This Terms and Conditions of Service (“Terms”) document for Tenant Rewards.com (“Tenant Rewards”) acts as a contract between yourself (“Member”) and Tenant Rewards, LLC. Each Member’s use of Tenant Rewards services is conditional, allowed only by acceptance of the conditions outlined in this document. In order to use the services of this website, Member must read these Terms, agree and accept to be bound by all of the conditions contained in the Terms. Tenant Rewards holds the right to amend the Terms at any time by posting a revised version on the Tenant Rewards website. The revised version will be effective at the time we post it and applies to all Members.
“Tenant Rewards” and all related logos, products, and services described in the Tenant Rewards.com website are either trademarks or registered trademarks of Tenant Rewards. The appearance, design, and composition of Tenant Rewards’ website is original content, wholly owned by Tenant Rewards.com, and cannot be used, reused, copied, distributed, redistributed, or imitated without prior written approval from Tenant Rewards.
Tenant Rewards is a Washington-based Limited Liability Company, operating from 2414 SW Andover St. | Seattle, WA 98106.
Benefits of Membership
Immediately upon joining Tenant Rewards, users join a Membership with distinct benefits including access to real estate related services, Rewards Advisor, Agent/Broker selection, and ultimately, cash back rewards. Through the Tenant Rewards website, Members can get all kinds of information regarding the program. Tenant Rewards offers a variety of automated mechanisms that help with the real estate purchasing, or selling, transaction. Tenant Rewards also automates the process of applying cash back rewards at the time of closing.
Members choosing to use Tenant Rewards for other purposes than described above may be in violation of these Terms, and subject to remedies, including those outlined in Restricted Activities.
Specifically, but not limited to, Members may not use the Tenant Rewards services for the following purposes:
- Sales of goods or services
- Introduction to Agent/Broker to circumvent Tenant Rewards Program
By using this site, you agree to be bound by the Terms and Conditions of Service explained in this document. The use of this site, in a manner inconsistent with the descriptions in these Terms, is strictly prohibited.
In order to be eligible to use Tenant Rewards services, Members must be at least 18 years of age, and a resident of the United States. Members may use Tenant Rewards for the purposes outlined in the Acceptable Use section of these Terms.
Further, Members are only eligible to use Tenant Rewards services if they agree to be matched up with a Real Estate Agent/Broker as selected by the Tenant Rewards Program. Members that are already working with a Real Estate Agent/Broker would not be eligible for this program and benefits.
Cash Back Reward Options
Tenant Rewards offers two types of cash back reward options. They are distinguished as follows:
At Closing: Allows Members to use their Cash Back Reward amount at the time of closing and have it directly applied to their closing costs. Certain restrictions, based on loan specifications, may exist. Verification with the lender is required prior to closing.
In Mail: Allows Members to receive a check in the mail after their transactions has successfully closed. Please allow up to 3 weeks for this payment to arrive. Also, taxes may be required with this option and Member is required to check with their CPA regarding the matter.
The Member will choose which option is preferred.
A Member may request a specific Real Estate Agent/Broker be invited to participate with him/her through Tenant Rewards. This is not guaranteed to be allowed, but will be evaluated on a case-by-case basis. At minimum, Real Estate Agent/Broker would be required to sign Terms of Acceptance document outlining rules and regulations.
From time to time, Tenant Rewards Members may have opportunities to cast votes. Through inactivity, Tenant Rewards will cast an abstention vote on behalf of Members. The deadline for voting is clearly visible on email voting notifications.
Abstentions have the effect of removing the Member from the voting pool. Thus, a Member in a ten-Member example would effectively reduce it to a nine-Member pool of voters. In this example, after the abstention, a majority could be reached with five Member votes instead of the six votes that would have been required before the abstention.
Tenant Rewards partners with select 3rd party vendors that offer a variety of services. Any fees associated with these services may be able to be paid from Members’ Cash Back Reward. If this is desired, special arrangements will be made with Rewards Advisor. When this has been allowed, a Member’s pre-determined vendor will automatically receive funds from the Member’s Cash Back Reward amount once the transaction has successfully closed.
Late Program Enrollment
Tenant Rewards may allow Members the option of enrolling in the Tenant Rewards Program even after beginning a relationship with a non-approved Real Estate Agent/Broker. In order for this to possibly occur, the Member and Real Estate Agent/Broker must both agree, and possibly sign a document, indicating no agreement is being violated. In the event either party does not agree, then no enrollment will be allowed.
Tenant Rewards deals only in American dollars. Foreign currencies are not supported by Tenant Rewards.
Non-American Members are able to use Tenant Rewards; however Tenant Rewards’ full feature set may not be available to Members outside of America. International Members should be aware that the site is primarily intended for use by Americans, and operates under the assumption that Members reside in America. International users may get a different experience than American Members.
Notable restrictions include the ability to receive the Cash Back Reward.
Primarily, Tenant Rewards bills itself as a free site. In most instances, Americans can participate at no cost. That option may not be available for international users, who will need to pay small processing fees associated with payments, etc.
Allocation of Cash Back Reward
Once the real estate transaction has been approved, Members must have selected their preferred Cash Back Rewards payment option. It is unlikely that the option could be changed after this point.
If any Cash Back Rewards money is requested to be withheld, special permission is required from the Administrator.
Funds Withdrawal Methods
In the event that the Cash Back Rewards payment sent by postal service is returned to Tenant Rewards, Tenant Rewards reserves the right to assess a nominal fee for re-sending.
Tenant Rewards will honor the request of any participating Member to exit the program, provided a real estate transaction is not underway. This will be defined as early as the acceptance of Real Estate Agent/Broker to work with.
Tenant Rewards Referral Program is a process by which a Member may earn certain incentives when a non-Member (“New User”) creates an account and acknowledges his/her referral source. Any previously unregistered Member on Tenant Rewards must meet certain criteria (“Qualifying Criteria”). Member must maintain an active Tenant Rewards account in good standing to be considered for any Referral Incentives.
Qualifying Criteria varies from time-to-time. Tenant Rewards will define and disclose the Qualifying Criteria to Member on the website, if any is applicable. Qualifying Criteria may include the New User meeting certain eligibility requirements. The current Qualifying Criteria are described below.
To participate, a Member becomes an Originating Member by providing New User(s) a personal referral link (“Unique Link”), available on the website. If the New User uses Originating Member’s unique link and registers, Originating Member is eligible to receive the incentive (“Originating Member Incentive” or “OMI”) Tenant Rewards has defined for the selected time period. Once the Qualifying Criteria have been met by the New User’s Member, Tenant Rewards will compensate accordingly.
Each New User that clicks on a Unique Link and registers is also eligible for the Cash Back Reward. Upon successful completion of a real estate transaction, Tenant Rewards will compensate based on Cash Back Reward calculation.
Prior to the Cash Back Reward being disbursed, Tenant Rewards will verify that Qualifying Criteria have been met for each New User. If Qualifying Criteria have not been met, Cash Back Reward may be voided.
Tenant Rewards reserves the right to disqualify Member from participating in the Referral Program after the expiration of Member’s Unique Link.
Failure to disclose any required information is a violation of this Agreement and Tenant Rewards may terminate you immediately from the Referral Program, disqualify you from participating in the Referral Program in the future, and cause the forfeiture of any Referral Incentives in your account.
Tenant Rewards reserves the right to modify or discontinue the Referral Program either temporarily or permanently (or any part thereof) at any time with or without notice. Tenant Rewards will not be liable to Member in the event of any modification, suspension or discontinuance of the Referral Program.
Tenant Rewards, in the case of two Members referring the same individual(s), will use the verifiable date/time stamp of referral acceptance. In the event it is not known, or unable to be determined, the New User will be required to name his/her referral source. Only one is permitted. In the event of a dispute that cannot be resolved, Tenant Rewards may choose to void the Referral, or take any necessary action deemed most appropriate to protect the Program.
No Member may receive $10,000, or more, in each calendar month. Remaining balances may be required to be applied/disbursed in subsequent months. Additionally, at Tenant Rewards’ discretion, Cash Back Reward amount may be delayed if there are indications of risk, fraud, or criminal activity.
It is the sole responsibility of each Member to determine the applicability of any taxes that may be due as a result of participation. Tenant Rewards is not responsible for tax advice, calculation of taxes that may be due, or reporting tax data to any agency. This applies to all agencies and levels of government.
Assignment and Reassignment
The rights and obligations described in these Terms are non-transferable. Members may not assign or reassign any of these Terms without the prior written approval of Tenant Rewards. Tenant Rewards reserves the right to transfer or assign these Terms or any right or obligation under this Agreement at any time without limitation.
Financial transparency is a significant element of Tenant Rewards’ feature set, and as such, Member communication is deemed to be an important element of its charter. Members agree that they may be contacted via mail to a street address, via email to an email address, via phone, and via postings on the Tenant Rewards website. Notices sent via email and the website are considered to have been received within 24 hours of their delivery. Tenant Rewards reserves the right to refuse service to any Member who cannot or will not accept communication in electronic form.
Members agree to allow Tenant Rewards to make inquiries necessary to validate the identity of its members. This may come through direct contact with Members, or via third parties.
Tenant Rewards has a variety of fraud and identity theft countermeasures built into its systems. These measures are designed for legal compliance and Member safety. For those reasons and others, Tenant Rewards reserves the right to impose limits on the amount of money that can be associated with any transaction.
Reversals and Charge backs
Upon the reversal of a Cash Back Reward, Tenant Rewards reserves the right to freeze all awarded funds until such a time as the reversal or chargeback has been resolved. This would primarily occur if a real estate transaction flipped and was not successfully completed. Members agree that lost funds due to reversals and charge backs are the obligation of the Member. Tenant Rewards is never responsible for reversals or charge backs. Losses of funds due to reversals and charge backs are applied to any Cash Back Reward amount or the Member balance, at Tenant Rewards’ discretion. Further, any fees incurred by Tenant Rewards in processing or disputing reversals and charge backs will become the sole obligation of the Member, and will be applied to any Member balance. Tenant Rewards recommends that Members consider all available options before performing a reversal or charge back. The Real Estate Brokerage may determine the winner of a dispute, not Tenant Rewards.
Failed Cash Back Rewards
Tenant Rewards does not have the capability, nor the obligation, to release any bank, credit union, or financial institution’s temporary hold on Cash Back Reward authorized funds. Since we do not have the capability to release the financial institution’s temporary hold, we cannot be responsible for the policies of the customer’s banking institution regarding the holding of authorized funds. We suggest that the Member contact their financial institution in order to resolve any situation.
Cash Back Reward Accessibility
Cash Back Rewards are made available from the referral fee commission paid by the Real Estate Agent/Broker and his/her firm. Tenant Rewards must receive this referral commission fee in order to process the Member’s Cash Back Reward. In the unlikely situation where a Real Estate firm does not pay the referral commission, no Cash Back Reward may be available for disbursement. Tenant Rewards will use all available resources to insure this does not happen.
A Member account is considered to be inactive when a member has not made a transaction of any kind in 24 months. A transaction comprises any communication with the Tenant Rewards program, etc. A bounced back electronic correspondence or returned postal delivery is not considered a transaction.
Assignment of Interest and Earnings Credit
Member agrees that Tenant Rewards may permanently and irrevocably grant and assign to Tenant Rewards all right, title, and interest in any earned interest or other earnings that may be derived from funds earmarked for Cash Back Rewards. Member agrees that Tenant Rewards is entitled to retain all amounts earned from such investments as a fee for the services provided in performing Tenant Rewards’ obligations under the Terms. Tenant Rewards has no claim of ownership to the funds payable to Member due to completed and successful real estate transaction.
Escheatment of Funds
In order to be compliant with many states’ laws, if a Member’s account lies dormant for more than 24 months, Tenant Rewards may be required to escheat any theoretical Member Cash Back Rewards to the Member’s state of residence listed in the website’s registration database. If the state is unavailable, unknown, or incorrect, funds will be escheated to the State of Washington. Tenant Rewards will email notification of intent of escheatment 30 days prior to the escheatment. Failure to respond to the email by removal of funds will result in escheatment to the state. After escheatment, Members who wish to reclaim their funds may begin a claims process with their state’s unclaimed property department.
