ConsumerGain is only available TO U.S. RESIDENTS 18 YEARS OF AGE OR OLDER.

MANDATORY ARBITRATION. As a member of our site, You understand and agree that all claims, disputes, or controversies between You and MemberSourceMedia LLC, including but not limited to tort and contract claims, claims based upon any federal, state, or local statute, law, order, ordinance, or regulation, and the issue of arbitration, shall be resolved by final and binding arbitration using the American Arbitration Association's (AAA) Commercial Arbitration Rules (AAA Rules) in effect on the date of initiation of the arbitration, except as to those AAA Rules that conflict with or differ from this Agreement, by one or more arbitrators appointed in accordance with the said rules at a location determined by the arbitrator(s). Any controversy concerning whether a dispute can be arbitrated shall be determined by the arbitrator(s) and not by the court. Judgment upon any award rendered by the arbitrator(s) may be entered by any state or federal court having jurisdiction thereof. This arbitration contract is made pursuant to a transaction in interstate commerce and its interpretation, application, enforcement, and proceedings there under shall be governed by the Federal Arbitration Act, 9 U.S.C. Sec. 1-16 ("FFA"). NEITHER YOU NOR WE SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER CONSUMERS OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. Each party voluntarily and knowingly waive any right they have to a jury trial.

ConusmerGain, ('ConsumerGain.com' or 'we') reserves the right to modify these terms at any time, at our sole discretion. Any revisions to the terms of this Agreement (the 'Agreement') will be immediately reflected on this posting. By completing the ConusmerGain registration process you (the 'Member' or 'You) agree, and are legally bound, to all terms of this agreement.

A. BASIC MEMBERSHIP REQUIREMENTS. To maintain a Membership in the ConsumerGain.com program, You must meet the following requirements and ConsumerGain.com reserves the right to terminate the Membership of anyone who fails to meet these requirements on an ongoing basis:

A.1) Members must be 18 years of age or older

A.2) Approved Membership Locations. The Program is currently available only in the United States of America. You must be physically located within the United States of America while using the Program, and be a legal resident of the United States of America and have a physical mailing address in the United States of America throughout Your Membership.  This program is not valid to residents of Ohio.

A.3) Only one account per member per household. You may only sign up once and maintain one Membership in the Service. Using multiple email or physical addresses will result in termination of the accounts that violate this requirement, resulting in the potential loss of accumulated Credit for which You will not receive any compensation or remuneration.

A.4) Program enrollment . To the full extent allowed by applicable law, ConsumerGain.com at its sole discretion and for any or no reason may refuse to accept applications for membership.

A.5) Valid Information. You must provide ConsumerGain.com with valid contact information including name, postal address, and email address. Members are responsible to promptly update such information should it change. ConsumerGain.com reserves the right to request verification of, and member agrees to be subject to verification of, any of the information provided by member for enrollment with and continued use of the services provided by ConsumerGain.com. You may not impersonate or misrepresent your identity. ConsumerGain.com reserves the right to terminate any account, and associated membership, containing untruthful information. ConsumerGain.com is not responsible for lost payments or communications due to your failure to provide ConsumerGain.com with valid contact information as reasonably necessary;

A.6) ConsumerGain.com newsletter and other emails. By signing up for ConsumerGain.com, you are opting-in to receive ConsumerGain.com newsletters and other special offer emails from ConsumerGain.com or any of its partner sites. If you do not wish to receive these emails, you may opt-out at any time, by updating your Account information. Once an update to opt-out has been made to ConsumerGain.com, a request will be sent to the emailing service and may take up to 48 hours to take effect. At this juncture, ConsumerGain.com is not responsible for failure of the emailing service to uphold your request, but will act accordingly to attempt to resolve all issues.

A.7) Members can not transfer accounts. Your password and account are personal to You and are not transferable; You may not allow anyone else to use Your password or account or to receive payments to You; You may not use anyone else's password or account or act to accrue points for anyone else's account; You are responsible for keeping Your password secret. ConsumerGain.com will not be liable for losses that are incurred through the use of Your password by a third party or the disclosure of your password or account.

A.8) Termination and Cancellation . ConsumerGain.com at its sole discretion and for any reason or no reason at all may terminate any Members without prior notice for (a) any violation of any provision of this Agreement; (b) aiding in or promoting circumvention of the ConsumerGain.com; (c) acting against the business interests or reputation of ConsumerGain.com; (d) otherwise acting unlawfully in relationship to ConsumerGain.com, the ConsumerGain.com website or the ConsumerGain.com Service; (e) breach of our Spamming Policy; (f) inactivity (defined as the failure to earn any cash in your ConsumerGain.com account) for a continuous six-month period; or (g) any other reason at the discretion of ConsumerGain.com. If your account is terminated by ConsumerGain.com, You may not re-enroll or join under a new account unless formally invited to do so by ConsumerGain.com. ( See Section I. below for more information about termination of accounts.)You may cancel Your Membership at anytime by using the "Click here to cancel your account" link in the Account section of the ConsumerGain.com website. If you decide to cancel Your membership and later wish to re-enroll, You will be assigned a new account number and You will not receive credit for referrals made using Your previous account.

A.9) Member responsibilities . Member shall not tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security, or proper function of any part of ConsumerGain.com. Member shall not use robots or scripts with ConsumerGain.com. Violation by member will result in termination of membership, loss of all accrued points and barring from future participation with the service of ConsumerGain.com. Any decision made by ConsumerGain.com relating to termination of membership in cases of suspected abuse or violation of its rules shall be final and binding.

B. Gift Redemption Steps:

Step 1: Choose your FREE gift and submit your email/shipping information.

Please make sure this information is up to date and accurate as this will expedite the redemption process. We automatically send you a Confirmation Email to you to verify that we have your correct email on file; please respond upon receipt.

Step 2: Complete offers from our Best of the Net offer sections.

We constantly strive to find the best advertiser offers on the internet for our members by researching and testing each offer. These hand picked offers are added to our Best of the Net sections. You will find an extensive selection of advertiser’s offers to choose from within each of the three Best of the Net offer sections. Just pick and complete a total of six (6) offers to receive your free gift: two (2) from Best of the Net 1 section, two (2) from Best of the Net 2 section, and two (2) from Best of the Net 3 section. We will update your ‘Account Status’ with the total number of completed offers upon notification from the advertiser that you have met their requirements.

Please do not contact any of the advertisers as they will not be able to assist you.

Please be patient as some advertisers take 2-3 weeks to report back to us.

Step 3: Submit your Gift Redemption form.

A redemption link will appear in the status section of your account once you have completed a total of six (6) offers: two (2) from Best of the Net 1 section, two (2) from Best of the Net 2 section, and two (2) from Best of the Net 3 section. The completion of additional offers (more than 2 per section) in any section cannot be transferred as a completed offer to another section.  For example, if a member completes 3 sponsor offers in Best of the Net 1 section, the additional offer(s) cannot not be applied to Best of the Net 2 section nor Best of the Net 3 section, or vice versa.  Once all six (6) of your sponsor offers has posted to your account, the Redemption link will be available in your account.  Please be sure all of the information on you Gift Redemption form is correct before submitting the form. Be sure to also include an attached photocopy of your state issued ID.  We do not except photocopies of school ID’s, work ID’s/badges, passports, citizenship nor naturalization papers.  Your state issued ID must also indicate your current address.  Once your Redemption Form is received and processed by our Compliance Dept., you will receive your gift in 4-6 weeks.

MemberSourceMedia reserves the right to pass on shipping and processing fees to You following repeated unsuccessful attempts to deliver Your gift or reward.

C. REFERRALS. MEMBERS MAY NOT USE SPAM TO OBTAIN REFERRALS. You may not use unsolicited email, usenet, or message board postings ("SPAM") to gather referrals. (Usenet and message board spam are messages sent or posted which are unrelated to the topic of discussion of the particular news group or message board.) The use of spam to promote the ConsumerGain.com service has strict negative consequences. Not only may ConsumerGain.com terminate the Membership of any Member who in ConsumerGain.com's reasonable opinion has used unsolicited email to gain referrals (a "Spammer"); ConsumerGain.com will also sever the branch of the "referral tree" made up of direct and extended referrals obtained by the Spammer. The branch accounts (those under the Spammer) will not be terminated, but no one above the Spammer on the referral tree will benefit (e.g. receive paid search credits) from them. In addition, You may be subject to state and federal penalties or other legal consequences under applicable law if You send unsolicited email. Our Anti-Spam Policy provides more details and is incorporated into this Agreement.

C.1) MARKETING CLAIMS. You agree not to make any misrepresentations to any of Your Referrals or potential Referrals with respect to compensation typically received by ConsumerGain.com members or with respect to compensation that potential members are likely to receive, and to fully comply with all applicable laws related to multi-level marketing programs.

C.2) No benefits are available to members for referrals of advertisers to ConsumerGain.com.

D. CREDIT CARD OFFERS AND FREE GIFTS. If you are accepted by ConsumerGain.com as a Member of the ConsumerGain.com Service and meet all the requirements provided in this Agreement You may earn free gifts for fulfilling offers you have selected if and only if you have complied with the steps outlined in our Help section.

D.1) There are conditions in order for ConsumerGain.com members to receive free gifts. ConsumerGain.com members must have cookies enabled. ConsumerGain.com members must access the merchant site through ConsumerGain.com. These conditions are mandatory so that the merchant will know that the ConsumerGain.com member used ConsumerGain.com to reach the merchant site.

D.2) Free gifts awarded to ConsumerGain.com members are subject to changes for returns, cancellations, and other events. ConsumerGain.com can make these changes to ConsumerGain.com member accounts at its sole discretion. If you disagree with the changes made your sole option is to deactivate your ConsumerGain.com account.

D.3) Member understands that, in some cases, there may be delay in the crediting of free gifts for promotions of advertisers or partners due to advertiser's or partner's failure to provide necessary information to ConsumerGain.com for such crediting of free gifts. ConsumerGain.com will not be responsible or liable for the delay or failure to credit free gifts in such an event.

D.3a.)  In addition, if an advertiser or partner fails to report back a completed offer after three weeks have passed since the offer was initially completed, a member may request that a manual credit be applied to their account for the offer.  In such an event, the will be required to submit proof that they successfully completed their offer. Thus, please keep all email receipts received by the advertiser for your completed offers. Sufficient proof includes, but is not limited to an email receipt received from the advertiser either confirming proof of a membership or product purchase, a credit card billing statement confirming proof of a membership or product purchase, and for credit card offers, a copy of a credit card billing statement showing that the member was approved for their card, and activated it by making a balance transfer, cash advance or purchase on the card. 

MemberSourceMedia reserves the right to request additional information pertinent to a manual credit request should the initial submission of offer proof be identified as insufficient for any reason. 

The submission of offer proof does not guarantee that a member will receive a manual credit for their offer.  If an affiliate or advertiser has denied a manual credit request, the offer credit will not be applied to the member’s account.  MemberSourceMedia will not be held responsible for any offer credit that is denied by an affiliate or an advertiser.

D.4) ConsumerGain.com does not warranty, guarantee, or insure the quality of any product or service requested from one of the publisher advertised merchants.

D.5) ConsumerGain.com neither endorses the contents of advertisements or third parties Web sites, nor assumes responsibility or liability for the accuracy of material contained therein, or any infringement of third party intellectual property rights arising there from, or any fraud or other crime facilitated thereby.

D.6) ConsumerGain.com is not responsible for promotions or additional offers displayed on the Web sites of the advertised merchants.

D.7) In order for a Discover® Card and Citi® Card applicant to be eligible to receive credit for their offer, they must apply for, get approved and activate their credit card by making a purchase, balance transfer or cash advance.

