Graphic Audio Loyalty Program

TERMS AND CONDITIONS
EFFECTIVE 8/8/2024

GraphicAudio offers Monthly Discount Levels & Loyalty Reward Points as a way of giving something back to our loyal customers!

You are automatically included in the reward points program when you create an account in our store.

These Terms and Conditions (the “Terms”) apply to your access to, and participation in, the Graphic Audio Loyalty Program (the “Program”), which is operated by Graphic Audio, LLC (“Graphic Audio”, “we”, “our” or “us”). By accessing or participating in the Program, you agree to be bound by these Terms and all terms incorporated by reference, including without limitation the Graphic Audio’s Terms of Service found at [LINK] (“Terms of Service”). All interpretations of these Terms regarding membership are at Graphic Audio’s sole discretion, and Graphic Audio’s decisions will be final. In the event of any discrepancy between the English version and any translated version of these Terms, the English language version will govern.

Eligibility

This Program is open only to individuals who are (i) current Graphic Audio customers; (ii) have registered with Graphic Audio and established a Graphic Audio account; (iii) are eighteen (18) years of age or older (or at least the age of majority in such individual’s jurisdiction if higher than 18), as of the time of enrollment; and (iv) have not previously had their participation in the Program terminated by Graphic Audio (“Participants”). The Program and all related benefits, offers, and awards (including without limitation Graphic Audio Points and Discount Rewards) are void where restricted or prohibited by law.

Earning Graphic Audio Points

The benefits that are available to you as a Participant in the Program are based on the number of reward points that you earn in the Program (“Graphic Audio Points”). Subject to these Terms, you can earn Graphic Audio Points by making certain purchases through Graphic Audio’s website at graphicaudio.net (the “Website”) as follows.

Earn 400 Graphic Audio Points for Each $1 of Qualifying Spend with Graphic Audio (excl. taxes, fees, chargebacks, returns and refunds). “Qualifying Spend” means the U.S. dollar amount charged and collected directly by Graphic Audio for purchases of Graphic Audio content through the Website for Participant’s personal use and excludes: (i) taxes, third party service fees, chargebacks, returns and refunds; and (ii) the redemption of any Discount Rewards. Graphic Audio Points will only be awarded after Graphic Audio receives payment in full for the Qualifying Spend.

Graphic Audio Points Terms

All dollar amounts are in U.S. dollars. Graphic Audio Points may not be purchased for cash. Cancellation of a purchase, chargebacks, failed payments, returns, refunds or other similar actions may reduce your Point total. All Point totals will be determined by Graphic Audio in its sole discretion. Graphic Audio Points earned under the Program are promotional in nature and have no cash value. Graphic Audio Points are not assignable or transferable (including by way of operation of law, e.g., inheritance or bankruptcy) and cannot be redeemed for cash or any cash equivalent, except as required by law. Participants may not barter or sell Graphic Audio Points.

Graphic Audio Points expire 365 days (12 months) after they are issued if they are not used.

You can see your total Graphic Audio Points earned when you log in to your Account on our Website (click REWARD POINTS on the Account Dashboard Menu). You can also receive email notifications each time your balance changes when you either earn, redeem or lose Graphic Audio Points, as well as Graphic Audio Points expiration notifications. If you do want to receive these emails, there is an Option located in the REWARD POINTS section of the MY ACCOUNT Area.

Redeeming Graphic Audio Points for Discount Rewards

Graphic Audio Points may be redeemed for discounts on certain content purchased on the Website (“Purchases”) made available through the Website (“Discount Reward”). 10,000 Graphic Audio Points are redeemable for a $1.00 USD discount on Purchases made through the Website (restrictions may apply).

We reserve the right to change the number of Graphic Audio Points required to obtain a Discount Reward at any time. Discount Rewards may only be applied to Purchases made on the Website. You understand and agree that the scope, variety, and type of Purchase to which a Discount Reward may be applied can change at any time in Graphic Audio’s sole discretion without notice to you. All Purchases are subject to availability and may be subject to blackouts.

