CONSTANT CONTACT MY REWARDS PROGRAM TERMS AND CONDITIONS
Effective: March 22, 2024

PROGRAM OVERVIEW: The Constant Contact My Rewards Program (the "My Rewards Program" or the "Program") is offered by Constant Contact, Inc. ("Constant Contact") and provides you with the ability receive points and earn Rewards (as defined below) by (i) referring your network to Constant Contact (“Referrals”), or (ii) writing reviews of the Constant Contact Email and Digital Marketing Services (the “Services”) or the Constant Contact “Be A Marketer” podcast (the “Podcast”) across multiple platforms (“Reviews”), all in accordance with these My Rewards Program Terms and Conditions (the "Rules").

By participating in the My Rewards Program, you agree, affirm, and represent that you have read and understand the Rules. In addition, you affirm and represent that you have complied with all the Rules, as well as Constant Contact’s Terms of Service (as applicable), and have not committed any fraud or deception in entering the My Rewards Program.

The My Rewards Program will continue until Constant Contact announces its termination.  Constant Contact reserves the right at any time to modify, suspend or cancel the My Rewards Program or the Rules at any time and in its sole discretion, including the methodology for earning points and Rewards. Any changes made by Constant Contact will be effective immediately on notice, which it may give either by posting on the Program Website or via e-mail. Your continued participation in the Program after such notice will be deemed acceptance of such changes to the My Rewards Program. Periodic review of these Rules and methodology used by Constant Contact to award points and Rewards found at www.constantcontact.com/my-rewards is recommended to ensure familiarity with the most current version. All questions or disputes regarding the My Rewards Program, including without limitation, those involving eligibility, participation, fraud and abuse will be resolved by Constant Contact. Constant Contact’s decision with respect to all aspects of the My Rewards Program is final and binding.

PROGRAM DETAILS:
Participation in the My Rewards Program happens automatically. No registration required. Members of the Constant Contact Community earn points through engagement and activity within the Community. Points can then be exchanged for rewards in the Rewards Store.

To be eligible, you must be 18 years of age or older and a legal resident of the United States, District of Columbia, Puerto Rico, Canada, or the United Kingdom. Constant Contact employees are not eligible to participate in this program. Additionally, you must be a current customer of Constant Contact in good standing.

Referrals: You must share a unique referral link that is made available to you as part of the My Rewards Program with individuals that you wish to refer to Constant Contact and those individuals must use that unique referral link to become a New Customer.  Any Referrals made by any other means under this Program will be considered invalid.  

A "New Customer" for the purpose for the referral program is an individual or business that (1) is not a current Constant Contact customer; (2) becomes a paid Constant Contact customer ; (3) maintains the paid Constant Contact Account for the Services for at least  90 days; and (4) is in good standing.  For the avoidance of doubt, Constant Contact’s Lead Generation and Customer Relationship Management services are not eligible for this My Rewards Program.

Restrictions on Referrals: Individuals may not refer businesses that they own, operate, 

or have decision making authority over. Franchisors may not refer franchisees. Business owners and employees cannot refer their own business, but consultants, contractors and others who are not employees may refer companies for which they are contracted to work. Constant Contact reserves the right to validate that the Participant is/was not an employee at the time of referral. Participants cannot refer immediate family members living within the same household. Partners that resell Constant Contact services or products or that refer prospective customers to Constant Contact are excluded from the Program. Participants cannot refer the same New Customer more than once. In the event of duplicate referral submissions via any of Constant Contact’s referral program portals, the first submission will be accepted, and subsequent submissions disqualified.

Reviews: Reviews must be your original content and you may not use content created by a third party. Reviews of the Services must be based on your actual use of the Services. The content of Reviews must comply with Constant Contact’s Acceptable Use Policy.

You may only post one Review of the Services and one Review of the Podcast per platform. Reviews of the Services must be posted on one of the following platforms: G2, TrustRadius, Alignable, ShopifyApp Store, Capterra (or GetApp or Software Advice). Reviews of the Podcast must be posted on one of the following platforms: Spotify, Apple Podcasts, Google Podcasts, Overcast, Pocket Cast and Amazon Music.  You must have an account for the platform where you post your Review(s) and comply with the applicable terms of service of such platform. Please note that the platforms are not affiliated with Constant Contact nor with the My Rewards Program.  We disclaim, and you agree to assume, all responsibility and liability for any damages or other harm, whether to you or to third parties, resulting from your use of the platforms.

Issuance of the Reward: Once you accumulate enough points to earn a Reward as detailed in the “Rewards” tab athttps://advocacy.constantcontact.com/my-rewards/rewards-shop, you will have the option to (i) receive one  of the electronic gift cards or a physical gift. Rewards are not transferable. You may receive a request to submit a completed and valid W-9. The name of the Rewards recipient must exactly match the name on the W-9 form. Rewards are forfeited following thirty (30) days of non-receipt of a completed and valid W-9 form. Rewards are subject to local, state and federal taxes, which are the responsibility of the Participant. The Participant will receive a 1099 tax form for tax reporting purposes if the amount of Rewards earned during a tax year is $600 or greater. The Rewards will be issued up to thirty (30) days after a New Customer has been deemed eligible and your completed and valid W-9 has been received.

Points earned through this program are only valid while you maintain an active Constant Contact account. If your account is closed or deactivated, any unredeemed points will be forfeited.

USE OF THE SERVICES: You agree to use the Services in compliance with the Constant Contact Terms of Service.  You further agree not to abuse the reward store, the Community website and any other resources provided by Constant Contact. This includes but is not limited to attempts to make referrals or receive Rewards in a manner inconsistent with these Rules or the intent of these Rules, attempting to earn Rewards through illegitimate channels, or any other activity deemed by Constant Contact to be abusive.

