THE PIONEER POINTS+ LOYALTY PROGRAM TERMS AND CONDITIONS

Enrollment/Eligibility

The Pioneer Points+ Loyalty Program (“Program”) offered by Pioneer Electronics (USA) Inc. (“Pioneer”) and managed by Harco Industries, Inc. d/b/a Passpoints (“Passpoints”) is offered to sales personnel employed by participating Authorized Pioneer Car Electronics Dealers in the United States as a benefit for selling Pioneer Car Electronics products. Members can redeem points for a variety of merchandise and other awards.

Pioneer reserves the right to disqualify any member from participating in the Program if, in its sole discretion, Pioneer determines that the member has abused, received, or claimed points through fraud, theft, or otherwise illegally, or has otherwise violated the Program Terms and Conditions. These rights are in addition to any other legal or equitable remedy that may be available under applicable law. Authorized Pioneer Car Electronics Dealers must submit a valid Distributor Dealer Agreement to Pioneer by Dec. 31, 2013 or sales personnel may not be eligible to participate.

Program members must register and create a profile on the Pioneer Points+ Loyalty Program website (www.pioneerpointsplus.com) to input eligible sales data, redeem points for awards, review transaction history, manage Web profile information, generate a customer service inquiry, and otherwise manage participation in the Program.

Earning Points

Program points are based on point values assigned to Pioneer Car Electronics products currently available for sale.  Program members earn points by selling Pioneer Car Electronics products and registering their sales on the Program website.  The following information is required to register a sale:

·         Retail invoice/receipt/sales slip #

·         Image of invoice uploaded via the Program website (scanned copy, digital photo, etc.)

·         Date sold

·         Model #

·         Serial number (if applicable – not all Pioneer Car Electronics products have serial numbers)

·         Customer name

·         Customer address (street, city, state, zip)

Pioneer reserves the right to audit sales registered for points in the Program.  Pioneer or Passpoints may ask you to re-submit copies of invoices or other proof of sale to verify sales that you have registered.  Keep copies of your invoices for at least six months after the date of Program point registration.

Redemption of Pioneer Points+ Loyalty Program Points

Points are only redeemable through the online awards catalog listed at the Program website (www.pioneerpointsplus.com).

The point values shown include the merchandise, travel or entertainment items offered as awards (“Award[s]”), as well as shipping and handling within the 48 contiguous United States. Requests for shipments to Alaska or Hawaii will be charged an additional amount, which will be quoted upon request. The point values are updated regularly to reflect manufacturer price changes and special deals.  Generally the amount of points required for an Award item will decrease, but on some occasions, the points may increase (e.g. if a manufacturer raises prices).  Awards may change without notice. You may only use points for Awards that are currently available. If an Award is not available, Passpoints will tell you that it is not available and if and when it is expected to become available. When you order an Award, we will send you either the exact model pictured or the most current and comparable model available. If no current and comparable model is available, Passpoints will either offer you an alternative Award selection of equal or greater value at no additional charge or notify you that your redemption request has been canceled and that your points, if deducted, have been restored.  Passpoints will use best efforts to remove discontinued Awards from the website, if applicable, in a prompt and timely fashion, neither Pioneer nor Passpoints is responsible for mistakes in Award descriptions or photographs. All merchandise photographs represent the newest models available at the time the image was published.

Travel and entertainment award redemption instructions will be posted in the item descriptions in the online catalog and/or separate promotional pages in the Program website.

Points are non-transferable and are not redeemable for cash. 

Customer Service

Customer service for the Program is available from Passpoints via e-mail at customercare@awardsheadquarters.net, by U.S. Mail delivered to Harco Industries, Inc. d/b/a Passpoints, 333 South Van Brunt Street, Englewood, NJ 07631 and via telephone at (844) 329-0040 for Program members during the hours of 9 a.m. - 5 p.m. EST (or EDT during applicable time periods), Monday through Friday, excluding holidays.

Merchandise Returns Policy

Merchandise may be returned for any reason within the first 30 days after receipt, with the exception of Projection Televisions, Televisions 24” or larger, digital camcorders, digital cameras, and Apple devices and computers, which must be serviced according to the terms of the manufacturer’s warranty.  All returns must be packed in the original manufacturer’s box and include all original packing materials and accessories.

Merchandise reported defective during the 30 day period will receive a UPS prepaid return label by mail.  Upon Passpoints’ receipt of returned defective merchandise, a replacement will be shipped, unless otherwise notified. 

All merchandise that is received damaged or defective must be reported to Customer Service within 30 days of receipt.  Merchandise reported damaged will necessitate Passpoints to file a claim with UPS or the specified shipping company. For Truck Deliveries, the merchandise must be inspected before you sign the bill of lading. Concealed damage should be reported immediately to Customer Service, but must be reported no later than 5 working days after acceptance. For obvious damage you must either refuse the delivery or make sure you note the damage or shortage on the bill of lading before you sign it. Upon receipt of the findings, a replacement will be shipped unless otherwise notified. Return Authorizations will only be issued for damaged items as long as a claim can be filed with the shipping carrier. Merchandise that has been damaged must not be moved from the address to which it was delivered.

Termination

Pioneer may, from time to time and in its sole discretion, change, limit or discontinue any aspect of the Program; amend the Rules, restrictions, benefits or features, in whole or in part; modify, delete or terminate any or all of the Program including participating awards, awards brands, adjust point levels, benefits, or special offers, at any time.

PIONEER may in its sole discretion terminate or modify, without liability or notice, all or any part of the Program, at any time. The Program may be suspended without notice should events beyond PIONEER’S control occur that interfere with operation of the Program, including but not limited to computer equipment or electronic data transmission failure, strikes, civil disturbances, acts of nature or war.

Damages

Any attempt to tamper with the Program website or undermine the legitimate operation of the Program is a violation of criminal and civil laws. Pioneer reserves the right to seek damages for any such attempt to the fullest extent permitted by law.

Disclaimers

With the exception of Pioneer branded consumer electronics merchandise, Pioneer is not affiliated with any provider of merchandise or services awards listed on the website or in any marketing materials, nor are the providers of merchandise or services sponsors or co-sponsors of the Program.

Copyright/Trademarks/Other Proprietary Rights

All content (and the compilation thereof) included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is and will remain Pioneer’s property or that of our content suppliers and is protected by United States and international copyright laws. Except as otherwise provided herein, all graphics, logos, page headers, button icons, scripts, and service names on the site are and will remain our trademarks or service marks. All other trademarks not owned by us that appear on this site are the property of their respective owners. You will not have, acquire or assert any rights in the Program, web site, components or proprietary rights and will not, without our prior written consent, copy, reproduce or distribute in any manner any of the content, data or information available through our web site or Program. You will not remove or modify any copyright, trademarks, service marks, confidentiality or other proprietary notice or marking appearing on any materials relating to the Program or website.

Your Account

If you participate as a Program member and/or use the Program website, then you are responsible for maintaining the confidentiality and security of your account and password and for restricting access to your computer, and you agree to accept full responsibility for all activities that occur under your account or password. You also agree to immediately notify us of any unauthorized use thereof. We reserve the right at all times for any reason to modify or refuse your use of Program and/or content, including, but not limited to, the ability to terminate your account or program, remove, change or edit content or products offered, and/or cancel your orders at our sole discretion.

Product Descriptions

Passpoints has used reasonable efforts to be as accurate as possible in describing the Awards offered through the Program website. However, neither Pioneer nor Passpoints warrants that Awards descriptions or other content of this site or the Program are accurate, complete, reliable, current, or error-free. You acknowledge that interruptions and loss of access may occur as a result of maintenance or repairs to the Program site, unexpected outages or interruptions or an act or omission by you or any third party.  Pioneer and Passpoints disclaim any liability as a result of any such interruption or loss.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

TO THE EXTENT PERMISSIBLE BY LAW, THE PROGRAM, THE PROGRAM WEBSITE, ALL PROGRAM AWARDS, AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), RELATED SYSTEMS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PROGRAM OR THE PROGRAM WEBSITE ARE PROVIDED BY PIONEER, PASSPOINTS AND OTHER THIRD PARTIES ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, DESCRIPTION, FITNESS FOR A PARTICULAR PURPOSE, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE AND NON-INFRINGEMENT. YOU EXPRESSLY AGREE THAT YOUR USE OF THE PROGRAM, THE PROGRAM WEBSITE, AWARDS, CONTENT AND THE SERVICES IS AT YOUR SOLE RISK AND THAT THE PROGRAM WEBSITE, CONTENT AND SERVICES MAY BE SUBJECT TO CHANGE OR REMOVAL AT ANY TIME. 
NEITHER PIONEER NOR PASSPOINTS WARRANTS THAT THE PROGRAM, THE PROGRAM WEBSITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), RELATED SYSTEMS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PROGRAM OR THE PROGRAM WEBSITE WILL BE UNINTERRUPTED, TIMELY OR FREE FROM ERRORS, INACCURACIES, VIRUSES OR OTHER HARMFUL COMPONENTS. PIONEER, PASSPOINTS, THEIR SUPPLIERS, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS AND SHAREHOLDERS ARE NOT AND WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE PROGRAM, THE PROGRAM WEBSITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), RELATED SYSTEMS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PROGRAM OR THE PROGRAM WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ALL OF WHICH ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW.

Indemnification

You will indemnify, defend (at our election) and hereby release Pioneer, Passpoints, their suppliers, agents, employees, officers, directors and shareholders from all losses, damages, penalties, costs and expenses (including, but not limited to, legal fees) caused by, arising from or relating to information or content provided by you, acceptance, possession, use or misuse of any Awards, or your breach of these terms and conditions.

PRIVACY POLICY

Information provided by you as part of the Program is subject to Pioneer’s Privacy Policy:  http://www.pioneerelectronics.com/PUSA/AboutPioneer/Privacy-Policy, and these additional terms here.

What This Privacy Policy Covers
This Privacy Policy covers the treatment of information collected when you use any Program website. This policy does not describe information collection policies on websites not provided with the Program, including those linked to from any Program website. It also does not cover information you may choose to share with other users of any Program website.

Information Collected
No personally identifiable information about you is collected other than that which you affirmatively choose to submit to us, such as your e-mail address, postal address and name.

From time to time certain non-personally identifiable information is automatically collected when you visit the Program website, such as the IP address of your computer, the time and date of your visit, the pages that you access, and the number of times you return to the website. This information is not used to identify you, but is used in the aggregate for Program purposes. This process may involve the automatic placement of a small, removable text file (commonly referred to as a "cookie") on your computer's hard drive.

How Personally Identifiable Information is Used

Personally identifiable information collect from you will be used to communicate with you from time to time regarding the Program, and will be shared with third party providers as needed for Program administration and Awards fulfillment, who will be subject to confidentiality obligations with respect to such personally identifiable information. We may also use your contact information to notify you of special points earning opportunities offered through the Program.

You may notify Passpoints of any changes in your personal information, or request that such information be removed from our records by e-mailing
customercare@awardsheadquarters.net or calling (844) 329-0040 during the hours of 9 a.m. - 5 p.m. EST (or EDT during applicable time periods), Monday through Friday, excluding holidays. Please be aware, however, that if you choose to have your personally identifiable information removed from our records, you will no longer be able to participate in the Program.

Information about you may be disclosed to third parties if there is a good-faith belief that disclosure is required by law or legal process, to respond to claims, or to protect the rights, property or safety of Pioneer, Passpoints or others.

Changes to This Privacy Policy
This Program Privacy Policy may be revised and updated at any time by updating these Program terms. Your continued use of any Program website will mean you accept those changes.

Governing Law/Jurisdiction

ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE PROGRAM TERMS AND CONDITIONS OR YOUR OR PIONEER’S RIGHTS AND OBLIGATIONS IN CONNECTION WITH THE PROGRAM WILL BE GOVERNED BY AND CONSTRUED ACCORDING TO CALIFORNIA LAW WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS.

ARBITRATION

By participating in the Program, you agree that:  (i) any claim, dispute, or controversy arising out of, relating to, or connected in any way with the Program or the awarding or redemption of prizes or the determination of the scope or applicability of this agreement to arbitrate will be resolved exclusively by final private and binding arbitration conducted pursuant to the AAA’s Procedures for Consumer-Related Disputes in conjunction with the American Arbitration Association’s (“AAA”) Commercial Arbitration Rules (if and as applicable depending on the amount in controversy); (ii) the arbitration shall be held at the AAA regional office nearest Pioneer; (iii) the arbitrator’s decision shall be controlled by the terms and conditions of these Program Terms and Conditions and any of the other agreements referenced herein; (iv) there shall be no authority for any claims to be arbitrated on a class or representative basis; and (v) the arbitrator shall not have the power to award punitive damages against you or Pioneer.  In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the entrant filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive.