customer.sweepstouch.com Open in urlscan Pro
40.119.12.16  Public Scan

URL: https://customer.sweepstouch.com/
Submission: On August 17 via automatic, source certstream-suspicious — Scanned from CA

Form analysis 2 forms found in the DOM

<form id="frm_contatc">
  <div class="col-12">
    <div class="form-group boxed">
      <div class="input-wrapper">
        <label class="label" for="text4b">* Name</label>
        <input type="text" class="form-control" id="txt_name" placeholder="Name">
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  <div class="col-12">
    <div class="form-group boxed">
      <div class="input-wrapper">
        <label class="label" for="text4b">* Email</label>
        <input type="email" class="form-control" id="txt_email" placeholder="Email">
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      <label class="form-check-label" for="customCheckb1">
        <a href="#" data-bs-toggle="modal" data-bs-target="#termsModal">I agree to the Privacy Policy and receiving SMS/MMS messages.</a>
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						<ion-icon name="mail-open-outline" role="img" class="md hydrated" aria-label="mail open outline"></ion-icon> Send
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  <br>
  <button type="submit" class="btn btn-primary btn-block btn-lg">Register</button>
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Text Content

Welcome VIP customers!

EXCLUSIVE DISCOUNTS AND OFFERS AWAIT YOU!



SweepsTouch

Stores



SWEEPSTAKES

View All
 * Optin
 * Shop & Win
 * Sorteo Aniversario Antillana 1339
 * Ideal Optin
 * Let´s Go On Vacation 498
 * Sorteo semanal 1000 Morris
 * BIG SUMMER GIVEAWAY
 * 1 Aniversario Antillana 1850
 * LUCKY TV WINNER
 * Associated 6100 Giveaway
 * Discount Optin 599
 * Discount Optin Fulton
 * ¡GIVEAWAY!
 * Your Chance to Win!
 * Register Here
 * DRIVE INTO THE NEW YEAR WITH A BRAND NEW CAR
 * Appreciation Day
 * Back to School Giveaway
 * Back to School Giveaway El Huerto

View More
View Less


JOIN OUR WHATSAPP CHANNEL!

🎉 Ready for exclusive updates, special offers, and direct access to our team?
Join our WhatsApp Channel now! Don't miss out on the fun - hit that 'Join'
button and let's get connected! 🚀✨


SUPERMARKET LOYALTY & REWARDS QUIZ

We want to hear from you! Join our quiz on supermarket loyalty programs and
points. Your input will help us enhance our services. It's quick, fun, and you
might win rewards! Don't miss this opportunity—click below to get started now!

🎉 YOUR OPINION MATTERS! HELP US DECIDE IF SWEEPSTOUCH WOULD MAKE SENSE FOR YOUR
BUSINESS! 🎉

Dear customer, We are exploring the possibility of implementing Sweepstouch into
your business to enhance customer experience and drive engagement. But we want
to hear your opinion before we proceed! Please take a few minutes to complete
our survey. Your responses will be crucial in determining whether Sweepstouch
would be a valuable addition to your business.

Click on the link below to access the survey:

Access the survey

We sincerely appreciate you sharing your opinion with us. Your insights are
extremely important in shaping the future of your business!

Best regards,

Team SweepsTouch

SIGN UP SPECIAL OFFERS AND PROMOTIONS.

Get ready for an avalanche of incredible deals! Soon, all Offers & Deals Club
members will have access to simply irresistible promotions. Don't miss this
unique opportunity to save like never before! Join us to participate.

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* Name
* Email
* PhoneNumber
I agree to the Privacy Policy and receiving SMS/MMS messages.
Send

WHAT IS THE MOST IMPORTANT FACTOR IN CHOOSING A SUPERMARKET?



PRICE

VARIETY OF PRODUCTS

QUALITY OF PRODUCTS

PROXIMITY TO MY HOME/WORK


Register



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SOCIAL PROFILES

SPECIAL OFFERS AND PROMOTIONS

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MASTER EQUIPAMENT & SUPPLY

(973) 856-3231

FRAMING COIL NAILS 3”x .120” SMOOTH SHANK 15 degrees 4,500 qty per box

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For some of our special promotions, it may be necessary to send a voucher to
complete the purchase. Therefore, we kindly ask you to inform us of your
preferred method to receive the voucher.

PhoneNumber
SMS
WhatsApp
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SIGN UP SPECIAL OFFERS AND PROMOTIONS.

