Last Updated: August 26, 2022
Welcome to the “Found Direct Mailer Bonus Program”!
Please read these Found Direct Mailer Bonus Program Terms (these “Bonus Terms”) carefully because they govern your participation in the Found Direct Mailer Bonus Program (“Bonus Program”) and your eligibility to earn and redeem a Bonus (as defined below). For the purposes of these Bonus Terms, “Found”, “we”, or “us” refers to Indie Technologies, Inc.If you are participating in the Bonus Program on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Bonus Terms. In that case, “you” and “your” will refer to that company or other legal entity.
1. Acceptance of Terms
By participating in the Bonus Program or redeeming a Bonus, you accept and agree to be bound by these Bonus Terms, the Terms of Service available at https://found.com/legal/tos and the Business Deposit Account & Card Terms available at https://found.com/legal/business-account-terms (collectively, the “Found Terms”). If you do not accept the Found Terms in their entirety, you may not participate in the Bonus Program. Capitalized terms used in these Bonus Terms without definition will have the meaning given to them in the Found Terms. If there is any conflict between these Bonus Terms and the Found Terms, these Bonus Terms will govern with respect to the disposition of the Bonus Program.
2. Bonus Program Overview
Found is offering a Bonus until October 31, 2022 for the first 500 users with qualifying deposits into their Found accounts (“Found Account”), subject to the Found Terms.
3. Modification or Changes to Bonus Terms or Bonus Program; Cancellation
The 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 Bonus Program after such changes, you are indicating that you accept modifications or changes to the Bonus Program.
You may only participate in the Bonus Program if you have:
Provided 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;
a Found Card (as defined in the Business Deposit Account & Card Terms);
a Found Account in continuous good standing; and
satisfied the “Participation Requirements” below.
5. Participation Requirements
(a) Tax Information. 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 a Bonus made by Found or your ineligibility to participate in the Bonus Program or receive a Bonus. 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.
(b) Promotional Code. Found may, in its sole discretion, create promotional codes (“Promo Codes”) in connection with the Bonus Program. You agree that Promo Codes: (i) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Found; (ii) may be disabled by Found at any time for any reason without liability to Found; (iii) may be subject to additional terms; and (iv) may expire prior to your use. In the event Found, in its sole discretion, determines that the redemption of a Promo Code or Bonus was in error, fraudulent, illegal, or otherwise in violation of the Found Terms, Found reserves the right to withhold or deduct credits, Bonus, or other features or benefits obtained through the use of a Promo Code by you or any other user.
(c) We have sole direction to determine if you are eligible to participate in the Bonus Program and may suspend, restrict, or otherwise terminate your access to the Bonus Program at any time.
6. Eligible Deposit
(a) General. In order to receive the one-time Bonus, you must by October 31, 2022: (a) make a deposit or deposits to your Found Account with a cumulative value equaling or exceeding $100 USD (collectively, an “Eligible Deposit”); and (b) enter the Promo Code associated with the Bonus Program that you received in a direct mailer from Found in your Found Account.
(b) Disclaimer. Found is not responsible for attempted deposits to your Found Account that are not successful for any reason. There are no restrictions on the number of deposits you can make to your Found Account. Found retains sole discretion in determining whether deposits constitute an Eligible Deposit in accordance with the Found Terms.
(c) Discrepancies. You must notify us of a potential discrepancy in your Found Account within thirty (30) days of the event giving rise to such potential discrepancy. Requests must include your name, and supporting documentation as we may request.
(a) General. The “Bonus” is twenty United States dollars ($20 USD). Subject to the terms of the Found Terms, all Bonus will be paid in cash to your Found Account. By accepting a Bonus, you represent and warrant that such acceptance is not prohibited or inconsistent with any applicable laws, regulations, or policies (including applicable ethics or procurement rules).
(b) Redemptions. You may only redeem a Bonus through redemption options displayed in your Found Account. Redemption options are subject to change and may be subject to additional terms, conditions, and availability. Found is not responsible for and will not monitor the use or redemption of a Bonus. You are solely responsible for ensuring that any actions taken by anyone with access to your Found Account to use or redeem a Bonus do not violate the Found Terms, or laws or regulations applicable to you and your business.
We reserve the right to establish redemption rules and to set a minimum balance of bonuses accrued (“Bonus Balance”) in order to redeem such bonuses, which are subject to change at our sole discretion without notice. Any such changes shall apply regardless of the terms in effect at the time a bonus was accrued. Notifications or changes concerning the procedures for redeeming your Bonus Balance may be posted at https://found.com/legal/. By redeeming a Bonus Balance, you accept any such additional redemption terms.
(c) Timing. Subject to the terms of the Found Terms, you will be able to initiate redemption of a Bonus once Found verifies your Eligible Deposit. The disbursement of a Bonus may be delayed for a variety of factors, including without limitation: (i) the number of Bonuses we need to process; and (ii) the completeness of any additional documentation we may request to process a Bonus.
YOU MAY ONLY RECEIVE A MAXIMUM OF $20 PURSUANT THE BONUS PROGRAM REGARDLESS OF THE NUMBER OF DEPOSITS YOU COMPLETE.
Your Bonus cannot be combined, accrued or transferred from multiple Found Accounts (including those of family members) or other sources into a single Found Account.
8. Your Responsibilities and Use Restrictions
You agree not to do any of the following in connection with your participation in the Bonus Program:
Attempt to or maintain more than one Found 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 employees 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 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 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 Bonus Program and future Found programs, and any deposits you made may be deemed to be ineligible for a Bonus.
9. Tax Information
You understand that you are responsible for determining and obtaining appropriate tax treatment for any Bonus you receive or redeem, and you are solely responsible for any taxes arising from or related to any Bonus. Found will not report any income or earnings related to Bonus to a taxing authority, except where expressly required by law.
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.
11. 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 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 Bonus Program against the Found and other participants in the program.
12. No Warranties
THE BONUS PROGRAM AND BONUS IS PROVIDED ON AN “AS IS” BASIS AND FOUND MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE BONUS PROGRAM OR BONUS. FOUND HEREBY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. YOU FURTHER AGREE THAT FOUND WILL NOT BE 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 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 Bonus Program immediately with or without cause upon written notice to you. In addition, these Bonus Terms and the Bonus Program shall terminate automatically upon any termination of the Found Terms between you and Found. Sections 5, 6(b), 6(c), and 7 to 15 shall survive any termination or expiration of these Bonus Terms.
14. Independent Parties
Nothing in this Agreement will be construed to create a partnership, joint venture or agency relationship between you and Found. Neither you nor Found will have the power to bind the other party, or to incur obligations on the other party’s behalf without such other party’s prior written consent.
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 BONUS PROGRAM, ATTEMPT OR COMPLETE AN ELIGIBLE DEPOSIT, OR OTHERWISE ENGAGE WITH THE BONUS PROGRAM.