LAST UPDATE: August 14th, 2023

Overview:

Afterglow Market, LLC’s (“AGM”) Balance Rewards Program allows customers to earn points on purchases, and through bonus rewards from customer engagement and promotional events. These Terms and Conditions dictate the operation of the AGM’s Rewards Program and the relationship between AGM and each Balance Rewards Member.

Membership:

To join the AGM Balance Rewards Program, new Members must set up an account using the Balance “widget” on the AGM website (www.afterglowmarket.com) and select the “Join Now” option. Members can also access the online sign-up page directly by using the QR code provided in-store or in other promotional material. Members must provide their first name, last name, and a valid email address. Members are also required to create a password to sign-in to their account online in the future. This allows them to view their point balance, apply points for discounts to online purchases, and earn bonus points through other customer engagements (i.e., following AGM on Instagram, receiving a birthday bonus, etc.) This password is not required to earn or redeem reward points in store.

Membership is free, and no initial purchase is required to become a member. Various incentives related to sign-up or customer engagement are available without mandatory purchases.

Program Details:

Earning Points: For every $1 spent on eligible products at AGM, members will earn 5 Balance points.

Redeeming Points: Balance points can be redeemed in increments of 500 points, equivalent to $5. These can be applied as discounts to purchases either online or in-store.

Other Terms:

Non-Transferability: Balance Points are non-transferable, and Members cannot share or combine them with other customer accounts.

Expiration: Balance points will not expire. However, should AGM cease operations, Members will be provided a 30-day notice via their registered email, allowing them to redeem their points either in-store or online. Any unused points after this 30-day period will be automatically forfeited.

Returns: If Members return orders that used Balance points for discounts, those points will be credited back to their accounts.

Modification & Termination: AGM reserves the right to change, suspend, or terminate the Balance Rewards Program at any time in its sole discretion. These Terms may be amended from time to time, and the most recent edition posted on the AGM website shall be controlling.

Privacy: All personal information collected by AGM is treated with the utmost care and will be used and stored according to AGM’s Privacy Policy.

Acceptance: Engaging in the Balance Rewards Program confirms the Member's acceptance of these Terms and Conditions.

Disclaimer on Tax Treatment of Reward Programs:

The structure of the AGM Balance Rewards Program is not designed to be taxable and is consistent with other reward program structures being offered by other businesses both in and outside of our industry. However, the tax implications of participating in reward programs can vary based on individual circumstances and the specific jurisdiction in which one resides. Meaning, while the rewards or points earned from our reward program may not be treated as income in some jurisdictions, they might be considered taxable in others. Additionally, any discounts or benefits obtained from redeeming such rewards or points could have tax consequences.

It's vital for participants to understand that AGM does not provide tax advice. For Members who may have concerns, we strongly recommend that all participants consult with a qualified tax professional to understand any potential tax liabilities or implications related to the earning or redemption of rewards points from our program.

Dispute Resolution and Governing Law:

Arbitration: Any dispute, claim, or controversy arising out of or relating to the AGM Balance Rewards Program, including the determination of the scope or applicability of these Terms and Conditions to arbitrate, shall be determined by arbitration in Indiana, before one arbitrator. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Both parties shall bear their own costs for the arbitration process, unless otherwise determined by the arbitrator.

Waiver of Class Action: Both the Member and AGM agree to resolve any disputes on an individual basis. Neither party will seek to have any dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity.

Governing Law: These Terms and Conditions, and the rights and obligations of the parties hereunder, shall be governed by and construed in accordance with the laws of the State of Indiana, without regard to its conflicts of law principles.

Venue: In the event that the arbitration clause is found not to apply to a dispute, both parties agree that any judicial proceeding will be brought in the federal or state courts located within Indiana. Both parties’ consent to the exclusive jurisdiction and venue of these courts.