The Mercedes-Benz StarRewards Program ("Program") is sponsored by
Mercedes-Benz USA, LLC ("Company"). To participate in the Program, you
agree to be bound by these Mercedes-Benz StarRewards Terms and
Conditions ("Terms"). If you do not agree to these Terms, you may not
participate in the Program and will not be entitled to receive rewards
under the Program. Participation in the Program signifies your
agreement to the Terms, as may be amended from time to time by
Company, in its sole discretion. If you are entering into these Terms
on behalf of a business entity, you represent to Company that you have
legal authority to bind that entity.
1. Program Period.
The Program will run from July 1,
2018 through December 31, 2019.
The Program is only available to
qualified independent service providers ("ISP"). To qualify to
participate in the Program you must: (a) be a single-shop independent
service provider; (b) enroll in the Program pursuant to of Section 3
below; and (c) you must have purchased at least $200 of genuine
Mercedes-Benz parts from Mercedes-Benz dealerships ("Parts") between
July 1, 2017 through June 30, 2018. [Note: Prior purchase period to
be confirmed.] If Company determines you are not a qualified ISP, you
may not participate in the Program and you will be removed from the
Program. You are ineligible for this Program if you are a multi-shop
independent service provider.
3. Program Enrollment.
To enroll in the Program, you
must provide certain information to Company at www.mbstarrewards.com
("Site"). Information you provide will be used for the creation and
administration of your enrollment in Program, and may include, but is
not limited to, your name, phone number, email addresses, physical
address, and prior invoice information (for verification purposes).
4. Purchase Target.
After you have enrolled in the
Program, Company will assign you a purchase target for each calendar
quarter. The purchase target will be the minimum amount you have to
spend on Parts to receive a reward.
5. Qualifying Purchases.
Only qualifying purchases
will apply towards your assigned purchase target. A qualifying
purchase is the amount you paid for Parts (excluding any taxes and
shipping). Qualifying purchases are determined in Company's sole
discretion, and Company reserves the right to verify and adjust
qualifying purchases. A pending, open, or partially completed
purchase is not a qualified purchase. If you return Parts that were a
part of a qualifying purchase, the total amount paid for such Parts
returned by you will be automatically deducted from the amount of
your qualifying purchases.
After you have enrolled in the Program and
Company has determined that you are an eligible ISP, Company will
determine the percentage you are entitled to receive as a reward. You
will earn rewards equivalent to 1%, 2%, or 3% of the total amount you
have paid for qualifying purchases if you meet or exceed your
purchase target. Rewards are earned only after you enroll in the
Program, and no rewards will be provided retroactively.
Determination and payment of tax liability related to
rewards are your sole responsibility. To the extent required by law,
certain rewards transactions may be included in year-end tax
reporting, and you agree to provide Company with any information
requested by Company to comply with its tax reporting obligations. If
you have any questions or concerns about your potential tax
liability, you should consult with your tax professional.
7. Claiming Your Rewards.
If the amount of your
qualifying purchases meets or exceeds your quarterly purchase target,
you will have forty-five (45) days following the end of the
applicable calendar quarter ("Claim Period") to claim any rewards you
have earned. If you fail to claim your reward within the Claim
Period, your rewards will be forfeited. After you claimed your
reward, you will receive a Prepaid MasterCard® Reward Card ("Card")
in the amount of your reward within thirty (30) days of claiming your
reward. To receive rewards, your account must be in good standing and
you cannot be suspended, restricted, delinquent, or otherwise in
default. All determinations of rewards earned and redemptions are
final. If you have not received your Card within thirty (30) days or
if you have questions about the Program, you may visit
www.mbstarrewards.com. If you have questions about your Card call
Comerica Card Servicing Center at 800-759-9610.
8. Card Information.
If you receive a Card, it will
be valid until the expiration date on the Card. Cards issued in 2018
will generally have an expiration date of June 30, 2020. If there are
remaining funds on your Card past the Card expiration date, you will
no longer be able to use the Card, but those funds will not expire. A
$10 Closing Fee will be deducted from any balance that remains on
your Card and a check for any remaining balance will be mailed to you
at the address on file. To avoid the Closing Fee, you should use all
of the funds before the Card expires. The Card will be issued in the
registered business name of the ISP following validation of your
eligible Program purchases. The Card does not grant you cash or ATM
access and is only reloadable by the Company that requested the Card.
Cards are issued by Comerica Bank pursuant to license by Mastercard®
International Incorporated. Mastercard is a registered trademark, and
the circles design is a trademark of Mastercard International
Incorporated. Cards can be used where Mastercard debit cards are
accepted. Cardholders should refer to the Welcome Letter and
Cardholder Instructions included with the Card for complete details
and additional important information regarding the prepaid
MasterCard® Reward Card.
Rewards may not be brokered,
bartered, attached, pledged, auctioned, gifted, sold or otherwise
transferred or disposed of for consideration, or in any manner
otherwise received or used in violation of the rules herein. Rewards
cannot be assigned, licensed, combined or transferred to any other
entity, person, or type of program offering or reward. Any receipt or
use of the Card or Rewards in violation of these Terms will render
such Card and rewards void.
9. Additional Terms.
9.1 All content, information,
and/or material on the Site or related to the Program is protected
intellectual property owned or controlled by Company or its
9.2 Company reserves the right to
audit and verify all eligible purchases and sales data in order to
determine Program eligibility and rewards.
participation in the Program may be revoked at any time by Company.
If Company determines or reasonably suspects that that you have
engaged in abuse, fraud, intentional misrepresentation, or fail to
comply with these Terms and any other Program rules, Company may: (a)
deduct eligible Purchases and/or revoke rewards; (b) terminate you
from the Program; and/or (c) ban you from enrollment in any future
incentive, award, or other reward programs offered by Company.
9.4 Company, in its sole discretion, and without prior notice to you,
may change, modify, restrict, or cancel the Program at any time,
including, but not limited, to: (a) your purchase target; (b) the
reward percentage; (c) the period of time you have to earn rewards;
(d) the period of time you have to redeem your earned rewards; and
(e) the qualifications to be eligible to participate in the Program.
9.5 Company reserves the right to seek all remedies,
whether available at law or at equity, criminal or civil, in the
event you abuse the Program, commit fraud, fail to comply with these
Terms or any rules of the Program, or make any misrepresentation to
9.6 Company has no responsibility, and shall have
no liability, for communications or rewards lost due to a change of
your address or other contact information.
9.7 This Program
is void where prohibited or restricted. These Terms shall be governed
by and construed in accordance with the laws of the State of Georgia.
Any dispute arising from these Terms shall be resolved exclusively in
the state and federal courts of the State of Georgia, without regard
to any conflict of law provisions. You hereby agree that any and all
legal claims concerning your participation in the Program must be
commenced within one (1) year after the claim or cause of action
arises or they will be time-barred. If for any reason a court of
competent jurisdiction finds any provision of these Terms, or portion
thereof, to be unenforceable, that provision shall be enforced to the
maximum extent permissible so as to effect the intent of these Terms,
and the remainder of these Terms shall continue in full force and
9.8 All updates and amendments to these Terms are
effective immediately upon notice, which we may provide by any legal
means, including, but not limited to, by posting a revised version of
these Terms or other notice on the Site. Continued use of the Site
and/or Program post-modification constitutes your agreement to be
bound by the modified Terms.
9.9 You agree to defend (with
counsel subject to Company's approval), indemnify, and hold harmless
Company, its affiliates, officers, directors, employees, agents,
licensors, and service providers, and their respective officers,
directors, employees, contractors, agents, licensors, suppliers,
successors, and assigns from and against any claims, liabilities,
damages, judgments, awards, losses, costs, expenses, or fees
(including reasonable attorneys' fees) arising out of or relating to
your violation of these Terms, your participation in the Program, and
your breach of any laws or regulations.
9.10 Company may
waive compliance with these Terms in its sole discretion.