By submitting this form, you agree to receive recurring automated promotional
and personalized marketing text messages (e.g. supermarket circulars) from
sweepstouch.com at the cell number used when signing up. Consent is not a
condition of any purchase. Reply HELP for help and STOP to cancel. Msg frequency
varies.
CANCEL SEND

TERMS AND CONDITIONS

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PRIVACY POLICY

SWEEPSTOUCH MERCHANT TERMS AND CONDITIONS Effective Date 01/10/20 These Terms
and Conditions (the "Terms and Conditions") govern and are incorporated in the
Agreement between Sweepstouch and Merchant (collectively, the “Agreement”).
Sweepstouch can modify the Terms and Conditions in its sole discretion and at
any time,subject to the provisions of this paragraph. The most recent version of
the Terms and Conditions (as they may be modified by Sweepstouch from time to
time) available on our website Sweepstouch.com on the terms and conditions page
Merchant agrees that any of these method notifications constitutes a adequate
notification to the Merchant further agrees to be bound by any type of
modifications to the Terms and Conditions on said notification. DEFINITIONS:
“GOVERNING LAW” means any applicable local, state, or federal laws, statutes,
rule, regulation or order. "AMOUNT PAID" means the amount paid by a buyer for
each Coupon,as set forth in the Sweepstouch Merchant Agreement. "FINE PRINT"
means the conditions and restrictions relating to the exchange of the coupon
andthe Merchant Offer indicated on the Website and the Coupon. "COMPLETE OFFER
VALUE" means the real, without discounting the value of the Merchant of Offer .
"MAXIMUM NUMBER OF Vouchers" means the maximum number of Sweepstouch vouchers is
authorized to manage the sale of the Merchant's name. “OFFER Merchant” means the
offer provided by the Merchant in connection with the case described in the
Sweepstouch Merchant Agreement on the date (s) established successively in the
Sweepstouch Merchant Agreement Date (s) “) at the established headquarters (s)
successively in the Sweepstouch Merchant Agreement ("place") stated on the
voucher. The coupon must be redeemable for: (a) applicable ticket (s) Event Date
(s), as a set successively in the Sweepstouch Merchant Agreement, and (b) if I
play back in the Sweepstouch Merchant Agreement, certain merchandise,
concessions and / or other products, services and experiences, offered, sold and
fulfilled by Merchant or a third party of Merchant (as defined in this
document). "PROMOTIONAL VALUE" means the complete offer of value less than the
amount paid out . “REMITTANCES AMOUNT” means the amount Sweepstouch must remit
to the Merchant for each voucher, subject to payment terms. "TAX EXCHANGE" means
any and all sales, use, diversion, excise duties, generally GST, or other
similar taxes. 1. COUPON PROGRAM AND COMMERCIAL OFFER to . Sweepstouch is
authorized to promote and sell vouchers in Merchant's name subject to the terms
of this Agreement and the 'Conditions of Sale' and 'Policy' of the website
(collectively, the 'Online Terms'). The coupon evidences the Merchant's offer
and it will be sent to the purchaser electronically once payment is received.
The buyer You will then have to redeem the voucher with the Merchant by
presenting the voucher in the form electronic or paper. The Merchant is the
issuer of the coupons and the seller of the offer commercial. If there is a
conflict between this Agreement and the Online Terms, this will control the
Agreement. b. Sweepstouch is authorized to promote and sell Vouchers on behalf
of the Merchant to through any platform, including its offer of functions of the
day, affiliates, network of business partners, market or referral network. .
Vouchers can be offered to all or part of Sweepstouch's base subscriber or its
base or referral subscriber affiliate of the network and segmented by different
variables including gender, age, location, and consumption preferences. Features
can be offered through a variety of channel distribution, including the
Internet, the website, affiliates websites, business network partner, email,
phone applications, other types of electronic offers and other platforms or
distribution of proprietary channels, controlled, and / or operated by
Sweepstouch, its affiliates or business partners. c. Sweepstouch is authorized
to promote and sell up to the maximum number of vouchers in one or more markets
and on the established dates. d. Sweepstouch reserves the continuing right to,
at any time and for any reason or circumstance, at its sole discretion: (i)
reject, review or interrupt any Commercial offer; (ii) terminate the Commercial
Offer and / or remove all references to the Commercial offer and the Website
Coupon; and / or (iii) redirect or remove any URL used in connection with the
Commercial Offer. e. The Merchant will honor the Coupons for the corresponding
Commercial Offer and allow that valid Coupons are redeemed, as applicable. In
the event that the Merchant reasonably believe that a Coupon was obtained in an
unauthorized or illegal manner, the Merchant will contact Sweepstouch
immediately and explain the circumstances and will cooperate in good faith to
resolve the matter. f. The Merchant agrees that by providing the Commercial
Offer, the Merchant will not inflate prices or values, nor will it impose
additional fees, charges, conditions or restrictions that contradict or are
inconsistent with the terms established in the Coupon, including the small
letter. Unless stated in fine print, the Merchant agrees in addition to not
imposing different terms or a different cancellation policy than the one it is
imposed on its customers who do not belong to Sweepstouch. g. The Merchant is
responsible for all services provided to customers in relation with the
