Love My Credit Union Rewards Terms and Conditions

Last Updated: January 8, 2024

PLEASE READ THESE TERMS OF SERVICE CAREFULLY

These Terms and Conditions constitute a contract (“Agreement”) between you, our Credit Union Partner, and CUSG Marketing Solutions, LLC (“CUSG”). This Agreement describes CUSG’s Love My Credit Union Rewards Program (“LMCUR Program”) and governs your use of the LMCUR Program, Merchant Partner Programs, and our Partner Center. By accepting this Agreement and/or enrolling and participating in the LMCUR Program, and any Merchant Partner Programs, you are agreeing to abide by these terms and conditions.

1. DEFINITIONS As used in this Agreement:

1. “We”, “us”, or “our” refers to CUSG.
    
2. “Credit Union Partner”, “you” or “your” refers to your credit union.
    
3. “LMCUR” refers to Love My Credit Union Rewards.
    
4. “Merchant” or “Merchant Partner” refers to a third-party provider of products and/or services that is providing an offer to our Credit Union Partner’s members through LMCUR.
    
5. “Merchant Partner Programs” refers to the programs created with our Merchant Partners providing offers to our Credit Union Partner’s members through LMCUR.
    
6. “Landing Page” refers to the LMCUR Landing Page located at rewards.lovemycreditunion.org.
    
7. “Marketing Materials” refers to any LMCUR marketing materials and/or Merchant Partner marketing materials, including any banners, email templates, social media posts, display ads, newsletter articles and/or other materials that may assist you in the advertising of a Merchant Partner offer, or any website that you will link to our Landing Page, whether produced by you or provided to you by us.
    
8. “LMCUR Program” refers to the Love My Credit Union Rewards Program.
    
1. “Partner Center” refers to the secure account interface where Credit Union Partners may access LMCUR Program and Merchant Partner Program details and approved Marketing Materials.

2. OUR MERCHANT PARTNERS

1. Merchant Partners: We have entered into agreements with a number of Merchant Partners (each a “Merchant Partner Program”). Under these agreements, we have agreed to promote these Merchant Partner Programs to our Credit Union Partners and their members. The terms and conditions set forth in this Agreement shall apply to your participation in any of these Merchant Partner Programs.
2. Merchant Partner Programs: The specifics of each Merchant Partner Program will vary by Merchant Partner. You may access and enroll in Merchant Partner Programs using our Partner Center. When you enroll in any Merchant Partner Program, you will be presented with additional terms and conditions applicable to that particular Merchant Partner Program. Those additional terms and conditions, together with this Agreement, will govern your participation in each Merchant Partner Program.

3. PARTICIPATION IN PROGRAM

1. Enrollment: To share Merchant Partner Programs with your members, you must enroll in the Merchant Partner Program(s) of your chose utilizing our Partner Center Dashboard. During that enrollment process, you must agree to the additional terms and conditions applicable to that particular Merchant Partner Program. CUSG reserves the right to decline, terminate or cancel your enrollment and participation in any given Merchant Partner Program at any time in its sole reasonable discretion
2. Merchant Partner Marketing Materials: Upon enrollment and agreement to the Merchant Partner Program’s additional terms and conditions, you will be provided with access to Merchant Partner Marketing Materials.
3. Email Communications: By enrolling in any Merchant Partner Program, you acknowledge, understand, and agree that we may send you emails and other communications, including newsletters and solicitations. You may have the ability to change some of your email settings and preferences.

