Moonlighting is a clearinghouse Service provided by P.S. Tiamo
Inc. All transactions are tendered with Member gift certificates
that are transferred, in whole or in part, between the Members. Member
access to the Service is completely at the discretion of Moonlighting, and
Member access to the Service may be blocked, suspended, or terminated at
any time for any reason including, but not limited to, violation of
this Agreement, actions that may lead to liability for the Moonlighting or
the Members of Moonlighting, and violation of applicable laws or
Members agree to issue gift certificates from their businesses to
Moonlighting for the purposes of managing their Moonlighting accounts and
transactions. Further, the Member extends to Moonlighting all rights
to repackage and market those certificates in denominations that The
PASE sees fit, cumulatively up to the total value of the original gift
certificate value. Moonlighting Asset Management, doing business as Moonlighting, shall use
its reasonable efforts to administer transactions between Moonlighting
Clients in a clearinghouse capacity and market the Member's goods and
services within the Membership and through various P.S. Tiamo Inc
The selling Member ("Seller") agrees to stand behind its goods and
services as with any of its other business transactions, and the
purchasing Member ("Buyer") acknowledges that its sole remedy for any
claim shall be the Seller.
The Member acknowledges Moonlighting's right to re-issue, in whole or
in part, under terms of Moonlighting's choosing, any gift certificates which
the Member has transferred to Moonlighting in exchange for "AMPs" in the
Member's Moonlighting transaction account.
Moonlighting provides no express or implied warranties including
implied warranties of merchantability and fitness. Moonlighting shall not be
liable for consequential damages. The Client's sole remedy for any
claimed breach of warranty shall be a refund of Moonlighting's service
charge on the applicable transaction and refund the Client's account
If a Member is presented with a certificate which he or she
suspects, in good faith, is fraudulent but is potentially a
clearinghouse error, the Member may, nevertheless, redeem the
certificate and recover its value in their account from Moonlighting.
(Obvious forgeries are exempt from this provision)
All goods,services and taxes shall be transacted under 100% barter
at no more than 100% of Client's regular prevailing retail prices,
unless other terms are agreed to by both Clients. Moonlighting's Transaction
Service Fee shall be based on the value of the gift certificates used
in the transaction.
All purchases shall be transacted using the same terms and
procedures as would be used in any purchase that transacts with the
SELLER'S gift certificates.
Moonlighting Member accounts are recorded and maintained in
"AMPs", each of which has a representative worth of one dollar (US) in
Sales, Purchases and Transaction Fees result in immediate Account adjustments.
Members may claim credit from future exchanges by transferring gift certificates to Moonlighting.
For the first three months of participation, discretionary deposits
in any month are limited to a maximum that's equal to a Member's
opening deposit. After that time, the Member has the option
of the doubling the maximum amount every six months.
"AMPs" are securitized with a system capital reserve account that
is maintained by Moonlighting . This account is a proprietory
assortment of gift certificates that is maintained at a level which is
eight percent (8%) higher in value than the total of all points in the
accounts of all Moonlighting Members.
Accounts earn one percent (1%) interest per month on their average balances for that month.
MEMBER ACCOUNT CANCELLATIONS:
Moonlighting and/or the Member have the right to terminate this
Agreement and close the Moonlighting account upon thirty (30)
days written notice. If a positive trade balance exists in the
account, Moonlighting will maintain the account in "IDLE" status until
such time as the Member zeros-out the account balance. If,
through the Member's Discretionary Deposits, transaction fees collected,
or any other means, Moonlighting holds rights to any gift certificate value
granted by the Member, the Member agrees to redeem said value for The
PASE under the terms of the Clause 5 (Trading Procedures).
Members make their accounts "Idle" by not declaring a trade
limit for any given month. This status may be maintained for up to
six consecutive months by any Member, or up to nine months by
Members with seasonal businesses. During "Idle" status, Members
may purchase from other Members and support their accounts with monthly
Discretionary Deposits that may not excede one half of the average
of their Discretionary Deposit limits for the three months immediately
prior to becoming idle.
Moonlighting charges a ten percent (10%) transaction fee to the Seller
at the time of each gift certificate purchase. This fee is
automatically deducted from the Seller's account at that time.(Waived
until August 31, 2017 for companies that open their accounts before
September 1, 2015)
On the first day of every month, the fee from the previous month's
largest purchase will be rebated to the Buyer's account through
PARTIES TO THIS AGREEMENT:
This Agreement is between Moonlighting and the Client, or the Client's
successor(s), assigns or heir(s). The principal of the Client shall give
Moonlighting immediate notice of transfer of its ownership, cessation of
business, filing of bankruptcy or other substantial alteration in the
financial status the of Client or its principal.The Client agrees to
abide by these Terms and Conditions and any other Moonlighting rules
or regulations, as amended from time to time, and understands that these
Terms and Conditions, including but not limited to fees, may
be amended from time to time by Moonlighting. Client will receive
thirty (30) days email notice of any change to these Terms and
Conditions and the changes will be posted on the site's internet
pages as both a notice on the homepage and as a revised Terms and
In the event of any legal action to enforce the terms of this
agreement, each party shall bear its own attorney's fees and costs.
This agreement shall be governed, interpreted and construed
according to the laws of the State of New York, unless superceded by
applicable laws of the states in which Moonlighting operates or by
regulations of the United States Postal Service.
Venue for any legal action by any party to this agreement to
interpret, construe or enforce this agreement shall be in a court of
competent jurisdiction in and for the City of Binghamton, New York.
The Member agrees to indemnify and hold harmless Moonlighting Asset
Management, their suppliers and licensors, officers, directors,
employees, agents and affiliates from any claim, liability, loss,
damage, cost, or expense (including, without limitation, reasonable
attorney's fees) arising out of or related to the Member's use of the
Service, any materials downloaded or uploaded through the Service, any
actions taken by the Member in connection with their use of the Service,
any violation of any third party's rights or any violation of law or
regulation, or any breach of this agreement. This Section will not be
construed to limit or exclude any other claims or remedies that Moonlighting
may assert under this Agreement or by law.
This Agreement shall not be construed as creating a partnership,
joint venture, or granting a franchise between the parties. Except
as otherwise provided above, any waiver, amendment or other modification
of this Agreement will not be effective unless in writing and signed by
the party against whom enforcement is sought. If any provision of this
Agreement is held to be unenforceable, in whole or in part, such holding
will not affect the validity of the other provisions of this Agreement.
Moonlighting Asset Management's performance of this Agreement is subject to
existing laws and legal process, and nothing contained in this
Agreement shall waive or impede Moonlighting's right to comply with law
enforcement requests or requirements relating to your use of this
Service or information provided to or gathered by Moonlighting with respect
to such use. This Agreement, the Member's Application, Website-Posted
materials, and Moonlighting Transaction Forms constitute the complete and
entire statement of all terms, conditions and representations of the
agreement between the Member and Moonlighting Asset Management with respect
to its subject matter and supersedes all prior writings or
NOTIFICATION & TRAINING OF EMPLOYEES:
Members are required to inform and train their employees in the
terms of this agreement and the proper redemption procedures for
VALIDATION OF AGREEMENT:
This agreement will only be valid if BOTH of the following conditions have been adhered to:
Delivered to the prospective Member by United States Postal Service
Returned to Moonlighting, signed or initialed where appropriate, by the
prospective Member by the United States Postal Service.
If any one or more of the provisions of this agreement are
determined to be unenforceable, in whole or in part, the remaining
provisions shall remain fully operative.