Billboards Rewards Program Terms
Revised October 15, 2024
Billboards Rewards Program Terms
Revised October 15, 2024
We are excited to welcome you to the Billboard Rewards Program (“Program”). These Billboard Rewards Terms (“Terms”) supplement the Platform Agreement and Rewards Terms and set forth the rules for your participation in this program. Capitalized terms not defined in these Terms have the definitions provided in the Platform Agreement or Rewards Terms.
We reserve the right to amend these Terms, including by deleting, modifying, or adding provisions, at any time by posting the amended version of these Terms to the Brex website. The amended version will be effective at the time we post it, unless otherwise noted. If any amendments materially reduce your rights or increase your responsibilities, we will provide you with Notice (as described in the Platform Agreement) before the amended agreement/terms becomes effective as to you.
The Billboard Rewards Program allows you to transfer your Brex Reward Points toward Out of Home (OOH) media placement with one or more of Brex’s OOH operating partners (“OOH Operator”). The OOH Operator is an independent Third-Party Service Provider under the Rewards Terms.
From time to time, we may offer you, in our sole discretion, the opportunity to participate in one or more OOH campaigns (“Campaigns”) for a certain number of Rewards Points in your Brex Account (“Rewards Fee”). We will provide you details on the Campaign and Rewards Point fee separately, including the Campaign dates, OOH Operator, location, and specifics on the marketing materials (“Campaign Details”). The Campaign Details will also specify deadlines for creative review and creative submissions along with other obligations for each Campaign.
Campaign Advice
As part of the Billboard Rewards Program, Brex may, in its sole discretion, provide you with advice to help plan and execute your OOH Campaigns, such as advising on best practices for OOH design and production of materials. These consulting services are provided AS IS and without warranty. We may change or discontinue this advice at any time, and we do not guarantee that the service will be available when you request it. You agree to keep confidential any information we provide to you through this advice service.
Your Obligations to the OOH Operator under the Program
The OOH Operator handles the process of getting your materials on specific billboards or other OOH products that are part of the Campaign. Brex will agree to the OOH Operator’s separate terms and conditions (“OOH Operator Terms”) on Brex’s and your behalf in connection with a particular Campaign Among other things, the OOH Operator Terms typically (1) give the OOH Operator approval rights over advertising materials, such as advertising copy and content; (2) require you to indemnify the OOH Operator for liability caused by those materials, such as trademark or privacy infringement, or for liability caused by the products and services advertised in those materials; (3) allow the OOH Operator to use images of the billboards or other OOH products displaying your advertisements for the OOH Operator’s marketing or advertising purposes; and (4) state that OOH Operator and individual owners of the advertising occasions have the right to refuse to run or stop running your ads for any of several reasons (e.g., something happens to the physical location). The Campaigns are typically non-cancellable and non-refundable unless the OOH Operator materially breaches the OOH Operator Terms.
Your Obligations to Us under the Program
When you agree to participate in a Campaign, you authorize Brex to deduct the Rewards Points Fee from your Brex Account Rewards Points balance.
If you do not have sufficient Points to cover the Rewards Points Fee, then Brex may, in its sole discretion, allow you to participate by freezing or deducting your existing Rewards Points and applying all accruing points until the required balance is reached. If, 60 days before the beginning of a Campaign as noted in the Campaign Details, you still do not have sufficient Points to cover the Rewards Point Fee, then we may either:
Reduce the inventory in the Campaign, in our sole discretion, to account for the Rewards Points still outstanding; or
Cancel the Campaign and provide you with a refund of your Rewards Points, less any expenses already paid to the OOH Operator or otherwise incurred by us, as determined in our sole discretion; or
Freeze or deduct the remaining Points balance from your Brex Cash account or otherwise assess the remaining balance as a Fine on your Brex Card, at the value of 1 cent ($0.01) per Point still owed.
By participating in a Campaign, you agree to meet all deadlines and other obligations provided in the Campaign Details.
In addition to any obligations you have to the OOH Operator, the character, design, and content on advertising copy and the material are subject to Brex’s approval. We provide our approval in our sole discretion and you agree that we are not liable to you if we do not approve such material beyond a pro rata refund of the Rewards Program Fee already paid to us. If the material is rejected, you are responsible for providing an acceptable replacement. Our approval of any advertising material does not indicate a legal determination by us as regarding trademark, copyright, or any other matter of law, and our approval once given may be reasonably rescinded at any time.
The Brex Platform Agreement and Rewards Terms apply to this Billboard Rewards Program. You must keep your Brex Account current to participate in the Billboard Rewards Program. We may terminate your participation in this Program if you are default or otherwise fail to pay amounts owed to Brex under the Platform Agreement. If we terminate your participation for this reason, you are not entitled to a refund of any Rewards Points or other amounts paid under this Program, and you agree that, if we instruct the OOH operator to do so, the OOH operator may remove any Campaign materials without liability or notice to you.
Indemnification
As a reminder, the indemnification provisions of Section 3.3 of the Platform Agreement apply to this Billboard Rewards Program and any Campaign. In addition, you agree to indemnify, defend, and hold harmless Brex and from and against all losses, liabilities, claims, demands, or expenses, including reasonable attorney’s fees, arising out of or related to your participation in this Billboard Rewards Program, including any claims an OOH Operator may have against us for actual or alleged infringement of a third party’s intellectual property rights (including trademark or copyright infringement) or claims otherwise related to a Campaign or products and services advertised under a Campaign.
Discontinuing the Billboard Rewards Program
You may discontinue your participation in the Billboards Reward Program at any time by contacting us at billboardrewards@brex.com . We may also discontinue your participation in this Program at any time, and we will provide Notice either before or after doing so. You remain responsible for any obligations to us and to the OOH Operator after discontinuing this program and for the duration of any Campaign. You agree that if you or we discontinue your participation in the Billboard Rewards Program while one or more Campaigns are ongoing, then we, in our sole discretion, may either allow any Campaign to complete as scheduled without providing any refund, or (2) stop any Campaign and instruct the OOH Operator to remove any materials, and provide you a pro rata refund of Rewards Points.