Commercial Offer and to supply all the goods, services and experiences
established in the Commercial Offer. The Merchant is also responsible for
customer loyalty programs associated with the commercial offer. h. If the
Merchant subcontracts or delegates the fulfillment of any of its obligations
under this Agreement to any third party (each of them a "Third Party Merchant"),
the Merchant will remain solely responsible for all their obligations, including
financial, under this Agreement and the Merchant will be responsible for all
acts and omissions of said external Merchant. The Merchant will require Third
Party Merchants to comply with all restrictions and obligations applicable to
the Merchant under this Agreement, and the Merchant shall be the sole
responsible for its financial and contractual relationship with the Third Party
Merchants. 2. NON-COMPLIANCE; CLAWBACK .. to . If the offer is canceled for any
reason, (i) the Merchant will immediately notify Sweepstouch of said
cancellation, (ii) without limiting any other right or remedy than Sweepstouch
may have under this Agreement, the Merchant will not be entitled to any payment
in hereby and the Merchant will reimburse Sweepstouch for all amounts that the
Merchant has previously received from Sweepstouch (if applicable) in connection
with the Commercial offer within ten (10) days after the cancellation or receipt
of thePromotion cancellation notice, and (iii) the Merchant will comply with and
assist Sweepstouch to comply with the Online Terms applicable to any repair and
resolution that Sweepstouch deems it appropriate in relation to such
cancellation. b. Without limiting any other rights or remedies that Sweepstouch
may have under this Agreement, the Merchant will not be entitled to any payment
hereunder, and the Merchant will refund all amounts previously received from
Sweepstouch, in relation to any amounts Sweepstouch remits to buyers requesting
refunds that arise from or are related to any of the following: (i) negligence
or bad conduct of the Merchant or a Sub-Merchant, or (ii) The imposition of the
Merchant or any Sub-Merchant of any restriction on the redemption of the Voucher
or the use of Coupons not specified here. 3. PAYMENT to . Amounts withheld by
Sweepstouch from the Offering Merchant funds are Sweepstouch's compensation for
the marketing, promotion, and advertising of the Merchant Offer and distribution
of vouchers on behalf of the Merchant. Merchants shall conserve remittance
amount of trust for the benefit of Sweepstouch 's buyers they carry out without
redeeming vouchers until after the applicable date. The Merchant must ensure
that the funds received in advance of a voucher's redemption and fulfillment of
the Offer are available to be returned to buyers in any time if the merchant is
unable or unwilling to redeem said Vouchers in accordance with the terms of this
Agreement and Applicable Law. b. Sweepstouch is authorized to initiate
transaction credit ACH tickets to the Merchant's depositary account in the
financial depositary institution named in this Agreement or as otherwise
provided to Sweepstouch by Merchant in writing (“Account Merchant's bank “).
Only in the event of an error, Sweepstouch is authorized to start debit entry
adjustments to the business bank account to correct any errors. Merchant
acknowledges that Sweepstouch 's originates all ACH transactions at the
Merchant's Bank account must comply with the provisions of US Law. ACH Payments
take up to five (5) business days to become available in the account Merchant's
bank after processing. c. Tax collection. In the event that Sweepstouch receives
a notification by writing of a validly issued state or federal tax lien in
connection with past due taxes owed by the Merchant, Sweepstouch may, in
accordance with the Applicable Law, deduct said amounts from payments owed to
the Merchant. d. General taxes. It is the Merchant's responsibility to determine
what taxes, if any There are, they are applied to the payments made or received
by the Merchant, including Taxes on transactions, and it is the Merchant's
responsibility to collect, report and remit the correct tax to the corresponding
tax authority. Unless stated expressly in this document, Sweepstouch is not
responsible for determining whether Taxes apply to the Merchant's transaction
with buyers or Sweepstouch, nor to any collect, report or remit any tax arising
from any transaction with or by the merchant and the buyer. The Merchant may be
required to provide Sweepstouch a valid tax identification number for tax
reporting purposes. An IRS Form 1099 may be issued in the Merchant's name for
the value of the payments made. Without prejudice to anything else in this
Agreement, the Merchant will be responsible for paying any and all taxes related
to the Offer or the Merchant's goods, services and experiences, including Taxes
about transactions. e. Transaction taxes; 1. Commercial offer. The Merchant will
be, and will continue being, registered for the collection of any Transaction
Tax in all states and localities in which the Merchant must be registered. The
Merchant is the Solely financially responsible for transaction taxes and
penalties for interests and related additions. 2. Sweepstouch Services. Certain
Jurisdictions may require Sweepstouch to collect and remit taxes on transactions
on the marketing and service fees that Sweepstouch retains for the Sweepstouch
services. The Merchant is solely financially responsible for Taxes on
transactions imposed or derived from the services provided by Sweepstouch under
this Agreement and any interest penalties and additions related to the same.
Sweepstouch will apply the applicable Transaction Taxes, if any, to the amounts
that Sweepstouch withholds and / or other fees remitted to Sweepstouch pursuant
