Date of Last Revision: December 10,
2009 CENTURY MEDIA METAL ARMY TERMS AND CONDITIONS
MetalArmyAmerica.com has teamed with CMDistro.com to form a program (“Program”)
that is an exciting way for you and your friends to enjoy the CMDistro Service (the
“Service”) and to support metal. Participating in the Program may provide you with
discounts on items purchased through the CMDistro Service, as well as Metal Army
Dollars. Metal Army Dollars may be used by you to purchase items through the CMDistro
Service or to obtain a pre-paid, non-reloadable, ATM/debit card that may be used
by you to purchase whatever you please for the amount of U.S. Dollars loaded onto
the card at any location that accepts pre-paid debit cards, or you may just use
it to withdraw cash at an ATM. If you choose to use your Metal Army Dollars to purchase
items through the Service, you may exchange your Metal Army Dollars for a personalized
“Metal Army Certificate.” This “Metal Army Certificate” is not transferrable to
other persons.
The Metal Army Terms and Conditions are subject to the CMDistro Terms of Service
Agreement (the “TERMS”), available at www.cmdistro.com/TermsOfService, including
without limitation the provisions therein regarding DISCLAIMERS, LIMITATION OF LIABILITY,
and RELEASE, as well as the CMDistro Privacy Policy, available at www.cmdistro.com/PrivacyPolicy.
How to Participate
You must be at least eighteen (18) years old to participate
in the Metal Army program. The program is void where prohibited.
There is no prior purchase necessary to participate in the Metal Army program. For
the first round of the program, a Army Code will only be distributed to the first
five hundred (500) people who request one, unless a person requests one after being
given another person’s Code, as described below. In order to participate, you must
register with the Service by creating a username. When you log into the Service,
you will be given the option of clicking on a link to “Join the Metal Army.” Upon
clicking on this link, if five hundred (500) Codes have not yet been distributed,
you will be provided with a Metal Army Code that will be uniquely connected to your
username, as well as a free gift, to be selected at our sole discretion.
If you provide your Metal Army Code to another person, and that person registers
with the Service, creates a username, and enters the Metal Army Code in the appropriate
space while placing orders through the Service, that person will receive ten percent
(10%) off discounts if the items he or she is purchasing are included in the Program.
If a particular item is included in the program, the Metal Army logo will be displayed
beneath the item on the Service. If the Metal Army logo is not displayed beneath
an item, the person will not receive a discount by entering your Metal Army Code.
In addition, for every item that is a part of the Program that a person purchases
with your Metal Army Code, you will receive ten percent (10%) of every actual U.S.
Dollar that person spends using your Army Code, less any applicable taxes and/or
shipping charges. This percentage will be credited to your personal account in Metal
Army Dollars. This will occur not only the first time the person purchases an item
using you Army Code, but each additional time as well, until we terminate the Program.
If you obtain one of the initial five hundred (500) Army Codes, each person that
you provide your Army Code to will also be able to obtain a Army Code of their own,
if they register with the Service, create a username, and enter your Army Code in
the appropriate space for requesting new Codes. No purchase will be necessary. Such
persons (hereinafter referred to as “Second Tiers”) may provide their Army Codes
to other persons (hereinafter referred to as “Third Tiers”), and those Third Tiers
will receive the ten percent (10%) off discounts described above. In addition, for
every item that is a part of the Program that a Third Tier purchases with the Army
Code of a Second Tier who initially obtained a Code by using your Code, the Second
Tier will receive ten percent (10%) of every actual U.S. Dollar that Third Tier
spends using that Army Code, less any applicable taxes and/or shipping charges,
and you will receive three percent (3%) of every actual U.S. Dollar that Third Tier
spends using that Army Code, less any applicable taxes and/or shipping charges.
