, or any Affiliated Merchant withdrawal from the Program, or for any effect on accrual of Cash Back Rebates caused by such changes, discontinuance, or withdrawal. Cashbaq is not responsible for changes to, or discontinuance of, any special offer or coupon code at an Affiliated Merchant site. It is your responsibility to make sure that all specials are valid. If you choose to use coupons and/or specials that are not listed on the Cashbaq site, we cannot guarantee that you will be eligible to receive a Cashbaq Cash Back Rebate on your purchases.

16. In addition to the Cash Back Rebates paid out by Cashbaq for certain purchases made by you when you are logged into your account, Cashbaq also posts special coupon codes or promotional offers such as free shipping for the convenience of Cashbaq Members. Cashbaq is not responsible for expired coupons or outdated promotions. Cashbaq is also not liable to compensate you should you forget to enter the coupon code or are unaware that you must enter a coupon code during the checkout process in order to get the additional refund before making your purchase.

Payment Schedule
17. Payments will be made in U.S. dollars. Payments will be sent to you on or around the 20th of each month. The Cashbaq payment schedule is posted at How to use cashbaq and is subject to change by Cashbaq from time to time.

18. It is your responsibility to keep your account information current in order to facilitate the payment of your Cash Back Rebates. In the event that your information is not current at the time of payment, you forfeit all accrued Cash Back Rebates to Cashbaq. Cashbaq can pay you via check or PayPal as a convenience. Cashbaq Customer Service will assist you in determining the cause of any non-payment by PayPal. If it has been determined that non-payment was caused by a process error in payment automation, all accrued Cash Back Rebates will be re-paid in full. However, Cashbaq is not responsible for any misapplied PayPal payments (inaccurate e-mail or contact information). For any claims pertaining to a PayPal payment, you should contact PayPal support for assistance. Cashbaq will not make any replacement payments for misapplied PayPal payments.

Account Access and Password
19. Upon registration for the Program, you will select a password that will allow you to access your Cashbaq account (via the Cashbaq Web site) to verify transfers, check account balances, and modify your account information.  

20. You must be logged into Cashbaq and enter your password to access your account. You may check your account status and recent earning history at any time you are able to access the Cashbaq Web site.

21. Cashbaq is entitled to act on instructions received under your password. For security purposes, it is recommended that you memorize your password, and do not write it down. You are responsible for keeping your e-mail address, password, account numbers, and other account information confidential. Cashbaq is not responsible for any credits or debits made to your account by someone else who uses your password. If you think that someone has accessed your account without your permission, you will immediately change your password and notify Cashbaq of such breach. You also acknowledge that you understand that Cashbaq will not contact you to solicit your e-mail address or password.

Non-Transferability
22. No Cash Back Rebates earned or granted under the Program may be assigned or transferred to any third party except as expressly permitted by Cashbaq in writing. The sale or barter of any such Cash Back Rebates, other than by Cashbaq, is expressly prohibited. Accrued Cash Back Rebates do not constitute property, and are not transferable: (i) upon death; (ii) as part of a domestic relations matter; or (iii) otherwise by operation of law. Any Cash Back Rebates assigned, sold, or otherwise transferred in violation of the Program Rules may be confiscated or canceled. Any violator of the foregoing restriction is subject to account termination, deduction of Cash Back Rebates from his or her account, and/or liability for damages and litigation and transaction costs.

Disclosure of Account Information
23. You authorize Cashbaq to disclose to third parties information you have provided, or information that Cashbaq has obtained about your Cashbaq account or shopping behavior: (i) to agents of Cashbaq or its affiliates, such as independent auditors, consultants or attorneys; (ii) to comply with government agency or court orders or requests; (iii) in providing aggregated and non-personalized marketing services for an advertising or merchant partner, or (iv) where it is necessary for redemption or transfer of your Cash Back Rebates. Further, you authorize Cashbaq to receive any account information from any Affiliate Merchant including, but not limited to information regarding the Qualified Purchase such as the products ordered, the order number, the time and date the Qualified Purchase occurred, the e-mail address entered for the Qualified Purchase. You agree to hold the Affiliated Merchant harmless for any information disclosed to Cashbaq. You allow Cashbaq to collect, use and sell non- personalized marketing information regarding your visits and purchases to Internet commerce sites.  

24. By signing up for membership at Cashbaq, you agree to let us e-mail you shopping-related e-mails as well as communications related to your account administration (e.g. that Cashbaq has added money to your account, that Cashbaq is mailing you a check on a certain date, etc.) You can opt-out to any or all of our marketing e-mails. Alternatively, you can unsubscribe to any or all promotional mailings by following the unsubscribe link on any e-mails sent by Cashbaq or its partners. Since Cashbaq need to communicate account information with you in order to run your account, you cannot unsubscribe from account information e-mails.

Disclaimer
25. THE CASHBAQ PROGRAM IS BEING PROVIDED TO MEMBER "AS IS" WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, 77BLUE 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.

