Important note: These program terms are subject to the jury trial waiver and arbitration provision in your credit card account agreement that limit our liability to you, eliminate your right to a trial by jury, require you to resolve disputes with us on an individual basis and not as a part of any class or representative action, and through final and binding arbitration.
Please read these Program Terms carefully for important information about your rights and obligations in the Comenity Rewards Program ("Program"). By participating in the Program, you agree to these Program Terms.
The Program is provided by Comenity Bank ("Bank"). The Bank is solely responsible for Program operation and may withdraw the Program or change the terms of the Program at any time. The purpose of the Program is to reward customers for certain uses of their Comenity® Mastercard® Credit Card ("Card".) The Program Terms may be supplemented with additional terms, conditions, and disclosures, including but not limited to applicable terms related to any promotional offers provided to you for use with the Program.
For the most up-to-date terms, please visit comenity.net/comenitycard
General Information
The Program allows you to earn Cash Back Rewards ("Cash Back") on the amount you spend, as described in the "Earning Cash Back" section below, using your Comenity® Mastercard® Credit Card Account (your "Account"). You can then redeem Cash Back through Account Center at comenity.net/comenitycard ("Account Center").
These Program Terms are separate from your Comenity® Mastercard® Credit Card Account Agreement (your "Account Agreement"), which governs the use of your Account. In the event of any conflict between these Program Terms and your Account Agreement, these Program Terms will control in any matter relating to the Program. By using your Account, you agree to be bound by these Program Terms.
All information collected about you in connection with the Program is subject to the Bank's privacy policy, which can be obtained at comenity.net/comenitycard/common/privacy/PrivacyLanding.xhtml
Earning Cash Back
You will earn Cash Back when you, or an authorized user, make eligible purchases of goods and services for personal, family and household purposes using your Account, minus any returns, refunds or credit adjustments ("Net Eligible Purchases").
Reward earn is rounded to the nearest whole cent value using standard rounding. Earning calculations that end in .005 will round up to the next cent. For example, earn calculated to $0.205 will round to $0.21. All calculations that result in less than .005 will round down. For example, calculated earn of $0.204 would round to $0.20.
Using your Comenity® Mastercard® Credit Card, you will earn:
Cash Back may not be sold, transferred or altered in any way by you. Cash back you earn may not be combined with cash back earned on any other credit account or earned by anyone else (other than your Authorized User). You may review your cash back balance via Account Center. It may take up to two billing cycles for cash back to post. The amount of cash back earned is based on the date your purchase was made, which may be different than the date the transaction is posted to your Account. For mail order, special order, online, and other purchases, your transaction may not be posted to your Account until items have shipped. Cash back is not earned on: purchases using any type of promotional financing, unauthorized or fraudulent charges, charges that violate the terms of your Account Agreement, balance transfers, cash advances, transactions treated similar to cash advances, interest charges, cash equivalents, person to person, and fees of any kind. Once redeemed, cash back redemptions may take up to 6 business days to post to your account. Cash back lowers the account balance and does not count towards your minimum monthly payment. Your minimum monthly payment will still be required if your statement credit is not equal to your statement balance due. Once you request cash back, your request cannot be changed or returned.
The Bank may temporarily prohibit you from earning Cash Back, using Cash Back, or using any features of the Program if: your Account becomes delinquent; Comenity Bank suspects that you or any authorized user has engaged in fraudulent activity related to your Account or the Program; or suspects that you misused the Program in any way.
Cash Back awarded for purchases that do not remain Net Eligible Purchases will be deducted from your Cash Back balance. Returned items may result in credits being applied to your Account, which will reduce or may eliminate accumulated Cash Back and may result in a negative Cash Back balance. If your Cash Back balance goes negative, you must first earn Cash Back to bring your Cash Back balance to zero before earning any Cash Back eligible for redemption. The Bank reserves the right to verify and adjust Cash Back, as applicable, at any time.
Bonus Cash Back for Special Offers
From time to time, the Bank may make bonus offers to earn additional Cash Back ("Bonus Cash Back"). Read each offer carefully, as there may be important conditions or limitations, such as blackout periods, Bonus Cash Back limits, or exclusions. You may have to register to qualify for the offer. The Bank may change or withdraw an offer at any time without notice. Any such change or withdrawal will not affect Bonus Cash Back already earned. Certain offers may only be communicated via email. Tax and shipping charges are excluded from specials offers and bonuses.
