GATHER INC.

Gather Redemption & Compensation Policy

1. ACCEPTANCE OF TERMS

Gather Inc. ("Gather") thanks you for your contributions to the Gather community and welcomes you to the Gather Earnings Page located at http://earnings.gather.com. You can redeem the points ("Gather Points™") or receive the cash you earn on Gather subject to the following Redemption & Compensation Policy ("RCP") which may be updated by us from time to time without notice to you. You understand that, when you use the Gather Earnings Page, you will be subject to this RCP and any posted policies, guidelines or rules applicable to other Gather-owned or -operated services.

2. REDEMPTION AND COMPENSATION

Gather Points may be redeemed by registered users ("Members") (a) for products and services offered by Gather or other participating third-party vendors and (b) to make donations to pre-approved non-profit organizations ("Non-Profits"). Certain Members may be eligible to receive cash compensation from Gather in accordance with the terms set forth in Section 7 below. Gather reserves the right, at its sole discretion, to determine the value and/or the expiration of Gather Points. In addition, Gather, in its sole discretion, may adjust or delete Gather Points or cash balances from a Member’s earnings account if Gather determines that any Gather Points and/or cash compensation have been awarded mistakenly or inappropriately or if a Member violates this RCP or any other Gather policy or agreement. In all circumstances, Gather will retain sole and absolute discretion with respect to the award of Gather Points, the redemption of Gather Points and the receipt of cash compensation by any Members.

3. GATHER PRIVACY POLICY

In order to redeem Gather Points or receive cash compensation, Gather must collect certain personal information about you, including but not limited to your social security number. All of your personal information is subject to our Privacy Policy ("Privacy Policy"). As a condition of using the Gather Earnings Page, you agree to the terms of the Privacy Policy, as it may be changed from time to time. For more information, see our full Privacy Policy at: http://www.gather.com/privacy.jsp.

4. U.S. MEMBERS ONLY

Currently, Members located within the continental United States, Alaska, and Hawaii may redeem Gather Points or receive cash compensation via the Gather Earnings Page. No shipments can be made to APO or FPO addresses, United States territories, or addresses outside the United States. If you are a Member located outside of the continental United States, Alaska, or Hawaii, please Contact Gather Member Support for further information.

5. REDEEMING GATHER POINTS FOR MERCHANDISE, GIFT CARDS, PRODUCTS OR SERVICES

1. Gather partners with third-party vendors which provide Gather with offers of merchandise, gift cards, and other products and services ("Offers") which Members can redeem with their Gather Points. Gather makes no warranties as to the fitness, merchantability, or suitability for any purpose of any of the Offers made by such third-party vendors. In addition, certain Offers may be subject to additional terms and conditions issued by the manufacturer, developer or promoter of such merchandise, gift cards, products or services.
2. All requests for redemptions of Gather Points for Offers will be reviewed by Gather and made at Gather’s sole discretion. Gather reserves the right to deny a Member’s redemption request if a Member violates this RCP or any other Gather policy or agreement, or fails to deliver necessary information reasonably requested by Gather.
3. Requests for the redemption of Gather Points for Offers will be processed in accordance with Section 8(a) of this RCP.
4. Members should be aware that Gather will not allow a Member to redeem any additional Gather Points for Offers if such Member has already received merchandise, gifts cards, or other products and services that equate to greater than six hundred dollars ($600) in value during the applicable calendar year, and such Member has not completed an IRS Form W-9 and returned it to Gather at 99 Summer St., Boston, MA 02109. If you need further assistance with this process, you may Contact Gather Member Support

6. REDEEMING GATHER POINTS FOR DONATIONS TO NON-PROFITS

1. Gather partners with Non-Profits to provide Members an opportunity to use their Gather Points to make donations to such Non-Profits. Donations may be subject to additional terms and conditions issued by the Non-Profit and may have additional tax implications for Members which Members should discuss with their tax advisors.
2. All requests for redemptions of Gather Points for donations to Non-Profits will be reviewed by Gather and made at Gather’s sole discretion. Gather reserves the right to deny a Member’s redemption request if a Member violates this RCP or any other Gather policy or agreement, or fails to deliver necessary information reasonably requested by Gather.
3. Requests for the redemption of Gather Points for donations to Non-Profits will be processed in accordance with Section 8(b) of this RCP.

7. CASH COMPENSATION FROM GATHER

1. Members who earn Gather Points that equate to greater that fifty dollars ($50.00) in any month may be eligible for cash compensation from Gather. Gather will invite Qualified Members to request cash payments from Gather and Gather may, in its sole discretion, agree to allow cash payments. Members who qualify and are approved for cash payments shall be referred to as "Qualified Members."
2. All Qualified Members must complete an IRS Form W-9 and return it to Gather at 99 Summer St., Boston, MA 02109. If you need further assistance with this process, you may Contact Gather Member Support.
3. All requests for cash payments will be reviewed by Gather and made at Gather’s sole discretion. Gather reserves the right to deny a Qualified Member’s cash compensation request if a Qualified Member violates this RCP or any other Gather policy or agreement, or fails to deliver necessary information reasonably requested by Gather.
4. Qualified Members whose cash payments are approved by Gather may choose one of two payment methods: (1) a check issued by Gather or (2) payment via PayPal. Qualified Members who choose to receive their cash payments via PayPal will be subject to PayPal’s terms, conditions, and policies which are accessible at: http://www.paypal.com/cgi-bin/webscr?cmd=p/gen/ua/ua-outside.
5. Requests for cash payments will be processed in accordance with Section 8(c) of this RCP.