Graphic Audio Points may be redeemed at the time you make a Purchase on the Website and deducted from your Graphic Audio Points balance. If you have accumulated enough Graphic Audio Points to redeem them, you will have the option of using the Discount Reward as one of the payment methods. The option to use a Discount Reward, as well as your balance, will be shown to you in the Payment Method area of the checkout. Participants control how and when they use their Graphic Audio Points on a transaction. Discount Rewards must not be used for commercial purposes. Participants are responsible for any taxes and fees associated with your Purchase. The Participant is solely responsible for all federal, state, local, or other applicable taxes associated with the acceptance and use of the Graphic Audio Points and Discount Rewards.

All transactions on the Website will be subject to Graphic Audio’s Terms of Service.

Additional Discount Rewards

In addition to Graphic Audio Points, as a Participant you are eligible for monthly level discounts (also a “Discount Reward”) as follows.

GOLD LEVEL:
If you spend $75.00 or more in a calendar month on Qualifying Purchases you will receive a 6% discount off all orders the following calendar month.
SILVER LEVEL:
If you spend $40.00 or more in a calendar month on Qualifying Purchases you will receive a 3% discount off all orders the following calendar month.

Eligibility for the Gold Level or Silver Level is based on your dollar spend in a month. If you reach the dollar spend threshold in one month, then you get to enjoy an extra discount on all purchases the following month. This is in addition, to the Graphic Audio Points you earn.

Discount Rewards Terms and Disclaimers

If Graphic Audio, in its sole discretion, believes redeemed Discount Rewards and applicable Purchases were bartered, exchanged, sold or fraudulently obtained, or obtained for someone other than Participant, such Discount Rewards will be void and not be honored. Discount Rewards must be used by Participant to make Purchases for themselves through their Graphic Audio account. Discount Rewards are not transferable.

Graphic Audio Points will be refunded (as Graphic Audio Points) in the event a Purchase made utilizing a Discount Reward is cancelled and otherwise qualifies for a full refund under the standard cancellation policies applicable to such Purchase (each, the “Standard Cancellation Policy”). In the event the Standard Cancellation Policy allows for a partial refund, (a) the number of Graphic Audio Points returned to your Graphic Audio account will be determined by Graphic Audio in its sole discretion, whose decisions are final and binding and (b) where a Discount Reward was combined with cash to make obtain a Purchase, Discount Reward will be assumed to be spent last and cash shall be refunded prior to Graphic Audio Points.

Modifications and Termination

Except as otherwise expressly prohibited or limited by applicable laws, Graphic Audio has the right in its sole discretion to change, limit, or modify the Program and to modify these Terms, with or without notice, even though such changes may affect the value of Graphic Audio Points or Discount Rewards, or your ability to obtain Discount Rewards. Graphic Audio may, among other things: (i) increase or decrease the number of Graphic Audio Points awarded for an action or for Qualifying Spend covered by the Program or that is required to redeem a Discount Reward; and (ii) change Program benefits, conditions of participation, rules for earning, redeeming, retaining or forfeiting Graphic Audio Points, or rules governing the use of Discount Rewards. In accumulating Graphic Audio Points, Participants may not rely upon the continued availability of any Purchase or Program benefit. Unless otherwise expressly provided, any changes or modifications will be effective immediately upon posting the revisions to Loyalty Program. You waive any right you may have to receive specific notice of such changes or modifications.

Without limiting the foregoing, Graphic Audio may terminate the Program with ninety (90) days' advance email notice to active Participants (as defined below) (using the email address on file associated with the Participants’ Program accounts). At Graphic Audio’s sole discretion, we may choose to substitute a similar loyalty program for the Program at any time immediately upon notice to active Participants. A Participant may not accumulate Graphic Audio Points or claim Discount Rewards or Program benefits after the termination of the Program. If the Program is terminated, all unredeemed Graphic Audio Points will be forfeited without any obligation or liability, and no Discount Reward claims will be honored after the conclusion of the notice period. Graphic Audio may terminate the availability of the Program in any jurisdiction on less than 90 days’ notice if required to do so by applicable law.

Cancellation

Cancellation by Participant. You may cancel your membership in the Program at any time by sending written notice of cancellation to [email protected]. All unredeemed Graphic Audio Points will be forfeited immediately and may not be reinstated or transferred.

Cancellation or Suspension by Graphic Audio. We may cancel your accumulated Graphic Audio Points or Discount Rewards redeemed, suspend Program benefits, or cancel your Program account at any time with immediate effect and without written notice, for any reason and in our sole discretion including, without limitation, if we believe you have:

Acted in a manner inconsistent with applicable laws, regulations, or ordinances;
Failed to pay any bill when due Qualifying Purchases;
Breached or violated any of these Terms or our Terms of Service; or
Engaged in any misconduct or wrongdoing in connection with the Program.

