Boostapal Booster Member Agreement

This user/Booster agreement (“Agreement”) describes the terms of service under which you may access Boostapl (hereafter BAP). Before you can use the BAP website, you must read and accept the terms and conditions of this Agreement and the Privacy Policy, which is incorporated herein by this reference and constitutes a part of this Agreement.

As used in this Agreement, the term “student member” refers to a student who uses BAP to generate traffic to BAP through a qualified link provided by BAP and receives a boost when a qualifying purchase is made with any of our affiliate merchants. The terms “you”, “Booster”, or “user” all refer to the person or entity who uses a qualifying link supplied by a student member to make a purchase with an affiliate merchant.

Program Overview

Boostapal allows users/boosters to access the Boostapal mall and make purchases through its qualifying links. When a Booster makes a qualified purchase at a participating merchant through a qualifying link supplied to him by a BAP student member the student member will receive a monetary boost. A boost is a dollar amount given to a student member when a qualifying purchase is made through a qualified link at the BAP mall and is a percentage of the total qualifying sales price excluding shipping, handling and tax

A Booster is an individual who makes a qualifying purchase through a qualified link that was supplied by a student member. A"BAP merchant", “affiliate merchant” or “participating merchant” is any merchant currently participating as a merchant in the Mall at www.Boostapal.com. 

No Cost to participate

There is no cost to participate in this program. BAP offers a boost by working with online retailers utilizing affiliate marketing.

Eligibility

A Booster must be at least 18 years old and must create and maintain an account with BAP. Boosters may not have more than one account and are prohibited from selling, trading, or otherwise transferring their BAP account to another party. Boosters are prohibited from attempting to receive boosts resulting from their own purchases. Using BAP to receive “cash back” on purchases is not permitted and will result in termination from the program and forfeiture of all balances in the BAP account. Only Student members may receive monetary boosts.

Boostapal services are not currently available to individuals residing in the EU. 

Use of the BAP Program

As a Booster, the student member(s) who you are boosting receives a monetary boost when a qualifying online purchase is made by you via a qualified link provided to you by a student member from a merchant participating in our program. You must start eacj shopping session at the Boostapal Mall and you must have cookies enabled on your web browser. A 'Qualified Purchase', must also satisfy the following criteria:

1. You must log on to Boostapal with your username to be properly linked to a student member’s portal. You may be linked to more than one student member.
2. You must make all qualified purchases by clicking on the participating merchant’s link that appears on the BAP website, and be successfully connected to the participating merchant’s website as a result of that click. 
3. You must complete the qualified purchase during the same session immediately following the initial click-through to the participating merchant's site.
4. Discount codes, coupon codes or promotion codes that are not supplied by BAP will likely disqualify a purchase as a qualified purchase per merchant agreements.
5. Purchase must not be made with gift card or gift certificate as part of the payment method.

Common reasons why a purchase may not qualify for a boost include:  

1. You do not meet eligibility requirements listed above.
2. You do not have cookies enabled on your computer.
3. You complete multiple transactions without returning to the BAP mall. (Completing each transaction ends your Booster’s "boost session" with BAP, and you must return to the BAP mall for boosts to be received on additional items or from additional stores).
4. You do not log onto Boostapal.com prior to initiating a transaction.
5. You click on any "special offers" or toolbars from other websites while shopping.
6. You contact the merchant to change an order.
7. You used a coupon or offer code obtained outside of BAP.

All purchases may be disqualified, at the sole discretion of BAP, if the booster member or his student member attempts (1) to use BAP through any means other than through participating sign-up pages; (2) to disrupt BAP and/or circumvent the terms and conditions of this Agreement; (3) to use automated means to create entries/registrations; (4) register on behalf of another person; (5) provide false or unverifiable information to Boostapal.com; or (6) sign up multiple times.  And, if any of the above or other attempts to defraud advertisers or BAP occur, BAP reserves the right to remedy any such action, disruption or circumvention in a manner, determined solely by BAP that is fair and equitable to other members, advertisers, and nonprofits. BAP may not give notice in such an instance.