Notwithstanding the foregoing, Company's failure to exercise any of
its rights under these Terms or its delay in enforcing or exercising
any of those rights shall not constitute a waiver of such rights.
9.11 Any material, information, or ideas you provide to Company in
connection with the Program by any means will be treated as
non-confidential and non-proprietary, and may be disseminated or used
by Company for any purpose whatsoever.
9.12 ISP may
participate in a maximum of three Company reward programs per year,
including the Program and up to two ad hoc programs per year.
10. LIMITATION OF LIABILITY AND DISCLAIMERS.
EXCEPT TO THE EXTENT PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES SHALL
COMPANY OR ANY OF ITS AFFILIATES AND SUBSIDIARIES, OR ITS AND THEIR
OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS
(COLLECTIVELY, THE "COMPANY PARTIES"), BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES,
WHETHER IN CONTRACT OR TORT, EVEN IF COMPANY HAS BEEN ADVISED OF OR
SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM
YOUR USE OF PROGRAM OR INABILITY TO RECEIVE REWARDS, OR FROM ANY
INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR OTHER SERVICES PROVIDED
IN CONNECTION WITH THE PROGRAM.
10.2 COMPANY PARTIES SHALL
NOT BE RESPONSIBLE FOR (A) ANY LOSS OR MISDIRECTION OF, OR DELAY IN
RECEIVING, ANY CORRESPONDENCE, REWARDS, OR CARDS; (B) ANY THEFT OR
UNAUTHORIZED REDEMPTION OF REWARDS OR USE OF A REWARD CAUSED BY
CIRCUMSTANCES BEYOND THE REASONABLE CONTROL OF COMPANY; (C) ANY ACTS
OR OMISSIONS OF THIRD PARTIES; OR (D) ANY ERRORS IN RELATION TO THE
PROGRAM, INCLUDING, WITHOUT LIMITATION, ANY TYPOGRAPHICAL ERRORS,
ERRORS OF DESCRIPTION, AND ERRORS IN THE CREDITING OR DEBITING
10.3 IN NO EVENT SHALL ANY COMPANY PARTIES BE
LIABLE TO YOU FOR ANY DELAY IN OR FAILURE TO PERFORM DUE TO CAUSES
BEYOND COMPANY'S REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION,
ANY ACT OF GOD, ACT OF WAR, NATURAL DISASTER, TERRORISM, OR ANY ACT
OR OMISSION OF A THIRD PARTY.
10.4 THE PROGRAM IS PROVIDED
"AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
10.5 IN THE EVENT YOU ARE ENTITLED TO A
REMEDY, YOU AGREE THE SOLE REMEDY AVAILABLE TO YOU IN CONNECTION WITH
THE PROGRAM (WHETHER YOUR CLAIM IS BASED IN LAW OR EQUITY) SHALL BE
NO GREATER THAN THE REWARD AT ISSUE. THIS SECTION 5 WILL SURVIVE
TERMINATION OF YOUR PARTICIPATION IN THE PROGRAM.
11. ENTIRE AGREEMENT
made available to you constitute the entire agreement between you and
Company with respect to your participation in the Program. You may
not assign these Terms or any rewards earned, in whole or in part,
without Company's prior express written consent. Any attempted
assignment without such written consent shall be void. Subject to the
foregoing, these Terms will be binding upon and will inure to the
benefit of the parties and their respective successors and assigns.
FOR THEIR MUTUAL BENEFIT, EACH PARTY WAIVES ANY RIGHT TO TRIAL BY
JURY IN THE EVENT OF LITIGATION REGARDING THE PERFORMANCE OR
ENFORCEMENT OF, OR IN ANY WAY RELATED TO, THESE TERMS OR THE PROGRAM.
Rewards may not be brokered, bartered, attached, pledged,
auctioned, gifted, sold or otherwise transferred or disposed of for
consideration, or in any manner otherwise received or used in
violation of the rules herein. Rewards cannot be assigned, licensed,
combined or transferred to any other entity, person, or type of
program offering or reward. Any receipt or use of the Card or Rewards
in violation of these Terms will render such Card and rewards void.