Terms & Conditions

Member Agreement - Important

Please read this Member Agreement (the "Agreement") carefully before enrolling as a member of Aspira Networks' LiliDeals Cash Back Rewards Program (the "LiliDeals Program"). This Agreement explains the terms and conditions governing membership in the LiliDeals Program (the "Program Terms and Conditions"), and it is your responsibility to read and understand them. By enrolling as a member ("Member") in the LiliDeals Program you agree to be bound by the LiliDeals Program Terms and Conditions. Enrollment is defined as providing Aspira Networks with your valid email address and a password to access your account. Participation in the LiliDeals Program and its benefits are offered at the discretion of Aspira Networks, and Aspira Networks has the right to change the LiliDeals Program Terms and Conditions, in whole or in part, at any time with or without notice.

Member Rights and Responsibilities

1. You must be an individual, 18 years of age or older.

2.  Members must be human: no machines, scripts, robots, or automated services may be used to accumulate any financial benefits derived from the use of the LiliDeals Program Web site.

3. You may maintain only one account. Any duplicate accounts are subject to cancellation and the potential loss of Cash Back Rewards.

4. Any attempt to tamper, hack, spoof, copy, modify or otherwise corrupt the administration, security or proper function of any part of the LiliDeals Program Web site, located at LiliDeals.com, will result in termination of membership, loss of Cash Back Rewards and referral commissions and bar you from future participation, and may result in legal action.

5. You must have Internet access and an email address to be eligible to receive the privileges and benefits of membership. Aspira Networks is not responsible for your inability to connect to the Internet, log into the LiliDeals Web site, or access your LiliDeals account.

6.   By agreeing to these terms, you also agree not to "spam" unknown individuals by sending them unwanted emails to solicit their membership in the LiliDeals Program. Refusal to abide by this or any other rules may result in Aspira Networks stripping you of referrals and/or canceling your membership.

7. Your password and account are personal to you and are non-transferable. You may not allow anyone else to use your password or account. Aspira Networks is entitled to act on instructions received under your password. Aspira Networks shall not be liable for losses that are incurred through the use of your password by a third party. Cash Back Rewards and Referral Commissions earned under the LiliDeals Program cannot be assigned or transferred to a third party.

8. You may cancel your Membership at any time by sending an email to Customer Care, and indicating your cancellation on your account information. Should you decide to cancel your membership or if there is no activity in your account for a period of 12 consecutive months, you will forfeit all earned Cash Back Rewards, all earned referral commissions, and bonuses any other account balances. If you choose to re-enroll at a later date, you will be assigned a new account number with a starting balance of $0.

Passwords and Account Access

Upon registration for the LiliDeals Program, you will select a password that will allow you to access your LiliDeals account via the LiliDeals Web site to verify transfers, check account balances, and modify your account information.

You must be logged into LiliDeals.com and enter your password to change your account settings and payment preferences. You may check your account status and recent earning history at any time via the My Account tab on the LiliDeals Web site.

Aspira Networks is entitled to act on instructions received under your LiliDeals account password. For security purposes, it is recommended that you memorize your password and do not write it down. You are responsible for keeping your email address, password, account numbers, and other account information confidential. Aspira Networks is not responsible for any credits or debits made to your account by someone else who uses your password.

Account Information Disclosure

You authorize Aspira Networks to only disclose to third parties information you have provided, or information that Aspira Networks has obtained about your LiliDeals account or shopping behavior: (i) to agents and licensors of Aspira Networks 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 store partner, or (iv) where it is necessary for redemption or transfer of your cash back rewards. Further, you authorize Aspira Networks to receive any account information from any Affiliated Store including, but not limited to information regarding purchases made, items searched for or added to your shopping cart, products ordered, order number, the time and date the purchase occurred, and the email address entered for the purchase. You agree to hold the Affiliated Store harmless for any information disclosed to Aspira Networks. You allow Aspira Networks to collect and use non- personally identifiable information regarding visits and related to purchases made from internet commerce sites for marketing purposes.

By signing up for membership in the LiliDeals Program, you agree to receive communications that are account and membership related, as well as periodic shopping-related emails that highlight coupons and special deals that are available to LiliDeals Program members. Please be assured that we won't send emails to you unnecessarily. If you don't wish to ever hear from us you can close your account by contacting Customer Care.

Cash Rewards Accrual

Members will be credited, subject to the terms and conditions enumerated in this Agreement, a percentage of the net purchases they make at the stores affiliated with and accessed via the LiliDeals Program ("Affiliated Stores"). The specific cash back payment associated with each Affiliated Store will be posted on the LiliDeals Web site. The net purchase is defined as the total amount paid to the store minus tax, gift wrapping, shipping, promotional credits, returns, cancellations, and transaction fees or as the Affiliated Store defines on their respective Web site.

All Affiliated Store membership and/or operating agreements as they relate to their affiliate or partner programs with Aspira Networks and which reside on the Affiliated Store's respective Web sites are hereby incorporated into this Agreement by reference.

As a Member, purchases made through LiliDeals Affiliated Stores will be deemed "Qualified Purchases" and will earn cash back if and only if all of the following criteria are satisfied. "Cookies," both first and third party (if applicable), must be enabled on your Web browser. All potential Qualified Purchases must begin by clicking on a LiliDeals Program link to the Affiliated Store. The LiliDeals Program link to an Affiliated Store must not be altered. All purchases must be started and completed in one shopping session after the member clicks through to an Affiliated Store via a LiliDeals Program link. If a purchase is completed during a different shopping session, it will not be considered a qualified purchase. Purchases must not use coupons provided by any party other than the LiliDeals Program. Purchases from "Coupons Only" and "No Discount" Affiliated Merchants are not deemed a "Qualified Purchase."

The determination of whether or not a purchase made through a LiliDeals Affiliated Store is a "Qualified Purchase" is at the sole discretion of Aspira Networks. All cash back rewards earned by Members are subject to review. Necessary adjustments may be applied to Member accounts at any time by Aspira Networks 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 LiliDeals Program. Aspira Networks 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.

If an Affiliated Store fails to report a LiliDeals Program transaction to Aspira Networks, or withholds payment to Aspira Networks for a particular transaction for any reason, Aspira Networks reserves the right to cancel the cash back reward associated with that transaction. Cash back rewards awarded to Members are subject to adjustments for returns, cancellations, and other events. Such adjustments can be applied to Member accounts at any time by Aspira Networks at its sole discretion. Should you disagree with any adjustments made to your account, your sole remedy is to withdraw from the LiliDeals Program.

You may be taxed on your accrual of cash back rewards, depending on the amount of cash back rewards you accrue and the tax laws of federal, state, and local jurisdictions. Aspira Networks 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 rewards.

There are a limited number of purchases that are not eligible for accrual or payment of cash back rewards. We do our best to maintain an up-to-date list on our cash back exclusions page. Please note that Affiliated Stores regularly change policies and if an Affiliated Store fails to report a transaction to Aspira Networks, or withholds payment to Aspira Networks for a particular transaction for any reason, Aspira Networks reserves the right to cancel the cash back reward associated with that transaction.

Although we do our best to ensure your account is up to date, it is your responsibility to check your account regularly to ensure that cash back rewards have been properly credited and that your account balance is accurate. If you do not believe that a cash back reward has been correctly credited to your account you must contact Aspira Networks Customer Care within 90 days of the transaction.

Aspira Networks is not responsible for changes to, or discontinuance of, any Affiliated Store, or for any Affiliated Store withdrawal from the LiliDeals Program, or for any effect on accrual of cash back rewards caused by such changes, discontinuance, or withdrawal. Aspira Networks is not responsible for changes to, or discontinuance of, any special offer or coupon code at an Affiliated Store site. It is the Member's responsibility to make sure that all specials are valid. If you choose to use coupons and specials that are not listed on the LiliDeals Web site, we cannot guarantee that you will be eligible to receive a LiliDeals cash back reward on your purchases.

Signup and Referral Bonuses

A signup bonus of $5.00 will be automatically credited to your account once you have completed the sign up process. Sign up bonuses will not be paid until you have earned a minimum of $20 in shopping commissions. All commission balances will be tracked in your account history, you may check your account history at any time to see credited and pending commission transactions.

