Please be advised: Message and Data Rates May Apply. Your agreement to receive SMS or MMS messages from us is not a condition of purchase.
Please be advised that T-Mobile is not responsible for delayed or undelivered messages.
Please be advised that OLN is not responsible for delayed or undelivered messages.
One Loyalty Network, Inc (hereinafter "OLN") is a service provider, using short code 223344, to merchants providing such merchants text (SMS) and multimedia media (MMS) message advertising and product and service offerings delivered to users of mobile telecommunications devices, namely cellular phones. OLN uses patent pending technology to process user requests, delivered via SMS and MMS messages to a dedicated shortcode, and to match them with appropriate coupons for designated products or merchants. These coupons shall then be text messaged back to the end user for immediate redemption up to their expiration date. Thus these coupons are collectively known as "Text Coupons", "SMS coupons", "MMS Coupons", "Coupon", "Mobile Coupons" and may be used interchangeably in these Terms and Conditions. This is a recuring campaign.
For the purposes of these Terms and Conditions "End User" is defined as any person or persons utilizing the OLN services through any medium for any purpose, whether intended or otherwise.
For the purposes of these Terms and Conditions "Buyer" is defined as any person, persons or entity who participates in OLN standard services to disseminate any coupon or discount advertising message(s).
These Terms and Conditions contain information intended for both Buyers and End Users of the OLN service. Some clauses contained herein may or may not be relevant or applicable to all parties.
For the purposes of these Terms and Conditions it shall be understood that any coupon, be it SMS or MMS, that is posted to the OLN website shall be entered into a system for transmitting SMS and MMS coupons by text message or other suitable transmission type to mobile communications device(s). These transmissions are billable to the Buyer according to rates as stated in the contract for services between Buyer and OLN.
The OLN service is by its nature an End User opt-in to service, as end users must request coupons based upon a represented merchant and their unique keyword offering when they want such coupons. The user may opt-in to merchant offerings at any time and "opt-out" of merchant offerings at any time. Sending a request to the dedicated shortcode 223344 is understood as a one-time opt-in to receive the associated SMS and or MMS coupons for the specified merchant offering and thus may receive other coupons from time to time. The End User may opt-out of service at any time to stop receiving Mobile Coupons from OLN by texting "STOP" to 223344. Text "HELP" to 223344 for further instructions and directions.
Please be advised that T-Mobile is not responsible for delayed or undelivered messages.
Please be advised that OLN is not responsible for delayed or undelivered messages.
Any information that you submit or we collect when you are using the OLN is subject to the OLN Privacy Policy, the terms of which are incorporated herein.
OLN does not rent, sell, or share personal information about you with other people or nonaffiliated companies. We take your privacy seriously! We have physical, electronic, and procedural safeguards to ensure protection of your information, please do not share your user info with people who shouldn't enter your account.
By submitting an order for one or more SMS or MMS Coupon(s) to be placed on the OLN website a service level of the Buyers choosing is binding the Buyer agrees to the following terms and conditions:
1. The term of this Agreement shall be listed on the front of this contract subject to the terms hereof. Subsequent renewals shall be priced at the OLN at the selected service level rate by the Buyer. It is the Buyers responsibility to maintain their account.
2. Upon receipt of Buyer's payment, OLN's sole responsibility under this Agreement is to place Buyer's SMS or MMS Coupon(s) on the OLN website and convey such coupons to any opted-in subscriber based upon the parameters selected for a coupon. The Buyer may cancel a coupon at any time but forfeit any reimbursement for any coupon that has already been published to subscribers. OLN shall use due diligence to make such changes. Buyer acknowledges that OLN shall retain total discretion not to place Buyer's Coupon(s) on the OLN website or another domain owned my OLN if OLN deems the content to pertain to gambling, drugs, tobacco and alcohol and be sexually explicit or suggestive, violent, illegal, immoral or otherwise not in accordance with the values, standards and policies OLN sets forth from time to time. Should OLN find itself unable to approve Buyer's Coupon(s) and/or Discount Card Ad(s), OLN shall notify Buyer and advise of any and all necessary changes. In the event Buyer is unable or unwilling to modify Buyer's Coupon(s) as required by OLN, OLN shall refund any payment submitted to OLN by Buyer in good faith unless Buyer's purpose, as deemed by OLN in OLN's sole discretion, was to submit copy knowingly in direct violation of this clause. Should Buyer elect to modify, alter or change Buyer's Coupon(s), in any way following initial approval, OLN shall have the right once again to approve / disapprove Buyer's modified, altered or changed copy; however, in the event that the new copy is not approved, Buyer's prior copy shall be retained and Buyer shall not be entitled to a refund.
3. OLN does not provide any creative, design, technical or production services to Buyer. All requirements for coupons are set forth on the OLN website and in the user's guide.
4. Buyer and/or End User is solely responsible for and agrees to indemnify and hold OLN and/or any third party harmless from any legal liability arising out of or relating to Buyer's respective goods and services and any content accessible to its customers which Buyer places on the OLN website. Buyer represents and warrants that it holds the necessary rights to permit the use of its goods and services and that the sale and use thereof will not violate any criminal or common law, any statutory rights or any rights of any third parties, including, but not limited to, such violations as infringement or misappropriation of any copyright , patent, trademark, trade secret, music, image or other proprietary or property right, false advertising, unfair competition, defamation, invasion of privacy or right of celebrity, violation of any anti-discrimination law or regulation, violation of any state or federal decency or obscenity law or regulation or any right of any person or entity. Buyer agrees to defend, indemnify and hold harmless OLN, its successors, assigns, subsidiaries, agents, officers, directors, employees, attorneys, accountants, affiliates, distributors, and franchisees ("Releasees") from and against any and all liability, loss, damages, claims, or causes of action, lawsuits and expenses of any kind, including reasonable legal fees and expenses that may be incurred by OLN (including in-house attorneys' fees) in defending any such action , arising out of or related to Buyer's breach of any of the foregoing representations and warranties or any other terms and conditions in this Agreement.
5. Accordingly, except for any intellectual property rights Buyer may already have, Buyer acknowledges that it retains no exclusive copyright or intellectual property rights in the components used by OLN to create Buyer's Coupon(s) or in Buyer's completed Coupon(s). Should Buyer own any such trademark or other rights in its trade name, Buyer hereby grants OLN a non-exclusive worldwide license to market, display, license, distribute, reproduce, transmit, perform and promote Buyer's goods and services contained therein through the use of any of it's trademarks, trade names and service marks in connection with the OLN website.
6. OLN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AND OLN HEREBY SPECIFICALLY DISCLAIMS ANY AND ALL REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING BUYER'S SMS COUPON(S) AND/OR DISCOUNT CARD AD(S) PLACED ON THE OLN WEBSITE, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. BUYER ACKNOWLEDGES THAT OLN SPECIFICALLY DISCLAIMS ANY WARRANTY REGARDING (I) THE NUMBER OF PERSONS THAT WILL ACCESS BUYER'S COUPON(S); (II) ANY BENEFIT THAT BUYER MIGHT OBTAIN FROM INCLUDING BUYER'S COUPON(S) ON THE OLN WEBSITE; and (III) OR THE FUNCTIONALITY OF THE OLN WEBSITE.
7. UNDER NO CIRCUMSTANCES SHALL OLN BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY NATURE, EVEN IF SUCH PARTY SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES ARISING FROM THE USE OR INABILITY TO USE THE OLN WEBSITE OR THE USE OR INABILITY TO USE ANY OLN STANDARD RATE OR PREMIUM RATE SERVICES OR FROM ANY OTHER ASPECT OF THE RELATIONSHIP PROVIDED FOR BY THIS AGREEMENT, SUCH AS, BUT NOT LIMITED TO LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. OLN SHALL NOT BE LIABLE TO BUYER UNDER THE AGREEMENT FOR MORE THAN THE AMOUNTS PAID TO OLN BY BUYER HEREUNDER.
8. The parties to this Agreement are independent contractors. There is no relationship of agency, partnership, joint venture, employment or franchise between the parties in any way. Neither party nor its employees has the authority to bind or commit the other party in any way, or to incur any obligation on its behalf.
9. This Agreement, coupled with the Payment terms and conditions, sets forth the complete and exclusive agreement between the parties with respect to the subject matter hereof, and supersedes all prior oral and written understandings, communications or agreements not specifically incorporated herein. This Agreement may not be modified except in writing duly signed by Buyer and OLN.
10. This Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of Minnesota, without regard to its conflict of law provisions. Buyer hereby irrevocably consents to the exclusive jurisdiction of the courts of Hennepin County, Minnesota and the federal courts for the State of Minnesota connection with any action arising under this Agreement.
11. In the event any provision of this Agreement is held invalid by a court with jurisdiction over the parties to the Agreement, the remaining provisions of this Agreement shall remain in full force and effect.
12. We request your U.S. based mobile phone number and use it to distribute the coupons and offers that you have expressly requested to your mobile device via SMS and MMS message. Message and data rates may apply. We use your mobile phone number to provide the opportunity for you to redeem certain offers in accordance with the terms and conditions of said offer. We also provide an option for you to create an account and should you choose to create an account, your mobile phone number will be the login/username for your account. Creating an account is optional to you. Lastly, we use your mobile phone number as a tracking mechanism to allow you to share offer(s) with your friends on various social media platforms. When you share, you may be rewarded with a bonus offer however this is not guaranteed. You will see a preview of the bonus offer if one is available to you. When you are rewarded with a bonus offer, we will send you a text message (SMS or MMS) notifying you that you now have access to the bonus offer. Sharing on the various social media platforms is solely your choice and you are not required to do so. You may opt out of text messages (SMS/MMS) at any time by replying STOP to any message. Doing so will immediately stop any messages sent to your mobile phone, including bonus offer notifications.
13. You may request that your mobile phone number be deleted however we are legally required by law to keep a copy of all transactions for a period of 18 months from the last message sent or received on our platform. Should you request that your data be deleted, we will do so after the 18 month period expires.
14. OLN shall not be liable for delay or default in performance of its obligations under this Agreement if such delay or default is caused by conditions beyond its reasonable control, including, but not limited to, fire, floods, accidents, earthquakes, telecommunication line failure, storms, acts of war, riots, government interference, strikes and/or walk-outs.
15. Each party represents and warrants that (i) such party has the necessary right, power and authority to enter into this Agreement; and (ii) nothing contained in this Agreement or in such party's performance hereunder will place such party in breach of any other contract or agreement to which it is a party. If Buyer fails to abide by any of the above terms and conditions after initial approval of Buyer's Coupon(s) shall terminate this Agreement immediately and immediately remove Buyer's Coupon(s) from the OLN website. In that event, OLN shall not be obligated to provide any refund whatsoever of any monies buyer has paid following the initial approval of Buyer's copy.
16. UNDER NO CIRCUMSTANCES SHALL OLN BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY NATURE TO THE END USER OF THE OLN STANDARD RATE SERVICES. OLN ASSUMES NO RESPOSIBILITY AND SHALL BE HELD HARMLESS WITH REGARD TO ANY COST, LIABILITY, OR DAMAGES INCURRED BY ANY END USER OF THE OLN STANDARD RATE SERVICES.
For help, please call or email us at:
One Loyalty Network, Inc
DBA Instant Mobile Advertising Group
877-224-9175
support@oneloyaltynetwork.com