PARTS REWARDS TERMS & CONDITIONS

 

Welcome to Nissan North America, Inc.’s (“Company”) Independent Repair Facility Parts Rewards Incentive Program (the “Program”)! The following sets forth certain rules, terms, and conditions applicable to your participation in the Program, including without limitation, the Terms of Use attached hereto. By enrolling or otherwise participating in the Program, you agree to all of the following. If you do not agree, you should not access or use the Program.

 

Enrollment

To enroll in this Program, you must enter your individual and shop information into the www.NissanUSAPartsRewards.com or www.infinitiusapartsrewards.com websites, as applicable. You are solely and exclusively responsible for submitting fully complete, accurate, and timely information, including without limitation, your name, email address, phone number, and mailing address, as well as information about your employer. Enrolled participants will be communicated with via email, which will include login information for access to the Program website. Only one (1) individual per each independent repair facility may enroll in the Program.

 

 

Geographic Restriction

The exportation, distribution, or sale of Company’s products (which includes, without limitation, Company’s parts) for resale in the United States or for resale or use outside the United States, is strictly prohibited. Any sale or promotion of a sale in violation of Nissan Company’s Export Policy is a material breach of your Individual Repair Center Agreement (or other similar agreement) and a material violation of this Program, which will subject the offending individual or applicable independent repair facility being immediately terminated from this Program and a forfeiture of all rewards.

 

Parts and Returns

Qualifying parts under the Program are limited to new genuine or original Company parts serviced through a participating dealership parts department. Any non-original part serviced through a dealership parts department would not qualify towards the Program. When a qualifying part is returned to a Nissan/INFINITI dealership, a "return invoice” will be created. The points for the otherwise qualified purchase will be deducted from your rewards balance on the next rewards statement. Returns will be designated as a negative number on your monthly statements. Company or its designee has the right to audit your and/or your employer’s records during normal business hours related to your participation in the Program, and if the results of such audit reveal any inaccurate, false, fraudulent, or other incorrect information that has been provided under this Program, you  and/or your employer shall be subject to disciplinary action, including without limitation, termination of your access to the Program and the requirement that you repay all rewards to Company.


TERMS OF USE


Please read these Terms of Use carefully before using the incentive program, its associated websites, and/or other materials offered by Nissan North America, Inc. (“Company”) and its suppliers (collectively, the “Program”) . By accessing or using this Program in any way, including without limitation, using any information, and/or submitting any content or personal information to Company, you agree to and are bound by the terms, conditions, policies and notices contained on this page (these “Terms”), including conducting this transaction electronically, disclaimers of warranties, damage and remedy exclusions and limitations, and a choice of Tennessee law.


1. Program Content

(a)     This Program is for your personal and noncommercial use. Except for any Third-Party Content (as defined hereinafter), all contents of this Program are: © Nissan North America, Inc. All rights reserved. NISSAN and the Company’s logos are trademarks of Nissan North America, Inc. and its affiliates. This Program contains copyrighted material, trademarks, service marks, trade dress and other proprietary content, including but not limited to text, software, sound, photographs, buttons, images, logos, video and graphics (the “Content”), and the entire selection, coordination, arrangement and “look and feel” of this Program and the Content are copyrighted as a collective work under United States and international copyright and other intellectual property laws. Neither these Terms nor your use of the Program transfers any right, title or interest in the Program or the Content to you, and Company and its third-party licensors and content providers retain all of its and their respective right, title and interest to the Program and Content.

(b)    Except as provided in these Terms, you may not use, modify, republish, frame, print, display, perform, reproduce, license, transfer, sell, assign, post, transmit, distribute, reverse engineer, create derivative works from, or otherwise exploit or use any Content or information from this Program, in whole or in part, without the express written permission from Company. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with this Program.

(c)     This Program is available in the U.S to anyone with Internet access. However, this Program may not be continuously available due to maintenance or repairs or due to computer problems or crashes, disruption in Internet service or other unforeseen circumstances. Further, a reference to a product or service on this Program does not imply that such product or service is or will be available in your location. The Content and use of this Program is intended for use and display only where its use and display are permissible in accordance with applicable laws and regulations.

(d)    Certain materials on this Program may be furnished by third parties. Certain company designations for companies other than Company may be mentioned in the Program for identification purposes only. Third-party trademarks, trade names, logos, product or services names contained on this Program, including lab tests and lab test names and identifiers, are the trademarks, registered or unregistered, of their respective owners.

(e)      Nothing contained in these Terms shall be construed as conferring any other license or right, express or implied, under any of Company’s intellectual property rights or under any third party's intellectual property rights. Any rights not expressly granted herein are reserved. 

(f)       Your use of the Program does not create a joint venture, partnership, agency, or employment relationship with Company. Company encourages you to exercise common sense and caution in your use of the Program.

 

2. User Conduct

By using this Program, including all Content and services available through it, you agree that you shall not:

 

(a)     delete, modify, hack or attempt to change or alter any of the Content on the Program or any related website or service;

(b)    use any device, software or routine intended to damage or otherwise interfere with the proper functioning of the Program, any related website, service, servers, and/or or networks connected or related to the Program, or take any other action that interferes with other parties' use of the Program;

(c)     use any robot, spider or other automatic or manual device or process for the purpose of harvesting, scraping, or compiling information from the Program for purposes other than for a generally available search engine;

(d)    use any Company names, service marks, or trademarks without our prior written consent, including without limitation as metatags, search engine keywords, or hidden text;

(e)     use any material or information, including without limitation, images or photographs, which are made available through this Program in any manner that infringes any copyright, trademark, patent, trade secret or other intellectual property or proprietary right of any party;

(f)      transmit files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;

(g)    create a false identity for the purpose of misleading others, breach any contractual or confidentiality obligations, violate the privacy rights of others; or

(h)    provide false information, impersonate another person or entity, or misrepresent your affiliation with any entity.

 

3. Permissible Use

Except as indicated to the contrary elsewhere on this Program, you may view, copy, retransmit and print the Content available on this Program subject to the following conditions:

 

(a)     the Content is used solely for personal, informational, or internal business purposes;

(b)    the Content is not provided, sold, licensed or leased (nor is access provided to the Content) to a third party for any fee or other consideration;

(c)     all copyright, trademark and other proprietary rights notices included in the Content as presented on this Program are reproduced on all permitted copies;

(d)    the Content is not modified or altered in any way; and

(e)     no graphics are used separately from accompanying text.

 

4. Modifications to Terms

Company may change these Terms from time to time at its sole discretion. Please review these Terms periodically for any updates or changes. Your continued use of this Program following the posting of any updates or changes to these Terms constitutes your acceptance of such changes. If you object to any provision of these Terms or any subsequent modifications to these Terms, your only recourse is to immediately terminate your use of and affiliation with the Program.


5. Termination of Program/Modifications to Program; Inquiries Regarding Access to the Program; Expiration of Rewards

Company reserves the right to modify or terminate your access to the Program (or portions of the Program) at any time, temporarily or permanently, with or without notice to you, and is not obligated to support or update the Program. Section 1, this Section 5 and 9-17 of these Terms shall survive any termination. Company may also impose limits on certain features and services, restrict your access to parts or all of this Program, or charge fees for access to portions of this Program without notice or liability. In the case of suspended participation, Company or Concentrix (defined below) may, in its sole discretion, "cash out" the remaining points by rounding up the points to the nearest $5.00 and provide you with a suitable award, in Company’s sole discretion. Notwithstanding the foregoing, you acknowledge and agree that Company will not be liable to you or any third party in the event that Company exercises its right to modify or terminate access to the Program or portions of the Program. If you have difficulty accessing the Program or need any other general support, please feel free to contact Company’s third-party provider of the Program, Concentrix Technologies Services (Canada) Limited (“Concentrix”), at 800-466-1810 or partsrewards@concentrix.com

 

For all digital reward activations, the following expiration terms will apply (subject to applicable law):

 

For all physical cards, the following expiration terms will apply (subject to applicable law):

 
6. Your Privacy

Company will treat any information it collects from you through this Program in accordance with its online Privacy Policy , located at https://www.nissanusa.com/privacy.html (the “Privacy Policy”), which is hereby incorporated by reference. Please review the Privacy Policy before you use this Program. If you are unwilling to accept the terms and conditions of the Privacy Policy, please do not use this Program.

