Last Updated: May 27th, 2021
Welcome to the “Found Bonus Program”!
These Found Bonus Program Terms and Conditions (these “Bonus Terms”) govern your (“you”) access to and use of the Service (the “Bonus Program”), and hereby amends and is incorporated into the Found Terms of Service between Found and you as of the date you agree to these Bonus Terms (the “Program Effective Date”).
We urge you to carefully read these Bonus Terms and the Found Terms as they govern your participation in the Found Bonus Program and constitute a legally binding agreement between you and Found. Capitalized terms used in these Bonus Terms without definition shall have the meanings ascribed to them in the Found Terms.
THIS IS A PROMOTIONAL PROGRAM BASED ON YOUR ABILITY TO MAKE ELIGIBLE TRANSACTIONS (DEFINED BELOW). IF THERE IS ANY CONFLICT BETWEEN THESE BONUS TERMS AND THE FOUND TERMS, THESE BONUS TERMS SHALL GOVERN WITH RESPECT TO THE BONUS PROGRAM ONLY, AND THE FOUND TERMS SHALL GOVERN IN ALL OTHER MATTERS.
Acceptance of Terms
By participating in the Found Bonus Program, registering for the Found Bonus Program, using the Bonus Program, or making an Eligible Transaction, you acknowledge that your participation in the Found Bonus Program is subject at all times to these Bonus Terms, and you agree to be bound by them. If you do not accept these Bonus Terms in their entirety, you may not participate in the Found Bonus Program.
Bonus Program Overview
The Found Bonus Program enables you to get cash (“Bonuses”) for transactions using your linked Found Debit Card (“Found Card”).
Modification or Changes to Bonus Terms or Bonus Program; Cancellation
The Found Bonus Program, these Bonus Terms, and any aspect thereof are subject to change or cancellation by Found at any time, with or without advance notice to you. Found may amend or update these Bonus Terms at any time by posting a revised version here or through other communications. By continuing to participate in the Found Bonus Program after such changes, you are indicating that you accept modifications or changes to the Bonus Program.
You may only participate in the Found Bonus Program and make Eligible Transactions if you are:
A Found user with a Found debit card;
Over 18 years old and in each case have registered with Found and satisfied the “Participation Requirements” set forth below;
Not in violation of any international, national, state, or local law or regulation as applicable to your eligibility to participate in the Found Bonus Program in whole or in part;
In compliance with the Found Terms, including without limitation, maintaining one Account in good standing for the duration of your participation in the Bonus Program; and
In compliance with the Bonus Terms.
Upon the Found Approval as described below, you will be authorized to use the Bonus Program and receive Bonuses subject to these Bonus Terms. We have sole direction to determine if you are eligible to participate in the Found Bonus Program and may suspend, restrict, or otherwise terminate your access to the Found Bonus Program at any time.
(a) Providing Tax Information Upon Registration. We may require certain tax information for you to participate in the Bonus Program. Much of the information required on the Form W-8 is identifying information. In other words, the information required relates to your name, location, and tax status. Failure to provide Found with a properly completed Form W-8 may result in the withholding of tax on Bonuses made by Found or your ineligibility to participate in the Bonus Program or Bonuses. Importantly, all Forms W-8 provided to Found must be submitted in the manner provided by Found including, without limitation, a signature certifying the accuracy of the IRS Form W-8.
Your Responsibilities and Use Restrictions
You agree not to do any of the following in connection with your participation in the Found Bonus Program:
Attempt to or maintain more than one Account;
Execute or attempt to execute any denial of service;
Interact with any third parties (which includes modifying or accessing data from such third party) if such third party has not consented to such action;
Spam or use any automated vulnerability tools that may generate large traffic volume;
Exploit any vulnerabilities you discover in any way for any reason, including exploitation of any data uncovered by way of such vulnerability;
Engage in social engineering (including “phishing”) of Found staff or contractors, or otherwise;
Violate any other applicable laws or regulations, including those prohibiting unauthorized access to data;
Physically attempt to gain access to Found property; and
Disclose any personal, financial, or location information publicly.
You agree to do all of the following in connection with your participation in the Found Bonus Program:
Inform us as soon as possible upon discovery of any error, vulnerability, or other bug (“Errors”) whether such Errors are outside of the scope of the Found Bonus Program or not; and
Avoid disruptions to others, including but not limited to unauthorized access to or destruction of data, theft, and interruption or degradation of our services.