Exceptions

Occasionally purchases at our affiliated merchants' websites will not generate commissions for Boostapal. These may include, but are not limited to, gift certificates, gift cards, and other items determined by the merchant. Boostapal can not pay boosts on purchases that do not generate a commission for Boostapal or for which a merchant cancels a commission. However, Boostapal will, without exception, always disburse at least 50% of the commissions it receives as boosts.

Account Information

You are responsible for maintaining accurate account information at all times, including valid email address information. You are responsible for keeping your email address, password and all other information concerning your account confidential. BAP is entitled to act on instructions received under your username and password. BAP is not responsible for any changes made to your account by someone else who uses your username or password. BAP will not be responsible for any losses or liabilities incurred through the use of your password by a third party.

We partner with Rakuten Marketing, who may collect personal information when you interact with our site. The collection and use of this information is subject to the privacy policy located here. https://rakutenmarketing.com/legal-notices/services-privacy-policy/

Our Duties

We will provide you with links on Boostapal.com to the websites of affiliate merchants. When you click one of these links and make a qualifying purchase at that merchant's website, your chosen student member(s) will receive a boost. The boost is a percentage of the total purchase price less shipping, handling and tax. We will make every effort to accurately track and report your qualifying purchases, but you will not hold us liable for any delays or failures in tracking or reporting that are the fault of the merchant in reporting your purchase to us. Furthermore, you will not hold us liable for any technical failures that delay or prevent your purchase, and therefore your student’s possible boosts from being reported to us. If you have disabled cookies or other technologies used in tracking purchases, this may be the cause of such technical failure.

In the event of a dispute between you and a merchant listed on this website, to the maximum extent permitted by applicable law, you release Boostapal, its respective affiliates and any third parties under contract with Boostapal and their respective officers, directors, employees, agents and legal representatives from and against claims and damages of any kind, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such a dispute.

Non Member specific boosts – Community boost fund

Nearly all of the merchants on our site allow Boostapal to track purchases to specific boosters so that a boost may be forwarded to the booster’s student(s). A limited number of merchants agree to pay Boostapal a commission but do not permit us to track and link a booster’s purchase to his student(s). This prevents us from directing a boost from a booster’s purchase to his student(s). These merchants are labeled “Community Boost Merchant.”

We place at least 50% of the commission Boostapal receives from these merchants into the Boostapal Community Boost Fund and distribute the contents to all student members four times per year (March, June, September, December).

To help insure fairness, the fund will be distributed based on each student’s boosters’ participation in Boostapal. Each student’s share of this fund will be based on the total available boosts that the student received during that quarter as a percentage of the total available boosts received by all students during the quarter.

Also, individuals who use the Boostapal mall but are not members will still generate a boost with each purchase. These boosts will be deposited into the Community Boost fund and distributed as noted above.

Termination and Modification

You agree that BAP may terminate your membership, account and access to the BAP Program for a breach or violation of this Agreement or other agreements or guidelines referred to herein. Termination for a breach or violation of this Agreement shall result in your account closure and your right to participate will cease.

BAP reserves the right to modify this Agreement from time to time, with or without notice. If there is a modification to the Program, we will endeavor to notify you; however, we will not be responsible if you do not learn of the modification. Continued participation in the Program after such modification shall be deemed to be your acceptance of any such modification. It is your responsibility to check this page of the BAP 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 Program.

You may cancel your account at any time by contacting customer service via email. Immediately upon cancellation, your account will be closed. You understand and agree that upon closing your account, your right to participate will cease.

Account Inactivity

We encourage users to actively log in and use Boostapal when they register for an account. To keep your account active users must log in once every 6 months. Inactive accounts may be permanently removed, however all Boosts generated by the Booster prior to the account removal will remain in his/her students' accounts provided such accounts are active. Please use your Boostapal account once you sign up.

General Provisions

Notice to members may be made by posting information on the Boostapal.com Web site or via e-mail.  Members may give notice to Boostapal.com by visiting the Contact us page.

BAP reserves the right to refuse any membership, advertiser, advertisements, or recipient organizations. 

You authorize Boostapal to disclose to third parties information you have provided, or information that BAP has obtained about your BAP account: (i) to agents of Boostapal or its affiliates, such as independent auditors, consultants or attorneys; (ii) to comply with government agency or court orders or requests; or (iii) where it is necessary for redemption or transfer of your boosts. You agree to hold the participating merchant harmless for any information disclosed to Boostapal.

