By participating in the DSI/Westbury Pro Rewards Program (“Program”), you agree to be bound by these Terms and conditions (“Terms”). Please read these Terms carefully.
As used in these Terms, “you” or “your” means each Westbury Pro Rewards Member and “we” or “us” means Digger Specialties, Inc. (“DSI”)
1.0 Eligibility and enrollment for Westbury Pro Rewards program
1.1 Eligibility. You are eligible to participate in the Westbury Pro Rewards program if you: (a) reside in the fifty (50) United States and the District of Columbia; (b) are a Westbury Pro Reward member; (c) your Westbury Pro Rewards account is active and in good standing as described in Section 4.2. and (d) the contractor/remodeler/builder company that you work for is appropriately licensed, if your state, county, and local government requires a license or registering with them. We reserve the right to determine, in our sole discretion, whether you are eligible for participation in the program.
1.2 Enrollment. All enrollees must be vetted by an authorized DSI representative. If approved you will become a Westbury Pro Rewards Member with us, and you will be enrolled in the Program at no cost. The contractor/remodeler/builder company that you work for as indicated in your enrollment form (the, or your “Company”) will begin accumulating cash back rewards, after your account has been approved, as set out in Section 2.0 (the “Cash Back”) automatically upon your first Purchase, as defined in Section 3.1, by purchasing participating DSI Products. If your application for enrollment is denied a letter will be sent to you from DSI.
Once you are enrolled in the program, you can access your program information via your Westbury Pro Rewards Account or by contacting us as described in Section 10.0. There is no fee for participation in the program.
1.3 Changes to eligibility or enrollment and disqualification. We may, at any time and in our sole discretion, change the eligibility or enrollment requirements for participation in the Westbury Pro Rewards Cash Back program. We may also suspend or disqualify your participation in the Program if your account is no longer active or in good standing, as described in Section 4.2.
We will advise of any changes to the Westbury Pro Rewards program by posting revised terms and conditions to our website. Such changes will go into effect upon posting.
2.0 Earning Westbury Pro Rewards Cash Back
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CASHBACK AMOUNT |
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TWO PURCHASE REWARD LEVELS BASED ON WESTBURY PURCHASES |
SELECT PROS |
CERTIFIED MASTER PROs |
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*Platinum Level: |
2% |
3% |
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*Diamond Level: Certified Master Pros (only) – applicable after annual purchases over US$75,000 |
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4% |
Your Company will earn the above Cash Back on Purchases, as defined in Section 3.1, while your Westbury Pro Rewards account is in good standing. There is no limit to the amount of Cash Back your Company can earn.
After the close of each calendar quarter, we will mail a check for all accumulated Cash Back amounts to your Company within two (2) to four (4) weeks. .
3.0 How Cash Back is earned
3.1 Purchases. Your Company earns Westbury Pro Rewards Cash Back when you purchase participating DSI products as set out on https://westburyprorewards.com/en/Member/Products, excluding items that are subsequently subject to a refund, credit, or dispute (collectively “Purchases”).
Purchases do not include: Any DSI product not listed under the Qualifying Products section and products used for Commercial (IBC) installations.
Cash Back that has been awarded may be deducted after awarded, if Purchases are subsequently subject to a refund, credit, or dispute, as described in Section 3.3.
Upon completing the Purchase, upload receipt of the Purchase to https://www.westburyprorewards.com/. You can log into your account and can upload the following item evidencing the Purchase transaction: an image of the entire Purchase receipt that clearly identifies the retailer, date of Purchase, and the participating DSI product Purchased.
3.2 Cash Back. Cash Back is not earned by your Company until it appears on your Company’s account balance. Cash Back on Purchases will accumulate and be paid automatically, on a per calendar quarter basis, through a check sent to your Company. You may not transfer Cash Back to another account, even if the other account is in your name.
3.3 Reductions or withholding of Cash Back. Your Company’s Cash Back earnings will be reduced by (a) any returns or credits; (b) any Purchase that becomes the subject of a dispute, unless and until final resolution of the dispute results in a debit to your Westbury Pro Rewards Account; and (c) forfeitures resulting from account closure or disqualification as described in Sections 3.6 and 4.3, or other conditions as noted below. If you received Cash Back that, based upon such a reduction, you were not entitled to receive, DSI has the right to withhold the applicable amount of your subsequent Cash Back earned in order to cover the correct amount of Cash Back. Any returns, credits, or disputes related to purchases will result in a reduction to your Cash Back balance and may result in a negative Cash Back balance.
