Terms & Conditions
HIGH ALITITUDE MARKETING, LLC
ACCOUNT HOLDER AGREEMENT

Effective Date: June 10, 2007

THESE TERMS AND CONDITIONS APPLY TO ALL SITES OWNED OR OPERATED BY HIGH ALITITUTE MARKETING, LLC (INDIVIDUALLY REFERRED TO AS A “SITE” AND COLLECTIVELY REFERRED TO AS THE “SITES”). THESE SITES INCLUDE, BUT ARE NOT LIMITED TO, WWW.MUSTHAVEFREEGIFTS.COM AND WWW.EYEONTHEPRIZEPROMOTIONS.COM.

PLEASE CHECK THIS PAGE FREQUENTLY FOR UPDATES. THE CURRENT VERSION OF THESE TERMS AND CONDITIONS APPLY EACH TIME YOU USE ANY SITES.

PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. THIS DOCUMENT CONTAINS A DISPUTE RESOLUTION CLAUSE.

This Account Holder Agreement ("Agreement"), is made by and between High Altitude Marketing, LLC ("High Altitude Marketing," "We," "Us," or "Our"), a Colorado limited liability company, and the person creating or attempting to create an account at any of the Sites ("Account Holder," "You," "Your" or "Yourself").

UPON YOUR CREATION OR ATTEMPTED CREATION OF AN ACCOUNT AT ANY SITE, YOU AGREE TO THESE TERMS AND CONDITIONS. PLEASE READ THESE TERMS CAREFULLY. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OR CONDITIONS, OR IF ANY OR ALL OF THE FOLLOWING ARE PROHIBITED WITHIN YOUR JURISDICTION, DO NOT ACCESS OR OTHERWISE USE THE SITE. YOUR ACCESS TO AND USE OF A SITE CONSTITUTE YOUR AGREEMENT TO ABIDE BY, AND UNDERSTANDING OF EACH OF THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU HAVE ANY QUESTIONS, VISIT THE "CONTACT US" SECTION OF THE SITE TO SUBMIT QUESTIONS TO OUR CUSTOMER SERVICE REPRESENTATIVES.

1. MANDATORY ARBITRATION. You understand and agree that all claims, disputes, or controversies between You and High Altitude Marketing and its parents, subsidiaries or related companies, 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 arbitrability, 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 arbitrator appointed in accordance with the said rules at a location in Denver, Colorado. Any controversy concerning whether a dispute is arbitrable shall be determined by the arbitrator and not by the court. Judgment upon any award rendered by the arbitrator 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 thereunder 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. THE PARTIES VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT THEY HAVE TO A JURY TRIAL.

2. STEPS TO PARTICIPATE

2.1 How to Sign Up. To sign up to receive a free gift from a Site, you must first submit Your email address. A confirmation email will be sent to the email address you entered to make sure it's both valid and from You. You must confirm your email address to activate your account and begin working toward your free gift. Your participation in the Sites and campaigns is subject to the following restrictions: offers completed in one account cannot be transferred or combined with offers completed in another account; repeated completions of the identical sponsored offers in one account or across multiple accounts will not count towards the redemption of multiple prizes (for example, you may not sign up for a Netflix subscription, cancel the Netflix subscription, and then sign up again for another Netflix subscription); there is a limit of one prize per person; there is a limit of one prize per physical address or IP address (meaning if multiple people at one physical address or IP address complete offers, only the first person completing the offers will be awarded a prize); and, You must initiate participation in a campaign through an e-mail or other advertisement that You received directly and that has been authorized by HAM (some HAM offers are being posted on message boards and other websites without authorization from HAM and You may not initiate participation in a campaign through these unauthorized postings). Any violation of any of the foregoing restrictions is against the terms and spirit of this agreement, and will result in a cancellation of your accounts and forfeiture of all credits earned in all accounts.

2.2 Accurate Information. In consideration of Your use of a Site, You agree to provide true, accurate, and current information about Yourself as prompted by the registration and other questions on such Site, and agree to promptly update such information in your account within the account section of the Site should it change or should additional information be required by High Altitude Marketing or applicable law. We reserve the right to request verification of, and You agree to be subject to verification of, any of the information provided by You for enrollment with and continued use of your account.