Third Tiers may obtain their own Army Codes in the manner that Second Tiers obtain
them, and Third Tiers may pass their Codes on to other persons (hereinafter referred
to as “Fourth Tiers”). Those Fourth Tiers will receive the ten percent (10%) off
discounts described above. For every item that is a part of the Program that a Fourth
Tier purchases with the Army Code of a Third Tier who initially obtained a Code
by using the Code of a Second Tier that initially obtained a Army Code by using
your Code, the Third Tier will receive ten percent (10%) of every actual U.S. Dollar
that Fourth Tier spends using that Army Code, less any applicable taxes and/or shipping
charges, the Second Tier will receive three percent (3%) of every actual U.S. Dollar
that Fourth Tier spends using that Army Code, less any applicable taxes and/or shipping
charges, and you will receive two percent (2%) of every actual U.S. Dollar that
Fourth Tier spends using that Army Code, less any applicable taxes and/or shipping
charges. Fourth Tiers may obtain their own Army Codes in the manner that Third Tiers
obtain them, and Fourth Tiers may pass their Codes on to other persons (hereinafter
referred to as “Fifth Tiers”). Those Fifth Tiers will receive the ten percent (10%)
off discounts described above. For every item that is a part of the Program that
a Fifth Tier purchases with the Army Code of a Fourth Tier who initially obtained
a Code by using the Code of a Third Tier that initially obtained a Army Code by
using the Code of a Second Tier who initially obtained a Army Code by using your
Code, the Fourth Tier will receive ten percent (10%) of every actual U.S. Dollar
that Fifth Tier spends using that Army Code, less any applicable taxes and/or shipping
charges, the Third Tier will receive three percent (3%) of every actual U.S. Dollar
that Fifth Tier spends using that Army Code, less any applicable taxes and/or shipping
charges, the Second Tier will receive two percent (2%) of every actual U.S. Dollar
that Fifth Tier spends using that Army Code, less any applicable taxes and/or shipping
charges, and you will receive five percent (5%) of every actual U.S. Dollar that
Fifth Tier spends using that Army Code, less any applicable taxes and/or shipping
charges. Fifth Tiers may obtain their own Army Codes in the manner that Fourth Tiers
obtain them, and Fifth Tiers may pass their Codes on to other persons (hereinafter
referred to as “Sixth Tiers”), and those Fifth Tiers will receive the ten percent
(10%) off discounts described above. However, at this point, you will no longer
receive Metal Army Dollars in connection with the purchases of the Sixth Tiers.
Instead, the Second Tier who initially obtained a Army Code using your Code will
step into your shoes in the scenarios described above in this paragraph, the Third
Tier will step into the shoes of the Second Tier, the Fourth Tier will step into
the shoes of the Third Tier, and the Fifth Tier will step into the shoes of the
Fourth Tier, each receiving their respective percentages.
For more detail describing this process, please go to the Commision Chart.
For a video describing this process, please go to the About page and play video.
All percentages discussed herein will be received by all participants as Metal Army
Dollars, not actual U.S. Dollars. After earning Metal Army Dollars, you can use
them to purchase items through the Service with an exchange rate of one Century
Media Dollar to one U.S. Dollar. Again, the items must be included in the Program
for you to purchase the items using Metal Army Dollars. Also, Metal Army Dollars
cannot be used to pay shipping charges.
If you choose not to spend your Metal Army Dollars on items from the Service, you
may elect to receive instead a pre-paid, non-reloadable, ATM/debit card. The ATM/debit
card will be loaded with a number of U.S. Dollars based on an exchange rate of Metal
Army Dollars into U.S. Dollars posted on the Service at the time you request the
card, which rate shall be set by us at our sole discretion. However, at no time
will that rate as set by us be less than two to one (2/1). The ATM/debit card will
be usable for purchasing any item you select, for the amount of U.S. Dollars loaded
onto the card, at any location that accepts pre-paid debit cards.
Limitations and Prohibitions
You are permitted to have only one account eligible
to participate in the Program, and you may not create multiple usernames in order
to obtain multiple Army Codes. Doing so will be grounds for removal from the program.
You will not receive Metal Army Dollars if a person purchases an item with your
Metal Army Code, and then returns the item for a refund.
The Army Code discounts may not be used in conjunction with other discounts or promotions.
You will not earn Metal Army Dollars if you purchase an item using the Army Code
of any Second Tier that obtained its Code by using your Code, or if you use the
Code of any Third, Fourth or Fifth Tier that would normally provide you with Metal
Army Dollars. Instead, you will receive a ten percent (10%) discount.
Metal Army Dollars are not transferrable to other persons.
Pursuant to the TERMS, we may terminate the Service and/or the Program, at any time
with no notice to you and at our sole discretion. However, if you have earned Metal
Army Dollars at the time the Service is terminated that have not yet been spent,
we will make a method available to you to obtain a pre-paid, nonreloadable, ATM/debit
card for a period of at least sixty days. In such a case, if you fail to redeem
your Metal Army Dollars within that sixty-day period, those Metal Army Dollars will
expire.
Also pursuant to the TERMS, we may amend the Metal Army Terms and Conditions at
any time with no notice to you and at our sole discretion. You agree to periodically
review the controlling version of the Metal Army Terms and Conditions, and by attempting
to redeem any discount or Metal Army Dollars you will consent to the version that
controls at that time.
Information Sharing
BECAUSE PARTICIPANTS IN THE PROGRAM EARN METAL ARMY DOLLARS
WHEN OTHER PERSONS PURCHASE CERTAIN ITEMS THROUGH THE SERVICE USING THE PARTICIPANT’S
ARMY CODE, WE MAY, AT OUR SOLE DISCRETION, SHARE INFORMATION WITH A PARTICIPANT
REGARDING ITEMS PURCHASED BY OTHER PERSONS USING THAT PARTICIPANT’S ARMY CODE. ANY
PERSON WHO ENTERS A ARMY CODE WHEN PURCHASING AN ITEM THROUGH THE SERVICE CONSENTS
TO SUCH INFORMATION SHARING.