Rebate Program Terms of Service for Customers

Last updated: January 24, 2023

BUILDERTREND SOLUTIONS, INC. (TOGETHER WITH ITS SUBSIDIARIES, “BUILDERTREND”) IS WILLING TO GRANT ACCESS TO THE REBATE PROGRAM AND THE REBATE PLATFORM THROUGH WHICH FEATURES OF THE REBATE PROGRAM ARE ACCESSED (EACH AS DEFINED BELOW) TO YOU AS A CUSTOMER ON THE CONDITION THAT YOU ACCEPT ALL OF THE FOLLOWING TERMS (THE “PROGRAM TERMS”). These Program Terms set out your rights and obligations when participating in the Rebate Program. These Program Terms incorporate Buildertrend’s Terms and Conditions Agreement (the “Master Terms”). In the event of a conflict between the Program Terms and the Master Terms, the applicable terms of the Program Terms shall control. By participating in the Rebate Program, you agree to be bound by these Program Terms and the Master Terms. If you do not agree to these Program Terms, please do not participate in the Rebate Program. These Program Terms constitute a legal agreement between you and Buildertrend.

We may make changes to the Rebate Program. If we make any material changes, we will post the amended Program Terms on our website and update the “Effective” date displayed above. We may also attempt to notify you of the changes in other ways. We reserve the right, in our sole discretion, to modify, cancel, or terminate the Rebate Program at any time, in whole or in part, for any reason and without notice to you. Unless we say otherwise, the amended Program Terms will be effective immediately and your continued participation in the Rebate Program after the amended terms are posted will confirm your acceptance of the changes. If you do not agree to the amended Program Terms, you must stop participating in the Rebate Program. Buildertrend reserves the right to disqualify you at any time from participation in the Rebate Program if you do not comply with these Program Terms or for any other reason Buildertrend deems appropriate. Buildertrend’s failure to enforce any term of these Program Terms shall not constitute a waiver of that provision.

You will be able to navigate to the Rebate Program page, but will need to enroll in the specific supply vendor or manufacturer’s program that you wish to utilize. You may opt out of your participation in the specific supply vendor or manufacturer’s program by sending a request to opt out to support@buildertrend.com.  If you continue to participate in the Rebate Program after delivering an opt-out notice, your notice to opt out may be deemed by Buildertrend (in its discretion) to be revoked, and your participation in the Rebate Program will be subject to these Program Terms.

Capitalized terms used herein but not defined have the meaning given to them in the Master Terms.

1. Rebate Program and Rebate Platform.

Buildertrend has developed its Builder Rebates program (the “Rebate Program”) pursuant to which each building supply vendor or manufacturer that Buildertrend accepts into the Rebate Program as a “Supplier” agrees to provide rebates for purchases of products or services by participating Customers located in the United States. In connection with the Rebate Program, Buildertrend makes available to Suppliers and Customers a software-as-a-service platform (the “Rebate Platform”) for the exchange of receipt data, Supplier catalogues, available Rebates (defined below) and other data related to the purchase and sale of Supplier’s products and services.  Through the platform, Buildertrend (a) identifies which purchases qualify for Rebates, (b) calculates Rebates, and (c) facilitates payment or credit of the available Rebates from Suppliers to Customers in accordance with these Program Terms. Customer must establish and maintain a BT Wallet associated with Customer’s account on the Rebate Platform and agree to the Buildertrend Wallet Program Terms to participate in the Rebate Program. Customer agrees to participate in the Rebate Program and utilize the Rebate Platform as further set forth in these Program Terms.  

2. Rebates

2.1 Rebates.

2.1.1 Rebate Platform. Buildertrend will make Rebate information available to Customers via the Rebate Platform, including the rebate amount or percentage, the applicable Supplier, product and service descriptions and/or SKUs, the term of any Rebate period, and any minimum purchase requirements or any other conditions related to earning or calculating a Rebate with respect to the purchase of the applicable products or services.  Buildertrend will facilitate the credit to Customer’s BT Wallet account the amount of Rebates paid by Suppliers and owed to Customer in accordance with the Program Terms.  Each purchase of a product or service by Customer from a Supplier that is subject to a Rebate and complies with any applicable terms and conditions made available to Customers by Suppliers through the Rebate Platform is referred to herein as a “Qualifying Purchase.” 