D.8.) New Customers only:  Members that sign up for a Sponsor offer (service) they have already been a customer of (whether currently or in the past) will not be considered valid completion of a Sponsor offer and will not receive credit for that Sponsor offer. MemberSourceMedia reserves the right to remove any credits from a member’s account at any time upon receipt of confirmation provided by this sponsor, even if they originally confirmed your eligibility for their offer.

Par the above, should we be informed by a sponsor that an offer was either not sufficiently completed or was canceled before satisfaction of offer completion, MemberSourceMedia reserves the right to remove the credit from the member’s account. This is including but limiting to a member’s early termination of a sponsor offer, multiple completion of a sponsor offer and insufficient qualification for a sponsor offer.

D.9.) Sponsor offer Cancellation: Should a member cancel their account with an advertiser prior to 30 days or prior to making a membership payment/purchase (which ever should occur first), they will not receive credit for this offer.  This also applies to any sponsor offer a member may have already received credit for.

D.10.) We reserve the right to refuse crediting a user for offer completion for a variety of reasons, including, but not limited to, lack of appropriate information, improper sign-up method, and/or history of manual credit requests. 

D.11.) Members that complete a specific offer more than once, will receive Credit for only one (1) offer. We reserve the right to deduct or remove additional Credit from Your account if You do not comply with all applicable conditions. Violations may result in termination of Membership and the loss of all Credit.

D.12.) Manual credit requests that have been approved by our affiliate and advertisers may not be acknowledged in the Member Account Status.  Members will be
informed via email that they have been approved for their manual credit requests.

E. FREE GIFT ORDERS. Your order will be shipped to the shipping address provided by You in the Shipping Information form. Orders placed are subject to availability and delays set by the United States Postal Service or other shipment service. ConsumerGain.com will make all reasonable attempts to process and ship all due merchandise within a reasonable timeframe as stipulated in the Help section.

E.2) ConsumerGain.com reserves the right to change free gift requirements for any product offered within ConsumerGain.com at any time.

E.3) ConsumerGain.com does not warranty, guarantee, or insure the quality of any product ordered through ConsumerGain.com. ConsumerGain.com will make all reasonable efforts to compensate You for merchandise determined dead-on-arrival (DOA), but is subject to terms set by and the cooperation of the vendor through which the product was purchased. ConsumerGain.com claims no liability beyond this.

E.4.) Only One Redemption Per Address/Household. To avoid confusion, ‘household ‘is defined as other persons, related or unrelated, residing at the same address. If someone in Your household has already received a gift from this Program, You are not eligible for a gift. You must use the address of Your residence to register for the Program. The address You use to register must be legally recognized by the US Postal Service. No P.O. Boxes. We reserve the right to terminate accounts that violate this requirement, resulting in the potential loss of accumulated Credit for which You will not receive any compensation or remuneration. We may, at Our sole discretion, request a copy of a utility and or phone bill along with a copy of Your driver's license or state issued ID for verification purposes.  Also, only one account is allowed per IP address per credit card.

E.5.) Redemption Time Limit. To obtain Your gift incentive, You must submit Your Gift Redemption and Shipping Confirmation Form within 90 days from the date it appeared in Your account. Submission after this time has elapsed does not meet the conditions for eligibility, and MemberSourceMedia will not be obligated to award the gift or reward. Fulfillment based on a submission after 90 days is at the sole discretion of MemberSourceMedia.

E.6.)  MemberSourceMedia reserves the right to substitute any gift or reward with a check of equal or greater value.

F. MONITORING YOUR FREE GIFT STATUS. You may view the status of your free gifts in the ConsumerGain.com "Gift Status" section. At this point, the information is not updated in real-time as credits are accrued, but ConsumerGain.com will try to keep the amounts updated in a reasonable fashion. If you have a question about your account balance, click here to contact Support.

G. YOUR RELATIONSHIP WITH ADVERTISERS. Your relationship with merchants or advertisers whom ConsumerGain.com delivers offers for on both our publisher sites and ConsumerGain.com, including payment for and delivery of related goods or services, entry into and operation of promotions, discounts or contests, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such merchant or advertiser. You agree not to hold ConsumerGain.com liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the content provided by such merchants or advertisers through the Service.