By using the Tenant Rewards website and its services in any manner, duration, and for any intent, Members agree that they will not:
a) Provide inaccurate or false information.
b) Refuse to confirm their identity, if asked.
c) Perform any act that allows for the laundering of stolen or fraudulent funds.
d) Take any action that could cause Tenant Rewards to lose the services of its partners.
e) Perform actions that are reasonably deemed hostile to Tenant Rewards’ technical infrastructure.
f) Use Tenant Rewards to collect and redistribute Member information.
g) Use any mechanism to hide or alter the Member’s IP address. This includes, but is not limited to, “spoofing” or “anonymizing”.
h) Violate any law, statutes, ordinances, regulations, or legally-binding restrictions.
i) Breach any Tenant Rewards trademarks, copyrights, patents, or any other intellectual rights, including the rights of privacy and publicity.
j) Take actions that could be construed as unlawfully threatening, harassing, or defamatory.
k) Refuse to cooperate in any investigation, if asked.
m) Use the account of another Member who is performing any Restricted Activities.
n) Use your account in a fashion that is reasonably believed to be in violation of the code of ethics with Real Estate Agents/Brokers.
o) Use the Tenant Rewards service from any country not outlined in the Eligibility section.
p) Disclose other Members’ account information.
q) Use the site in conjunction with any automated process. This includes, but is not limited to, automated methods of data entry and “screen scraping”.
r) Copy any portion of the Tenant Rewards website without prior written approval.
For those in violation of any Restricted Activities, Tenant Rewards may attempt to protect itself, individual Members, its Membership at large, its service providers, and third-parties by performing a variety of actions. These include, but are not limited to, the following list.
Tenant Rewards may:
a) Update Member account information to correct inaccuracies.
b) Refuse service.
c) Withhold funds for up to 180 days if in the reasonable sole judgment of Tenant Rewards, such actions are necessary in order to protect itself from liability.
d) Take legal action against any Member.
e) Close Member accounts.
f) Limit Member availability to Cash Back Rewards.
g) Contact Member’s Real Estate Broker/Agent, any other related real estate entity that is party to the transaction, and/or any other financial institution deemed appropriate in the sole judgment of Tenant Rewards.
h) Contact any third-party who has an interest in the Member’s Restricted Activities.
i) Contact law enforcement.
In the sole judgment of Tenant Rewards, it reserves the right to terminate this agreement, and all access to Tenant Rewards services for any reason. In that event, notice will be sent to the affected Member, and Tenant Rewards will be cancelled.
Message Board and Forum Etiquette
For the convenience of Members, Tenant Rewards may offer message boards which allow Members to leave messages for one another. The content of these messages are self-governing, and are not monitored by Tenant Rewards. Members’ comments should reflect the values and standards of the Tenant Rewards program. However, if in the sole opinion of Tenant Rewards, should a Member use the message board to threaten, harass, or defame Members, Tenant Rewards reserves the exclusive right to perform any of the following responses:
a) Refuse service to the offending Member.
b) Refuse service to the offending Real Estate Broker/Agent or other related party.
c) Remove the message board feature for a particular Member.
Members should regularly correspond with their Rewards Advisor. Members should contact Tenant Rewards immediately if any activity is unsettling and/or could be considered questionable.
Members who need to begin a claim process with Tenant Rewards regarding any unauthorized transaction should contact Tenant Rewards’ customer service. When a Member files a claim, Tenant Rewards reserves the right to suspend all related activity for the duration of the claim process.
Disputes with Tenant Rewards, Forum for all Disputes
In the event that a Member has a concern with Tenant Rewards and/or its services, Members should first contact Tenant Rewards. It is Tenant Rewards’ desire to listen to Member concerns, and to address them in an effort to obtain a mutually-agreeable and cost-effective solution.
In the event that a Member and Tenant Rewards are unable to reach an agreement, Tenant Rewards in its sole discretion may, but is not obligated to, consider the merits of using a Washington-based third-party mediator. Members and Real Estate Brokers/Agents and all related parties, as a condition to using the services of Tenant Rewards, that any dispute brought against Tenant Rewards may be made only by legal action commenced in King County District Court, King County, Washington and that Washington law will apply to all such disputes. In any such action where Tenant Rewards is successful in the outcome of the litigation, Tenant Rewards shall be entitled to recover all of Tenant Rewards’ costs and expenses associated with the dispute, including but not limited to attorneys fees and court costs.
Any dispute brought against Tenant Rewards that is raised contrary to these Terms is considered a breach of these Terms, and Tenant Rewards is entitled to recover all costs associated with the dispute, including but not limited to attorney’s fees and costs. A Member who raises a dispute contrary to these Terms will receive notification of the improper dispute.
Any action or inaction taken by Tenant Rewards relative to any dispute or claim does not waive Tenant Rewards’ rights to act to any fashion in subsequent situations regardless of similarity.
Disclaimer of Warranties, Limitation of Liability
TENANT REWARDS PROVIDES SERVICES ON AN AS IS AND AS AVAILABLE BASIS. TENANT REWARDS MAKES NO REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SERVICES OR THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, SERVICES, OR PRODUCTS INCLUDED IN WEBSITE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR AS TO THE CORRECTNESS, ACCURACY, TIMELINESS OR RELIABILITY OF THE INFORMATION, CONTENT OR MATERIALS PROVIDED THROUGH THE SERVICES OR THE WEBSITE. ANY CONTENT, WHETHER PUBLICLY POSTED OR PRIVATELY TRANSMITTED, IS THE SOLE RESPONSIBILITY OF THE MEMBER WHO ORIGINATED SUCH CONTENT. TENANT REWARDS SHALL HAVE NO LIABILITY FOR THE TRUTH, ACCURACY, TIMELINESS OR COMPLETENESS OF ANY INFORMATION MADE AVAILABLE THROUGH THE WEBSITE OR FOR ERRORS, MISTAKES OR OMISSIONS IN THAT INFORMATION OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. MEMBER EXPRESSLY AGREES THAT MEMBER IS USING THE SERVICES AND THE WEBSITE, AND RELYING ON ANY CONTENT OR MATERIALS POSTED OR OBTAINED VIA THE WEBSITE OR SERVICES, AT MEMBER’S SOLE RISK.
By accessing the Tenant Rewards website or using the services, Member agrees to fully indemnify, defend and hold harmless Tenant Rewards, its managers, officers, governors, employees, owners, Agents, Brokers, vendors, partners, service providers, licensors and successors (the “Tenant Rewards Parties” and each a “Tenant Rewards Party”), from and against any and all claims, losses, liabilities, damages, penalties, fines, expenses, costs and attorneys’ fees (collectively, “Losses”) arising out of or relating in any way from Member’s use of the Tenant Rewards website or the services, including Member’s breach or the breach of another Member of any representation, warranty or covenant under these Terms. As a condition to your access to and use of the Tenant Rewards website, you hereby waive and release any and all claims, causes of action or other rights that you might have against the Tenant Rewards Parties arising out of relating in any way from your use of the website or the services.
TENANT REWARDS SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES OF ANY KIND TO MEMBER, ANOTHER MEMBER OR ANY THIRD PARTY (INCLUDING, WITHOUT LIMITATION, ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) THAT MAY ARISE OR RESULT FROM MEMBER’S, ANOTHER MEMBER’S OR A THIRD PARTY’S USE OR ACCESS TO, OR INABILITY TO USE OR ACCESS, THE WEBSITE OR THE SERVICES, WHETHER BASED IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY EVEN IF THE TENANT REWARDS PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. HOWEVER, IF NOT WITHSTANDING THE FOREGOING DISCLAIMER, A COURT DETERMINES THAT A TENANT REWARDS PARTY IS LIABLE FOR LOSSES OR DAMAGES, SUCH TENANT REWARDS PARTY’S TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT OF THE FEES PAID TO TENANT REWARDS BY THE MEMBER(S) CLAIMING LOSS OR DAMAGE.
You agree to indemnify and defend Tenant Rewards, its third-party partners, service providers, employees, officers, directors, Brokers, Agents, and licensors from any dispute, claim, or demand made or incurred by a third party as a result of your breach of these Terms.
Tenant Rewards is owned and operated by Cayce Real Estate Services, LLC. It is not endorsed or sponsored by any other entity. As any of those entities may appear on the Tenant Rewards site, it is not in the format of an endorsement or sponsorship.
March 1, 2015