to with this Agreement. These transaction taxes will be calculated using the
billing address of the merchant and will be included in the invoices to the
merchant. The cups Tax rates are subject to change. If applicable, transaction
taxes are will be calculated at the time of each payment using the rates in
force according to the law current applicable. f. Withholding tax. Tax
authorities can require Sweepstouch to withhold taxes on behalf of the Merchant.
Sweepstouch reserves the right to deduct said taxes on the amounts owed to the
Merchant and remit them to the tax authority correspondent. Sweepstouch can also
be requested to report payments for withholding of taxes to the tax authorities.
Sweepstouch will provide evidence of the payment of tax withholdings to the
Merchant no later than 60 days after payment of tax withholdings. g. Despite
everything to the contrary, Sweepstouch itself has no obligation to advance
amounts that have been paid to Sweepstouch by a buyer until the Merchant has
fulfilled the Merchant's obligations under this Agreement. If Sweepstouch You
reasonably believe that the Merchant has violated any provision of this
Agreement, Sweepstouch may offset, delay, conceal, or suspend future payments to
the Merchant, on Sweepstouch 'at its sole discretion. In addition, if the
merchant is unwilling to, bring carrying out its obligations under this
Agreement, Sweepstouch is authorized to compensate, delay, conceal, or suspend
future payments to the merchant under this Agreement or by law, to ensure
payment of the Merchant for any refund and / or other amounts payable by the
Merchant under this Agreement. 4. CUSTOMER DATA RESTRICTIONS to . "Customer
data" means all identifiable information about buyers generated or collected by
Sweepstouch or the Merchant, including the names of the buyers, shipping
addresses, email addresses, numbers phone numbers, buyer preferences and trends,
and transaction data financial b. The Merchant will use the Customer Data only
to fulfill its obligations to exchange in connection with the Commercial Offer
as authorized by this Agreement. The merchant expressly accepts that customer
data will be used only for this end (including the exchange of coupons and the
provision of goods, services and experiences to buyers), and not to improve a
file or list owned by the Merchant or a third. The Merchant declares, guarantees
and undertakes that it will not allow, nor will that no Third Party resell,
broker, or otherwise disclose Customer Data to any third party, in whole or in
part, for any purpose, unless otherwise required by Applicable Law. . If the
Merchant hires a third party, to facilitate its exchange obligations hereunder,
the Merchant will ensure that said third party implements and comply with
reasonable security measures in the handling of Customer Data. If the merchant
or a third party hired by it collects directly the customer data to facilitate
their exchange obligations under the present, the Merchant will ensure that he
or such third party adopts, publishes and processes customer data in accordance
with your published privacy policy and the law applicable. . c. Whenever the
Merchant, and any third party hired by it, uses the Data of the Client in
accordance with Applicable Law and the privacy policy published by the Merchant,
the restrictions set forth in this Agreement on the use of Customer Data
Customer by the merchant do not apply to: (i) the data of any buyer who is
already customer of the merchant before the Effective Date, if said data was
provided to the Merchant by such buyer regardless of this Agreement or from any
transaction below; or (ii) data provided by a buyer directly to the Merchant who
becomes your customer in relation to said buyer who explicitly chooses to
receive communications from the Merchant. d. The Merchant will immediately
notify Sweepstouch if it becomes aware of or suspects any unauthorized access or
use of Customer Data or any information confidentiality of Sweepstouch, and will
cooperate with Sweepstouch in the investigation of such infringement and the
mitigation of any damage. The Merchant will assume all associated expenses
incurred by Sweepstouch to comply with Applicable Law (including any law of
violation data) or arising from any unauthorized access or acquisition of Data
from the Customer as long as said data is in reasonable possession of the
Merchant or any third party hired by him. Upon termination or expiration of this
Agreement, the Merchant, In accordance with these Sweepstouch instructions, you
will destroy or return to Sweepstouch all Customer data that are in the
possession of the Merchant or any agent of the merchant. 5. PROMOTIONAL PROGRAMS
In an effort to incentivize Coupon sales, the Merchant authorizes Sweepstouch,
in at any time and at its sole discretion, to increase or decrease the Amount
Paid for the Merchant Offer (any such effort, "Promotional Program (s)"). For
For each Coupon sold as part of a Promotional Program, the Net Amount of
Remittance can be adjusted by an amount equal to the percentage of increase or
decrease in the Amount Paid ("Promotional Adjustment"), provided that any
decrease in Net Amount of Remittance is not to exceed (i) twenty percent (20%)
of the Net Amount of the Remittance, or (ii) if applicable, the maximum
Promotional Adjustment specified in section "Payment Terms" of the Sweepstouch
Commercial Agreement. Promotional programs include the following: to .
Promotional Codes - A “promotional code” is a code that buyers can use, in
Sweepstouch to receive a discount on the amount paid for the Offer of a
Merchant. b. Price optimization: "Price optimization" is any change (excluding
promotional codes) in the amount paid for a commercial offer. 6. TERM AND
TERMINATION This Agreement will remain in effect until terminated by either
