TERMS & CONDITIONS
1.0 INTRODUCTION
1.1 This agreement sets out the terms and conditions that govern the All Season Power Play Program (the "Program"). By participating in the Program, you agree to these Terms and Conditions. If applicable, these Terms and Conditions replace any previous terms and conditions provided to you in respect of the Program.
There may be separate terms and conditions that govern other tiers of the All Season Power Play program. The separate terms and conditions do not apply to the tiers of the Program governed by these Terms and Conditions and these Terms and Conditions do not apply to the other tiers.
2.0 DEFINITIONS
In this agreement:
"Program", "we", "us" and "our" refer to Power Source Canada, 2815 Bristol Circle, and Oakville Ontario, L6H 6X5;
"You", "your", "yours" and "Dealership" refer to a Dealership who holds a Corporate Account but does not include a Supplementary Dealership;
"Account" means a Credit-Approved Account, or C.O.D account;
"Earn Rate" means each earn rate for points applicable to the Dealership and any other additional earn rate that we may offer and for which the Dealership is qualified;
"Program" means the All Season Power Play Rewards Program;
"Program Account" means an account that we maintain for points earned in respect of the Program;
"Dealership" means a Power Source Canada registered Dealership who has a separate business associated with the Basic Dealership's Account that has access to the program under the basic dealership account;
"Terms and Conditions" refers to this agreement, as amended or supplemented from time to time;
References to "points" means reward points earned in accordance with the Program unless otherwise provided.
3.0 PROGRAM SUMMARY
3.1 The following chart summarizes the Program tiers, eligible rewards, Earn Rate, and tiers. However, please note that the content of the chart has been simplified for easy reference. Additional terms, conditions and restrictions apply to the Program that are not set out in the chart. Please ensure that you read these entire Terms and Conditions. For greater certainty, in the event of a discrepancy between the chart and the other sections of these Terms and Conditions, the other sections of these Terms and Conditions will govern. For example, points are calculated in accordance with article 7.0 of these Terms and Conditions and important terms, conditions and restrictions related to linking Program Accounts, pooling points, transferring points and moving tiers are set out in article 4.0 of these Terms and Conditions.
4.0 FEES
4.1 There are no annual fees currently applied in order to participate in this program.
5.0 POINTS CALCULATION
5.1 Subject to these Terms and Conditions, points are calculated on each purchase of goods or services charged to your Account.
The chart listed below will explain how each dollar purchased varies in its value based on the manufactures product, excluding any applicable taxes, handling or freight charges.
BRIGGS & STRATTON / 1 point = 1% of SalesMurray / 1 point = 1% of Sales
SNAPPER / 1 point = 1% of Sales
SIMPLICITY / 1 point = 1% of Sales
Ferris Industries / 1 point = 1% of Sales
Oregon / 1 point = 1% of Sales
Dealers Choice / 1 point = 1% of Sales
Snapper / 1 point = 1% of Sales
WALBRO / 1 point = 1% of Sales
SPEECO / 1 point = 1% of Sales
HYDROGEAR / 1 point = 1% of Sales
CHAMPION / 1 point = 1% of Sales
EHP / 1 point = 1% of Sales
TILLOTSON / 1 point = 1% of Sales
BRIGGS & STRATTON (Pressure Washers, Generators, Standby Generators) / 1 point = .5% of Sales
BAJA / 1 point = .5% of Sales
MTD Products Ltd / 1 point = .5% of Sales
Cutler Hammer/Eaton Elec. / 1 point = .5% of Sales
NGK / 1 point = .5% of Sales
TTI / 1 point = .5% of Sales
INTERLUBE / 1 point = .5% of Sales
Dolmar Power Products / 1 point = .5% of Sales
Homelite / 1 point = .5% of Sales
WORX / 1 point = .5% of Sales
5.2 Points will be deducted for each return and adjustment. Each return or adjustment is multiplied by the appropriate Earn Rate to determine the number of points to be deducted. Points will be deducted based on the appropriate Earn Rate at the time of calculation even though the returns or adjustments may relate to purchases that earned points at a different Earn Rate. Points will be deducted for returns or adjustments from points earned and will also be deducted from future issued points for returns or adjustments that are not fully offset by points earned. We may also deduct points from points or other rewards that have already been issued by Third Party Programs.
