These Terms and Conditions of Use (the “Terms”) govern your access to and use of the services offered by Bestfriends Shopping, Inc. and its affiliates and subsidiaries (collectively, "Bestfriends", “we”, or “us”), including our website www.bestfriends.shop (the “Site”), our downloadable application (the “App”) and our desktop extension (the "Bestfriends Extension", and together with the App and the Site, the “Services”), and any information, text, graphics, photos, or other material uploaded to, downloaded from, or appearing on the Services (collectively, the “Content”). Your access to and use of the Services are conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services or the Content, you agree to be bound by these Terms.
WE MAY CHANGE THE TERMS FROM TIME TO TIME. BY CONTINUING TO USE THE SERVICES AFTER ANY SUCH CHANGES ARE MADE, YOU ACCEPT THE TERMS AS MODIFIED. THE LAST DATE OF MODIFICATION WILL ALWAYS BE ON THE TOP OF THE DOCUMENT. YOU MUST BE EIGHTEEN (18) YEARS OR OLDER TO USE THE SERVICES.
Should a password be required to access the Services, you are responsible for safeguarding the password that you use to access the Services. When formulating your password, please maximize the strength of your password by using multiple characters, letters, and numbers. We are not responsible for any loss or damage that arises from your failure to comply with this section. You must notify us of a breach of the security of your account or any data incident.
To utilize certain features of the Services, you must register as a user by providing a unique email address and password or log in through a social media platform provided through the Site. You agree that you will provide true, accurate, current and complete information about yourself or your company as prompted by the registration process and that you will update that information as necessary to maintain its accuracy. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You accept responsibility for all activities that occur under your account or password and such use shall be deemed to be used by you. You will ensure that all use of your account fully complies with these Terms. Transfer of the account by you to any other person or entity is prohibited.
Our Services help you share and earn money as you shop. We turn links into product cards on our platforms and will eventually turn the links you share and shop into links which pay cash commissions (“Cashback”) equally and automatically to those who share and shop them (“Users”) whenever purchases (“Qualified Purchases”) result.
You must be thirteen (13) years of age, located in the United States of America, complete the User Registration process, and be in compliance with these Terms to become (and remain) a user of the Services. You specifically acknowledge that the use of the Services is completely voluntary, that any Cashback, bonuses or other earnings (“Earnings”) applied to your account is assessed in our sole discretion, and that you are not our employee or independent contractor. We make no representations regarding the tax consequences of your use of the Services, and we will not issue you a 1099. We recommend that you consult with your accountant if you have tax liability questions.
For the most part, earning with Bestfriends means earning Cashback. Once you’ve created an account, you can earn Cashback in a variety of ways, including: (1) by making a Qualified Purchase through another user’s link, (2) by making a Qualified Purchase through your own link, or (3) by having someone else make a Qualified Purchase through your link.
From time to time, you may also be eligible to earn additional amounts and/or bonuses outside of Cashback - such as referral bonuses - by completing certain tasks.
Your Bestfriends account will display your running balance of accumulated Earnings less amounts you have already cashed out. Earnings will be marked as “Pending” throughout the duration of the “Return Window,” which is set by each Network Retailer (defined below) in their sole discretion. Once the Return Window has expired, the Earnings will be marked as “Available.” “Available Earnings” of at least $20.00 USD Dollars (“Minimum Earnings Requirement”) may be withdrawn from your account in exchange for (i) US Dollars through a valid PayPal account; (ii) one or more gift cards as provided from retailers from time to time; (iii) more payment offers over time
The determination of whether a purchase made through a “Network Retailers” qualifies as a Qualified Purchase is at the sole discretion of Bestfriends. If a Network Retailer fails to report a transaction to us or fails to make payment to us for any reason, Bestfriends reserves the right to cancel the Earnings associated with that transaction. It is your responsibility to check your Account regularly to ensure that Earnings have been properly credited and paid and that your Account balance is accurate. In addition, we may make account adjustments for any Earnings that we, in our sole discretion, deem as fraudulent, abusive, unethical, suspicious or otherwise inconsistent with these Terms or any other applicable law or regulation. Our decisions are final. Should you disagree with any adjustments made to your account or payments made to you, your sole remedy is to withdraw from the Services.
Our Services allow you to use your own domain names when creating Bestfriends pages. If you chose to connect a domain that you own outside of Bestfriends to the Services, it is your sole and explicit responsibility to adhere to the terms set out by that domain provider, intellectual property laws, as well as the terms contained within these Terms. We will have no liability to any third party for your use of any domains you use in connection with your Bestfriends.
A profile is a hosted web page that lets a User display a list of links as well as a gallery of clickable images, where each image can itself contain a list of links. The purpose of a profile is to allow users to link to multiple sites or pages within one post, and is tailored for platforms that restrict your ability to post or share multiple links (like Instagram).