H. TERMINATION. If a Member's account is terminated by ConsumerGain.com, ConsumerGain.com may refuse to honor some or all of the free gifts credited to the terminated Member's account if such gifts were earned in violation, or after violation, of this Agreement or were otherwise unlawfully obtained by the Member. Similarly, ConsumerGain.com will have no obligation to honor a Member for gifts credited to the Member's account that were earned in violation or after violation of this Agreement by any of the Member's direct or extended referrals. If your account is terminated by ConsumerGain.com, You may not re-enroll or join under a new account unless formally invited to do so by ConsumerGain.com.

I. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, ConsumerGain.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED BY LAW, CUSTOM OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ConsumerGain.com MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.

J. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, NEITHER ConsumerGain.com NOR ANY OF ITS MEMBERS, SUBSIDIARIES, PUBLISHERS, SERVICE PROVIDERS, LICENSORS, OFFICERS, DIRECTORS OR EMPLOYEES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL ConsumerGain.com's TOTAL CUMULATIVE LIABILITY TO ANY MEMBER UNDER THIS AGREEMENT EXCEED AN AMOUNT EQUAL TO: THE TOTAL VALUE OF THE PRODUCTS RECEIVED THROUGH THE SERVICES OF ConsumerGain.com.

K. GOVERNING LAW AND OTHER TERMS. Any action related to this Agreement will be governed by California law, excluding (1) principles of conflicts of laws, and (2) the United Nations Convention on Contracts for the International Sale of Goods. Any action relating to this Agreement shall be brought in the state or federal courts located in the Northern District of California, and You hereby submit to the exclusive jurisdiction and venue thereof. You agree to comply with the laws of California and the United States that apply to the use of this Service and the compensation You may receive. If the laws of Your country, state, or province of residence prohibit or limit Your participation in this Service, then You are responsible for complying with such laws and you agree to indemnify ConsumerGain.com against any breach. If any part of this Agreement is held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect. This Agreement is personal to You and You may not transfer, delegate, or assign this Agreement, your referral network, your ConsumerGain.com account or other benefits you receive as a ConsumerGain.com Member to anyone. Any attempt by You to assign or delegate this Agreement shall be null and void. ConsumerGain.com may assign this Agreement at its sole discretion.

L. SECURITY To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, ConsumerGain.com has used appropriate industry standard procedures to safeguard the confidentiality of Your personal information, such as firewall, encryption, token authentication, application proxies, monitoring technology, and adaptive analysis of network traffic to track abuse of our network and its data. However, no data transmitted over the Internet can be 100% secure. As a result, while we strive to protect your personal information, ConsumerGain.com cannot guarantee the security of any information that you transmit to us or from our sponsors and You do so at Your own risk.

M.) INACCURACIES:

Inaccuracies/Typos/Hacking. MemberSourceMedia will not be held liable for typos or misstatements contained within the ConsumerGain.com site. Additionally, MemberSourceMedia is not responsible for misrepresentation of gift incentives available due to illegal interference with ConsumerGain.com. We reserve the right to rectify any typos, errors and descriptions as needed to affirm accurate information. Under no circumstances will MemberSourceMedia be held liable for misquoted content. MemberSourceMedia does not award gift incentives with a value that is greater than $500.00. If there is a gift incentive valued at more than $500.00 that appears in affiliation with ConsumerGain.com, it is the result of unauthorized hacking or tampering with the site or an error.  MemberSourceMedia reserves the right to remove any and all reference made to that gift incentive and will thus select another gift incentive valued at $500 in its place.

This Agreement constitutes the entire Agreement between You and ConsumerGain.com in connection with general membership in ConsumerGain.com and supersedes all prior agreements between the parties regarding the subject matter contained herein. If any provision of this AGREEMENT is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of this AGREEMENT will remain in force. No failure of either party to exercise or enforce any of its rights under this AGREEMENT will act as a waiver of such rights.