5.2 Points will not be calculated on a purchase, return or adjustment until it is posted to your Account. Points earned on purchases or deducted on returns or adjustments are credited to or deducted from the Program Account after the end of the billing period. Your Rewards Account Summary provides a statement of the total points credited to and deducted from the Program Account during the period covered by your Rewards Account Summary. This is not necessarily the same period as your billing statement.
6.0 POINT REDEMPTION
6.1 Points earned in a Program Account can only be redeemed by the Dealership (which does not include Supplementary Dealerships). We may, but are not obligated to, permit you to appoint an authorized user to provide instructions to and obtain information from us regarding your Program Account. In order to redeem points, the Program Account must be active (meaning not cancelled by you or by us) and all Accounts enrolled must be in good standing (meaning no account is cancelled, past due or otherwise in default under the terms of the Dealership Agreement).
6.2 Points earned in a Program Account are redeemed at the end of each Month and are cumulative from one period to the next.
6.3 Points will be sent electronically to a URL address located off the www.powersourcecanada.ca web site; where the dealership can redeem the points. The goal of this website is to bring you a wide assortment of the products at varying point values, and to provide you with a fun, fast and convenient award selection experience! From the Home Page, you can navigate through all areas of the award selection site, as well as view current Hot Picks and Specials.
Shopping Cart
Using, the Shopping Cart is easy! Once you have found an item that interests you, simply click the 'Add to Cart' button. This button can be found on any item's detail page, below the point information. You will be given the opportunity to change your selections prior to checking out.
· To change quantities of an item you have placed in your Shopping Cart, change the number in the 'Qty' box.
· To delete an item in your Shopping Cart, click the 'Remove' button that appears to the extreme left of any item in your Shopping Cart.
· Click the 'Empty Cart' button to delete all items from your Cart and to start over.
· Be sure to click the 'Update' button at the bottom of your Shopping Cart to confirm any changes.
· When you have finished adding items to your Shopping Cart and are ready to check out, click the 'Checkout' button at the bottom of the Shopping Cart page.
6.4 In the event that a participating Sponsor withdraws or is otherwise terminated from the Program, we reserve the right, without prior notice, to limit the number of points or no longer permit points to be applied to that tier of the Program prior to and subsequent to the termination date of such Sponsor’s participation in the Program.
6.5 For additional information about available rewards, the number of points required for each reward, minimum transfer requirements and additional terms, conditions and restrictions with respect to particular rewards and the Program please call us at 1-800-663-9700.
7.0 LIMITATION OF LIABILITY AND ADDITIONAL TERMS
7.1 Redeemed rewards are not refundable, exchangeable, replaceable or transferable for cash or credit unless specifically permitted by these Terms and Conditions. Dealerships are solely responsible for determination of any tax liability arising out of earning or redemption of points. Dealerships are subject to and must comply with any additional terms, conditions and restrictions that apply to rewards.
7.2 Once earned points in a Program Account have been redeemed for any reward in the Program, the points cannot be transferred back into the Program Account.
7.3 By redeeming a reward, the Dealer releases us, our parent, subsidiaries and affiliates from any and all liability to the Dealer, or any other person regarding the redemption of points, the receipt or use of any reward or other participation in the Program. We are not responsible for lost or stolen rewards, certificates or tickets (including without limitation gift Accounts or merchandise rewards).
7.4 For certain rewards, the Dealer may be required to sign an additional waiver releasing us, and the rewards supplier, from all liability. Failure to sign this waiver may result in cancellation of the reward.