By accepting the terms of this Agreement, you agree to indemnify, defend and otherwise hold harmless BAP, its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential, punitive or exemplary damages resulting from: (i) your membership and/or participation in the BAP Program; (ii) your use of the BAP website and name; (iii) your violation of this Agreement; (iv) your violation of the rights of another; and (v) any other matter relating to BAP or the BAP Program. Any communications and/or transactions which arise between a User and the Third-Parties, between Members/Users or between any Member/User and other users of the BAP website are the sole responsibility of the parties to those communications and/or transactions, and BAP shall not be considered a party to any such communications and/or transactions.

Without limitation of the terms and conditions set forth in the Privacy Policy, which is incorporated into this Agreement, you understand and agree that BAP may disclose personally identifiable information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to comply with legal process, enforce this Agreement, or protect the rights, property, or the safety of BAP, its Members and users, and the public.

DISCLAIMERS AND LIMITATIONS ON LIABILITY

THE PROGRAM IS BEING PROVIDED BY BOOSTAPAL 'AS IS' AND 'AS AVAILABLE'. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BOOSTAPAL DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROGRAM, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.

YOU AGREE THAT BOOSTAPAL WILL NOT BE LIABLE FOR ANY COSTS OR DAMAGES ARISING OUT OF A DISPUTE BETWEEN YOU AND ANY PARTICIPATING MERCHANT, AND YOU HEREBY EXPRESSLY WAIVE ANY SUCH CLAIM AGAINST BOOSTAPAL AND ITS MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, SUBSIDIARIES, AGENTS AND REPRESENTATIVES.

BOOSTAPAL DOES NOT MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING ANY GOODS OR SERVICES OFFERED OR PROVIDED BY AFFILIATE MERCHANTS OR SUPPLIERS IN CONJUNCTION WITH THE PROGRAM. BOOSTAPAL DOES NOT MAKE ANY REPRESENTATIONS THAT ACCESS TO THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND BOOSTAPAL ASSUMES NO RESPONSIBILITY FOR ANY DAMAGE CAUSED BY YOUR ACCESS, OR INABILITY TO ACCESS, THIS SITE.

IN NO EVENT SHALL BOOSTAPAL 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 THE PROGRAM; ANY ACT OR OMISSION BY BOOSTAPAL IN ADMINISTERING THE PROGRAM; OR THE PURCHASE OR USE OF ANY GOODS OR SERVICES OF MERCHANTS OR SUPPLIERS, EVEN IF BOOSTAPAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME STATES DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

YOU AGREE TO INDEMNIFY AND HOLD BOOSTAPAL, 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 YOUR USE OF THE PROGRAM, THE VIOLATION OF THESE TERMS AND CONDITIONS BY YOU, OR THE INFRINGEMENT BY YOU, OR ANY OTHER USER OF YOUR 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.

Miscellaneous

The Agreement between you and BAP will be governed by and construed in accordance with the laws of the State of Texas, without regard to conflict of laws principles, and you hereby consent to the exclusive jurisdiction and venue of the courts in Tarrant County, Texas, U.S.A., in all disputes arising out of or relating to BAP and the use of the BAP Program. If you are dissatisfied with any portion of the BAP Program and/or the BAP website, your sole and exclusive remedy is to discontinue using the BAP Program.

BAP performs a service for its student members and boosters, and is not qualified to offer tax advice on any of the boosts received by student members.

The BAP logo and names are BAP’s intellectual property. You agree not to display or use the logo or names, or the name of “BAP.com” except as specifically allowed. Further, all content that is made available to view in connection with the BAP Program excluding content that may be made available by end-users through a linked site, is owned by and is the copyrighted work of BAP and is protected by copyright laws and international treaty provisions.

The section titles of this Agreement are displayed for convenience only and have no legal effect. You agree that no joint venture, partnership, employment, or agency relationship exists between you and BAP as a result of this Agreement or use of the BAP Program. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Use of the BAP Program is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.

Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled on an individual basis in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Fort Worth, Texas, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees.