Welcome to Perklee! We are a marketing company designed to drive customers to your business through membership services that provides members with access to reviews, information and exclusive “PERKS” to various businesses around the world; as well as an entertainment service through PERKLEE MEDIA including blogs, podcasts, shows and other audio-visual entertainment streamed over the Internet to certain Internet-connected TV’s, computers and other devices.
If you are a resident of the United States (including its possessions and territories), you agree to the Arbitration Agreement and class action waiver described in Section 15 to resolve any disputes with Perklee (except for matters that may be taken to small claims court).
5. Business Partnership, Featured Partnerships, Billing and Cancellation
5.1. Business Listing
5.1.1. Perklee service is paid partnership and lasts indefinitely or until you cancel your partnership. Perklee reserves the right, in its absolute discretion, to determine the availability of any paid partnership. The following conditions must be met in accordance with your paid partnership:
18.104.22.168. Place QR Code in the footer of a generated purchase receipt at acceptable POS stations and/or place sticker decals in visible areas within your place of business.
22.214.171.124. Offer a minimum one (1) Perk daily exclusively to our Premium Members each month to be placed on your public profile page on perklee.com website.
126.96.36.199.1. Partners have complete control over what to offer to Premium Members
188.8.131.52.2. If no Perks are live, an Ad will show in it’s place.
184.108.40.206.3. Perklee, Inc. will notify Partner 3 days prior and 1 day prior to Perk expiring if no other Perks are live.
220.127.116.11. Allow Perklee, Inc. to email market to all Free, Monthly and Annual Members on your behalf the day following at 8 am EST the upload a new perk and/or perks. Perklee, Inc. may also communicate each month through an email and/or Perklee Small Business Magazine.
5.2. Featured Partnerships
5.2.1. Featured Partnership. Your Perklee featured partnership will auto-renew each quarter until you cancel, or we terminate it. You must provide us with a current, valid, accepted method of payment (as such may be updated from time to time, “Payment Method”) to be a featured partner with Perklee. We will bill the quarterly to your Payment Method. You must submit a written notice thirty (30) days prior to your renewal date if you wish to cancel to avoid billing of the next quarters fees to your Payment Method.
5.3. Featured Partners Billing & Payments
5.3.1. Recurring Billing. By activating your Perklee featured partnership, you authorize us to charge you a quarterly fee at the then current rate, and any other charges you may incur in connection with your use of Perklee service to your Payment Method. You acknowledge that the amount billed each quarter may vary from quarter to quarter for reasons that may include differing amounts due to promotional offers and/or changing or adding marketing areas to your partnership, and you authorize us to charge your Payment Method for such varying amounts, which may be billed quarterly in one or more charges.
5.3.4. No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to Perklee through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our partners (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
5.3.5. Payment Methods. You may edit your Payment Method information by visiting our website and clicking on the “Login” link, available at the top of the pages of Perklee website. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, “Cancellation” below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.
5.3.6. Partner Referral Payments. Perklee agrees to pay Partners commissions for new premium members if they become paid members after being referred to Perklee.com through a partners QR Code, Referral URL, Referral Code or CRM Upload. Perklee agrees to pay one ($1) US Dollar per premium member per month to the Payment Method provided in the Partner Dashboard until the member cancels their premium membership or cancellation of your partnership, whichever comes first.
5.3.7. Cancellation. You may cancel your Perklee partnership or featured partnership at any time. You will continue to have access to Perklee partnership service through the end of your billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH PARTNERSHIP PERIODS. YOU AGREE THAT ALL MEMBERSHIP COMMISSION PAYMENTS PAID TO YOU MONTHLY IN ACCORDANCE TO THIS AGREEMENT WILL END AND YOUR FINAL PAYMENT AFTER YOUR PARTNERSHIP CANCELLATION DATE WILL OCCUR BY THE 15TH OF THE FOLLOWING MONTH. IF YOU WISH TO REINSTATE YOUR PARTNERSHIP AFTER CANCELLATION IS FINALIZED, YOU UNDERSTAND THAT PREMIUM MEMBER PAYMENTS CANNOT BE REINSTATED. YOU WILL ONLY BE PAID FOR NEW PREMIUM MEMBERS IN ACCORDANCE WITH YOUR NEW PARTNERSHIP DATE. To cancel, please you’re your Territory Sales Representative or our Corporate Office at 800.869.6430.
5.3.8. Commission Deposits. Earned commissions from the previous month exceeding $99 will be deposited monthly by the 15th of every month. If earned commissions are less than $100, the commission payment will be rolled to the month following or until total commissions earned reaches or exceeds $100.
18.104.22.168. Commission Deposits are subject to a four ($4) dollar service fee per deposit.
6. Perklee Media Submissions
6.1.1. In accordance to this agreement, any Partner may submit content in the form of a blog, podcast or video to be featured on Perklee Media.
6.1.2. Perklee agrees to distribute 50% of advertising revenue each month back to any partner who has active content on Perklee Media. Funds are distributed based on the following formula:
Total Perklee Media Monthly Advertising Revenue x .5 / Total # of clicks/mo. = Total Payout per Click
Total Payout per Click x Total Number Partner Content Clicks within payout period = Monthly Payout.
