Yahoo! Points Program Terms of Service

DESCRIPTION OF THE SERVICE

The Yahoo! Points program, owned and operated by Yahoo! Inc. ("Yahoo"), is a program where registered Yahoo! users can earn points by engaging in certain activities and transactions and redeem these points for certain rewards, such as merchandise, gift certificates and other items ("rewards").

ACCEPTANCE OF YAHOO! TERMS

The Yahoo! Points program, is provided to you under these Yahoo! Points Program Additional Terms of Service ("Additional Terms") that supplement the Yahoo! Terms of Service ("TOS") located at http://info.yahoo.com/legal/us/yahoo/utos/utos-173.html, which is incorporated by reference. For clarity, the Yahoo! Points program is a "Service" as defined in the Yahoo! Terms of Service. Yahoo! reserves the right to update and change, from time to time, these Additional Terms and all documents incorporated by reference.

REGISTRATION, EARNING AND REDEMPTION OF POINTS

1. You must be a Yahoo! user with a Yahoo! ID, located in the United States and use the Yahoo.com site to enroll in and use Yahoo! Points program.
2. To participate in the Yahoo! Points program, you must register for the program at http://points.yahoo.com.
3. To earn points, you must undertake an activity authorized by Yahoo!, which may include, but is not limited to: (a) purchasing specified products; (b) using your Yahoo! Visa Card for eligible transactions; (c) completing certain surveys; or (d) engaging in other activities that allow points to be earned. Yahoo! expressly reserves the right to establish additional means of earning points, to delete any or all means to earn points and to exclude specific types of activities from those that allow points to be earned.
4. Points can be earned only for an activity actually completed by you and can be applied only to your Yahoo! Points account. Points are non-transferable to other users or accounts and have no cash or monetary value. Points posted to your account for an activity that is subsequently voided, cancelled or involves a returned item will be removed. Yahoo! will use reasonable efforts to credit earned points to the appropriate Yahoo! Points account. However, you are responsible for ensuring that your points are properly credited to your Yahoo! Points account. If you believe that you have validly earned points that have not been credited to your Yahoo! Points account, or in cases where Yahoo! deems verification is required, Yahoo! reserves the right to require proof of the points you have earned, including but not limited to, copies, receipts or similar documentation verifying any activity eligible for points that you claim you earned. Yahoo! must receive any claim regarding and proof of points earned within six months after the date such points are claimed to be earned.
5. Points you earn in your Yahoo! Points account expire four years from the end of the calendar quarter in which they are credited to your account. Points will be maintained in your account until they are redeemed for a reward, until they expire or until they are forfeited, whichever occurs first.
6. You may redeem points earned in your Yahoo! Points account for rewards, provided that your Yahoo! ID and Yahoo! Points account are in good standing at the time of the reward request. Points earned in two or more different Yahoo Points accounts may not be combined to redeem any reward.
7. Any reward you select by redeeming your points will be provided to you directly by the merchant or party responsible for providing that reward, who is solely responsible for the supply, delivery, quality and performance of the reward. The merchant or party responsible for providing the reward will ship the reward only to locations within the United States, and you should check the merchant's or party's rules with respect to shipping rewards outside of the continental United States. Dollar-denominated electronic gift certificates and special offer coupons are delivered via email and are valid at the merchants' or parties' U.S.-based sites only.
8. Some rewards have limited availability, and all rewards are subject to availability and any other terms and conditions supplied by the merchant or party responsible for providing the reward. Redeemed rewards are not refundable, exchangeable, replaceable, redeemable or transferable for cash, credit, other rewards or points under any circumstances. No points will be re-credited to your Yahoo! Points account in the event of a return or exchange of your reward. You are responsible for taxes, if any, that are due on any rewards or points.
9. Yahoo! has the right to terminate your Yahoo! ID and Yahoo! Points account, which will result in your forfeiture of all points earned to date, and restrict your ability to participate in the Yahoo! Points program in the future, if you: (a) engage in fraud relating to or abuse of the Yahoo! Points program; (b) engage in any illegal act or violate any law, regulation or policy relating to the Yahoo! Points program; or (c) violate these Yahoo! Points Additional Terms or any other Yahoo! Terms of Service or policy. If for any reason your Yahoo! ID is terminated by either Yahoo! or you, all points earned in your Yahoo! Points account will be forfeited.
10. You are solely responsible for any fraudulent use of your points that occurs due to the theft or sharing of your password. You must notify Yahoo! immediately of any unauthorized use or breach of security of your Yahoo! ID or Yahoo! Points account. Yahoo! Points is a service provided to an individual Yahoo user, not a company or group of individuals. IT IS CONSIDERED FRAUDULENT AND A BREACH OF THESE ADDITIONAL TERMS OF SERVICE FOR ANY INDIVIDUAL OR COMPANY TO DIRECT, ENCOURAGE OR ALLOW A COMPANY OR GROUP OF INDIVIDUALS TO USE A SINGLE YAHOO! ACCOUNT FOR THE PURPOSE OF EARNING POINTS.
11. Yahoo! reserves the right to cancel, modify, restrict or terminate the Yahoo! Points program, or any aspect or feature of Yahoo! Points, including rewards, at any time without notice. Any changes to the Yahoo! Points program will apply to unredeemed points as well as to any points that may be earned in the future.