party to pursuant to this Section ("Term"). Sweepstouch may terminate this
Agreement, at any time and for any reason, by written notification to the
Merchant. The Merchant may terminate this Agreement in at least seven (7)
business days prior to in writing prior notice to Sweepstouch. Termination of
this Agreement in any way the Merchant will be affected by its obligation to
redeem any voucher or any buyer right, or use of your coupon (s) in accordance
with the terms of this Agreement. Provisions of this Agreement that are intended
to survive termination are it will continue in full force and effect after the
term. 7. COMPLIANCE WITH APPLICABLE LAW The Merchant will ensure that the terms
of the commercial offer, any letter small business and the activities of the
Merchant and any external Merchant in connection with the commercial offer,
including the exchange of the Merchant and any external Merchant of the coupons
and the offer, Comply with the terms and conditions of the Coupons asset forth
on the website, including the Online Terms, and with each and every applicable
laws governing Coupons issued pursuant to this Agreement. The merchant is solely
responsible for compliance with any applicable law. The Merchant will be the
legal owner of any unclaimed property arising from the Offer Commercial, if
applicable. Upon a written request from the Merchant, but only when necessary,
Sweepstouch will provide the Merchant with information in Sweepstouch's
possession that the Merchant needs to fulfill its obligations under this
Agreement. The Merchant agrees that regardless of the payment terms, the
Merchant, and not Sweepstouch, maintains any obligation for the Coupons not
redeemed according to the laws of Abandoned or unclaimed property applicable. 8.
MARKETING Sweepstouch and its business partners may communicate with the
Merchant regarding products, promotions and other services that may be of
interest to the merchant. This can include email or other communications.
Sweepstouch can also request the opinion of the merchant for market research
purposes. 9. INTELLECTUAL PROPERTY RIGHTS to. The Merchant grants Sweepstouch a
non-exclusive, worldwide, royalty-free license, paid, perpetual, irrevocable,
transferable and sublicensable and the right to use, modify, reproduce,
sublicense, publicly display, distribute, transmit, publish and publicly
perform: (a) the name of the merchant, logos, trademarks, brands service, domain
names and any audiovisual content, video recordings, audio recordings, photos,
graphics, artwork, text and any other content provided, specified, recommended,
directed, authorized, or approved for use by the Merchant (collectively,
"Merchant's Intellectual Property"); and (b) the name, logos, trademarks,
service marks, domain names, audiovisual recordings, video recordings, audio
recordings, photos, graphics, illustrations, text and any other third-party
content provided, specified, recommended, directed, authorized or approved for
use by the Merchant (collectively, "Third Party IP"), in each case in connection
with the promotion of the Commercial Offer and the distribution of Coupons in
all media or formats now known or developed hereinafter ("License"). Any use of
the property intellectual property of the Merchant or the intellectual property
of third parties as contemplated in This agreement is at the sole discretion of
Sweepstouch. b. The Merchant acknowledges and accepts that, between the parties,
Sweepstouch owns all interests on and for the website, customer data,
Sweepstouch trade names, logos, trademarks, service marks, domain names, social
media identifiers, all data collected through the website, all audiovisual
content, video recordings, audio recordings, photographs, graphics, artwork,
text or any other content created by Sweepstouch or under the Sweepstouch
address, or assigned to Sweepstouch, and any materials, software, technology or
tools used or provided by Sweepstouch to Promote, sell / resell (as applicable)
or distribute the Commercial Offering and conduct your business in relationship
with her (collectively, "Sweepstouch IP"). The Merchant will not use, sell,
rent, lease, sublicense, distribute, broadcast, transmit, transmit, place shift,
transfer, copy, reproduce, download, change time, display, execute, modify or
time sharing of Sweepstouch's intellectual property or any part of the itself,
or use such Sweepstouch intellectual property as a component or a basis for
products or services prepared for commercial use, sale, sublicense, lease,
access or distribution, unless Sweepstouch grants the Merchant a limited
ownership, non-exclusive, revocable, non-transferable, non-sublicensable license
during the Term to use a copy of the mobile business software application of
Sweepstouch on a single mobile computer, tablet or other device, only for the
purposes permitted by that software, and to make one copy of the software for
backup-purposes. The Merchant will keep the Sweepstouch IP confidential and will
not prepare any derivative works based on Sweepstouch's IP or will translate,
engineer reverse, it will decompile or disassemble the Sweepstouch IP. The
Merchant will not take any measure to challenge or challenge the validity of
Sweepstouch's rights to the property intellectual property of Sweepstouch or the
property or registration of Sweepstouch. Unless provided specifically in this
Agreement, the Merchant and any third parties assisting the Merchant with their
obligations under this Agreement, they are not authorized to use Sweepstouch IP
in any medium without the prior written approval of an authorized representative
of Sweepstouch. The Merchant will not include any trade name, trademark,
trademark service, domain name, social media identifier of Sweepstouch or its