7.6 Any additional meals, transportation or accommodation arrangements (or other incidental expenses) made in connection with redeeming or taking advantage of any reward will be the sole responsibility of the Dealer. Unless otherwise stated, alcoholic beverages, any applicable taxes, gratuities and transportation to and from a reward destination are not included.
7.7 To the extent permitted by applicable law and subject to any provisions in these Terms and Conditions which limit our liability, we, our parent, subsidiaries and affiliates will not be liable to you or any third party for any incidental, indirect, consequential, special, punitive or exemplary damages of any kind whatsoever arising from or in connection with the Program, points, or rewards (whether in contract, tort, strict liability, products liability or otherwise), including, without limitation, lost revenues, loss of profits or loss or interruption of business. In no event shall we be liable to you for any delay in or failure to perform due to causes beyond our control, including, without limitation, any act of God or any act or omission of a third party.
7.8 The sections under the heading Limitation of Liability and Additional Terms in these Terms and Conditions will survive termination of your participation in the Program.
8.0 EXPIRY/CANCELLATION/TERMINATION/TRANSFER/AMENDMENT
8.2 To cancel enrolment in the Program at any time please call 1-800-663-9700.
8.3 We may cancel or reverse any points not properly issued. We may refuse to issue points or redeem rewards or we may cancel points already issued to you if we consider you to be in default under the terms of a Dealer Agreement, if we have reason to believe that you caused or allowed a breach of the conditions of working with Power Source Canada or a breach of these Terms and Conditions, or for any other reason.
8.4 At our discretion we may, but are not obligated to offer special promotions or additional opportunities to earn points at the rate and on the terms and conditions as we may determine from time to time.
8.5 We reserve the right to cancel, change or substitute the rewards or the Program at any time with or without notice. Required point levels for rewards are subject to change without notice. It is your responsibility to keep up to date on the terms and conditions and all other particulars of any Third Party Programs.
8.6 We reserve the right to change these Terms and Conditions including without limitation assignment and reassignment of tiers and associated rights, at any time without notice. We may establish additional tiers of the Program. Additional rewards as we may determine from time to time may be added to an existing tier or to a new tier of the Program. We may also terminate, amalgamate and otherwise change tiers of the Program. We may introduce fees or change the fees that we charge for participation in the Program, a tier of the Program, to move tiers within the Program or for optional services. We may change the rate at which you earn points or otherwise change the calculation of points.
8.7 Fraud or abuse relating to the earning of points in the Program or redemption of rewards including fraud or abuse related to transfers of points to a Third Party Program, may result in forfeiture of earned points as well as cancellation of a Program Account.
8.8 If for any reason we cancel any Dealer account enrolled in the Program, all points earned in the Program Account will be forfeited. All Program accounts must be active and not cancelled in order to participate in the Program.
8.9 Points earned in the Program Account do not constitute property of the dealership and are not transferable except as permitted in accordance with these Terms and Conditions. Points have no cash or monetary value. For greater certainty, Points for Credit permitted by these Terms and Conditions and the redemption rates for Points for Credit will not be considered as a cash or monetary value of points or the program.
8.10 If a dealership cancels its accounts with Power Source Canada the reward points redemption is effective immediately according to their value and delivered within 90 days as long as the account is in good standing or any amounts owing are settled within 90 days of account cancellation.
8.11 In the event of a dealer being sold or closed the business the points earned at that time will be transferred to the new ownership on registration to the program or redeemed at that time by the legal owner of the business according to their value.
9.0 GENERAL
9.1 All questions or disputes regarding eligibility for the Program, or the eligibility of points for earning or redemption of rewards, will be resolved by us in our sole discretion.
9.3 The headings to each section of these Terms and Conditions are added for convenience and do not change the meaning of any provisions of these Terms and Conditions.
9.4 These Terms and Conditions will be governed by the laws of the Province of Ontario and the laws of Canada applicable in Ontario.
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