A referral commission of $5.00 may be earned when someone registers with the LiliDeals Cash Back Reward Program from our referral email page, makes a qualified purchase to receive their own Cash Back Reward, and names you as the referring party within 30 days of receiving the referral email. If the referred individual is already a registered Member of LiliDeals.com, no referral commission will be earned.

Credits accrued from referrals are credited to your account once the referred individual has earned at least $5.01 in shopping commissions.

Credits earned from referral commissions will be not be paid until you have achieved the minimum threshold balance of $20 which is based on shopping commissions.

Coupons Only and No Discount transactions do not qualify for referral bonus or sign-up bonus purchases.

The referral commission program may be ended, commissions changed or the program modified in any way, at any time, and without notice, though all previously earned Referral Commissions will be paid per the above terms should this occur.

Payment Schedule

Money earned through the referral program will be paid along with regular cash back rewards. The referral program may be ended, percentages reduced or the LiliDeals Program modified in any way, at any point, and without notice, though all accrued referral monies will be paid in full if and when this occurs.

Purchases made from an Affiliate Store will be posted to your personal account within five (5) business days from notice thereof to Aspira Networks by an Affiliate Store. Once we receive payment for your transaction and the return period defined by the Affiliate Store has expired, the LiliDeals Cash Back Rewards balance, adjusted for returns or other such variables, will be sent to you in the form of a check on the next scheduled payment date as set forth below.

All LiliDeals Cash Back Rewards are paid in U.S. dollars. Aspira Networks pays its members accrued cash back and other monetary awards every three (3) months, at a minimum. Each payment represents accruals credited during the previous quarter based on the schedule below. Members must have accrued at least $20 cash back during the previous quarter to receive payment. Account balances below $20 will be carried over to the following payment period. Sign up and referral awards do not count toward the $20 cash accrual minimum.

Cash Back Rewards accrued to your account are subject to adjustment due to cancellations, returns and other events, including the Affiliate Store's failure to pay Aspira Networks its commission. Aspira Networks can make such adjustments to Member accounts at any time at its sole discretion. In the event you disagree with the adjustments made to your account, you need to let us know by email within thirty (30) days after the disputed adjustment has been posted to the LiliDeals Cash Back Rewards section of your account. After 30 days, your sole recourse is to terminate your account with Aspira Networks.

Payments are distributed according to the following schedule:

Cash Back Earned By:

August 31, 2008

September 30, 2008

October 31, 2008

November 30, 2008

December 31, 2008

January 31, 2009

February 28, 2009

March 31, 2009

April 30, 2009

May 30, 2009

June 30, 2009

July 31, 2009

August 31, 2009

September 30, 2009

October 31, 2009

November 30, 2009

December 31, 2009

Date Check Mailed*

October 31, 2008

November 28, 2008

December 31, 2008

January 30, 2009

February 27, 2009

March 31, 2009

April 30, 2009

May 29, 2009

June 30, 2009

July 31, 2009

August 31, 2009

September 30, 2009

October 31, 2009

November 30, 2009

December 31, 2009

January 31, 2010

Feburary 28, 2010

*Cash Back Rewards checks are mailed on or around these dates.

Please note that orders from certain merchants cannot be paid according to the typical schedule and must be held for 75-90 days following purchase based on the Affiliated Store return and commission policy. We do our best to maintain a list of stores whose payment policies delay our ability to pay members cash back on our delayed cash back page. Aspira Networks reserves the right to delay payment based on changes to store return and commission procedures at any time.

It is your responsibility to keep your account information current in order to facilitate the payment of your cash back rewards. In the event that your information is not current at the time of payment, you forfeit all accrued cash back rewards to Aspira Networks. Aspira Networks is not responsible for any misapplied payments or payments sent to the wrong address if these errors were caused by inaccurate email or contact information provided by the member. We are also not liable for errors made by payment partners like PayPal, although we will work hard to resolve any such issues should they occur.

Disclaimer

The LiliDeals Program is being provided to member "as is" with no warranty. To the maximum extent permitted by law, Aspira Networks disclaims all representations and warranties, express or implied, with respect to the LiliDeals Program, including, but not limited to, implied warranties of stores, ability and fitness for any particular purpose and implied warranties arising from course of dealing or course of performance.

Aspira Networks 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 Stores or suppliers in conjunction with the LiliDeals Program. In addition, although Aspira Networks intends to take reasonable steps to prevent the introduction of viruses or other destructive materials to the LiliDeals Web site, Aspira Networks does not warrant, guarantee or make any representations that this site is free of destructive materials. In addition, Aspira Networks does not warrant that access to this site will be uninterrupted or error-free, and Aspira Networks assumes no responsibility for any damage caused by your access, or inability to access, or this site, including, but not limited to, your inability to accrue cash back rewards by purchasing items with an Affiliated Store.

Limitation of Liability

 In no event will any other company with which Aspira Networks has a corporate partnering relationship, including without limitation, co-branding, co-marketing, joint development, a store relationship, or a licensing or supplier relationship (each a " business partner") be liable to you for non-performance of LiliDeals Program obligations. You agree not to sue any business partner for non-performance by Aspira Networks. In no event shall Aspira Networks 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 LiliDeals Program; (ii) any failure, delay, or decision by Aspira Networks in administering the LiliDeals Program; (iii) the use or inability to use this Web site including, but not limited to lost profits, lost business or lost opportunity, or any indirect, special, incidental or consequential or exemplary or punitive damages, including legal fees, arising out of such use or inability to use the Web site, or (iv) the purchase or use of any merchandise, products, or services of stores or suppliers, even if Aspira Networks, 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.

 Member agrees to indemnify and hold Aspira Networks, 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 member's use of the LiliDeals Program, the violation of these policies by member, or the infringement by member, or other user of the LiliDeals Program using the member's 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 LiliDeals Cash Back Rewards Program

Aspira Networks reserves the right to terminate the LiliDeals Program at any time with notice. Notification of Program termination will be sent to the email address you provide to Aspira Networks during the registration process. Aspira Networks will not be responsible for failing to notify you of Program termination where such failure is caused by any reason outside the control of Aspira Networks, including an error in your email program, an inaccurate email address, your failure to check for your email online, or your failure to inform Aspira Networks of a change in your email address.

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

Membership Termination

Membership in the LiliDeals Program is subject to the Aspira Networks Terms and Conditions. Any failure to comply with the Aspira Networks Terms and Conditions, any fraud or abuse relating to the accrual or redemption of cash back rewards, or any misrepresentation of any information furnished to Aspira Networks or its affiliates by you, or anyone acting on your behalf, may result in the termination of your membership in the LiliDeals Program, cancellation of your LiliDeals account and/or forfeiture of your accrued cash back rewards. Aspira Networks also reserves the right to close accounts that have been inactive for more than 12 months. Inactivity is defined as no tracked usage of the LiliDeals Web site. Any deactivated account loses accrued funds and Program access.

Errors and/or Disputes

All questions or disputes regarding the LiliDeals Program, including without limitation, questions or disputes regarding eligibility for the LiliDeals Program, or the eligibility of cash back rewards for accrual or redemption, must be submitted in writing within ninety (90) days of the qualifying transaction, to Aspira Networks at: Customer Care, Aspira Networks Inc., P.O. Box 1021, Palo Alto, CA, 94302, or contact Customer Care (customercare at lilidealsdotcom). Any such disputes shall be resolved by Aspira Networks at its sole discretion. All interpretations of Program Terms and Conditions shall be at the sole discretion of Aspira Networks. In the event that an error is made by Aspira Networks, your sole remedy shall be the credit of the disputed cash back reward to your LiliDeals account.

Miscellaneous

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 LiliDeals Web site and service, you (the Member) agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California and therefore agree to file any grievance or suit of any kind exclusively in the courts located within the county of Santa Clara. 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. Aspira Networks' 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 Aspira Networks and the Affiliated Stores or between Aspira Networks and any other of its Business Partners. Neither the Affiliated Stores nor any Business Partner shall have the ability to create any obligation on Aspira Networks' behalf. This Agreement constitutes the entire agreement between you and Aspira Networks with respect to the LiliDeals Cash Back Rewards Program.

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