 

7. Accounts and Passwords

In order to access certain features on this Program and to post content on this Program, you may be required to create an account. By setting up an account, you agree to provide Company with accurate and complete information. You are responsible for protecting and maintaining the secrecy of your username and password. Company will not be responsible or liable for any loss or damage that results from your failure to comply with this security obligation . You are solely responsible for any and all activities or actions that occur under your account, whether or not you have authorized such activities or actions. You agree to immediately notify Company of any unauthorized use of your username or password.

 

8. Other Programs, Third-Party Content

As a convenience to you, this Program may provide links to web sites and/or access to content, information, products and services of third parties, including without limitation, Company’s affiliates, clients, partners and other entities (“ Third-Party Content ”). You bear all risk associated with use of or reliance upon Third-Party Content. In some instances, the connection to Third-Party Content may consist of only a hyperlink (“Linked Programs”). You should refer to the separate terms of use, privacy policies, and other rules posted on Linked Programs before you use them. Company does not author, edit or monitor these Linked Programs, and is not responsible or liable for: (a) the availability of or content provided on such Linked Programs, nor does inclusion of any link imply endorsement of the Linked Programs by Company, or vice versa; (b) Third-Party Content accessible through such Linked Programs; (c) any loss or damage whatsoever you may incur from dealing with any Linked Program; or (d) your dealings with any third parties found on or through this Program, including your participation in promotions, the payment for and delivery of goods, if any, and any terms, conditions, warranties, or representations associated with such dealings. You bear all risk associated with the use of the Third-Party Content, Linked Programs, third-party services, and your correspondence or business dealings with entities other than Company found on or through this Program.

 

9.  1099s

Any rewards you receive under the Program may be deemed a taxable benefit under applicable law. You are required to provide all necessary information to Company and Concentrix in order for Concentrix to issue a 1099 to you (including without limitation, name, mailing address, and social security number), in accordance with applicable law, and must notify Company and Concentrix immediately of any changes to such information. You understand that Company and/or Concentrix will use such information to issue you a Form 1099 reporting the amount of incentive awards paid to you as part of the Program. You understand that submitting incorrect information to Company or Concentrix may submit you to IRS civil penalties. In addition, an incorrect social security number may prevent you from earning rewards and/or require Company or Concentrix to withhold and remint taxes to the IRS from future incentive reward payments. You will indemnify, defend, and hold Company and Concentrix harmless from and against any and all claims, fees (including reasonable attorneys’ fees), costs, demands, expenses, judgments, damages, and liabilities arising out of or related to your failure to provide fully complete, timely, and accurate information to Company and Concentrix, or otherwise arising out of this Section 9.

 

10. Typographical Errors

Our goal is to provide complete, accurate, and up-to-date information on our Program. Unfortunately, it is not possible to ensure that any website is completely free of human or technological errors. This Program may contain typographical mistakes, inaccuracies, or omissions, and some information may not be complete or current. Company therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.

 

11. Disclaimer

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE PROGRAM AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS AND SERVICES PROVIDED ON OR THROUGH THE PROGRAM, ARE PROVIDED ON AN “AS IS, WHERE IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. COMPANY AND ITS REPRESENTATIVES (AS DEFINED HEREIN) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, TIMELINESS, AND SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. COMPANY AND ITS REPRESENTATIVES MAKE NO WARRANTY, AND EXPRESSLY DISCLAIM ANY OBLIGATION, THAT: (A) THE PROGRAM WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (B) THE CONTENT OR THIRD-PARTY CONTENT OR ANY SUBMISSION WILL BE UP-TO-DATE, COMPLETE, COMPREHENSIVE OR ACCURATE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PROGRAM OR THE CONTENT CONTAINED THEREON; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE PROGRAM WILL MEET YOUR EXPECTATIONS; OR (E) THAT DEFECTS, IF ANY, CAN OR WILL BE CORRECTED.