affiliates, or any variant or spelling error thereof, in any trademark, domain
name, email address, social network identifier, metadata or search. engine
keyword. The Merchant will not use or display any Sweepstouch IP in a way that
could reasonably imply a backup, relationship, affiliation or sponsorship
between the Merchant or a third party and Sweepstouch. Sweepstouch se reserves
all rights to Sweepstouch's intellectual property not granted expressly in this
Agreement. c. If the Merchant provides Sweepstouch or any of its affiliates with
feedback, suggestions, reviews, modifications, data, images, text or other
information or content about a Sweepstouch product or service or otherwise in
connection with it Agreement, any Sweepstouch IP or the Merchant's participation
in the Offer or Coupon of the Merchant, (collectively, "Comments"), the Merchant
irrevocably assigns to Sweepstouch all rights, titles and interests in and to
such Comments. If that the previous assignment to Sweepstouch is invalid for any
reason, the Merchant grants irrevocably to Sweepstouch and its affiliates a
perpetual right and license, disbursed, royalty-free, non-exclusive, worldwide,
irrevocable and freely transferable to (i) use, reproduce, perform, display and
distribute Comments; (ii) adapt, modify, format and create derivative works of
Comments for any purpose and sublicense the above rights to any other person or
entity. The Merchant warrants that: (A) the feedback is original work of the
Merchant, or that the Merchant obtained the feedback legally; and (B) the
exercise of rights of Sweepstouch and its sublicensees under the above license
will not violate the rights of any person or entity, including copyright. The
Merchant You agree to provide Sweepstouch with assistance that Sweepstouch may
need to document, perfect or maintain Sweepstouch's rights in and for the
Comments. 10. REPRESENTATIONS AND WARRANTIES The Merchant declares and warrants
that: (a) The Merchant has the right, the power and the authority to enter into
this Agreement; (b) The Merchant, if required by Applicable Law, is registered
for the purposes of collecting Transaction Tax in all jurisdictions in which the
Merchant must be registered in connection with the Offer Commercial; (c) the
Coupon, upon delivery by Sweepstouch, will be available for exchange of in
accordance with its terms, and the Coupon or any ticket provided below, as
applicable, it will be a valid ticket; (d) The Merchant will have in stock the
Products and Services, as applicable, sufficient to meet your obligations
exchange of Products and Services, as appropriate, in accordance with the terms
of the Commercial Offer; (e) the terms and conditions of the Coupon, including
discounts, u Other Products and Services offered under it, do not violate or
will violate any Applicable Law, including any law or regulation governing the
use, sale, and distribution of alcohol and any laws governing vouchers, gift
cards, coupons and certificates of present; (f) The redemption of the Coupon by
the Merchant will result in the provision in good faith of tickets, admission
and Other Products and Services, as appropriate, by the Merchant to the buyer;
(g) The Merchant owns all interests in and for the property intellectual
property of the Merchant and has license rights in (with the right to sublicense
Sweepstouch) the intellectual property of third parties, and has the right to
license established in this agreement; (h) the Merchant's intellectual property
and ownership intellectual property of third parties, the commercial offer, the
use and promotion thereof by Sweepstouch, and the results of such commercial
offers, will not infringe, dilute, appropriate improperly or violate in any
other way, anywhere in the world, any patent, copyright, logo, trademark,
service mark, name commercial, design rights or other intellectual property
right or right of privacy or publicity of any third party or any applicable law,
and is not and will not be the the result of the misappropriation of any trade
secret or the breach of any obligation of confidentiality with any person or
entity; (i) ownership Merchant's intellectual property and third-party
intellectual property does not include any material that is illegal,
threatening, abusive, defamatory, vulgar, obscene, profane or otherwise
objectionable, or that encourages conduct that constitutes a criminal offense,
gives rise to civil liability or otherwise violates any applicable law; (j) the
Offer of Merchant, Coupons and any other advertising or promotion of the goods,
services and Merchant experiences related to them, including the Other Products
and Services, will not constitute false, misleading or unfair advertising or
disparagement by virtue of no Applicable Law; (k) The Merchant and its
employees, contractors and agents, including the Third Party Merchants, have
received appropriate education and training and possess all required regulatory
authorizations, licenses and certifications and updates related to any
Commercial Offer to provide the goods or services related to the commercial
Offer; (l) The commercial information of the Merchant and direct deposit details
as provided in this Agreement, indicating where payments must be sent, they are
accurate and the Merchant (or any third party beneficiary to who the Merchant
has instructed Sweepstouch to send the payments) is the authorized entity to
receive the funds. forwarded by Sweepstouch; (m) neither the Merchant nor any
Third Party Merchant is authorized to resell, trade or otherwise disclose the
Customer Data (as defined in this Agreement) to any third party, in whole or in
party, for any purpose, and neither the Merchant nor any Third Party Merchant is
authorized to copy or reproduce any customer information in order to exchange or