3.4 Reporting errors. It is your Company’s responsibility to regularly monitor the account to ensure that their Westbury Pro Rewards Cash Back balances are proper and accurate. The Company must timely report any suspected improper, unauthorized and/or inaccurate activity on the Westbury Pro Rewards account. Timely means not more than 60 days after Cash Back check is sent. DSI is not liable for any error after that time period.
After 60 days, your Company’s Cash Back account will be deemed accurate. We reserve the right to retroactively correct errors made to your account.
3.5 Taxes. Cash Back earnings may be subject to income or other taxes. Any applicable local, state, or federal tax obligations related to your participation in the program are your responsibility. Please consult your tax advisor concerning any such income or other tax consequences. DSI is not responsible for providing any type of tax forms to report your company’s rebate income.
3.6 Audit. DSI reserves the right to audit the Westbury Pro Rewards account for compliance with these Terms. In the event an audit reveals any errors or discrepancies, we may suspend your participation in the program until such errors or discrepancies are resolved.
DSI reserves the right to disqualify any program participant from the program and to close their Westbury Pro Rewards account as described in Section 4.3 if, in our sole discretion, we determine that your account is not in good standing, you have provided false information, or you have violated any of the terms and conditions of these Terms or the program, including but not limited to fraud.
4.0 DSI Westbury Pro Rewards account status
4.1 Termination of eligibility. If your Westbury Pro Rewards account is not in good standing or is closed, whether closed by you or by us, you will no longer be eligible for Cash Back. In that event, you will not earn future Cash Back and you will forfeit any accumulated Cash Back not yet deposited.
4.2 Good standing. An account is in good standing if: (a) you have an active Westbury Pro Rewards Account and have not violated any provision of these Terms; (b) your active Westbury Pro Rewards account has a positive account balance; and (c) you have not been disqualified.
4.3 Disqualification. We reserve the right to disqualify or remove any person or account from participation in the Westbury Pro Rewards Cash Back program and to close their Westbury Pro Rewards account if it is determined that any account holder has provided false or misleading information or violated any of the terms and conditions of the Westbury Pro Rewards Account Agreement, or these Terms, including but not limited to fraud. Such disqualification may be temporary or permanent and may result in the forfeiture of any accumulated Cash Back.
DSI reserves the sole discretion to interpret and apply the policies and procedures communicated in these Terms and all determinations by us will be final. If disqualification occurs, any accumulated Cash Back will be forfeited. You are not entitled to compensation from DSI or any other entity if your Cash Back accumulations are forfeited for any reason.
5.0 Other agreements
5.1 Other terms incorporated. The terms of the DSI Privacy Policy and Terms of Service are incorporated into these Terms.
5.2 Conflict. In the event of a conflict between these Terms and other incorporated terms contained in the DSI Privacy Policy and Terms of Service, the latter will govern except with regard in any matter specifically relating to the Cash Back program or arbitration requirements.
6.0 Modification of Terms and Conditions
DSI may, in our sole discretion, amend, delete, or add to these Terms and change or limit any aspect of the program and its restrictions, benefits or features, in whole or in part. Such changes may be retroactive as allowed by applicable law. Changes may include, but are not limited to, eligibility or enrollment criteria, the amount, number, or type of Purchases required to earn Cash Back, the duration or availability of the program, the imposition of an annual program membership fee or other fees, the amount, number, or type of Cash Back or other reward that may be earned or purchased. Your accumulation of Cash Back does not give you vested rights in the program, and you may not rely upon its continued availability.
We reserve the right to change the DSI Cash Back program Terms and Condition with or without prior notice (except where required by law). If we make any modifications to these Terms, DSI will post revised Terms and Conditions on its website, along with the effective date of the modifications. We may, but are not required to, also deliver notices of such changes electronically, by emailing or posting notice to your DSI account. It is your responsibility to review any revised Terms and Conditions.
7.0 Miscellaneous
7.1 Governing law. These Terms will be governed by and construed in accordance with the laws of the State of Indiana, without reference to conflict of laws principles. Except for actions for injunctive relief, any legal action brought under or in conjunction with this program must be brought in a federal or state court of appropriate jurisdiction in the State of Indiana and venue will be proper in that court.
7.2 Disclaimer of liability. DSI and its respective affiliates, directors, officers, employees, agents, or contractors make no representations or warranties, either express or implied, including those of merchantability, fitness, or intended use or a particular purpose and otherwise arising by law, custom, usage, trade practice, course of dealing or course of performance.
You release DSI, its program partners, third party service providers, and their respective affiliates, directors, officers, employees, agents, or contractors for all activity in connection with the program, including but not limited to use, implementation, or operation of the program.