SUPPLEMENTAL TERMS FOR YAHOO! POINTS EARNED THROUGH THE YAHOO! VISA CARD

1. The Yahoo! Visa Card is issued by Bank One Corporation, Delaware, N.A. ("Bank One").
2. The Yahoo! Points program is offered by Yahoo! and is not an obligation of Bank One. Disputes between the Yahoo! Visa Cardholder and Bank One, including disputes involving points earned using the Yahoo! Visa Card, shall be governed by the Bank One Cardmember Agreement. Any disputes concerning the Yahoo! Points program will not affect your payment obligation to Bank One for your Yahoo! Visa Card account. Disputes between the Yahoo! Visa Cardholder (and any other Yahoo! Points program participant) and Yahoo! shall be governed by the Yahoo! Points Program Additional Terms of Service.
3. To earn points through your Yahoo! Visa Card, you must complete a one-time link of your Yahoo! Visa Card to your Yahoo! Points account at http://visa.yahoo.com. You will have 90 days after an eligible transaction to link your Yahoo! Visa Card to your Yahoo! Points account in order to transfer points to your Yahoo! Points account for redemption. If you do not link within those 90 days, you will forfeit any points earned over 90 days old. Once your Yahoo! Visa Card is linked to your Yahoo! Points account, all points earned through your Yahoo! Visa Card will automatically be credited to your Yahoo! Points account.
4. Points earned with your Yahoo! Visa Card will be reported on your monthly Yahoo! Visa Card statement. Points can also be viewed and redeemed for rewards at the Yahoo! Points program site at http://points.yahoo.com.
5. Points will be earned for expenditures on your Yahoo! Visa Card as follows. You will earn one point for every $1.00 spent on purchases with your Yahoo! Visa Card and for every $1.00 in balance transfers (up to $5,000 per year commencing on the opening date of your account and each subsequent anniversary thereof) from other credit cards to your Yahoo! Visa Card. Points are non-transferable between Yahoo! Visa Card accounts.
6. Points will not be awarded for: (a) those amounts representing annual fees, finance charges and other bank fees or charges posted to Yahoo! Visa Card accounts (e.g., late fees, return check fees, overlimit fees, credit insurance premiums); (b) the amount of all cash advance transactions, cash advance transaction fees (including the use of convenience checks), and quasi-cash transactions posted to Yahoo! Visa Card accounts; and (c) the aggregate of all balance transfer transactions in excess of $5000 per Yahoo! Visa Card per year as measured from the date such Yahoo! Visa Card account was established. Return items and refunds relating to purchases posted to a Yahoo! Visa Card Account will be deducted from the Yahoo! Visa Cardholder's total points balance.
7. Points may not be earned and may not be redeemed by a Yahoo! Visa Cardholder whose Yahoo! Visa Card account at Bank One is not in good standing, where Bank One has not received at least the minimum payment due by a Yahoo! Visa Cardholder on that Yahoo! Visa Card account by the 45th day after the payment due date specified on the monthly statement for such Yahoo! Visa Card account, or the Yahoo! Visa Card account has been rendered inactive by Bank One for any reason. Any points earned during the monthly statement for these ineligible periods will be forfeited. You will resume earning points on the date on which the account has been brought back into good standing.
8. Bank One reserves the right to cancel, modify, restrict or terminate points earned through the use of the Yahoo! Visa Card, or modify any aspect or these Supplemental Terms for the Yahoo! Points program, at any time without notice.

INVALIDITY OF SPECIFIC TERMS

If any provision of these Additional Terms or any document incorporated by reference is found by a court of competent jurisdiction to be invalid, Yahoo! and you ("the parties") nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the documents that remain in full force and effect.

LOCATION OF LAWSUIT

The Yahoo! Terms of Service, which apply to the Yahoo! Points program, provides that both Yahoo! and you agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California. The Yahoo! Terms of Service, these Additional Terms and the relationship between Yahoo! and you will be governed by the laws of the State of California, without regard to the conflicts of law provisions thereof.