1. 2.1 Eligibility. To be eligible for our Services, you must be at least 18 years old and a resident of the United States. This Agreement applies only to Users who are residents of the United States. If you are a resident of another country, you may access your agreement from our web site in your country (if applicable).

2. 2.2 Basic, Premium and Buyers Plan. We offer three different types of memberships: Basic, Premium and Buyers Plans.

3. 2.3 Basic Plan. If enrolled in the basic plan you will pay $28.95 for the first year and $59.95 for each year after that. As long as you are an active member you will receive rewards back on everything you purchase as stated in the percentages page. You will also receive a percentage or a flat cash amount from new members you referred into The FEED Power Buy system. All the members your referred TFPBS members find and sign up becomes your 3rd tier and you will receive percentages back on what they spend as stated in the percentages page. This plan requires that you spend at least $1.00 every month in order to be considered an active member. Non active members do not receive percentages or any other form of money and may need to re-apply and start over if they wish to continue with the program. After the first year there will be no minimum purchase required each month

4. .2.4 Premium Plan. This plan is ideal for people that want to benefit from other peoples purchases and not make many purchases themselves. This plan is $41.95 for the first year and then $59.95 for each year after that. This plan has no buying requirements and you can make purchases when you choose and still benefit from people in your 2nd and 3rd Tier.

5. 2.5 Buyers Plan This plan is for people who want to receive the highest percentage or cash amount back when making purchases. This plan is $59.95 for the first year and $71.95 for each year after. This plan does not allow you to receive any amount from people you refer. Instead of getting any percentage or cash amount from other people you simply add all three tiers next to the store you are going to make your purchase from and that is what you receive No other members get percentages or cash amounts from anything you purchase if you enroll in the Buyers Plan.
6. 2.6 Receiving percentages or any form of money You understand that all our transactions will be through your Paypal account. You must provide us with a correct Paypal e-mail address upon sign up. If you do not provide us with the same e-mail you used to sign up to your PayPal account you will not get any amount of money from The FEED Power Buy. We are not responsible if Paypal does not approve you or cancels your account. If you need to switch your paypal account please e-mail tfpbsdirector@thefeedpowerbuy.com and state your current paypal e-mail and the new one. We will then verify your identity and should be able to make the changes to your membership account.
7. 2.7 Submitting a purchase To receive any percentage or money for making a purchase you must first log into www.thefeedpowerbuy.com and then either use the store directory to find a store or the percentage page. You then must make sure you have your internet cookies set to accept all cookies (most stores work with cookies set to medium, but not all) and then click on one of the stores banner ads or text links located on our site. The store installs a tracking cookie which does not hurt or effect your computer. Then just make your purchase at the store. You then go into your e-mail and forward your confirmation e-mail from the store to payme@thefeedpowerbuy.com within 24 hours of making the purchase. That is all you are required to do and then we wait for the business to confirm your purchase as a FEED Power Buy Member once they do we then send out your percentage or flat cash amount to your Paypal account and everyone in your Tier group is sent there share.
8. 2.8 Identity Authentication. You authorize The FEED Power Buy, directly or through third parties, to make any inquiries we consider necessary to validate your identity. This may include asking you for further information, requiring you to take steps to confirm ownership of your email address or financial instruments, ordering a credit report and verifying your Information against third party databases or through other sources.

3. Receiving Money.

3.1 Receiving Limits. We may, at our discretion, impose limits on the amount of money we send through our Service and into your Paypal account. However this is unlikely, and will be imposed if a partner has a complaint or reason to deny the percentages or flat cash amount

3.2 Merchant Processing Delay. For any reason a merchant or service from one of our partner sites may place a hold on you receiving your percentages back or any cash amount. If this happens it is usually because of a verification problem. Make sure whenever you go to shop at a store you log into The FEED Power Buy and click on the stores banners or text links instead of typing in the stores main web address. You might also need to set your cookie setting to accept all cookies in some instance in order for the stores or sites to correctly credit and prove you indeed shopped through The FEED Power Buy System. In most instances it will take a store or site 30 to 90 days to confirm your order and then send the correct paperwork to The FEED Power Buy. It may take longer or it may be shorter depending on the site you ordered from and the date and time of month. Merchants or The FEED Power Buy reserve the right to change the percentages or Flat cash amount at any time without having to notify you the member of the change.

3.3 Money from Tier 2 and Tier 3. In order to receive any form of money from another person(s) spending or TFPBS promotions that person must enter your PayPal e-mail in the correct place upon signup. If they fail to do so they may e-mail tfpbsdirector@thefeedpowerbuy.com and explain the situation. It is up to The FEED Power Buy if they wish to allow them to be added into one of your Tiers. If at anytime a member cancels or fails to meet the membership requirements to consider them active members you will no longer receive any form of money from their activity in the program, however if they were on your Tier 2 you will still receive money from the active members that the member found. You will not receive any kind of percentages on members who sign up for the buyers plan. Their is no Tier 4 and members only can receive money from Tier 1, Tier 2, and Tier 3 not including any promotions or incentives The FEED Power Buy offers.