6.1.3. Advertising revenue is not guaranteed and is subject to advertising sales on PERKLEE MEDIA only.
7. Perklee Service
7.1. You must be 18 years of age, or the age of majority in your province, territory or country, and be a representative of the facility or company to become a partner of Perklee service.
7.2. Perklee service, and any content viewed through our service, are for your personal and non-commercial use only.
7.3. Perklee will use technologies to verify your geographic location.
7.4. We continually update Perklee service, including the content library. In addition, we continually test various aspects of our service, including our website, user interfaces, service levels, promotional features, availability of podcasts, blogs and shows, delivery and pricing. We reserve the right to, and by using our service you agree that we may, include you in or exclude you from these tests without notice. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate our service.
7.6. The availability of podcasts, blogs and shows to watch will change from time to time, and from country to country. The quality of the display shows may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. Perklee makes no representations or warranties about the quality of your watching experience on your display. The time it takes to begin watching a show will vary based on several factors, including your location, available bandwidth at the time, and the show you have selected.
8. Passwords & Account Access
8.1. The partner who created Perklee account and whose Payment Method is charged is referred to here as the Account Owner. The Account Owner has access and control over Perklee account. The Account Owner’s control is exercised through use of the Account Owner’s password and therefore to maintain exclusive control, the Account Owner should not reveal the password to anyone. In addition, if the Account Owner wishes to prohibit others from contacting Perklee Customer Service and potentially altering the Account Owner’s control, the Account Owner should not reveal the Payment Method details (e.g., last four digits of their credit or debit card, or their email address if they use PayPal) associated with their account. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.
8.3. You should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to Perklee website and not through a hyperlink in an email or any other electronic communication, even if it looks official. Perklee reserves the right to place any account on hold anytime with or without notification to the partner in order to protect itself and its partners from what it believes to be fraudulent activity. Perklee is not obligated to credit or discount a partnership for holds placed on the account by either a representative of Perklee or by the automated processes of Perklee.
9. Disclaimers of Warranties and Limitations on Liability
9.1. PERKLEE SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH PERKLEE SERVICE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. PERKLEE DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF PERKLEE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
9.2. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL PERKLEE, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.
9.3. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
10. Promotional Codes. Promotional codes may be redeemed on our website. Promotional codes can only be used once and cannot be redeemed for cash, resold or combined with any other offers. If you received a promotion code through an offer by a third party, additional restrictions may apply.
11. Intellectual Property
11.1. Copyright. Perklee service, including all content provided on Perklee website, is protected by United States and international copyright, trade secret or other intellectual property laws and treaties.
11.2. Trademarks. Perklee and PERKLEE MEDIA are pending registered trademarks of Perklee, Inc.
11.3. Patents. Perklee has patent pending patents that apply to our service.
11.4. Claims of Copyright Infringement. If you believe your work has been reproduced or distributed in a way that constitutes copyright infringement or are aware of any infringing material available through Perklee service or PERKLEE MEDIA, please notify us by calling 800.869.6430
12. Governing Law
12.4. You may also be entitled to certain consumer protection rights under the laws of your local jurisdiction.
13. Applications. You may encounter third-party applications (including, without limitation, websites, widgets, software, or other software utilities) (“Application(s)”) that interact with Perklee service. These Applications may import data related to your Perklee account and activity and otherwise gather data from you. These Applications are provided solely as a convenience to you, and Perklee is not responsible for such Applications. SUCH APPLICATIONS ARE OWNED OR OPERATED BY THIRD PARTIES THAT ARE NOT RELATED TO WITH OR SPONSORED BY PERKLEE AND MAY NOT BE AUTHORIZED FOR USE WITH OUR SERVICE IN ALL COUNTRIES. USE OF AN APPLICATION IS AT YOUR OWN OPTION AND RISK.
14. Use of Information Submitted. Perklee is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (“Feedback”), including responses to questionnaires or through postings to Perklee service, including Perklee website and user interfaces, without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving Perklee service. In addition, you agree not to enforce any “moral rights” in and to the Feedback, to the extent permitted by applicable law. Please note that Perklee does not accept unsolicited materials or ideas for podcasts, blogs or shows, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Perklee. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against Perklee and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.
16. Arbitration Agreement
16.2. If you elect to seek arbitration or file a small claim court action, you must first send to Perklee, by certified mail, a written Notice of your claim (“Notice”). The Notice to Perklee must be addressed to: General Counsel, Perklee, Inc., P.O. BOX 4431, Pinehurst, North Carolina 28374-4431 (“Notice Address”). If Perklee initiates arbitration, it will send a written Notice to the email address used for your membership account. A Notice, whether sent by you or by, Perklee, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If Perklee and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Perklee may commence an arbitration proceeding or file a claim in small claims court.
16.3. You may download or copy a form Notice and a form to initiate arbitration at www.adr.org.
16.4. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless Perklee and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your residence.
16.5. If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of Perklee’s last written settlement offer made before an arbitrator was selected (or if Perklee did not make a settlement offer before an arbitrator was selected), then Perklee will pay you the amount of the award or US$1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
6. YOU AND PERKLEE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Perklee agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.