4. CREDIT UNION PARTNER OBLIGATIONS

1. Accurate, Up-to-Date Information: You agree to provide us with accurate contact information for you, including a contact person’s name, telephone number, email address and website information. It is your responsibility to inform us of any change to your contact details We will use the contact information you provide to us to communicate with you as necessary. To notify us of a change in your contact information, email ClientSupport@cusolutionsgroup.com.
2. Use of Marketing Materials and Links:
   When deploying marketing efforts, you agree to utilize pre-approved Marketing Materials. Any modifications to the Marketing Materials must be pre-approved by us in writing prior to deployment and must contain logos and/or approved messaging as provided by Us through our Merchant Partner(s). In all cases you agree to utilize the customized URLs created for You. You agree to link all digital marketing assets, including assets created inhouse by You, to your credit union’s custom click URL provided in our Partner Center.
3. Promotional Methods: If Your site includes a software application designed and intended for use on mobile phones, tablets, or other handheld devices, your mobile application must be free to download all Merchant Partner links without paying for access.
4. Proprietary Rights - LMCUR:
   The LMCUR Program is protected by intellectual property laws. The LMCUR Program is the exclusive property of CUSG and we will retain all rights, title and interest in our intellectual property. Nothing in this Agreement grants you any ownership or other proprietary rights in our intellectual property or in any deviation, adaption or variation thereof. You agree not to copy, rent, lease, sell, distribute, or create derivative works based on the LMCUR Program or any Merchant Partner Program in whole or in part, by any means, except as expressly authorized in writing by us.
5. You may not use our trademarks, trade name, logos and service marks (collectively “LMCUR Marks”) in any manner except as expressly provided in this Agreement, or upon our prior written consent. You agree that your use of the LMCUR Marks is subject to the license and terms and conditions that are available from our website at https://rewards.lovemycreditunion.org/terms-conditions/. We reserve the right to modify such terms and conditions at any time, in our sole discretion.