3.4 Refused Transactions or Payout's. When you purchase anything you always run the risk of being unhappy with the product or service. If you return an item or get a refund then you will not receive any form of money on that purchase. You agree that you will not hold The FEED Power Buy liable for any damages or product or service unsatisfactorily

3.5 Pre approved Payments and Subscriptions. The FEED Power Buy offers Pre approved Payments and Subscription in all three of the plans. Unless you cancel before the first year you will automatically be billed for the next years membership fee. The FEED Power Buy does not give any kind of refund of any membership plan. You pay annually for the entire year and at no time will The FEED Power Buy refund or pro-rate the membership fees.

3.6 Canceling Pre approved Payments and Subscriptions. You may cancel a Pre approved Payment or Subscription at any time up to 3 Business Days prior to the date the payment is scheduled to be made. To cancel a Pre approved Payment, log in to your Account, access the “FAQ Page ” click on the cancellation button and complete the process.

3.7 Taxes. It is your responsibility to determine what, if any, taxes apply to the payments you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. The FEED Power Buy is not responsible for determining whether taxes apply to your transaction, or for collecting, reporting or remitting any taxes arising from any transaction.

3.8 Escheatment of Dormant Accounts. A dormant or non active account is when a member fails to spend at least $1.00 a month if he or she signed up for the basic plan. The only other way a member can become dormant or non active is if they cancel their account early or The FEED Power Buy determines that they need to cancel the account or make dormant while The FEED Power Buy investigates any situation. Dormant accounts cannot receive percentages, flat cash amounts, or TFPBS Promotions. The FEED Power Buy reserves the right to make any account dormant or non-active and does not need to ever re-activate it..

3.9. Fees. Upon start up every member is required to pay an annual fee. After they have been a member for one year they must pay for the next year and so on, if they wish to continue to be a member. If they cancel their membership they loose any percentages and or cash amounts owed to them and can no longer benefit from the program or anyone else purchases. There is no refund or any form of compensation that a member can request from The FEED Power Buy if they are for whatever reason unhappy with the program or anything related to The FEED Power Buy web site. If a member cancels or becomes non-active for any reason and then decides to re join they must start their tiers from the beginning and will only receive benefits from people they refer after they have re-joined

4. Restricted Activities.

4.1 Restricted Activities. In connection with your use of our web site, your Account, or the Services, or in the course of your interactions with The FEED Power Buy, a User or a third party, you will not:

1. Breach this Agreement, the Card Processing Agreement, the Acceptable Use Policy or any other agreement that you have entered into with The FEED Power Buy (including a Policy);
2. Violate any law, statute, ordinance, or regulation (for example, those governing financial services, consumer protections, unfair competition, anti-discrimination or false advertising);
3. Infringe The FEED Power Buy or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
4. Act in a manner that is defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
5. Provide false, inaccurate or misleading Information;
6. Send or receive what we reasonably believe to be potentially fraudulent funds;
7. Refuse to cooperate in an investigation or provide confirmation of your identity or any Information you provide to us;
8. Attempt to "double dip" during the course of a dispute by receiving or attempting to receive funds from both The FEED Power Buy and the seller, bank, or credit card company for the same transaction;
9. Use an anonymizing proxy;
10. Control an Account that is linked to another Account that has engaged in any of these Restricted Activities. We may use evidence other than the Account Information to determine whether you control an Account in someone else's name, including but not limited to Internet Protocol addresses, common business names, eBay user IDs, phone numbers, and mailing addresses;
11. Conduct your business or use the Services in a manner that results in or may result in complaints, Disputes, Claims, Reversals, Chargebacks, fees, fines, penalties and other liability to The FEED Power Buy, a User, a third party or you;
12. Try to collect any amount of money from The FEED Power Buy for any reason
13. Try to press charges or take legal actions against The FEED Power Buy no matter what the circumstances.
14. Have anyone try to take any kind of legal action against The FEED Power Buy or its owners on behalf of you.
15. Have a credit score from a credit reporting agency that indicates a high level of risk associated with your use of the Services;
16. Use your Account or the Services in a manner that The FEED Power Buy, PayPal, Visa, MasterCard, American Express or Discover reasonably believe to be an abuse of the credit card system or a violation of credit card association rules;
17. Disclose or distribute another User's Information to a third party, or use the Information for marketing purposes unless you receive the User's express consent to do so;
18. Send unsolicited email to a User or use the Services to collect payments for sending, or assisting in sending, unsolicited email to third parties;
19. Take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
20. Facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or Information;
21. Use any robot, spider, other automatic device, or manual process to monitor or copy our web site without our prior written permission;
22. Use any device, software or routine to bypass our robot exclusion headers, or interfere or attempt to interfere, with our web site or the Services;
23. Take any action that may cause us to lose any of the services from our internet service providers, payment processors, or other suppliers;
24. Use the Service to test credit card behaviors.