26. 77BLUE DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE QUALITY OF, OR ACCURACY OF ADVERTISEMENTS FOR, ANY MERCHANDISE, PRODUCTS, OR SERVICES OFFERED OR PROVIDED BY AFFILIATED MERCHANTS OR SUPPLIERS IN CONJUNCTION WITH THE PROGRAM. IN ADDITION, ALTHOUGH 77BLUE INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE CASHBAQ WEB SITE, 77BLUE DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS THAT THIS SITE IS FREE OF DESTRUCTIVE MATERIALS. IN ADDITION, 77BLUE DOES NOT WARRANT THAT ACCESS TO THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND 77BLUE ASSUMES NO RESPONSIBILITY FOR ANY DAMAGE CAUSED BY YOUR ACCESS, OR INABILITY TO ACCESS, THIS SITE., INCLUDING, BUT NOT LIMITED TO, YOUR INABILITY TO ACCRUE CASH BACK REBATES BY PURCHASING ITEMS WITH AN AFFILIATED MERCHANT.  

Limitation of Liability
27. IN NO EVENT WILL ANY OTHER COMPANY WITH WHICH 77BLUE HAS A CORPORATE PARTNERING RELATIONSHIP, INCLUDING WITHOUT LIMITATION, CO-BRANDING, CO-MARKETING, JOINT DEVELOPMENT, A MERCHANT RELATIONSHIP, OR A SUPPLIER RELATIONSHIP (EACH A "CORPORATE PARTICIPANT") BE LIABLE TO YOU FOR NON-PERFORMANCE OF 77BLUE OBLIGATIONS. YOU AGREE NOT TO SUE ANY CORPORATE PARTICIPANT FOR NON-PERFORMANCE BY 77BLUE. IN NO EVENT SHALL 77BLUE 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: (I) THE PROGRAM; (II) ANY FAILURE, DELAY, OR DECISION BY 77BLUE IN ADMINISTERING THE PROGRAM; (III) THE USE OR INABILITY TO USE THIS WEB SITE; OR (IV) THE PURCHASE OR USE OF ANY MERCHANDISE, PRODUCTS, OR SERVICES OF MERCHANTS OR SUPPLIERS, EVEN IF 77BLUE, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

28. YOU AGREE TO INDEMNIFY AND HOLD 77BLUE, 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 POLICIES BY YOU, OR THE INFRINGEMENT BY YOU, OR OTHER USER OF THE PROGRAM USING 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.

Termination or Changes to the Program
29. Cashbaq reserves the right to terminate the Program at any time with notice. This means you will have sixty (60) days from the date notice of Program termination is provided to you to redeem Cash Back Rebates in your account. Notification of Program termination will be sent to the e-mail address you provide to Cashbaq during the registration process. Cashbaq will not be responsible for failing to notify you of Program termination where such failure is caused by any reason outside the control of Cashbaq, including an error in your e-mail program, an inaccurate e-mail address, your failure to check for your e-mail account, or your failure to inform Cashbaq of a change in your e-mail address.

30. Cashbaq may modify this Member Agreement from time to time, with or without notice, and your continued participation in the Program after such modification shall be deemed to be your acceptance of any such modification. It is your responsibility to check the Member Agreement page of the Cashbaq 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.

Termination of Membership
31. Membership in the Program is subject to the Member Agreement. Any failure to comply with the Member Agreement, any fraud or abuse relating to the accrual or redemption of Cash Back Rebates, or any misrepresentation of any information furnished to Cashbaq or its affiliates by you, or anyone acting on your behalf, may result in the termination of your membership in the Program, cancellation of your Cashbaq account and/or forfeiture of your accrued Cash Back Rebates. Cashbaq reserves the right to close accounts that have been inactive for more than twelve (12) months (“Dead Accounts”). Inactivity is defined as you not logging in to Cashbaq. Any account that is closed will have all Cash Back Rebates in it taken back by Cashbaq, and will no longer allow user login under that username and password. If there is over the minimal payout amount in a Dead Account, Cashbaq will attempt to contact the holder of the Dead Account. 

Disputes or Errors
32. All questions or disputes regarding the Program, including without limitation, questions or disputes regarding eligibility for the Program, or the eligibility of Cash Back Rebates for accrual or redemption, must be submitted in writing within sixty (60) days of the qualifying transaction, to 77Blue at: Customer Service, 77Blue LLC, 9854 National Blvd., Suite 107, Los Angeles, CA 90034, or contact Customer Care. Any such disputes shall be resolved by Cashbaq at its sole discretion. All interpretations of Program Terms and Conditions shall be at the sole discretion of Cashbaq. In the event that an error is made by Cashbaq, your sole remedy shall be the credit of the disputed Cash Back Rebates to your Cashbaq account.

Miscellaneous
33. This Agreement 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 Cashbaq Web site and service, you agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Los Angeles, California and therefore agree to file any grievance or suit of any kind exclusively in the courts located within the county of Los Angeles. If any provision of this Agreement 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. 77Blue’s 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. Nothing in this Agreement shall be construed as creating or constituting a partnership, joint venture or agency relationship between 77Blue and the Affiliated Merchants or between 77Blue and any other of its Corporate Partners. Neither the Affiliated Merchants nor any Corporate Partner shall have the ability to create any obligation on 77Blue's behalf. This Agreement constitutes the entire agreement between you and 77Blue with respect to the Program.

These Terms of Use were last updated on October 16, 2007