Affiliate Program Terms & Conditions
1. Terms and Conditions
You agree to these Terms and Conditions (the “Terms and Conditions”) when you purchase, use and/or accept a Forever Collectibles (“FOCO”) gift card at www.foco.com (a “Gift Card”). FOCO reserves the right to interpret, modify, change or terminate these Terms and Conditions without notice, from time to time at our sole discretion. The most recent Terms and Conditions will always be posted at foco.com.
2. Purchase and Use of Gift Cards
Gift Cards may only be purchased by residents of the United States or Canada. Gift Cards may be used to purchase FOCO products online at foco.com. You can use the Gift Card to pay for the full value or part of the value of your selected item(s).
We reserve the right to require additional verification of your identity before you are able to apply a Gift Card to your account or to a purchase. The Gift Cards may not be used towards the purchase of a Gift Card.
[You must enter the PIN number on the Gift Card to purchase merchandise.]
Gift Cards may be used as personal or business gifts, may not be used in connection with any marketing, advertising or other promotional activities (including without limitation, via website, internet advertisements, email, telemarketing, direct mail, newspaper and magazine advertisements, and radio and television broadcasts).
By purchasing, using or accepting a Gift Card, you are representing to FOCO that the activities in connection with which the Gift Cards will be used will comply with these Terms and Conditions and all applicable laws, rules and regulations.
3. Expiration and Fees
No service fees or expiration dates apply to the Gift Cards.
4. Value of Gift Cards
The maximum value of each Gift Card is $ 500 and the minimum value for Gift Cards is $ 25. A Gift Card can be used until the balance of the card is zero.
5. No Refund, Redemption or Resale
Gift Cards are not refundable or redeemable for cash. The Gift Cards may not be resold in any manner whatsoever.
To obtain a Gift Card balance, please have your gift card pin number available and go to www.foco.com.
7. Lost or Stolen
FOCO is not liable for a lost or stolen Gift Card or the use of your Gift Card by a third party. You are solely responsible for keeping the password associated with your Gift Card safe and for any activity conducted using your Gift Card.
8. Breach of Terms and Conditions
FOCO reserves the right, upon notice to you, to (a) void Gift Cards without a refund, (b) suspend or terminate customer accounts, (c) suspend or terminate your ability to use our services, and/or (d) cancel or limit orders, if we suspect that a Gift Card is obtained, used, or applied to a FOCO account fraudulently, or otherwise in violation of these Terms and Conditions or applicable law.
9. Limited Liability
TO THE FULL EXTENT PERMISSIBLE BY LAW, WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE GIFT CARDS, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE TO THE FULL EXTENT PERMISSIBLE BY LAW. IN THE EVENT A GIFT CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, WILL BE THE REPLACEMENT OF THAT GIFT CARD.
10. Dispute Resolution; Arbitration Agreement
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
You and FOCO agree that any dispute, claim or controversy arising out of or relating in any way to these Terms and Conditions or your use of the Gift Card, shall be determined by binding arbitration instead of in courts of general jurisdiction. Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and is subject to very limited review by courts. Arbitration allows for more limited discovery than in court, however, we agree to cooperate with each other to agree to reasonable discovery in light of the issues involved and amount of the claim. Arbitrators can award the same damages and relief that a court can award, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court, including without limitation, the law on punitive damages as applied by the United States Supreme Court.
YOU AGREE THAT, BY AGREEING TO THESE TERMS AND CONDITIONS, THE U.S. FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THIS PROVISION, AND THAT YOU AND FOCO ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
This arbitration provision shall survive termination of these Terms and Conditions and any other contractual relationship between you and FOCO.
If you desire to assert a claim against FOCO, and you therefore elect to seek arbitration, you must first send to FOCO, by certified mail, a written notice of your claim (“Notice”). The Notice to FOCO should be addressed to: Attn: Legal, Forever Collectibles, 2301 Cottontail Lane, Somerset, NJ 08873 (the “Notice Address”). If FOCO desires to assert a claim against you and therefore elects to seek arbitration, it will send, by certified mail, a written Notice to the most recent address we have on file or otherwise in our records for you. A Notice, whether sent by you or by FOCO, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (the “Demand”). If FOCO and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or FOCO may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by FOCO or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration from the American Arbitration Association at www.adr.org. If you are required to pay a filing fee, after FOCO receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for more than US $50,000. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms and Conditions, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by requesting them from us by writing to us at the Notice Address. The arbitrator is bound by the terms of these Terms and Conditions. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of these Terms and Conditions, including this arbitration agreement. Unless FOCO and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. (If you reside outside of the United States, any arbitration hearings will take place in your country of residence at a location reasonably convenient to you, but will remain subject to the AAA Rules including the AAA rules regarding the selection of an arbitrator). If your claim is for US $50,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US $50,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of FOCO’ last written settlement offer made before an arbitrator was selected (or if FOCO did not make a settlement offer before an arbitrator was selected), then FOCO will pay you the amount of the award or US $1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. Each party shall pay for its own costs and attorneys’ fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys’ fees, or if there is a written agreement providing for payment or recovery attorneys’ fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.
YOU AND FOCO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and FOCO agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
If this Agreement to Arbitrate provision is found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms and Conditions shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any claims will be in state or federal courts located in and for Somerset, New Jersey.
You agree to defend and indemnify FOCO and its subsidiaries and affiliates from and against any claims, expenses or liabilities made against or incurred by any of them in connection with your use of the Gift Cards or violation of these Terms and Conditions
12. Additional Terms
You agree that the laws of the State of New Jersey, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute that may arise between you and FOCO. All Terms and Conditions are applicable to the extent permitted by law. If any of these Terms and Conditions are deemed invalid, void, or for any reason unenforceable, that unenforceable term will be deemed severable and will not affect the validity and enforceability of any remaining Terms and Conditions.
14. Customer Service
Please direct any inquiries to www.foco.com or email us at CustomerCare@foco.com