4. Your Liability - Actions We May Take.

1. 4.1 Your Liability. You are responsible for all Reversals, Chargebacks, Claims, fees, fines, penalties and other liability incurred by The FEED Power Buy, a FEED Power Buy User, or a third party caused by or arising out of your breach of this Agreement, and/or your use of the Services. You agree to reimburse The FEED Power Buy, a User, or a third party for any and all such liability.

2. 4.2 Actions by The FEED Power Buy. If you engage in any Restricted Activities, we may take various actions to protect The FEED Power Buy, eBay, a User, a third party, or you from Reversals, Chargebacks, Claims, fees, fines, penalties and any other liability. The actions we may take include but are not limited to the following:

   1. We may close, suspend, or limit your access to your Account or the Services (such as limiting access to any of your access to the web site or member activities;
   2. We may contact Businesses and web sites who you have purchased goods or services from, contact your bank or credit card issuer, and warn other Users, law enforcement, or impacted third parties of your actions;
   3. We may update inaccurate Information you provided us;
   4. We may refuse to provide our Services to you in the future;
   5. We may hold your funds for up to 180 Days if reasonably needed to protect against the risk of liability; and
   6. We may take legal action against you.

   The FEED Power Buy , in its sole discretion, reserves the right to terminate this Agreement, access to its web site, or access to the Service for any reason and at any time upon notice to you and payment to you of any unrestricted funds held in custody for you.

3. 4.3 Account Closure and Limited Access. If we close your Account, we will provide you with notice of Account closure and will not be expected to pay any amount of money in any form to you for anything you did or people in your tiers did while you were an active member. If we limit access to your Account, we will provide you with notice and opportunity to request restoration of access if appropriate.

4. 4.4 Acceptable Use Policy Violation - User Fines. If you violate the Acceptable Use Policy as set forth below in clauses (a), (b), or (c) below, then we may fine you $500.00 USD for each such violation and may take legal action against you to recover additional losses we incur. You acknowledge and agree that $500.00 USD is presently a reasonable minimum estimate of The FEED Power Buy's damages, considering all currently existing circumstances, including the relationship of the sum to the range of harm to The FEED Power Buy that reasonably could be anticipated and the anticipation that proof of actual damages may be impractical or extremely difficult. The FEED Power Buy may deduct such fines directly from any existing Balance in the offending Account, or any other Account you control. The specific activities that may subject you to fines by The FEED Power Buy are:

1. Using the Service to receive payments for any sexually oriented or obscene materials or services in violation of the Mature Audiences section of the Acceptable Use Policy;
2. Using the Service to receive payments for any narcotics, other controlled substances, steroids or prescription drugs in violation of the Prescription Drugs and Devices of the Illegal Drugs and Drug Paraphernalia section of the Acceptable Use Policy; or
3. Using the Service to receive payments for wagers, gambling debts or gambling winnings, regardless of the location or type of gambling activity.

 

5. 4.5 Attorneys' Fees for Acceptable Use Policy Litigation/Arbitration. If either you or The FEED Power Buy commence litigation or arbitration in connection with a fine or other action taken related to our Acceptable Use Policy, the prevailing party will be entitled to recover reasonable attorneys’ fees and costs in addition to any other relief to which it may be entitled.

5. Seller Protection Policy.

1. 5.1 Process. If there is a Chargeback or Reversal, to any business you made a purchase from. The FEED Power Buy will not pay you a percentage or any form of compensation for that purchase, which holds true to all tiers We will place a temporary hold on the transaction amount, and evaluate the transaction to determine whether it is eligible to be disbursed to the appropriate people.

   5.2 Errors. If we discover a processing error, we will rectify the error. If the error resulted in your receiving less money than you were entitled to,The FEED Power Buy will credit you as long as it is not because an offer changed or the place you made the purchase failed to pay The FEED Power Buy. If ever a place you make your purchase from decides to not honor your purchase and pay The FEED Power Buy we cannot pay you a percentage back on anything you might have earned. If a business does this on more than one instance and it is not because of something you did wrong, then we will consider dropping that business or store from our program. If the error results in you receiving more money than you were entitled to, The FEED Power Buy is entitled to that amount and may take any form of action we deem necessary to receive it back. In the event anything below happens we will not be expected to pay any amount of money to you;

   1. through no fault of ours, you did not have enough available funds to complete the transaction,
   2. our system was not working properly and you knew about the breakdown when you started the transaction, or it was posted in our news section for over 2 hours.
   3. circumstances beyond our control (such as fire or flood or loss of Internet connection) prevented the transaction, despite our reasonable precautions.