If you violate these Bonus Terms, you may be prohibited from participating in the Found Bonus Program and future Found programs, and any Eligible Transactions (defined below) you have provided may be deemed to be ineligible for a Bonus.
(a) General. Eligible transactions include certain cash transactions and purchases using your Found Card where the transaction has been settled and not subject to any returns, chargebacks, or other cancellations (“Eligible Transactions”). For each Eligible Transaction, you will receive a credit balance towards earning a Bonus (“Bonus Balance”). You will be able to track your Bonus Balance and how many purchases you need to receive the Bonus on your Found Account. For instance, if you make a purchase for $50 dollars for gas using your Found Card, you will have earned $50 worth of credits towards your Bonus. Any Eligible Transaction will be eligible for a Bonus unless such transaction is identified as an Ineligible Transaction under this Section 6.
(b) Ineligible Transactions. Any of the following (collectively, “Ineligible Transactions”) are restricted from earning Bonus Balance towards your Bonus:
(i) Any transaction where you transfer your Found Card balance to a digital wallet, including without limitation to a Venmo, PayPal, Stripe, Cash App, or any other digital wallet provider (“Digital Wallet”) including mobile versions and mobile applications of such Digital Wallet.
(ii) Your Bonus Balance cannot be combined, accrued or transferred from multiple Found Accounts (including those of family members) or other sources into a single Found Account.
(iii) Any purchase or transaction that is reversed including without limitation, by ACH return (as that term is defined under the NACHA Rules) or is cancelled, disputed, reversed, or otherwise rejected for any reason.
(c) Disclaimer. Found is not responsible for attempted transfers that are not processed for any reason. There are no restrictions on the number of qualified Eligible Transactions you can submit in accordance with these Bonus Terms. Found’s team will aim to review Eligible Transactions on a regular basis. Found retains sole discretion in determining which Eligible Transactions are qualified according to these Bonus Terms.
(d) Discrepancies. You must notify us using the “Contact Us” information of any discrepancies in your Found Account within thirty (30) days of the activity date. Requests must include your name, and supporting documentation as we may request.
(a) General. To be eligible to receive a Bonus, you must provide Found with accurate, complete and up-to-date information about you, including your name, email address, bank account information, and any other information that Found reasonably requests from you.
(b) Bonuses. All Bonuses will be paid in Cash into a participant’s Found account or otherwise credited to your use of Found services as provided in.
(c) Bonuses for Eligible Transaction. You are eligible to receive $20 for $100 of Eligible Transactions.
(d) Redemptions. We reserve the right to establish redemption rules and to set the number of Bonus Balance required to obtain Bonuses, which are subject to change at our sole discretion without notice. Any such changes shall apply regardless of Bonus levels and rules in effect at the time Bonus Balance were accrued. Notifications or changes concerning the procedures for redeeming Bonus Balance, will be published by us and will be available at https://found.com/legal/. You will be deemed to accept these Bonus Terms, in their then-current form, each time you redeem Bonus Balance for a Bonus, regardless of the rules in effect at the time the Bonus Balance were accrued.
(e) Timing. We will make all Bonuses eligible for redemption upon qualifying for the Reward. Please ensure that your Account is in good standing and not dormant, cancelled, or closed to allow us to deposit any applicable Bonuses to your Account. We may delay disbursing Bonuses for a variety of factors, including without limitation: (i) the number of Bonuses we need to process; (ii) the completeness of any additional documentation we may request to process the Bonus; and (iii) other circumstances that may delay disbursements.
EACH USER MAY ONLY RECEIVE A MAXIMUM OF $20 FOR THE DURATION OF THE BONUS PROGRAM REGARDLESS OF THE NUMBER OF ELIGIBLE TRANSACTIONS COMPLETED BY YOU.
The granting of Bonuses as part of the Found Bonus Program is within Found’s sole discretion and all decisions related to the Found Bonus Program are final and non-appealable. We may delay, suspend, or restrict any Bonuses if we reasonably determine that such action is necessary to comply with applicable law or our internal compliance standards.
You are responsible for and must pay all state, federal, foreign or other taxes with respect to any consideration including without limitation the Bonuses paid to you as a result of participating in the Bonus Program. By participating in the Bonus Program, you hereby release and indemnify Found from any liability for any such taxes and you authorize Found to deduct an amount from any such consideration payable as required by federal, state, local or foreign tax law, or under other applicable law to ensure proper collection of all applicable taxes before delivery of any consideration, if any. If any payment is required, and you do not pay such taxes prior to receiving the consideration, your consideration will be deemed forfeited. You further understand that you will provide Found with applicable tax ID, tax forms, documents, or certifications as may be required by applicable law for Found to satisfy any tax information reporting and/or withholding tax obligations with respect to consideration hereunder. You further understand that (i) in the event that the consideration payable to you equal to or more than Six Hundred Dollars ($600) in total in a calendar year, you will be issued an IRS form 1099 and your consideration will be reported to the Internal Revenue Service, and/or (ii) you may be required to properly complete and submit to Found an applicable IRS form if Found determines it to be necessary in order to fulfill delivery of any such consideration.
Feedback and other information which is provided by your or derived by Found in connection with these Found Terms may be used by Found to improve or enhance our Services and Bonus Program and Found shall have a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, modify and otherwise exploit such feedback and information without restriction, provided that the public disclosure of any such feedback or information identifiable to you shall only be by the mutual agreement of you and Found.
Acknowledgment; Waiver and Release
Without limiting any other terms of these Bonus Terms or the Found Terms, you acknowledge and agree that participating in the Found Bonus Program may present the potential for damage or loss to you. To the full extent permitted by law, you agree to hold harmless and waive any legal claims arising from your participation in the Found Bonus Program against the Found Entities (defined below) and other participants in the program.
FOUND MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE FOUND BONUS PROGRAM AND THAT FOUND DOES NOT WARRANT THE BONUS PROGRAM IN ANY WAY, INCLUDING BUT NOT LIMITED TO PERFORMANCE OR FEATURES OF THE BONUS TERMS. ALL WARRANTIES REGARDING THE BONUS PROGRAM, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, OR ANY OTHER WARRANTY, WHETHER EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED BY FOUND.
THE BONUS PROGRAM ARE PROVIDED “AS IS” FOR EVALUATION AND TESTING PURPOSES ONLY, AND OWING TO ITS EXPERIMENTAL NATURE, YOU ARE ADVISED NOT TO RELY ON THE FEATURES OR PERFORMANCE OF THE BONUS PROGRAM FOR ANY REASON. YOU AGREE TO USE THE BONUS PROGRAM WITH ALL DUE CAUTION, AND TO TAKE EVERY PRECAUTION TO ENSURE THE INTEGRITY OF DATA, HARDWARE, AND SOFTWARE IN THE SOFTWARE'S OPERATING ENVIRONMENT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE STANDARD TERMS, YOU FURTHER AGREE THAT FOUND SHALL NOT BE HELD LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF FOUND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOUR PARTICIPATION IN THE FOUND BONUS PROGRAM IS AT YOUR OWN RISK. YOU MAY HAVE CERTAIN RIGHTS UNDER YOUR LOCAL LAW. NOTHING IN THESE TERMS IS INTENDED TO AFFECT THOSE RIGHTS, IF APPLICABLE.
Found shall have the right, at its sole discretion, to terminate this Found Bonus Program immediately with or without cause upon written notice to you. In addition, these Bonus Terms and the Found Bonus Program shall terminate automatically upon any termination of the Found Terms between you and Found. Sections 1, 3, 4(c), 6(d), 7(f), 8 - 15 shall survive any termination or expiration of these Bonus Terms.
You are not an employee, contractor or agent of Found, but are an independent third party who wants to participate in the Found Bonus Program. Nothing in these Bonus Terms are intended to render Found and you as joint venturers, partners, or employer and employee. Under no circumstance will Found be considered to be your employer, nor will you have any right as an employee of Found.
Found’s failure to enforce any right or provision of these Bonus Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Found. Except as expressly set forth in these Bonus Terms, the exercise by either party of any of its remedies under these Bonus Terms will be without prejudice to its other remedies under these Bonus Terms or otherwise.
IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT PARTICIPATE IN THE FOUND BONUS PROGRAM, ATTEMPT OR COMPLETE ANY APPROVED TRANSFERS, OR OTHERWISE ENGAGE WITH THE BONUS PROGRAM.