Collectively, the above shall be deemed “Participant’s Fault”. Subject to applicable law, your membership in the Program will terminate automatically if you file for bankruptcy or otherwise become subject to a bankruptcy proceeding. Graphic Audio’s cancellation of your Program membership will not limit our rights to exercise any other legal or equitable rights or remedies. In the event that your participation in the Program is terminated due to the reasons above, then all accumulated Graphic Audio Points in your account are deactivated and void.

Effect of Membership Cancellation

The Program, Graphic Audio Points, and other related benefits are Graphic Audio’s sole property and are not the property of Participants. On cancellation of membership in the Program for any reason, all unredeemed Graphic Audio Points and other related benefits will be forfeited and a Participant will no longer be able to participate in the Program. Graphic Audio Points and other related benefits and services have no cash value and Graphic Audio will not compensate or pay cash for any forfeited or unused Graphic Audio Points. Discount Rewards redeemed prior to the membership cancellation or Point expiration or cancellation, other than those Discount Rewards redeemed in connection with Participant’s Fault, are still valid, even if the Purchases are not yet fulfilled. If these Purchases are cancelled after the membership is cancelled or Graphic Audio Points expire or are cancelled, the applicable Graphic Audio Points redeemed for the applicable Discount Rewards will be forfeited and will not be returned to Participant.

If Graphic Audio cancels a Participant’s account for any reason, the Participant may not reapply for membership in the Program except in very limited circumstances at Graphic Audio’s sole discretion, and any unauthorized account opened in the Participant’s name following such cancellation, as well as Graphic Audio Points, Discount Rewards and other related benefits and services earned in that account will be forfeited upon discovery.

If a Participant cancels their Program account, the Participant may reapply for membership in the Program at a later date, but no Graphic Audio Points, Discount Rewards and other related benefits and services previously forfeited or expired will be reinstated. Such Graphic Audio Points and Discount Rewards will only be reinstated if such action was performed in error.

Disclaimers; Releases; Indemnification

Graphic Audio does not assume any liability or responsibility for, and by entering the Program you hereby waive and release Graphic Audio from, any actions, claims, damages, losses or injuries of any kind (collectively “Claims”) arising in connection with the Program and/or the receipt, failure to receive, use or misuse of any Graphic Audio Points or Discount Rewards, including without limitation, Claims relating to: (i) the malfunction of any computer, telephone, mobile device, network, satellite, hardware, software or communications line; (ii) unauthorized human intervention, including, without limitation, relating to the theft or unauthorized redemption of Points or Discount Rewards; (iii) incorrect, delayed or inaccurate transmission of, or notifications regarding, Graphic Audio Points or Discount Rewards, Point claims or other information or communications relating to the Program, or the failure to capture or transmit any such information; (iv) damage to any person’s computer or mobile device arising from participation in the Program; (v) any acts or omissions of third parties (including without limitation, Vendors) or (vi) any errors in these Terms or other errors published in relation to the Program, including, without limitation, any pricing or typographical errors, errors of description, and errors in the crediting or debiting of Graphic Audio Points or Discount Rewards from Participant’s accounts or Purchases. Graphic Audio reserves the right correct, without notice, any errors. As a condition of participating, you agree (and agree to confirm in writing if requested by GRAPHIC AUDIO): (a) to forever discharge, release, and hold harmless THE GRAPHIC AUDIO PARTIES from any and all claims, liabilities, injuries, losses, damages, causes of action, suits, and demands of any kind arising from or in connection with THE PROGRAM.

For California Residents Only: You hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

Miscellaneous

Any action arising out of or relating to these Terms or your participation in the Program must be commenced in the state or federal courts located in the State of Maryland, and you consent to the jurisdiction of those courts. Graphic Audio’s failure to enforce any term or condition of these Terms shall not constitute a waiver of that or any other provision. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced. Graphic Audio reserves the right to assign its obligations under these Terms in its sole discretion.

Please feel free to contact us by email at [email protected] or by phone at 1-800-670-5220 if you have any questions or concerns in connection with the Program and/or these Terms.