5. Proprietary Rights – Our Merchant Partners:
   The trademarks, trade names, logos, and service marks (collective “Merchant Partners Marks”) are protected by intellectual property laws. Merchant Partners Marks are the exclusive property of our Merchant Partners, and our Merchant Partners will retain all rights, title and interest in their respective intellectual property. Nothing in this Agreement grants you any ownership or other proprietary rights in the intellectual property of our Merchant Partners, or in any deviation, adaption or variation thereof. You may not use Merchant Partners Marks in any manner except as expressly provided in the additional terms and conditions applicable to each particular Merchant Partner Program.
6. Compliance with Applicable Law: You agree that you will not use the LMCUR Program in any manner that violates applicable federal state or local law. You agree that you are responsible for obtaining any and all necessary consents and approvals required with respect to any marketing efforts you undertake in connection with the LMCUR Program, and for compliance with all applicable consumer protection law, rules and regulations, including but not necessarily limited to CAN-SPAM and the Telephone Consumer Protection Act (“TCPA”). You agree that you will not use the LMCUR Program in any manner that damages, disables, overburdens, or impairs any of our websites or the websites of our Merchant Partners, or interferes with any other party's use of the LMCUR Program. You agree that you will not attempt to gain unauthorized access to the LMCUR Program or use the LMCUR Program for any purpose or in any manner that is unlawful or prohibited by this Agreement.
7. CUSG’S OBLIGATIONS: Upon approval of your enrollment, we will provide you with access to Marketing Materials and Merchant Partner Program marketing materials, reporting, and support. Marketing Materials and Merchant Partner marketing materials will assist you in maximizing member outreach with respect to Merchant Partner Programs, and may include, but not necessarily be limited to, web and mobile banners, display ads, email templates, social media, etc. We will assist you in establishing marketing plans and implementing the LMCUR Program and Merchant Partner Programs.
8. DISCLAIMER: NEITHER CUSG NOR ITS AFFILIATES MAKES ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY OR ACCURACY OF THE LMCUR PROGRAM OR ANY MERCHANT PARTNER PROGRAMS, PRODUCTS AND/OR SERVICES OFFERED BY ITS MERCHANT PARTNERS. ANY IMPLIED WARRANTIES OF OUR ABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND/OR NONINFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF THE LMCUR PROGRAM, OUR WEBSITE OR ANY MERCHANT PARTNER PROGRAM WILL BE UNINTERRUPTED OR ERROR FREE. TO THE EXTENT PERMITTED BY LAW, THE LMCUR  PROGRAM AND ALL MERCHANT PARTNER PROGRAMS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. TO THE EXTENT PERMITTED BY LAW, NEITHER CUSG NOR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA OR BUSINESS OPPORTUNITIES ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY.
9. LIABILITY: CUSG WILL NOT BE HELD LIABLE FOR ANY DAMAGES OR LOSSES SUFFERED BY YOU IN CONNECTION WITH THE LMCUR PROGRAM OR ANY MERCHANT PARTNER PROGRAM. IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, CUSG OR ITS AFFILIATES IS DETERMINED TO HAVE ANY LIABILITY TO YOU, YOUR AFFILIATES OR ANY THIRD PARTY, CUSG’S AGGREGATE LIABILITY WILL BE LIMITED TO THE SUM OF ONE HUNDRED U.S. DOLLARS. WE AND OUR AFFILIATES DISCLAIM ANY AND ALL LIABILITY WITH RESPECT TO YOUR USE OF ANY AND ALL PRODUCTS AND/OR SERVICES OFFERED BY OR THROUGH OUR MERCHANT PARTNERS. YOU UNDERSTAND AND AGREE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, WE WOULD NOT PROVIDE THE SERVICES TO YOU.
10. INDEMNIFICATION: You agree to indemnify, defend and hold CUSG, our affiliates and Merchant Partners (each an “Indemnified Party”) harmless, against any third-party claim, suit, action, or proceeding (each, an "Action") brought against us (i) to the extent such claim is not caused solely by and as a direct result of the Indemnified Party’s negligence or willful misconduct and (ii) to the extent that such claim arises out of any actual or alleged breach of representations, warranties, obligations, or covenants found in this or any other agreement by or on behalf of the Indemnifying Party, or any act or omission by or on behalf of the Indemnifying Party or its personnel in the performance of this or any other agreement, including noncompliance with applicable laws.
11. CONFIDENTIALITY: All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other pursuant to this Agreement which is marked “Confidential,” or, if not so marked, would be considered confidential under the circumstances by a reasonable person, will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.
12. MODIFICATION: We may modify any of the terms and conditions of the LMCUR Program, this Agreement or any Merchant Partner Program at any time and at our sole discretion. In such event, you will be notified by email to the email address provided by you during the enrollment process, or to such other email address as you may have provided to us in accordance with this Agreement. Your continued participation in the LMCUR Program and all Merchant Partner Programs following such notification will constitute your agreement to the modification(s).
13. TERM AND TERMINATION: The term of this Agreement will begin upon our acceptance of your enrollment in the LMCUR Program and each Merchant Partner Program and will continue thereafter until terminated by you or by us. CUSG may terminate any Merchant Partner Program at any time at our sole discretion. Either you or we may terminate this Agreement or your enrollment in any Merchant Partner Program at any time, with or without cause. If we terminate the LMCUR Agreement or any Merchant Partner Program or your enrollment in any Merchant Partner Program we will provide you with written notice of such termination by email to the email address provided by you during the enrollment process, or to such other email address as you may have provided to us in accordance with this Agreement.
14. SURVIVAL: All rights and obligations of the parties under this Agreement that, by their nature, do not terminate with the expiration or termination of this Agreement, shall survive the expiration or termination of this Agreement.
15. ASSIGNMENT: Neither this Agreement nor any interest therein may be sold, assigned, transferred, pledged, or otherwise disposed of by you without our prior written consent. This Agreement shall be binding upon, and inure to the benefit of, each party, its affiliates, and its permitted successors and assigns.
16. AMENDMENT: We may amend any part of the LMCUR Program, any Merchant Partner Program or this Agreement at any time. We will notify you of such amendments by email to the email address provided by you during the enrollment process, or to such other email address as you may have provided to us in accordance with this Agreement.
17. ENTIRE AGREEMENT; SEVERABILITY; GOVERNING LAW: This Agreement, together with the additional terms and conditions set forth in any Merchant Partner Program enrollment form constitutes the entire agreement between you and us for the Services and supersedes all previous discussions, negotiations, understandings, and agreements, whether electronic, oral or written, between us. If any part of this Agreement is determined to be invalid or unenforceable by applicable law, 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 this Agreement will continue in effect. This Agreement shall be governed by the laws of the State of Michigan without regard to that state's choice of law provisions.