8. PROCESSING OF REDEMPTION AND COMPENSATION REQUESTS

1. Offers. In order to redeem Gather Points for Offers, Members must complete and submit the Gather Points Order Page. Gather will not begin processing orders submitted via the Gather Points Order Page until (1) it receives all necessary information and (2) Gather approves the order. Gather will generally process orders weekly and will use its best efforts to satisfy orders within twenty-one (21) days of receipt. Please note that unanticipated changes in supply can affect Offer availability. Please review Section 13 below for further information regarding Offer availability.
2. Donations to Non-Profits. In order to redeem Gather Points to make donations to Non-Profits, Members must complete and submit the Gather Points Order Page. Gather will not begin processing orders submitted via the Gather Points Order Page until (1) it receives all necessary information and (2) Gather approves the order. Gather will generally process orders weekly and will use its best efforts to complete transactions with Non-Profits within twenty-one (21) days. Please note that unanticipated events can affect opportunities to make donations to Non-Profits. Please review Section 13 below for further information regarding donation availability.
3. Cash. In order to receive a cash payment, Qualified Members must complete and submit the Gather Payment Request Page. Gather will not begin processing requests submitted via the Gather Payment Request Page until (1) it receives all necessary information and (2) Gather has approved the request. Gather will generally process requests weekly and will use its best efforts to satisfy requests within twenty-one (21) days of receipt. If the Qualified Member chooses to be compensated via direct deposit to their PayPal account, Gather will forward the applicable information to PayPal and processing of the Qualified Member’s request will proceed in accordance with PayPay’s terms and conditions accessible at: http://www.paypal.com/cgi-bin/webscr?cmd=p/gen/ua/ua-outside. If the Qualified Member chooses to be compensated via check, Gather will mail the check to the address provided on the Gather Payment Request Page.

9. PROCESSING FEES

Gather reserves the right to charge a processing fee for the completion of any redemption or compensation requests. The specific fee, if any, to be charged by Gather will be detailed on the Gather Points Order Page and/or the Gather Payment Request Page.

10. CONFIRMATION OF REDEMPTION AND COMPENSATION REQUESTS

Gather will send you confirmation of your redemption or compensation request via email to the email address on record with Gather. If you have not included a current email address, shipment and receipt of your order or cash, or notice from the applicable Non-Profit, will serve as confirmation.

11. TAX CONSIDERATIONS

Members should be aware that Gather may issue Form 1099s to Members who receive merchandise, gifts cards, or other products and services that equate to greater than six hundred dollars ($600) in value in any given year, or to Qualified Members who receive cash compensation. You should consult a tax expert for any tax-related questions regarding your Gather membership, Gather Points or cash payments. Gather hereby, specifically, declines to offer any tax advice to Members.

12. CANCELLATIONS, RETURNS AND REFUNDS

Members will not be allowed to cancel redemption or compensation requests and once a request is submitted it will be processed. Gather will not accept returned Offers and/or checks unless the Offer or check delivered to the Member is materially defective upon receipt. In such cases, Gather will send a new Offer or check to the Member but, under no circumstances, will Gather issue credits to any Member’s earnings account. This shall be the Member’s sole remedy for the receipt of defective items. In addition, Gather will not accept any requests for revocations of donations to Non-Profits made pursuant to Section 6 above.

13. AVAILABILITY

All Offers and opportunities to make donations to Non-Profits featured on the Gather Points Offers Page are subject to availability and may be reviewed, modified, or revoked by Gather at any time. Gather may also suspend cash payments at any time at its sole discretion. Gather reserves the right to suspend any of the programs covered by this RCP at any time.

14. INTERRUPTION OF SERVICE

Gather will not be responsible for any interruptions in service resulting in lost Gather Points and/or redemption or compensation transactions in accordance with the Gather User Terms of Service accessible at: http://www.gather.com/userTerms.jsp.

15. GENERAL INFORMATION

1. Entire Agreement. This RCP constitutes the entire agreement between you and Gather for the redemption of Gather Points and/or the receipt of cash compensation. You also may be subject to additional terms and conditions (including those of third-party vendors or Non-Profits that Gather partners with from time to time), posted policies (including but not limited to the User Terms of Service and the Privacy Policy), guidelines or rules that may apply when you use certain elements of the Gather website, affiliate or advertiser services, third-party content, or third-party software.
2. Independent Contractors. Nothing contained in the RCP shall be construed to constitute either party as a partner, employee or agent of the other party, nor shall either party hold itself out as such. Each party has no right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain an independent contractor responsible for its own actions.
3. Choice of Law and Forum. This RCP and the relationship between you and Gather shall be governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of law provisions. You and Gather agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Suffolk, Massachusetts.
4. Waiver and Severability of Terms. The failure of Gather to exercise or enforce any right or provision of this RCP shall not constitute a waiver of such right or provision. If any provision of the RCP is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions of the RCP shall remain in full force and effect.
5. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the redemption of Gather Points, the receipt of cash compensation or this RCP must be filed within one (1) year after such claim or cause of action arose or be forever barred.