 

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY, ITS AGENTS, EMPLOYEES, DIRECTORS, OFFICERS, SHAREHOLDERS, OR FROM ALL THIRD-PARTY SERVICE OR DATA PROVIDERS, LICENSORS, OR DISTRIBUTORS (COLLECTIVELY, “REPRESENTATIVES”) OR THROUGH THE PROGRAM SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

 

YOU UNDERSTAND AND AGREE THAT ANY CONTENT, THIRD-PARTY CONTENT, AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS PROGRAM IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR THE USE AND RESULTS OF THE PROGRAM AND SUCH CONTENT AND DATA.

 

THE PROGRAM IS DESIGNED FOR INFORMATION AND ENTERTAINMENT PURPOSES ONLY. ANY RELIANCE ON THE CONTENT AND/OR THIRD-PARTY CONTENT ON THIS SITE IS SOLELY AT YOUR OWN RISK. COMPANY AND ITS REPRESENTATIVES DO NOT PROVIDE TAX OR LEGAL ADVICE. YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL DECISIONS MADE WITH REGARD TO ANY USE OF ALL CONTENT, ALL THIRD-PARTY CONTENT, AND ALL OTHER INFORMATION AND MATERIALS OBTAINED OR OTHERWISE ASSESSED THROUGH THE PROGRAM.

 



 

12. Limitation of Liability

IN NO EVENT SHALL COMPANY OR ITS REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, INCREASED OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR USE, INCURRED BY YOU OR ANY THIRD-PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), ARISING FROM YOUR ACCESS TO, OR INABILITY TO ACCESS, OR USE OF THIS PROGRAM, THESE TERMS, OR ANY SERVICES PROVIDED IN CONNECTION WITH THE PROGRAM, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION ON LIABILITY APPLIES TO, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY DISABLING DEVICE OR VIRUSES WHICH MAY INFECT YOUR EQUIPMENT OR SYSTEM, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, UNAUTHORIZED ACCESS, THEFT, BODILY INJURY, PROPERTY DAMAGE, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. YOU ACKNOWLEDGES AND AGREE THAT YOU BEAR THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM AND THE USE AND TRANSMISSION OF ALL DATA YOU UPLOAD OR SUBMIT TO OR THROUGH THE PROGRAM. IF THE LIMITATIONS SET FORTH IN THIS SECTION 12 ARE HELD TO BE UNENFORCEABLE FOR ANY REASON, COMPANY’S LIABILITY FOR ANY TYPE OF DAMAGES SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY IN SOME CIRCUMSTANCES. CONSEQUENTLY, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.


13. Indemnity

You agree to indemnify, defend and hold Company and its Representatives, and its and their affiliates, shareholders, directors, officers, co-branders, subsidiaries, parents, employees and agents, and its and their respective successors and assigns harmless from any claim, demand, liability, dispute, damage, cost, expense, and/or loss, including attorneys' fees and costs of litigation, arising out of or in any way related to your use of or access to the Program, your use of the Content, including any use by your employees, these Terms or your violation of any rights of another.

 

14. Limitation on Actions Brought Against Company

You agree that any claim or cause of action by you arising out of these Terms or your use of the Program must be filed within one (1) year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by Company to enforce or exercise any provision of these Terms or related right shall not constitute a waiver of that right or provision.


15. Dispute Resolution

You agree that any dispute arising out of or relating in any way to your use of this Program requires that such claim be resolved exclusively by confidential binding arbitration except that, to the extent you have in any manner violated or threatened to violate Company’s intellectual property rights, Company may seek injunctive or other appropriate relief.  The arbitration shall be conducted before three (3) neutral arbitrators in Franklin, Tennessee, U.S.A., in accordance with the rules of the American Arbitration Association ("AAA"), as then in effect.  No claims of any other parties may be joined or otherwise combined in the arbitration proceeding.  Unless otherwise expressly required by applicable law, each party shall bear its own attorneys' fees without regard to which party is deemed the prevailing party in the arbitration proceeding.  Except for punitive and consequential damages (which may not be awarded), and subject to these Terms, the arbitrators shall be authorized to award either party any provisional or equitable remedy permitted by applicable law.  The parties shall equally share all AAA charges and fees associated with the arbitration.

 

BECAUSE THE USE OF THIS PROGRAM REQUIRES THE ARBITRATION OF ANY CLAIMS OR DISPUTES EXISTING BETWEEN THE PARTIES, NEITHER PARTY WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING.  THE ARBITRATORS' DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT EITHER PARTY WOULD HAVE IF SUCH PARTY WENT TO COURT, INCLUDING WITHOUT LIMITATION THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION.