2.1.2 Calculation of Rebates; Rebate Review Period.

(a) Buildertrend will collect information about Qualifying Purchases from Customer and from Suppliers, which may include (i) SKU or UPC number; (ii) product or service type or category; (iii) product or service description/name; (iv) brand name; (v) classification; (vi) sale price; (vii) quantity sold; and (viii) any other relevant notes or information (collectively, “Qualifying Purchase Data”). Customer may upload transaction receipts for Qualifying Purchases to the Rebate Platform for Buildertrend to obtain the related Qualifying Purchase Data. Alternatively, a Supplier may elect to integrate to the Rebate Platform to allow the Rebate Platform to pull Qualifying Purchase Data directly from the Supplier’s systems into the Rebate Platform (the “Purchase Data Integration”) using Customer’s account numbers or other applicable customer identifiers with the Supplier that are provided by Customer to Buildertrend. If elected by Supplier, Customer hereby consents to the transfer of Qualifying Purchase Data by Supplier to Buildertrend through the Rebate Platform.  Customer represents and warrants that any Qualifying Purchase Data supplied by or on behalf of Customer, including through any Purchase Data Integration, to Buildertrend through the Rebate Platform is accurate and complete.

(b) Buildertrend will use the Qualifying Purchase Data obtained through the Rebate Platform (whether by receipt uploads from Customer or the Purchase Data Integration) to calculate the amount of Rebates owed by Supplier for Qualifying Purchases based on the applicable Supplier’s agreement with Buildertrend. Buildertrend will post the Qualifying Purchase Data and related Rebate to Customer’s account on the Customer Portal so that Customer can view the Qualifying Purchase and related Rebate.  To the extent a Customer believes that a Rebate was misapplied, incorrectly calculated or not applied at all to a Qualifying Purchase, Customer shall contact and resolve such dispute directly with the applicable Supplier.  Buildertrend is not responsible for any dispute between a Supplier and Customer regarding whether a purchase qualifies as a Qualifying Purchase or otherwise arising out of the purchase and sale of products or services from Suppliers. 

(c) Buildertrend will have no responsibility to Customer (or to credit to Customer’s BT Wallet account) Rebate amounts that the applicable Supplier has not paid, and Buildertrend shall have no liability for a Supplier’s failure to pay a Rebate.

2.1.3 Service Fees. As consideration for Buildertrend providing the Rebate Program to Customer as a software as a service platform, Customer agrees to pay the fees communicated to Customer from time to time (the “Service Fees”).   The amount, timing, form of payment and other terms and conditions related to the payment of Service Fees will be set by Buildertrend in its sole discretion.   Without limitation, (i) Service Fees may be calculated as a fixed amount or as a percentage of any Rebate attributable to Customer or a percentage of Customer’s balance in its BT Wallet account; and (ii) Service Fees may be charged periodically or on a per Rebate basis.  For service fees charged on a per Rebate basis, fees will be deducted from Customer’s BT Wallet account immediately after the applicable Rebate is credited to Customer’s account.  Service Fees may vary according to the Subscription tier paid by Customer to Buildertrend for the Service.  Any change in Service Fees based on a change in Subscription tier will be applied to any Rebates allocated to Customer’s BT Wallet account after payment in full of the first invoice related to the Subscription tier change. 

2.1.4 Conditions to Payment of Rebates.  Customer acknowledges that Customer’s right to receive or use Rebates is conditioned upon Customer’s continued eligibility to participate in the Rebate Program, including (i) Customer’s compliance with these Program Terms, (ii) Customer maintaining a current Subscription for Buildertrend’s Solution, and (iii) Customer maintaining an eligible BT Wallet account.  If Customer is no longer eligible to receive Rebates because its Subscription for the Service has terminated or been suspended, because Customer has violated these Program Terms or otherwise, then Buildertrend will distribute to Customer any Rebates held in Customer’s account as of the date of ineligibility.  Buildertrend may retain any Rebates that would have been attributable to Customer that are paid to Buildertrend after the date of ineligibility (including, if applicable, (i) ongoing Rebates with respect to subscription products or services for which Rebates are paid throughout the subscription period, (ii) Rebates for Qualifying Purchases made before the date of ineligibility but not paid by Supplier to Buildertrend until after; and (iii) Rebates that are in dispute as of the date of ineligibility).  If Customer subsequently renews its Subscription or otherwise becomes eligible to participate in the Rebate Program and receive Rebate payments, Customer will be entitled to earn and be paid Rebates only from and after the date of eligibility.  In no event will Customer be entitled to receive Rebates that would have otherwise been attributable to Customer during any previous period of ineligibility.