Reward Merchant Classification Codes
Merchants who accept Mastercard are assigned a merchant classification code ("MCC"), which is determined by the merchant or its processor in accordance with Mastercard procedures based on the products and/or services they primarily sell. Comenity Bank does not control the assignment of these codes and is not responsible for incorrectly coded purchases. Even though a merchant or some of the items it sells may appear to fit within a certain rewards category, the merchant may not have a code in that category. Purchases made with third-party payment accounts, including but not limited to PayPal and Venmo, will not earn additional Cash Back.
Opt-In Offers
From time to time, the Bank may make special offers to earn additional Cash Back, which require you to opt in to the special offer to earn the Cash Back ("Opt In Offers"). Opt In Offers must be opted into before Cash Back is earned, and earnings are not retroactive prior to opting in. You may select Opt In Offers in Account Center at comenity.net/comenitycard when available. Opt In Offers will typically have earning criteria and time frames.
Expiration
Important note: Cash Back will not expire after the date that it is posted to your Cash Back balance; however, it will be subject to the terms described in the Termination and Forfeiture section.
Termination and Forfeiture
Important note: Subject to any requirements or limitations of applicable law, the Bank may at any time for any reason change or terminate the Program and these Program Terms without notice.
The Bank reserves the right to terminate you from the Program. If the Program terminates, the Bank terminates you from participating in the Program, or you voluntarily cancel enrollment in the Program, all Cash Back will be forfeited.
Cash Back will be forfeited if any of the following occur: your Account is closed; you terminate your participation in the Program; you or any authorized user engages in any fraudulent activity or misuse related to your Account or the Program, or engage in any activity deemed to be abusive or gaming conduct, as determined by the Bank. Misuse includes, but is not limited to, obtaining or using an Account to maximize Cash Back earned in a manner that is not consistent with typical consumer activity as determined in the Bank's sole discretion.
Issuing Rewards and Redemption
You may redeem Cash Back on Account Center at comenity.net/comenitycard. Cash Back will be redeemed on a "first in, first out" basis, such that the first Cash Back earned will be the first Cash Back redeemed. Once you've redeemed Cash Back for a statement credit your Cash Back balance will be reduced by the number of Cash Back used to obtain the statement credit and will appear on Account Center. Rewards are issued for reward purposes only.
Redeeming Cash Back for Statement Credits
You may redeem Cash Back as a credit to your Account. The amount available to redeem, starting at 1 penny ($0.01), is based on your rewards balance.
Once redeemed, statement credit redemptions may take up to 6 business days to post to your account. Statement credits lower the account balance and do not count towards your minimum monthly payment. Your minimum monthly payment will still be required if your statement credit is not equal to your statement balance due. Once you request a Statement Credit, your request cannot be changed or returned. Important Notice: Statement credits are only available up to the current balance on your account.
Other Terms
Cash Back may not be sold, transferred or altered in any way by you. Cash Back you earn may not be combined with Cash Back earned on any other credit account or earned by anyone else (other than your Authorized User).
You may review your Cash Back balance via Account Center. It may take up to two billing cycles for Cash Back to post. The amount of Cash Back earned is based on the date your purchase was made, which may be different than the date the transaction posts to your Account. For mail order, special order, online, and other purchases, your transaction may not be posted to your Account until items have shipped.
Communications and Customer Service
The Bank may send communications regarding the Program by mail, phone, email or other methods, including through an online Account Center. By providing your mobile phone number, The Bank may contact you about all of your accounts and this Program.
If you have any questions about the Program or to update your contact information, please contact the Customer service phone number on the back of your card OR 1-855-823-1001 (TDD/TTY: 1-800-695-1788) or visit Account Center. The Bank is not responsible for communications lost or undelivered due to incorrect or outdated address or email.
You can review your Program activity at comenity.net/comenitycard or on your billing statement.
Cash Back Disputes
If Cash Back you believe were earned have not timely posted to your Cash Back balance, you may dispute your Cash Back balance ("Cash Back Dispute") by calling 1-855-823-1001 (TDD/TTY: 1-800-695-1788). The Bank will use reasonable efforts to investigate your Cash Back Dispute if you notify the Bank within 90 days of the posting date. If you do not notify the Bank within that period, you waive your right to make a Cash Back Dispute with respect to that purchase. The Bank may require you to provide written confirmation of the dispute and the applicable purchase receipt and may decline to investigate further if you do not provide the requested confirmation or a valid receipt. Upon completion of the investigation, the Bank will have no further responsibilities if you later reassert the same Cash Back Dispute.
If cash back rewards you believe were earned have not timely posted to your cash back balance, you may dispute your cash back balance ("Cash back Dispute") by calling 1-855-823-1001 (TDD/TTY: 1-800-695-1788). The Bank will use reasonable efforts to investigate your Cash back Dispute if you notify the Bank within 90 days of the posting date of the transaction generating the cash back balance that is the subject of the Cash back Dispute. If you do not notify the Bank within that period, you waive your right to make a Cash back Dispute with respect to that purchase. The Bank may require you to provide written confirmation of the dispute and the applicable purchase receipt and may decline to investigate further if you do not provide the requested confirmation or a valid receipt. Upon completion of the investigation, the Bank will have no further responsibilities if you later reassert the same Cash back Dispute.
Limited Liability
Unless otherwise required by law, neither the Bank, nor any of our or its affiliates, officers, directors, employees, service providers, or agents will be liable to you, or anyone making a claim on your behalf, in connection with the Program or these Program Terms, including but not limited to, use of the Program and any redemption for or purchase of products or services through the Program.
No Warranties
The Bank, and all of each of such company's respective subsidiaries and affiliates make no warranty, express or implied, including but not limited to, any warranties of merchantability or fitness for a particular purpose with respect to the Program or any products or services related to such Program.
Taxes
You are responsible for any tax liability that may result from participation in the Program. Consult your tax advisor concerning such tax consequences.
Cancelling Program Participation
You may cancel your participation in the Program at any time by calling Comenity Bank at 1-855-823-1001 (TDD/TTY: 1-800-695-1788). If you cancel your participation in the Program, you will no longer earn Cash Back and you will forfeit your unused and unexpired Cash Back. Your cancellation will not affect any previously redeemed Rewards.
Governing Law; Assignment
The Program and these Program Terms are governed by federal law and, to the extent state law applies, the laws of the State of Delaware. You may not assign your rights or obligations under these Program Terms to any other person or entity. Important note: You and the Bank agree that each of us may bring claims arising from or relating to these program terms only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding.
"Claim," as used in these Program Terms means any claim, dispute or controversy that in any way arises from or relates to these Program Terms.
Complete Agreement; Severability; Conflicts; No Waiver
These Program Terms supersede any previous terms and conditions governing the Program. The Program is not available where and to the extent prohibited by law. If any part of these Program Terms conflicts with applicable law, that provision will be deemed severed from these Program Terms and the remainder of the Program Terms will remain in effect. The Bank will not lose our rights under these Program Terms because the Bank chooses to delay or not enforce them.
Agreement to Arbitrate
Important note: Any party may elect to arbitrate any claim arising from or relating to these program terms (including disputes about the validity, scope or enforceability of this agreement to arbitration), in which case such claim shall be settled by binding arbitration on an individual basis and not as part of any class or representative action.
Arbitration may be elected by any party with respect to any such Claim, even if that party has already initiated a lawsuit with respect to a different Claim. The Bank will not demand to arbitrate an individual Claim that you bring against us in small claims court or your state's equivalent court, if any. But if that Claim is transferred, removed or appealed to a different court, the Bank then has the right to demand arbitration.
The arbitration will be conducted by the American Arbitration Association ("AAA"), JAMS, or any other company selected by mutual agreement of the parties (the "Administrator"), in accordance with the rules of the Administrator. Payment of all filing, administration and arbitrator fees will be governed by the Administrator's rules. If, however, you are able to demonstrate that the costs of arbitration will be cost-prohibitive for you as compared to the costs of litigation, the Bank will pay as much of the filing, administration and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive for you. The arbitrator will not have the power to award punitive or exemplary damages, the right to which each party hereby waives. The arbitrator's decision must be with written explanation and remain confidential. For purposes of this "Agreement to Arbitrate" section, these Program Terms are governed by the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA).
Opt-Out Procedures: You may choose to opt-out of this Agreement to Arbitrate by sending a written notice within 30 days after the date you accept these Program Terms for the first time. You may send your opt-out notice by mail or hand delivery to Comenity Bank P.O. Box 182273 Columbus,OH 43218-2273. Your opt-out notice must include your full name and clearly indicate your intent to opt-out of the arbitration provisions.
Prior to initiating any arbitration, the initiating party will give the other party at least 60 days advanced written notice of its intent to file for arbitration. The Bank will provide such notice by mail or email using the contact information on file with us and you must provide such notice by mail to us at Comenity Bank P.O. Box 182273 Columbus,OH 43218-2273.
Licensing
The Comenity® Mastercard® Credit Card is issued by Comenity Bank, pursuant to a license from Mastercard International Incorporated. Mastercard is a registered trademark of Mastercard International Incorporated.