GENERAL CONDITIONS: By participating in the Rewards Program, you agree to release, discharge, indemnify, and hold harmless Constant Contact from any and all liability arising from your participation in the Program. This includes your agreement to release, discharge, indemnify, and hold harmless all parent, subsidiaries, affiliates, retailers, and advertising and promotion agencies, and all of their respective officers, directors, shareholders, employees and agents (collectively, "Released Parties") from any liability or damages which may arise out of participation in the Program or out of the acceptance, use, misuse or possession of any Reward or products attained through this Program. You further agree not to: (a) bind, create any obligation (express or implied) or negotiate prices or other terms and conditions on Constant Contact’s behalf (nor represent to any person, including any prospective Constant Contact customer or New Customer, that you have authority to do so); or (b) make any claims regarding the Constant Contact Services. Moreover, you also agree that any promotion methods that you use to promote Constant Contact Services to prospective Constant Contact customers shall be in accordance with all applicable laws and regulations, including the Federal Trade Commission’s Guidelines. This is not an offer or solicitation in any jurisdiction where Constant Contact is not authorized to do business or where such offer or solicitation would be contrary to the local laws and regulations of that jurisdiction. Unauthorized access and use are prohibited. All applicable federal, state, and local laws and regulations apply.

Constant Contact Marks. You acknowledge that Constant Contact’s names, logos, trademarks, service marks and other intellectual property (and the names of products and packages that are provided by Constant Contact) (collectively, "Constant Contact Marks") are the exclusive property of Constant Contact and that you do not have any proprietary rights therein. You may only use and display Constant Contact Marks to the extent authorized and specifically designated by Constant Contact in advance. Any subsequent or additional marketing materials, communications and displays produced by you shall: (1) be created at your sole cost including all expenses; (2) conform to reasonable standards of good taste; (3) comply with Constant Contact’s current marketing and legal compliance guidelines and rules, which may be updated from time to time; and (4) comply with all applicable laws. For the avoidance of doubt, all publications or public displays using Constant Contact Marks must be reviewed and approved in advance by Constant Contact prior to first use. All Constant Contact Marks are the sole property of Constant Contact and will remain as such. Constant Contact may revoke the permissions to Constant Contact Marks at any time in Constant Contact’s sole discretion upon thirty (30) days’ notice and immediately without opportunity to cure if, in our sole discretion, you infringe or improperly use or publish any of our Marks.

Released Parties are not responsible for the following: late, lost, incomplete, delayed, inaccurate, garbled, undelivered, misdirected Rewards or other errors or problems of any kind relating to or in connection with the My Rewards Program, whether printing, typographical, technical, computer, network, human, mechanical, electronic or otherwise, including, without limitation, errors or problems which may occur in connection with the administration of the My Rewards Program, the verification of New Customers, approval of Reviews, the tracking of referrals and New Customers deemed eligible, the announcement of the Rewards or in any My Rewards Program-related materials. Persons confirmed to have abused, altered or tampered with any aspect of this My Rewards Program, who are likewise performing in a destructive or professional manner or who are otherwise deemed non-compliant with these terms as solely determined by Constant Contact will be disqualified from the My Rewards Program and all points and/or Rewards will immediately be deemed void. Released Parties are not responsible for injury or damage to participants’ or to any other person’s computer, table, smartphone, or devices of a similar nature related to or resulting from participating in this My Rewards Program or downloading materials from or use of the My Rewards Website.

Constant Contact reserves the right to disqualify and deregister any Participant in the event that Constant Contact determines that Participant has violated any of these Rules, which determination shall be final. In the event of such disqualification or deregistration, Participant forfeits the rights to receive, and Constant Contact is not obligated to honor or pay any Rewards which vest on or after the date of such effective disqualification or deregistration.

Your participation in the My Rewards Program constitutes permission for Constant Contact and its designees to use your Reviews, name, biographical information, image, likeness and/or statements about the  Services in accordance with the privacy policy (set forth below) for advertising, trade, promotional and other purposes, in any manner, in any and all media now or hereafter devised, worldwide, in perpetuity, without additional compensation, notification or permission, unless prohibited by law.

Except where prohibited, all issues and questions concerning the construction, validity, interpretation and enforceability of these Rules, or the rights and obligations of the participant and Constant Contact in connection with the My Rewards Program, shall be governed by, and construed in accordance with, the laws of the State of Massachusetts without giving effect to any choice of law or conflict of law rules (whether of the State of Massachusetts, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Massachusetts.

WARRANTY. CONSTANT CONTACT MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO ANY SERVICES CONTEMPLATED BY THIS AGREEMENT. CONSTANT CONTACT DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE AND MERCHANTABILITY.

LIMITATION OF LIABILITY: NEITHER CONSTANT CONTACT, NOR ITS AFFILIATES, SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF REVENUE, EVEN IF YOU HAVE BEEN INFORMED IN ADVANCE OF SUCH DAMAGES OR SUCH DAMAGES COULD HAVE REASONABLY BEEN FORESEEN BY CONSTANT CONTACT. THE PARTIES ACKNOWLEDGE AND ACCEPT THE REASONABLENESS OF THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH IN THIS PROVISION.

PERSONAL INFORMATION: Your personal information collected in connection with this Program will be used in accordance with Constant Contact’s Privacy Notice, available at https://www.constantcontact.com/legal/privacy-notice. 

CONTACTING US: If you have any questions regarding the Program or your account, please contact us at: https://community.constantcontact.com/contact-support