verify the validity of the coupons in connection with this agreement; (n) the
total value of the offer is and will be an accurate valuation of goods, services
and / or experiences advertised in connection with the commercial offer
(including tickets and admission to the event, and other products and services,
if applicable) from the Effective Date of the Sweepstouch Merchant Agreement and
neither the Merchant nor any Third Party Merchant has inflated or increasing the
value of said goods, services and / or experiences represented here; and (or)
the Merchant will not manipulate (and will ensure that no Third Party Merchant
does not do) the prices in any other way that is unfair, misleading, misleading,
or outside the normal course of business. 11. INDEMNITY To the extent permitted
by Applicable Law, the Merchant undertakes to defend, indemnify and maintain
Sweepstouch, its affiliated and related entities, and any of their respective
officers, directors, agents and employees, harmless from and against each and
every one of the claims, lawsuits, investigations, penalties, damages, losses
and expenses (including reasonable attorneys' fees and costs) arising out of or
are relate to any of the following: (a) any breach or alleged breach by the
Merchant or any Third Party Merchant of this Agreement, including
representations and warranties made in this Agreement; (b) any claim for state
sales, use, entertainment or similar tax obligations arising of the Commercial
Offer or any Tax on Transactions; (c) any claim of any local, state, provincial,
territorial or federal governmental entity by Coupons not exchanged or cash
values not exchanged from Coupons or any other amount under any abandoned or
unclaimed property or void law applicable, including any claim for penalties and
interest; (d) any claim that arises from a violation of any Applicable Law by
the Merchant or any Third Party Merchant or governing the Merchant's goods and /
or services; (e) any claim arising out of the Merchant or any Third Party
Merchant's violation of the law or regulations governing the use, sale or
distribution of alcohol; (f) any claim of a buyer or any other person arising
from or related to the goods, services and experiences provided by the Merchant
or any Third Party Merchant (including, but not limited to, Products and
Services, as applicable), including any claim for false advertising, product
defects, personal injury, death or damage to property; (g) any claim by a buyer
for the Amount Paid; (h) any claim arising from the collection, processing,
storage, retention, use, disclosure or disposition of Customer Data by the
Merchant or a Third Party Merchant, or any violation of an applicable privacy or
data security law; and (i) any claim arising out of the negligence, fraud or
willful misconduct of the Merchant or any Third Party Merchant. Sweepstouch
reserves the right to control your own defense and to choose and appoint your
own defense attorney, regardless of the presence or absence of a conflict of
interest between Sweepstouch and the Merchant. The Merchant's duty to defend and
indemnify Sweepstouch includes the duty to pay Reasonable fees and costs of
Sweepstouch's attorneys, including attorney's fees 12. CONFIDENTIALITY The terms
of the Commercial Offer described in this Agreement are confidential, and the
Merchant agrees not to disclose the terms described in this Agreement to any
party (except its employees, parent companies, shareholders, external Merchants,
lawyers and accountants strictly). need to know or as required by records
applicable public and other laws, if the Merchant has taken the necessary
precautions of the type that is generally taken with confidential information to
preserve the confidentiality of the information made available to said parties).
In case of non-compliance, Sweepstouch is entitled to an injunction and a decree
for a specific performance, and any other repairs permitted by Applicable Law
(including monetary damages if applicable). 13. LIMITATION OF LIABILITY EXCEPT
FOR THE COMPENSATION OBLIGATIONS OF THE Merchant HERE, IN IN NO EVENT IS ANY OF
THE PARTIES LIABLE OR OBLIGATED TO THE OTHER PARTY OR ANY THIRD PARTY FOR LOSS
OF PROFITS, LOSS OF BUSINESS, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL,
PERMITTED OR INDIRECT OF THE ACTION DIFFERENCE, WHETHER BY CONTRACT, TORT OR
OTHERWISE EVEN IF THE POSSIBILITY OF SUCH DAMAGES HAS BEEN INFORMED WITH
ANTICIPATION. Sweepstouch'S SOLE AND COMPLETE LIABILITY TO THE Merchant OR ANY
THIRD PARTY Merchant FOR ANY CLAIM THAT ARISING FROM OR RELATED TO THIS
AGREEMENT, OR ANY ERRORS, OMISSIONS OR TRANSFER OF ANY VALUE IS LIMITED TO THE
AMOUNT OF THE RATES RETAINED BY THE GROUP HERE (6) MONTHS AFTER FINAL
CALCULATION AND SETTLEMENT OF ALL REFUNDS. THIS LIMITATION OF LIABILITY IT IS
APPLIED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING
FAILURE OF ANY LIMITED REMEDY. IN ADDITION, ANY CLAIM BY OR IN NAME OF A
MERCHANT IN RELATION TO ANY PAYMENT MADE BY Sweepstouch, INCLUDING CLAIMS
ARISING THAT A MERCHANT DID NOT PAY, MUST BE MADE IN WRITING TO Sweepstouch
WITHIN NINETY (90) DAYS TO STARTING FROM THE PAYMENT DATE. IN QUESTION. ALL
CLAIMS THAT I DON'T KNOW DOING IN ACCORDANCE WITH THE ABOVE WILL BE CONSIDERED
RESIGNED, RELEASED AND DOWNLOADED BY THE MERCHANT. 14. DISPUTE RESOLUTION to.
Binding arbitration EXCEPT AS SPECIFICALLY STATED HERE, ANY DISPUTE OR CLAIM
BETWEEN THE MERCHANT AND THE GROUP THAT ARISES OR IS RELATIONSHIP IN ANY WAY
WITH THIS AGREEMENT ("DISPUTES'') WILL BE RESOLVED EXCLUSIVELY BY FINAL BINDING
ARBITRATION. BY VIRTUE OF THE AGREEMENT IN THIS SECTION 14 OF ARBITRATING, THE
MERCHANT AND Sweepstouch ARE EACH HAVING THE RIGHT TO GO TO COURT AND HAVE A
DISPUTE HEARD BY A JUDGE OR JURY (EXCEPT AS SET FORTH IN THIS SECTION 14). The
provisions of this Section 14 shall constitute the Merchant's written agreement
