This Vendrix Rewards Program Addendum (“Addendum”) is subject to, and incorporates by reference, the Vendrix Terms of Service available at https://vendrix.co/terms-conditions (the “Terms”). All capitalized terms not defined herein shall have the meanings set out in the Terms.
1. Program. By using the Services at certain fuel pumps, you may be eligible for certain rewards (“Rewards”) on the terms and conditions set forth in this Addendum (the “Program”).
2. Rewards. Rewards are calculated based on your use of the Services only on transactions with the Merchant Category Code (“MCC”) 5542 (Fuel Dispenser, Automated) (“Reward Transactions”). Rewards are based on the percentages of the total spend using the Services compared to your Reward Transactions, as set forth on Table A below. The Rewards are calculated monthly and applied to your account quarterly as a statement credit. Each credit will be the sum of the previous three (3) months of your use of the Services.
For illustrative purposes only, if you opt for a weekly/7-day billed term and 50% or less of your total monthly spend using the Services was on Reward Transactions, the 1.75% rate would apply. If you then spent $100,000 on Reward Transactions that month, the Rewards would be $1,750 for that month.
3. Modifications. We may cancel, change, modify, add or delete any portion of the Program or Rewards, in part or in whole, at any time in our sole discretion. We reserve the right, at our discretion, to change the terms of this Addendum on a going-forward basis at any time. If a change materially modifies your rights or obligations, you will be required to accept the modified Addendum in order to continue to be considered eligible for the Program or Rewards. Modifications are effective upon publication. Disputes arising under this Addendum will be resolved in accordance with the version of this Addendum that was in effect at the time the dispute arose.
4. Release. BY PARTICIPATING IN THE PROGRAM, YOU RELEASE VENDRIX, AND ITS SUBSIDIARIES AND AFFILIATES, FROM ANY INJURY OR HARM THAT MAY ARISE FROM PARTICIPATION IN THE PROGRAM.
5. No Warranty. THE PROGRAM, INCLUDING WITHOUT LIMITATION ALL CONTENT, MATERIALS AND INFORMATION MADE AVAILABLE TO YOU OR ACCESSED BY YOU, IS PROVIDED “AS IS” AND “WHERE AVAILABLE” BASIS. VENDRIX MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER REGARDING THE PROGRAM, EITHER EXPRESSLY OR IMPLIEDLY, FOR ANY PARTICULAR PURPOSE AND EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. VENDRIX ASSUMES NO RESPONSIBILITY WHATSOEVER, AND SHALL NOT BE LIABLE FOR ANY DAMAGES BY YOUR PARTICIPATION IN THE PROGRAM. VENDRIX, AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR YOUR PARTICIPATION IN THE PROGRAM. VENDRIX SHALL NOT BE LIABLE FOR ANY FAILURE OF THE PROGRAM ARISING OR RESULTING FROM ACTS OR EVENTS BEYOND THE CONTROL OF VENDRIX.
6. No Award of Damages; Limitation of Liability. VENDRIX AND ITS RESPECTIVE SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES WHATSOEVER, FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF THE USE OF OR PARTICIPATION IN THE PROGRAM. THIS INCLUDES WITHOUT LIMITATION LOST PROFITS, BUSINESS INTERRUPTION, DAMAGE TO EQUIPMENT, COMPUTER PROGRAMS, OR INFORMATION SYSTEMS, OR THE LOSS OF ANY INFORMATION OR DATA. THE MAXIMUM LIABILITY COLLECTIVELY OF VENDRIX SHALL NOT EXCEED THE AMOUNT OF ANY EARNED REWARDS FOR ANY DAMAGES OF ANY NATURE, INCLUDING GROSS NEGLIGENCE, ARISING IN CONTRACT, TORT OR OTHERWISE.
7. Miscellaneous. VENDRIX MAY DETERMINE, IN ITS SOLE DISCRETION, WHEN, HOW, AND UNDER WHAT CONDITIONS YOU MAY QUALIFY FOR OR EARN REWARDS. Certain cards or transactions may not be eligible for some or any Rewards, including, without limitation, cashback reward credits. Any right to Rewards or other benefits shall terminate upon the termination of this Addendum or the Terms, the closure of your Vendrix account, or in the event of any breach of this Addendum or the Terms. Certain rewards or benefits may be subject to additional agreements or disclosures. Vendrix reserves the right to deny Rewards for any reason if the customer is found, determined or suspected of abusing the platform. In the event of a conflict or inconsistency between this Addendum and the Terms, this Addendum shall control.