You understand that we may, for any reason whatsoever, (i) suspend or terminate your account; (ii) revoke, delete, or adjust your account balance; or (iii) take such other actions with respect to your account and its properties as they relate to redemption that we deem advisable. You understand that if your account with us is inactive for a period longer than one (1) year, we may in our sole discretion reduce or eliminate your account balance. You understand that we may deny you access to the Services if you attempt to download the App or Bestfriends Extension, or otherwise use the Services, from outside the United States of America. YOU AGREE THAT IF WE DETECT FRAUDULENT ACTIVITY IN CONNECTION WITH YOUR ACCOUNT (I.E., QUESTIONABLE, ILLEGITIMATE OR MANUFACTURED REFERRALS) THAT HAVE RESULTED IN A MONETARY LOSS FOR US, YOU SHALL—IN ADDITION TO FORFEITING YOUR ACCOUNT WITH US—BE LIABLE TO US FOR (I) AN AMOUNT EQUAL TO THE LOSS WE INCURRED; (II) ATTORNEYS' FEES AND COURT COSTS; AND (III) ANY ENHANCED OR PUNITIVE DAMAGES AVAILABLE TO US UNDER THE LAW OR IN EQUITY.
In the event you discover another user violating these Terms, please notify us at [email protected]
You are solely responsible for your use of, and any material you submit through, the Services. You shall use the Services in a manner consistent with any and all applicable laws, rules and regulations. You shall not upload or transmit to or through the Services any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer.
You shall not do any of the following:
upload, email, post or transmit to, or distribute or otherwise publish through the Services any material which disrupts the normal operation of the Services, including posting or otherwise transmitting material that is not related to the subject at issue or otherwise restricts or inhibits any other user from using the Services; hack into or otherwise gain unauthorized access to the Services, our computer systems, or the computer systems of other users of the Services; engage in any data mining in connection with the Services; reverse engineer or decompile any part of the Services; use any robot, spider, scraper, or other automated means to access the Services; take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
use the Services in an effort to duplicate any related source or object code or otherwise create any derivative (in whole or part) products or services; use the Services to further any illicit money-making scheme, including in furtherance of any pyramid schemes or the like;
use the Services to coerce, force, intimidate, or otherwise harass any third party; associate the Services in any way with, or otherwise utilize the Services to transmit or receive unlawful, threatening, libelous, defamatory, obscene, pornographic, or profane content, or any other content which might in, any other way, violate any law, regulation, or rule; and/or
use the Services other than as authorized by these Terms. You shall only use the Services for the purposes described in these Terms. We reserve all rights and remedies available to us including reporting any breach to the relevant law enforcement authorities and cooperating with those authorities by disclosing your identity to them.
The Services includes certain tools that we may grant you a limited, non-sublicensable, non-exclusive right to access only as part of the Services (so long as you are not in violation of these terms and your relationship with Bestfriends has not been terminated or expired), which are the sole and exclusive property of Bestfriends or its licensors (“Content”). With respect to any other materials available through the Services as to which we are the copyright owner and as to which you have properly gained access, we hereby grant you a limited, non-sublicensable, non-exclusive, revocable (in our sole discretion) license to download and print copies of such materials for the sole purposes for which you were granted access to the Services. In no event, shall you remove, modify or obscure any copyright, trademark, or other proprietary notices.
All Content not originating with us is provided for your interest and convenience only, and we do not endorse these materials nor the third parties who supply them, nor do we warrant or represent that these materials are current, accurate, complete or reliable. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate, deceptive, or otherwise inappropriate. Under no circumstances shall we be liable in any way for any Content or any loss or damage of any kind incurred as a result of the use of the Content.
By voluntarily submitting information, communications, or content (including photos, videos, testimonials, reviews, and works of art) (each a “User Generated Content”) to the Services, you agree that a User Generated Content is non-confidential for all purposes and you grant Bestfriends an irrevocable, non-exclusive, perpetual, worldwide, royalty-free, fully sublicensable, right and license to use, display, publicly perform, modify, reproduce, publish, distribute, adapt, make derivative works of, sublicense and otherwise commercially and non-commercially exploit your User Generated Content and all copyright, trade secret, trademark, or other intellectual property rights therein, in any manner or medium now existing or hereafter developed (including but not limited to print, film, or electronic storage devices), without compensation of any kind to you or any third party, and the right to include your name and city of residence in connection with any such use. User Generated Content is also subject to such other terms and conditions as any of Bestfriends may specify for particular submissions. By submitting material to us, you represent and warrant that you have full authority to grant the rights set forth above and that your material will not, in whole or in part, infringe the intellectual property rights, rights of privacy or publicity, or any other rights of any third party. You further represent and warrant that you have attained the legal age of majority in your jurisdiction. The submission of any User Generated Content in no way creates any obligation or duty on the part of any of the Bestfriends to post or use such User Generated Content or, if we do so, to give you credit. We may contact you via phone, email, or mail regarding your User Generated Content.
