Updated: May 4, 2018
This Agreement contains the complete terms and conditions that apply to an individual's or entity's participation in the Sheet Music Plus Easy Rebates Program (the "Program"). As used in this Agreement, "we" means Sheet Music Plus, and "you" means the applicant.
To apply to the Program, you will submit a complete Program application on our site. We will evaluate your application in good faith and will notify you if you are rejected. We will reject your application if we determine, at our sole discretion, that you do not qualify for the program. You must be an active music teacher, college music student, or choir director to qualify for the program.
We will track and process product orders placed by you and anyone who uses the special Sheet Music Plus web address (special URL) we assign you at enrollment. We will also track any "tell-a-friend" messages sent from your special URL. We will send you reports summarizing this sales activity. The form, content, and frequency of the reports may vary from time to time at our discretion. When a customer comes to our site from your special URL, our web server sends a client-side text string (cookie) containing your ID code to their computer. Our system uses those strings to identify your site. For customers whose web browsers have been set to reject text strings, our system will track the primary URL address the customer came from, and where possible match that address to your site for credit.
For a product sale to qualify for a rebate, the customer must use your special URL or check out using the same email address associated with your Easy Rebates account, purchase the product using our online ordering system, accept delivery of the product at the shipping destination, and pay by credit card, PayPal, check or money order, or invoice. ShowKits (MTI's Broadway Junior Collection, Getting to Know... Collection (G2K) and MTI's Kids Collection) do not qualify. We reserve the right to reject orders that do not comply with requirements that we may periodically establish. We will credit you for every qualifying purchase a customer makes, including repeat purchases, as long as your URL was the last one to have made the referral and as long as the customer's purchases are completed within 30 days of having been referred.
You will earn an 8% rebate based on the sale price of Qualifying Products according to schedules we establish. "Sale price" means the price referred to in our catalog as "your price" and excludes all other costs associated with an order.
We will pay rebates monthly approximately 30 days following the end of the calendar month in which they are earned. We will send you payment via gift certificate, check or PayPal for the rebates earned on products that were shipped during that month, less any taxes that we are required by law to withhold. However, if the rebates payable to you for any month are less than $10.00 for gift certificate, $20.00 for PayPal or $50.00 for check, we will hold those rebates until the total amount due reaches the minimum specified prior, if earlier, until this Agreement is terminated. If a product that generated a rebate is returned by a customer, we will deduct the corresponding rebate from your next payment. If thereafter your site accrues no rebates during the following month, we will send you a bill for the overpayment.
You must maintain a current address and phone number in your Easy Rebates account so that we can contact you in the event of an unclaimed payment. Your account will be terminated should we not be able to contact you with reasonable effort.
Customers who buy products through this Program will be deemed to be customers of Sheet Music Plus. Accordingly, all Sheet Music Plus rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.
The terms of this Agreement will begin upon our acceptance of your Program application and will end when terminated by you or us. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. You are only eligible to earn rebates on sales of Qualifying Products occurring during the term, and rebates earned through the date of termination will remain payable only if the related orders are not canceled or returned. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.
We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on our site. Modifications may include, for example, changes in the scope of available rebates, rebate schedules, payment procedures, and Program rules.
IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.
We will not be liable for indirect, special or consequential damages or any loss of revenue, profits or data arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such. Further, our aggregate liability arising with respect to this and the Program will not exceed the total rebates paid or payable to you under this Agreement.
We make no express or implied warranties or representations with respect to the Program or any products sold through the Program including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage. In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
This Agreement will be governed by the laws of the United States and the state of California, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in San Francisco, California, and you irrevocably consent to the jurisdiction of such courts. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.