and Sweepstouch to arbitrate Disputes under the Federal Arbitration Law. The
arbitration will be administered by the American Arbitration Association ("AAA")
and will be conducted before a single arbitrator in accordance with its
applicable rules, including those applicable to commercial disputes, available
at http://www.adr.org or by calling 800-778-7879. The arbitrator will apply and
be bound by this Agreement, will apply Applicable Law and facts, and issue a
reasoned award. To start an arbitration procedure, the Merchant of WINSTAR must
comply with the limitation provision set forth in Section 13 and present the
Dispute by means of a demand for arbitration as detailed in http://www.adr.org.
If the Merchant demands arbitration, he must simultaneously send a copy of the
completed complaint to the following address: 66 John Street Brooklyn, NY 11201.
If Sweepstouch demands arbitration, it will simultaneously send a copy of the
demand complete to the merchant's registered address. Payment of all fees
presentation, administration and arbitration will be governed by the rules of
the AAA. Sweepstouch will refund the fees for Disputes totaling less than $
10,000 if the Merchant is the party that prevails in said arbitration.
Sweepstouch will not look for fees and costs of attorneys in arbitration unless
the arbitrator determines that a commercial dispute is frivolous. The
arbitration will be conducted on the basis of written submissions unless the
Merchant requests it and / or the arbitrator determines that a hearing is
necessary by phone or in person. If the arbitrator grants the request or
determines that it is necessary for an in-person hearing, the hearing will be
held in New York, unless the arbitrator determines or Sweepstouch agrees that
the matter should continue in the Merchant County's main place of business. b.
Share Class Waiver EACH PART OF AGREEMENT THAT YOU MUST BRING ANY DISPUTE
AGAINST THE OTHER PARTY IN ITS PERSON CAPACITY AND NOT AS A CLAIMANT OR CLASS OF
MEMBER IN ANY COURSE OF CLASS, CONTINUING REPRESENTATIVE OR AS AN ASSOCIATION.
IN ADDITION, EACH PARTY AGREES THAT DIFFERENCES WILL BE ARBITRATED ONLY IN A
BASE INDIVIDUAL, AND NOT IN A CLASS, CONSOLIDATED OR ACTION REPRESENTATIVE. THE
REFEREE DOES DOES NOT HAVE THE POWER TO VARY THESE PROVISIONS. c. Choice of
Law/and Trial Jury If for any reason a Dispute advances in the court: (i)
Merchant and Sweepstouch agree that any example of Disputes can only be
instituted in a state or federal court of New York, the county, New York; (ii)
the Merchant and Sweepstouch irrevocably consent and submit to the exclusive
personal jurisdiction and place of said courts for the resolution of said
Disputes; (iii) Merchant and Sweepstouch agree that the Federal Arbitration Law,
the AAA rules, applicable federal law and the laws of the State of Illinois,
without which refers to the principles of conflicts of law, this Agreement and
any disputes; and (iv) MERCHANT AND Sweepstouch AGREE WITH WAIVER OF ANY RIGHT
TO TEST BY JURY. d. By court order Relief / Lawyers' Rates Notwithstanding
nothing to the contrary in this Agreement, either party can wear a court suit in
search of a court order or other equitable relief arising out of or in
connection with claims that the other Part conduct may cause the other
irreparable injury. In the case of Sweepstouch it prevails in any Dispute,
subject to any exceptions in this Section 14, Merchant shall pay Sweepstouch all
reasonable attorneys' fees and costs incurred by Sweepstouch in connection with
any Dispute. 15. OTHER to . The parties are independent contractors. Nothing in
this Agreement is to be interpreted to create a joint venture, association,
franchise, or agency of the relationship between the parties. Neither of the
parties have the authority, without prior approval by writing of the other. b.
This Agreement constitutes the entire agreement between the parties with respect
to your subject matter and replaces all previous or contemporary oral or written
agreements relating to such subjects in question. c. The preceding headings of
the text of the sections of this Agreement are for reference purposes only and
shall not limit or otherwise affect the meaning of this Agreement. The singular
number must include the plural and vice versa. Any use of the word "including"
can be interpreted to mean " including, but not limited to, ”unless otherwise
stated. References throughout this "Agreement" include exhibits and attachments,
unless otherwise indicated. d. Merchant shall not transfer or assign its rights
or obligations under this Agreement, either by operation of law or otherwise,
without Sweepstouch's prior in writing its consent . Any resignation must be in
writing and signed by a signatory authorized by Sweepstouch. Sweepstouch is
authorized to transfer or assign this Agreement to a present or future affiliate
or by virtue of a merger, consolidation, reorganization or sale of all or
substantially all of the assets or businesses, or by the operation of the law,
and without prior notice to the Merchant. e. If any provision of this Agreement
is to be held to be invalid or unenforceable, the validity and enforceability of
the remaining provisions of this Agreement will not be affected. f. EXCEPT AS
EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER PARTY DOES NO REPRESENTATIONS OR
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF
MERCHANTABILITY, FITNESS FOR A DETERMINED PURPOSE OR NOT - INFRINGEMENT. Average
DOES Savings DOES NOT GUARANTEE OR WARRANTY THAT THE SERVICES OFFERED ON OR
THROUGH THE WEBSITE WILL BE UNINTERRUPTED OR ERROR - FREE, THAT THE BONUSES ARE
ERROR - FREE, OR THAT ANY OFFERING MERCHANT WILL RESULT IN ANY INCOME OR
EARNINGS FOR Merchant.
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