The Services may provide links to sites operated by third parties. The linked sites are not under our control, and we are not responsible for the content of any linked site or subsequent links from that site. We may provide links only as a courtesy to our users, but such links do not (and will not) imply our endorsement of any linked site. You shall not hold us responsible for any products you purchase at via any third-party sites, regardless of whether you obtained the link to such products via the Services.
We do not object to you linking directly to the information that is hosted on the Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You may not establish a link to the Site from any website that is not owned by you. For clarity, this does not prohibit you from posting link on your social media platforms. The Site must not be framed on any other site. We may withdraw linking permission without notice.
We do not endorse any third parties using the Services. By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of third parties will be limited to a claim against the party who caused the harm. You agree not to attempt to impose liability on, or seek any legal remedy from us with respect to such actions or omissions.
ALL CONTENT AND SERVICES INCLUDED ON OR AVAILABLE THROUGH THE SERVICES ARE PROVIDED "AS IS", "AS AVAILABLE" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, BY EITHER US OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION OR PRODUCTION OF OUR MATERIALS, CONTENT, AND THE SERVICES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO WARRANTY THAT CONTENT AND/OR THE SERVICES ARE ACCURATE, RELIABLE OR CORRECT; THAT CONTENT OR THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT THE CONTENT, SERVICES OR ANY DATA OF YOURS OR ABOUT YOU ARE SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE CONTENT OR THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THAT THE SERVICES WILL BE COMPATIBLE WITH ANY HARDWARE OR SYSTEMS SOFTWARE CONFIGURATION; OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECOMMENDATIONS PROVIDED BY US.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (WHETHER IN CONTRACT, NEGLIGENCE, TORT OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES OR INABILITY TO USE THE SERVICES, OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, EFFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE SYSTEM FAILURE, LOSS OF DATA, USE OF DATA, OR LOSS OF USE RELATED TO THE SITE OR ANY WEBSITE OPERATED BY ANY THIRD PARTY. IF YOU ARE DISSATISFIED WITH US, THE SERVICES OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES. FURTHERMORE, OUR SOLE LIABILITY TO YOU FOR DIRECT DAMAGES SHALL BE TEN ($10.00 USD) DOLLARS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree to defend, indemnify, and hold us and our employees, contractors, officers and directors harmless from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of the Services or the Content therein. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Unless otherwise indicated, all logos, names, package designs, and marks on the Site or in the App are trademarks or service marks owned or licensed to us. The use or misuse of any of these marks or other information, outside of the terms of this Agreement, is strictly prohibited.
The Terms shall, for all domestic and international purposes, be governed, interpreted, construed, and enforced solely and exclusively in accordance with the laws of the State of New York, U.S.A., without regard to conflicts of law provisions. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms or your use of the Site or the Content shall be filed only in the state or federal courts located in the State of New York, 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. All actions or proceedings arising out of or relating to the Terms shall be venued exclusively in state and federal court in New York You waive any objection you may now or hereafter have with respect to venue or to convenience of such forum.
The Terms constitute the entire agreement between you and us with respect to the Services and supersede all prior or contemporaneous communications and proposals with respect to the Site. If any provision of the Terms is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect.
Our failure at any time to require performance of any provision of the Terms (including the Policy, which is incorporated by reference) or to exercise any right provided for herein or by law shall not be deemed a waiver of such provision or such right. All waivers must be in writing and hand-signed by an authorized representative of us. Unless the written waiver contains an express statement to the contrary, no waiver by us of any breach of any provision of the Terms of any right provided for herein or by law shall be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms.
We respect the intellectual property rights of others. It is our policy to comply with the Digital Millennium Copyright Act, Title 17, United States Code, Section 512, including, without limitation, responding to notices of alleged copyright infringement, and other applicable intellectual property laws. When reporting infringing material to us (“DMCA Notice”) please provide
a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website; identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)(2)), our designated agent to receive notices and counter notices of claimed infringement is:
via email: [email protected]
If you wish to report infringing materials other than for copyright infringement, please provide as much of the above information as possible. Although we reserve the right to remove any material that it believes in good faith to be infringing material that is used without authorization by any user of the Services, we are not obligated to do so except in accordance with the Digital Millennium Copyright Act. We also reserve the right to suspend or delete the account of any repeat offender.
If you have questions about these Terms, please contact us at [email protected]