2.1.5 Returns. If Rebates attributable to Customer are cancelled after they have been paid to Customer because Customer returned Supplier products as otherwise permitted by the Rebate terms and conditions, the Supplier shall provide Buildertrend with reasonable supporting detail regarding the canceled Rebate and the reasons therefor.  Buildertrend shall use commercially reasonable efforts to provide Customer with reasonable notice of and information related to any cancelled Rebates and the corresponding refund to the applicable Supplier.  Customer acknowledges and agrees that Buildertrend may refund the canceled Rebate amount from the Customer’s BT Wallet account if, and only to the extent that, (i) funds are available in Customer’s BT Wallet account, and (ii) Buildertrend determines in its sole discretion that the refund is owed to Supplier.  Customer agrees to cooperate with Buildertrend in good faith to resolve any claim for a canceled Rebate whether or not funds are available in Customer’s BT Wallet account for payment of the claim.  Customer acknowledges that Supplier may seek a refund directly from Customer of any cancelled Rebates that cannot be refunded out of Customer’s BT Wallet account, and Buildertrend is not involved in, or responsible or liable in any way for, any such efforts by a Supplier.

2.2 Customer Portal. Customer acknowledges that it has been provided access to the Rebate Platform’s user portal for Customers (the “Customer Portal”), and Customer agrees to comply with the Rebate Program rules and regulations that are and will be posted to the Customer Portal on the Rebate Platform from time to time.

2.3 No Endorsement. Nothing in this Agreement will be construed as an endorsement by Buildertrend of any products or services offered by Suppliers.

2.4 Product and Service Purchases; Release; Indemnification. Customer shall contract directly and separately with each Supplier for the purchase and sale of its products or services, and Buildertrend will not be a party to or otherwise involved in such transaction. Buildertrend makes no representation or warranty with respect to any products or services of any Supplier, including any implied warranties of merchantability or fitness for a particular purpose.  ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED. Customer acknowledges that Buildertrend does not have any responsibility for the timely performance (or failure to perform) of any Supplier’s obligation to Customer, including the delivery of any products or services or the conformance thereof with Supplier’s specifications.  Customer agrees that Buildertrend is not responsible for the acts or omissions of any Supplier (including any fraudulent acts or omissions). Customer agrees that Buildertrend is not a guarantor of the performance of any contract, order, Qualifying Purchase or other agreement between Suppliers and Customer. Accordingly, Customer hereby expressly waives and releases any and all claims, now known or hereafter known, against Buildertrend and its affiliates, and their respective officers, managers, members, directors, shareholders, employees, agents, affiliates, successors, and assigns (collectively, “Releasees“) on account of any act or omission (including without limitation nonperformance) by any Supplier in connection with the purchase and sale of products or services or other interactions between any Supplier and Customer. Customer covenants not to make or bring any such claim against Buildertrend or any other Releasee, and forever releases and discharges Buildertrend and all other Releasees from liability under such claims. Customer shall defend, indemnify, and hold harmless Buildertrend and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, attorneys’ fees, fees, the costs of enforcing any right to indemnification under this Agreement, and the cost of pursuing any insurance providers, incurred by/awarded against Buildertrend or any other Releasees, out of or resulting from any claim arising out of or related to the manufacture, distribution, purchase or sale of Supplier’s products or services in connection with the Rebate Program.

2.5 Confidentiality.  Without limiting any of Customer’s confidentiality obligations set forth in the Master Terms, Customer acknowledges that the Rebate and any terms and conditions related to a Rebate (collectively, the “Rebate Terms”) are confidential.  Customer shall not disclose any Rebate Terms to any person other than Customer’s employees who need to know the Rebate Terms for Customer’s own internal business purposes.

3. Maintenance of Records; Audit. 

Customer shall maintain accurate books and records to document the amount and calculations of any Rebates owed under this Agreement during the term and for 2 years following the termination of this Agreement. During the term of this Agreement, following reasonable notice and during regular business hours, Buildertrend may at its own expense audit Customer’s books, records, and other documents as necessary to verify compliance with the terms and conditions of this Agreement.