7.3 Indemnification. You agree to indemnify DSI, its program partners, third party providers, and their respective affiliates, directors, officers, employees, agents or contractors, and hold them harmless from and against any loss, damage, liability, cost or expense of any kind (including attorneys’ fees) arising from you or an authorized user’s use of the program, any fraud, unauthorized use or misuse of the program, violation of these Terms, or violation of any applicable law or the rights of any third party.
7.4 Assignment. DSI may assign its rights under these Terms to a third party, who will then be entitled to any rights that we assign to them. You may not assign or transfer any right or obligation under these Terms without our prior written consent; any purported assignment violating the foregoing will be null and void.
7.5 Unenforceability. If any provision of the Cash Back program or these Terms are found by a court of competent jurisdiction or an arbitrator to be unenforceable or invalid, the unenforceability or invalidity will not render the program or these Terms unenforceable or
invalid as a whole; rather, they will be construed as if not containing the particular invalid or unenforceable provision or portion thereof, and the rights and obligations the parties will be construed and enforced accordingly.
7.6 Jury trial waiver. TO THE EXTENT PERMITTED BY APPLICABLE LAW, FOR ANY MATTERS NOT SUBMITTED TO ARBITRATION, YOU AND
DSI HEREBY KNOWINGLY, VOLUNTARILY, INTENTIONALLY, AND IRREVOCABLY WAIVES THE RIGHT TO A TRIAL BY JURY
WITH RESPECT TO ANY LITIGATION ARISING OUT OF THIS REWARDS AGREEMENT OR ANY OTHER DISPUTE OR CONTROVERSY
BETWEEN YOU AND US.
7.7 Class action waiver. TO THE EXTENT PERMITTED BY APPLICABLE LAW, FOR ANY MATTERS NOT SUBMITTED TO ARBITRATION, YOU AND DSI HEREBY AGREE THAT ANY LITIGATION ARISING OUT OF THESE TERMS, RELATING TO THE PROGRAM OR ANY OTHER DISPUTE OR CONTROVERSY BETWEEN YOU AND US WILL PROCEED ON AN INDIVIDUAL BASIS AND WILL NOT PROCEED AS PART OF A CLASS ACTION AND THAT YOU AND DSI HEREBY KNOWINGLY, VOLUNTARILY, INTENTIONALLY AND IRREVOCABLY WAIVE ANY RIGHT TO PROCEED IN A CLASS ACTION OR TO SERVE AS A CLASS REPRESENTATIVE.
7.8 Entire agreement. These Terms, as modified from time to time, constitute the entire agreement between you and DSI and supersedes any prior negotiation or understanding between us concerning the subject matter of the Cash Back program. Section headings are for convenience only and are to be disregarded when interpreting these Terms.
DSI may enforce the terms of these Terms at any time and may delay enforcement without losing its right to enforce the program Terms at a later time. No course of dealing or usage of trade will be used to modify these Terms.
8.0 Privacy
All information collected about you in connection with the program is subject to our Privacy Policy.
9.0 Arbitration agreement.
9.1 Mandatory arbitration. You and DSI agree that any claim, controversy, or dispute arising out of or relating to these Terms, or the breach, enforcement, interpretation, termination, or validity of these Terms, or use of the Cash Back program (collectively “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative, or consolidated action or proceeding, except that you and DSI retain the right to: (a) bring an individual action in small claims court if it qualifies; and (b) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent (or enjoin) the infringement or misappropriation of a party’s patent, copyright, trademark, trade secret, or other intellectual property rights (hereinafter an “IP Protection Action”).
9.2 Arbitration rules. The arbitration will be administered by the AMERICAN ARBITRATION ASSOCIATION (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplemental Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are currently available at www.ADR.org/ARB_MED or by calling the AAA at 800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
9.3 Arbitration process. A party who desires to initiate arbitration must provide the other party with a written demand for arbitration as specified in the AAA Rules. (The AAA provides a general demand for arbitration and a separate demand for arbitration for California residents, each at www.adr.org). The parties agree that the arbitrator will have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability, and scope of this “Dispute Resolution” section, and will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within ten (10) days of delivery of the demand for arbitration, then either party may request that the AAA appoint the arbitrator in accordance with AAA Rules.
9.4 Arbitration location and procedures. Unless you and DSI otherwise agree, the arbitration will be conducted in the county or state where you reside. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
9.5 Arbitration fees. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules, and we won’t seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration, we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration, you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
9.6 Injunctive and declaratory relief. Except as provided in “Arbitration of Disputes” section above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and 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. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
9.7 Severability. With the exception of any of the provisions in Section 7.7 of these Terms (“Class action waiver”), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.