2.3 Refusal of Account. To the full extent allowed by applicable law, We, at Our sole discretion and for any or no reason, may refuse to accept any account application. Employees and others living in the same household as employees of (i) High Altitude Marketing or its parent company and its subsidiaries or (ii) affiliates and marketing partners of High Altitude Marketing are not eligible to participate in any Sites or offers.

2.4 Opt-In. By signing up on a Site, You are opting-in to receive offers and promotions via emails, telemarketing, text messaging and other forms of communication from us and third parties with whom we share your information. If You do not wish to receive these communications, You may opt-out at any time, by following the directions in the communication or within the account section of the Web Site; however, if you unsubscribe after we have shared your information with third parties, you may need to also unsubscribe with the third parties sending you offers and promotions. Please note that if you provide your cell phone number to us, you may incur charges from your cell phone provider for the receipt of calls or text messages sent by us or other third parties with whom we share your information, and you specifically agree and consent to receive such calls and text messages.

3. REQUIREMENTS FOR ACCOUNT HOLDER.

3.1 Requirements; Termination. To enroll in and create an account for use on a Site, You must meet the basic requirements listed below. We reserve the right to terminate the account(s) of anyone who fails to meet these requirements on an ongoing basis. If Your account(s) is terminated for any reason, Your account will be closed and its contents eliminated, and under no circumstances will You be allowed to redeem for a gift or collect other compensation or remuneration.

3.2 Age. By registering on a Site, You certify that You are eighteen (18) years of age or older.

3.3 Approved Locations. The offers on the Sites are currently available only in the United States of America. You must be physically located within the United States of America while using the Sites, 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 use of the Sites.

3.4 Inaccurate Information. If any information You provide is untrue, inaccurate, incomplete or not current, or if High Altitude Marketing has reasonable grounds to suspect that such information is untrue, inaccurate, incomplete or not current, High Altitude Marketing, at its sole discretion, has the right to suspend or terminate Your account(s) and refuse all current or future access to Sites and use of the account(s) or suspend or terminate any portion thereof. We are not responsible for lost credit for offers completed, payments, mail or communications due to Your failure to provide valid contact information or other accurate information.

3.5 Cookies. Members must have cookies enabled. Members must access Our Sponsors' sites (where offers may be completed) through our Sites. These conditions are mandatory so that the Sponsor will know that You used Our Site to reach the respective Sponsor's site. If You fail to follow these requirements, You may not receive credit for offers that You complete.

3.6 Accounts Are Non-Transferable. Your password and account(s) are personal to You and are not transferable. You may not allow anyone else to use Your password or account(s) or to receive credit for offers completed by You. You may not use anyone else's password or account(s) or act to accrue credit for anyone else's account. You are responsible for keeping Your account information secret. High Altitude Marketing will not be liable for losses that are incurred through the use of Your account by a third party or the disclosure of Your password or account information.

3.7 Etiquette. You shall not tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security, or proper function of any part of any Site. You shall not use robots, scripts, spiders, or crawlers or similar devices with the Sites. Violation by You will result in termination of all accounts, loss of all accrued credit for offers completed and being barring from future participation with any Sites. Any decision made by High Altitude Marketing relating to termination of any accounts in cases of suspected abuse or violation of its rules shall be final and binding.

3.8 Your Relationship To High Altitude Marketing. By providing the information to enroll in or maintain an account on a Site, You are applying to receive a service. Your relationship to High Altitude Marketing is one of an independent contractor and/or customer. No employee-employer relationship is created by Your use of the Site.

4. OFFER COMPLETION.

4.1 Number of Offers. The number of offers that you must complete to earn your gift is dependent on the prize level of the gift. In most cases, you are not required to complete any one specific offer to receive your gift. However, you must complete the number of offers assigned to the Prize Level of the gift you are working toward. Please note that offer completion reporting is not an immediate process. It can take anywhere between one day and several weeks for offer completions to be reported and updated in your account.

The level is dependent upon the value of the gift. For an example, please see the chart below. Please note that the chart below is only an example and there are additional prize levels beyond those shown.
Prize Level## of Offers needed to be completed to receive the free gift
Level 22 Offers
Level 33 Offers
Level 44 Offers
Level 55 Offers
Level 66 Offers

4.2 Credit Card Offers. If You choose a credit card offer to complete, You must apply for, get approved and activate that card by making a purchase, balance transfer or cash advance.

4.3 Other Offer Terms. You will not be given additional credit if You complete more than the required number of offers for the gift that you are working toward. If you complete a specific offer more than once, You will receive credit for only one (1) offer. Repeated completions of the identical sponsored offers will not count towards the redemption of multiple prizes and is against the terms of this agreement. We reserve the right to deduct or remove additional credit from Your account(s) if You do not comply with all applicable conditions. Violations may result in termination of Your account(s), loss of all credit, and being barred from future participation in any Sites or offers from High Altitude Marketing.

4.4 Time Periods. You will have 30 days from the time your account was created to activate your account and complete the proper amount of offers in order to receive your gift. Completing offers means taking all actions online and otherwise to complete an offer, except that actual activation and use of a credit card can be completed after the initial 30 day period and prior to 90 days following creation of your account. Your ability to order the gift is subject to our receipt of all tracking information from our advertising partners confirming the completion of their offer. Once all offers are completed and we have received all tracking information, you may then order your gift by logging into your account and clicking the Ship My Gift button. You must then enter all information necessary for shipping and click the submit button. If you have not ordered your prize within 90 days of the date of your account creation, your account will expire and be closed and you will forfeit all credit and the right to claim your gift.

4.5 Monitoring Your Account For Accrued Credits. You may view Your account status on the Site. The account information is updated as credit is accrued and tracking information is given to High Altitude Marketing. Following the completion of an offer, this process may take up to 30 days. Your patience is appreciated. If You have a question about Your account status, contact support@highaltitudemarketing.com.

4.6 Accounts Subject to Change. Accounts and credit are subject to adjustment for returns, cancellations, and other events. We can make these adjustments to accounts at Our sole discretion. If You disagree with the adjustments made, Your sole remedy is to cancel Your accounts.

5. REDEMPTION REQUIREMENTS.

5.1 Eligibility Requirements. Once all offers are completed in accordance with all of the terms and conditions herein and We have received all tracking information, You may then order your gift by logging into your account at the applicable Site and clicking the Ship My Gift button. You must then enter all information necessary for shipping and click the submit button. Timeframes of delivery for various gifts or any other instructions will be specified when the gift is ordered.

5.2 Redemption Time Limit. You must order your gift within 90 days of the date of Your account creation. If you fail to order your gift within this time period, your account will expire and be closed and you will forfeit all credit and the right to claim your gift.

5.3 Gifts In Excess Of $600.00. Should the value of Your gift exceed Six Hundred Dollars ($600.00), You will be provided with an IRS W-9 form which You must complete, sign and return to High Altitude Marketing to be eligible to receive such gift. High Altitude Marketing must have received Your completed and signed IRS W-9 form for IRS reporting purposes before it may award or send Your gift.

5.4 Shipment of Gifts. Once You have met all the eligibility requirements, High Altitude Marketing will award Your gift and ship it to the mailing address You provided.

6. GIFTS.

6.1 Fulfillment. We are responsible for all gift fulfillment. You agree not to contact Our Sponsors or companies producing the gifts regarding the status of any gift. In the event a gift is not received or arrives damaged or inoperable, contact High Altitude Marketing's customer service at support@highaltitudemarketing.com.

6.2 Substitution. High Altitude Marketing reserves the right to substitute any gift with another gift of equal or greater value such as a gift card or cash.

6.3 Physical Mailing Of Gifts. Currently, the only way to receive gifts from High Altitude Marketing is via the mailing address provided by You when you clicked the Ship My Gift button on the Site. High Altitude Marketing is not able to ship gifts to P.O. Boxes, therefore We require You to provide Us with a valid street address. In the future, We may initiate alternative methods of delivering gifts (e.g., issue a credit to a credit card). We reserve the right to charge a fee for continued mailing of gifts after that time.