 

The award of the arbitrators may be enforced in any court having jurisdiction thereof.  Each party hereby consents (a) to the non-exclusive jurisdiction of the courts of the State of Tennessee or to any federal Court located within the State of Tennessee for any action (i) to compel arbitration, (ii) to enforce any award of the arbitrators, or (iii) at any time prior to the qualification and appointment of the arbitrators, for temporary, interim or provisional equitable remedies, and (b) to service of process in any such action by registered mail or any other means provided by law.  Should this Section 15 be deemed invalid or otherwise unenforceable for any reason, it shall be severed and the parties agree that exclusive jurisdiction and venue for any claims will be in the state or federal courts in Franklin, Tennessee.

 

16. Acknowledgement

You hereby acknowledge and agree (a) that you have read and understood these Terms, and (b) that these Terms have the same force and effect as a signed agreement.

 

17. General

If any provision in these Terms is found by a court or arbitrator to be invalid, the parties agree that the court or arbitrator should give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms will remain in full force and effect. Company’s failure to act with respect to a breach by any visitor using the Program does not constitute a waiver of its right to act with respect to subsequent or similar breaches. These Terms will be governed by and construed in accordance with the laws of the State of Tennessee without regard to its choice of law provisions. In the event of any conflict between foreign laws, rules and regulations and those of the United States, the laws, rules and regulations of the United States will govern. Any dispute arising out of or related to the Program or these Terms shall be brought solely and exclusively in the applicable state or federal courts located in Williamson County, Tennessee. These Terms of Use and the Privacy Policy as posted from time to time by Company on this Program, and any modifications to the foregoing, constitute the entire agreement between the parties with regard to the subject matter in these Terms and supersede all prior understandings and agreements, whether written or oral, as to such subject matter. Your obligations under these Terms are personal to you, and you may not assign or transfer your rights or obligations under these Terms without the prior written consent of an unauthorized representative of Company.

 

18. Processing for IRF Rewards

The Customer’s invoice records must be of the enrolled IRF in Nissan or Infiniti, otherwise the record is not considered for Rewards calculation.

1)     Customer must be of a valid Department/Category who is selected as the Mechanical shop or been as a mechanical shop at-least once enrolled, otherwise the record is not consider for Rewards calculation.
2)     Invoices consideration. E.g. For Quarter 1. Reward points on 1st day of April by considering all the Invoice Closed Dates from 1-Jan-2019 to 31-Mar-2019, if the invoices received later in the April month with Invoice Closed Dates of Q1
3)     Mechanical IRF’s with $0 in parts purchases from any dealer/retailer are eligible to enroll immediately. The purchases from the Prior Quarter determine the growth qualifier for the current quarter which requires an IRF to have purchase history in order for the objective to be set for the following quarter. AN IRF with $0 in parts purchases for the prior quarter will have a growth qualifier of $1,250 in order to earn rewards
4)     If an IRF joins in Q2 with $0 in parts purchases in Q1, they will be eligible to redeem rewards after reaching the growth objective of $1,250 in Q2
5)     Quarters are determined based on Nissan’s Fiscal Year:

a.     Quarter 1: April 1 – June 30
b.     Quarter 2: July 1 – September 30
c.     Quarter 3: October 1 – December 31
d.     Quarter 4: January 1 – March 31
6)     Rewards Redemptions will conclude at 12:00 am cst on the 15th day
Tiers Previous 3 Month Total Purchases Current 3 Month Purchases Objective Total Current 3 Month Purchases Payout
Flat $ 1,500.00 $ 1,650.00 $1,650.00  N/A
Tier 1 (0 - 4.99%) $ 1,500.00 $ 1,650.00 $1,650.01 - $1,732.49 1% of Total Current 3 Month Purchases
Tier 2 (5 - 9.99%) $ 1,500.00 $ 1,650.00 $1,732.50 - $1,814.99 2% of Total Current 3 Month Purchases
Tier 3 (10% +) $ 1,500.00 $ 1,650.00 $1,815.00 + 3% of Total Current 3 Month Purchases

Note: