Terms & Conditions – Use of KPFG Cash Back Program Platform
General Relationship and Right to Modify
Marlin Incent, L.L.C. (doing business as Incent or Marlin Incent) is the administrator of the KPFG Cash Back Platform, a loyalty and incentives program owned by Kent Precision Foods Group. This document governs your relationship with Incent and use of the KPFG Cash Back Platform. Access to and use of the KPFG Cash Back Platform and the products and services available through the KPFG Cash Back Platform (the “Services”) are subject to the following terms, conditions and notices (the "Terms of Service").
By using the Services, you are agreeing to all the Terms of Service, as may be updated, changed or modified by Incent from time to time. You should check this page regularly to take notice of any changes or modifications Incent may have made to the Terms of Service. You will be provided notice of any changes or modifications through their posting on this site. We may provide additional notice to you via email or other communications.
Incent reserves the right to withdraw, change, modify or amend the Services, without prior notice. Incent is not liable if for any reason the KPFG Cash Back Platform is unavailable at any time or period. From time to time, Incent may restrict access to some parts or all of the Services.
Participation in the KPFG Cash Back Platform
The KPFG Cash Back Platform is designed and intended to be a business-to-business platform to enhance the business and marketing relationship between Producers of goods and products, Distributors and Brokers, and retail and similarly-situated businesses and entities that ultimately use the goods and products, referred to as Operators. Producers, Distributors, Brokers, and Operators will each utilize and maintain an account in the KPFG Cash Back Platform, through which each may use the KPFG Cash Back Platform.
Producers will be responsible for determining and setting the particular terms and conditions loyalty rewards that will be made available to Operators. Each Producer will determine and set the type, kind, amount, etc., of rewards that an Operator, Broker Sales Representative (“BSR” or “Broker”) or Distributor Sales Representative (“DSR” or “Distributor”) may receive for a particular product or purchase of that Producer’s goods or products. For example, the loyalty rewards may be a one-time SPIFF, a per case rebate or a volume-based incentive.
Incent does not establish or set these terms of the loyalty rewards.
Distributors and Brokers
Distributors and Brokers can join and participate in the KPFG Cash Back Platform by opening an account with Incent. Distributors and Brokers may use the KPFG Cash Back Platform to bring rewards opportunities to their Operator customers, including submitting information to Incent to assist their Operator customers in receiving rewards through the KPFG Cash Back Platform. Distributors and Brokers may also have the opportunity to earn rewards through selling Producers’ goods and products to Operators. Rewards offered to the Distributors and Brokers from Producers will be calculated based on the approved proof-of-purchase data obtained from their Operator customers. Only one Distributor and one Broker can receive rewards on a product or good. If two or more Distributors or two or more Brokers are claiming rights to the rewards for a particular good or product, Incent reserves the right to determine which Distributor and or which Broker will receive the rewards for a particular good or product. Only one Distributor Sales Rep and one Broker Sales Rep can receive rewards on all product or good purchases made by the Operator from Producers offering rewards through the Incent Program. Only one Distributor Sales Rep and One Broker Sales Rep participating the KPFG Cash Back Platform can be connected to the same Operator participant. It is not the responsibility of Incent or its participating Producers to protect or create firewalls for Operator’s purchase information that might be considered competitive information between two or more Broker participants and two or more Distributor Participants. For instance, two different Broker Sales Reps from a single Broker Company or different Brokers Companies representing and selling a producer’s products or goods through two different Distributors carrying and selling the producer’s products. Further, Operator’s purchasing producer’s products and goods through two or more different Distributors carrying and selling the producer’s products. All Operator’s purchase data received and processed by Incent may be viewed by any participant of the KPFG Cash Back Platform that is connected to the respective Operator’s account that purchases products or goods from Producers.
Producers may set different reward values for each product or good offered through the KPFG Cash Back Platform by individual Operators, Distributors, Distributor Sales Reps, Brokers, Brokers Sales Reps or any other participant eligible for rewards through the KPFG Cash Back Platform.
It is the responsibility of the Distributor or Broker that is participating in the KPFG Cash Back Platform to determine whether they or their employer allows them to accept rewards from third party companies. Distributors and Brokers can participate in the KPFG Cash Back Platform and not receive rewards if requested.
Operators can join and participate in the Incent Rewards by opening an account with Incent. Operators may use the KPFG Cash Back Platform to submit requests for available loyalty rewards from Producers. Operators will be responsible for providing and submitting, through the KPFG Cash Back Platform, accurate information regarding their qualified purchases of products and goods for which Producers are offering loyalty rewards through the KPFG Cash Back Platform.
Incent will maintain an account portal for Operators to register for an account and access the KPFG Cash Back Platform. An Operator must designate one employee or agent to manage and control the Operator’s participation in the KPFG Cash Back Platform (“Operator Account Manager”). The Operator Account Manager must be authorized by the Operator to manage and control the Operator’s participation in the KPFG Cash Back Platform, be over the age of 18, agree to provide or submit fully accurate information regarding the Operator’s actual purchases of products and goods of Producers.
By an Operator participant or other approved representative of the Operator submitting purchase information for products or goods purchased by the Producer’s offering rewards through the KPFG Cash Back Platform, The Operator is agreeing that their purchase information may be shared with any participant in the KPFG Cash Back Platform representing, selling and carrying each respective Producers products.
Processing of Rewards.
Through the KPFG Cash Back Platform, Operators may earn cash back sums of loyalty rewards. Rewards will be earned when the Operator or a Distributor or Broker submits proper proof-of-purchase data to the Producer through the KPFG Cash Back Platform. Proper proof-of-purchase data must include the following information: The Distributor or supplier from which the product was purchased, manufacturer product codes, description of the product, quantity of the product purchased, the date or dates on which the Operator purchased the product. The Producer and or Incent may, from time to time, require additional proof-of-purchase information for a product or loyalty reward.
Incent and Producers reserve the right to not accept proof-of-purchase data at their own discretion for any member participant. If an Operator’s proof-of-purchase data is not accepted, the Operator will be notified of the rejection of the decision.
Cash back rewards will be paid out monthly for proper and complete proof-of-purchase data that the Operator submits by the fifth day of the month. If proof-of-purchase data is submitted after the fifth day of the month, payment will occur in the next month. Circumstances may occur that delay or change the normal schedule for rebate payouts or access to available funds.
Operators may elect to receive cash rewards either through a debit card or check. Other cash rewards disbursement methods requested by an Operator will be considered if the Operator isn’t allowed to receive cash rewards from a debit card or check. Incent reserves the right to approve or refuse any other disbursement method requested by the Operator. Broker Sales Reps and Distributor Sales Reps can only receive cash rewards, commissions or bonuses using the debit card method. Cash rewards, commissions and bonuses offered through the Incent program will be forfeited if the Broker Sales Rep’s or Distributor Sales Rep’s employer doesn’t allow them to accept these offers from third party companies (such as Incent or a Producer). In some situations, the Producer offering cash rewards, commissions or bonuses through the KPFG Cash Back Platform may elect to distribute these offerings directly to the Broker Company or Distributor Company versus directly to the Distributor Sales Rep or Broker Sales Rep. Upon Incent fulfilling this requested option by the Producer, Incent takes no responsibility for the use of the cash rewards, commissions or bonuses by the Broker Company or Distributor Company. Incent reserves the right to refuse the disbursement of cash rewards, commissions or bonuses directly to the Broker Company or Distributor Company requested by the Producer, Broker Company or Distributor Company.
A Distributor Sales Rep, Broker Sales Rep or a Broker Company may not receive any rewards in the amount of $600 or more in a year unless it has completed and provided to the Producer and/or Incent an Internal Revenue Service Form W-9 and any additional tax information that the Producer and/or Incent may reasonably require. Failure to provide an Internal Revenue Service Form W-9 by the date requested by the Producer and/or Incent may also result in the forfeiture of earned reward. If the reward offerings through the Incent Program are issued to a Distributor Company that purchases the Producers products and goods, it is the Distributor Company’s responsibility to determine if the rewards are a taxable event according to the tax code rules set by the Internal Revenue Service. Incent does not take any responsibility for a Company or Individual breaking the tax laws and regulations set by the Internal Revenue Service from participating in the KPFG Cash Back Platform.
It is the responsibility of each Producer, DSR, BSR, and Operator, who participates in the Incent Program and uses the Services, to ensure that their respective actions and conduct, including that of their designated account managers or controllers, and any agents or employees of Participants, conform with local, state, and federal laws, regulations, and restrictions related to participation in rebate and incentive programs.
Prohibitions in Using the KPFG Cash Back Platform
In using the Services, accessing the KPFG Cash Back Platform, and participating in the KPFG Cash Back Platform, Participants, including their employees and agents, may not commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through the KPFG Cash Back Platform. Breaching this provision could constitute a criminal offense and Incent will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the KPFG Cash Back Platform or to downloading of any material posted on it, or on any website linked to it.
Intellectual Property, Software and Content
The intellectual property rights in all software and content (including photographic images) made available to you on or through the Services remains the property of Marlin Incent, LLC or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Incent and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears through the Services nor may you use any such content in connection with any business or commercial enterprise without written consent of Incent.
Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This website must not be framed on any other site, nor may you create a link to any part of this website other than the home page. We reserve the right to withdraw linking permission without notice.
Disclaimer as to Trademarks, Images of Personalities and Third-Party Copyright
Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with Incent and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this KPFG Cash Back Platform and website are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and goods and is in no way an assertion that such products or goods are endorsed by Incent.
You agree to indemnify, defend and hold harmless Incent, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use, misuse or inappropriate use of the Services or your breach of the Terms of Service.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
Incent operate a complaint handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments. Complaints, questions, issues or concerns should be directed to email@example.com or P.O. Box 1382 Springfield, MO 65801.