6.4 Shipping And Processing Fees. High Altitude Marketing reserves the right to pass on shipping and processing fees to You following repeated unsuccessful attempts to deliver Your gift.

6.5 Cash Value. Unless otherwise stated, there is no cash redemption value for any type of credit, at any time or for any reason, upon termination or cancellation of Your account or at any other time.

6.6 Your Relationship With Sponsors. We do not warranty, guarantee, or insure the quality of any product or service offered by any of the Sponsors. Your relationship with Sponsors for whom We deliver offers on Our Site, including completion of offers, 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 Sponsor. You agree not to hold High Altitude Marketing 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 Sponsors through the Sites. When You complete offers, You may be providing information to the Sponsor on its web site, and You should review the terms and conditions and privacy policy applicable to that web site.

6.7 Inaccuracies/Typos. High Altitude Marketing is not responsible for typos or misprints contained within any of our Sites. We reserve the right to correct typos, errors and descriptions as needed to maintain accurate information. Under no circumstances will High Altitude Marketing be liable for misquoted content. All information and prices should be verified prior to final transactions.

7. INTELLECTUAL PROPERTY. You acknowledge and agree that (a) all text, pictures, graphics, logos, button items, images, works of authorship and other information and all revisions, modifications, and enhancements thereto on any of the Sites ("Content") is the copyrighted work of High Altitude Marketing or its third party content suppliers and is protected by copyright laws, (b) the domain names of the Sites, the logos used on the Sites, all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of High Altitude Marketing (collectively, "Marks"), and (c) all other trademarks, product names, company names or logos on the Sites are the property of their respective owners. In addition to agreeing to comply with all applicable laws, You agree You will not use any such Content or Marks from the Sites for any purpose without the appropriate prior written authorization.

8. TERMINATION AND CANCELLATION.

8.1 Termination. High Altitude Marketing, at Our sole discretion, may terminate any account without prior notice for any reason or no reason at all, including without limitation, for (a) any violation of any provision of this Agreement; (b) aiding in or promoting circumvention of the main purpose of the Sites to provide sponsors with genuine and legitimate leads for their products and services; (c) acting against Our business interests or reputation; or (d) otherwise acting unlawfully in relationship to High Altitude Marketing, any Sites or any offers on such Sites.

8.2 Loss of Credit. If We terminate an account for any reason, We may refuse to acknowledge some or all of the credit to the terminated account if such amounts were earned in violation, or after violation, of this Agreement or were otherwise unlawfully obtained by the account holder.

8.3 Cancellation. You may cancel Your account at anytime by visiting Our Customer Service page or by clicking on the Unsubscribe Link, in which case all credit in such account shall be forfeited and You will have no right to re-open that account. You may also email support@highaltitudemarketing.com if you have problems with the other two methods of opt-out.

8.4 End of Offers. We may cease making offers and/or the Sites at any time and for any reason, in Our sole discretion. Upon cessation of the offers or Sites, we will ship any gifts or rewards previously awarded, but all credits in Your account for which You have not yet become eligible for any gift or reward may be cancelled in Our discretion, or We may transfer such credit to any other offer or web site in Our discretion.

9. WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF THE SITES AND OFFERS THEREON IS AT YOUR SOLE RISK. THE SITES AND OFFERS THEREON ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM 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. WE MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH ANY SITES OR OFFERS THEREON OR ANY TRANSACTIONS ENTERED INTO THROUGH SUCH SITES.

10. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU UNDERSTAND AND AGREE THAT HIGH ALITITUDE MARKETING, INCLUDING HIGH ALITITUDE MARKETING'S PARTNERS, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, PARENTS, SUCCESSORS, AND THEIR SUPPLIERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS FEES, EXPENSES, AND COURT COSTS) RESULTING FROM YOUR BREACH OF THIS AGREEMENT, YOUR OMISSIONS, YOUR FAILURE TO ABIDE BY ALL APPLICABLE LAWS, RULES, OR REGULATIONS, OR IN ANY WAY CONNECTED TO YOUR ACCESS TO, USE OF, OR INABILITY TO USE THE SITES, OFFERS, PRODUCTS, ACCOUNT, MEMBERSHIP BENEFITS, CONTENT OR SOFTWARE, OR FROM YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE UPON ANY LINKED WEB SITE, EVEN IF HIGH ALITITUDE MARKETING, OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. SOME JURISDICTIONS EITHER DO NOT ALLOW OR PLACE RESTRICTIONS UPON THE EXCLUSION OR LIMITATION OF DAMAGES IN CERTAIN TYPES OF AGREEMENTS; FOR THESE JURISDICTIONS, THE AFOREMENTIONED LIMITATION ON LIABILITY SHALL BE TO THE MAXIMUM DEGREE PERMITTED BY APPLICABLE LAW. IF, NOTWITHSTANDING THE ABOVE, LIABILITY IS IMPOSED UPON HIGH ALITITUDE MARKETING, THEN YOU AGREE THAT HIGH ALITITUDE MARKETING'S TOTAL LIABILITY FOR ANY OR ALL YOUR LOSSES OR INJURIES FROM HIGH ALITITUDE MARKETING'S ACTS OR OMISSIONS, REGARDLESS OF THE NATURE OF THE LEGAL OR EQUITABLE CLAIMS ALLEGEDLY VIOLATED, SHALL NOT EXCEED THE VALUE OF ANY GIFT YOU EARNED THROUGH THIS SITE OR, IF YOU HAVE NOT EARNED A GIFT THROUGH THIS SITE, $300.

11. GOVERNING LAW AND OTHER TERMS.

11.1 Colorado Law and Jurisdiction. ANY ACTION RELATED TO THIS AGREEMENT WILL BE GOVERNED BY THE LAWS OF THE STATE OF COLORADO, WITHOUT REGARD TO CONFLICT OF LAWS RULES. Any action relating to this Agreement as permitted following the Mandatory Arbitration described above shall be brought in the state or federal courts located in Denver County, Colorado, and You hereby submit to the exclusive jurisdiction and venue thereof. You agree to comply with the laws of the State of Colorado and the United States of America that apply to the use of the Sites and the compensation You may receive. If the law of Your residence prohibits or limits Your participation in any Sites or offers, then You are responsible for complying with such laws and You agree to indemnify Us against any breach or violation.

11.2 Enforceability; No Assignment. 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 account(s) or other benefits You may receive to anyone. Any attempt by You to assign or delegate this Agreement shall be null and void. We may assign this Agreement at Our sole discretion.

11.3 Other Documents. This Agreement may NOT be altered, supplemented, or amended by the use of any other document(s) unless otherwise agreed to in a written agreement signed by High Altitude Marketing.

12. SECURITY.

12.1 Standard Procedures. To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, We have used appropriate industry standard procedures to protect the confidentiality of Your personal information, such as firewall, encryption, 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 completely secure. As a result, while We strive to protect Your personal information, We cannot guarantee the security of any information that You transmit to Us or from Our sponsors and You do so at Your own risk.

12.2 No Tampering. You agree not to tamper with the proper functioning and tracking of the Sites. Emulating or "faking" search usage and web site visits will lead to termination of Your account and may lead to legal action.

12.3 Unauthorized Use. ANY UNAUTHORIZED USE OR ENTRY INTO A HIGH ALITITUDE MARKETING SITE IS PUNISHABLE BY LAW, AND WILL BE PROSECUTED TO THE FULL EXTENT OF THAT LAW.

13. ENTIRE AGREEMENT. This Agreement, High Altitude Marketing's Privacy Policy, and other terms, conditions and policies High Altitude Marketing may post on the Sites constitute the entire Agreement between You and Us in connection with the Sites and offers thereon and supersede all prior agreements between the parties regarding the subject matter contained herein. This Agreement, the Privacy Policy, and other terms, conditions and policies High Altitude Marketing may post on the Sites shall be read to be mutually consistent wherever possible. In the event of any conflict, this Agreement and the Privacy Policy will control over the Sites. No failure of either party to exercise or enforce any of its rights under this Agreement will act as a waiver of such rights.

CONTACTING US. If You have questions about the Program, any offer, Sponsor, completion, gift, reward, Web Site or this Agreement, please contact support@highaltitudemarketing.com.

Also please read Our Privacy Policy.