Ambit Energy, LLC Ultimate Perks Program Terms & Conditions

At the Ambit Ultimate Perks Program, our goal and commitment is to make your customer experience as successful and satisfying as possible, and to help you get the full value from your reward.

By using the www.ambitultimateperks.com website (the "Site"), you agree to be bound by all of the terms in these Terms of Use (the "Agreement") and any terms and conditions in our prior agreement when you were enrolled as a customer in the Ambit Ultimate Perks Program. As we are regularly updating and enhancing the Ambit Ultimate Perks Program, the Ambit Ultimate Perks Program reserves the right, in its sole discretion, to update or modify this Agreement at any time. Your continued use of the Site following the posting of any changes to this Agreement constitutes acceptance of those changes. Please read these Terms of Use carefully and, if you have any questions, or if this Agreement does not conform to your understanding of what you were told the Ambit Ultimate Perks Program was, please contact the Ambit Ultimate Perks Program Customer Support at customersupport@ambitultimateperks.com.

Accessing Your Reward. The Ambit Ultimate Perks Program hereby grants you a non-exclusive, non-transferable, limited right to access, use and display the Site for your personal, non-commercial use, provided that you comply fully with the provisions of these Terms of Use. Your Ambit Ultimate Perks Program customer account can only be activated/accessed through the www.ambitultimateperks.com website. You have unlimited access to the Ambit Ultimate Perks Program website 24 hours a day, 7 days a week, 365 days a year.

1. Actively enrolled accounts on an Ultimate Perks product with a valid e-mail address are eligible to receive access to the Ambit Ultimate Perks Program (the "Rewards").  

2. Once an account is enrolled, the Rewards will become available when service starts on a qualifying plan. Internet access is necessary to access the Rewards. Action is required on the part of the customer to access the Rewards.

3. Customers will receive $50 in "Ultimate Perks" ("Reward Dollars") each month they are actively enrolled on an Ultimate Perks product and will not extend past the initial term of the Ultimate Perks product. The Rewards will become available when service starts on a qualifying plan. "Ultimate Perks" are promotional rewards. The "Ultimate Perks" are not gift cards, nor gift certificates, and have no cash value.

4. Residential accounts actively enrolled on an Ultimate Perks product are eligible to receive the monthly $50 in Ultimate Perks ("Reward Dollars") within their Rewards account at www.ambitultimateperks.com.

5. The monthly $50 in Ultimate Perks ("Reward Dollars") provides customers savings, discounts, deals and coupons redeemable online. Customers can choose from local deals, local and national chain restaurants, hotels, movie theatres, products, gift cards, and more. A printer may be required to utilize those rewards that require printing a savings voucher.

6. There is no expiration date on the Rewards Program as long as the account remains actively enrolled on an Ultimate Perks product, however, Ambit Energy reserves the right to substitute, modify, or end the Rewards Program at any time.

7. Upon cancellation or Ultimate Perks term expiration, customers will still have access to any unused reward value accrued within the Rewards Program.

8. Customers are required to have a valid e-mail address in order to access their rewards.

9. Offers and terms and conditions vary by restaurant and/or retailer. Customers are encouraged to visit the www.ambitultimateperks.com web site to find participating restaurants and/or retailers in their area and to read the individual terms before redeeming their reward(s).

10. The Ultimate Perks savings voucher once redeemed, is subject to the terms and conditions of the restaurant or retailer which may include the condition that a certain monetary value must be spent in order to redeem the certificate’s value; the condition that the savings voucher cannot be applied to sales tax or gratuities; or the condition that the savings voucher could be limited to certain party sizes. These are just examples and not representative of all conditions. Customers are encouraged to visit the www.ambitultimateperks.com web site to find participating restaurants and retailers in their area and to read the individual terms before redeeming their savings voucher(s).

11. Once the Ultimate Perks ("Reward Dollars") value is redeemed for a specific restaurant or retailer, the savings voucher will have expiration dates per the terms and conditions of the restaurant or retailer.

12. Once the Ultimate Perks value is redeemed, the savings voucher cannot be credited back to the customer’s account even if the savings vouchers were unused by the customer or expired.  

13. If the $50 in Ultimate Perks ("Reward Dollars") are not redeemed in a given month, the unused reward value will automatically roll over to the next month.

14. After the first month of service, at the beginning of each month during the Initial Ultimate Perks term, an additional $50 in Ultimate Perks ("Reward Dollars") will be added to the customer’s account. An e-mail reminder will be sent to the e-mail address on file.

15. Customers can access their Rewards Program account using their email address or phone number, and their zip code.

16. The $50 in Ultimate Perks ("Reward Dollars") can be divided between different restaurant and/or retail locations at the customer’s discretion. For more information about the Rewards Program, customers may refer to the terms and conditions at www.ambitultimateperks.com.

Reward Overview. The primary benefit of the Ambit Ultimate Perks Program is an enrolled customer’s receipt of, and ongoing access to free, promotional rewards, as defined below, given on enrollment and refreshed at regular intervals, good for use on the deals, products, etc. of the customer’s choice. This is an ongoing, accrued monthly benefit to the customer recipient. As a customer of the Ambit Ultimate Perks Program, your benefits may include shopping discounts, shopping deals, shopping rewards, shopping offers, shopping promotions, dining discounts, dining deals, dining rewards, dining offers, and dining promotions ("Reward Dollars"), depending on your customer status. Access to, and instructions regarding, your rewards are found within each of the specific reward benefit links found within the Ambit Ultimate Perks Program. All benefits within the program do require actions on your part, along with internet access, to claim and utilize them. Some benefits within the program may require a printer. We will provide you instructions for how to activate your Reward Dollars, which are not legal tender or currency, and have no cash value.

Your Account is Free. You understand that the Ambit Ultimate Perks Program is not charging you anything for the Ambit Ultimate Perks Program, and will never charge you anything for the Ambit Ultimate Perks Program, and that your access to the Ambit Ultimate Perks Program is free.

Action is Required to Claim Your Benefits. Action on your part is required to activate and claim your reward(s). Benefits associated with this reward will accrue/rollover from month to month.

Online Communication & Emails. The Ambit Ultimate Perks Program is an online reward program. You understand that the manner in which a customer activates their reward, accesses their reward and related benefits, redeems their reward and related benefits, and communicates with Customer Support, etc. is all online. By becoming a customer, you have agreed to receive emails from the Ambit Ultimate Perks Program associated with your account.

Terms of Use. Once you have activated your account and/or reward, you will enjoy unlimited access to the Ambit Ultimate Perks Program website for as long as you wish to access it, and are an active customer. Your account and/or reward is non-transferable and has no cash value. Your account and/or your reward are not a gift card or a gift certificate, but rather a premium discount and couponing reward program used for various deals and discounts. Benefits are not for re-sale. You are entirely responsible for maintaining the confidentiality of your account password and user account information. You will promptly notify us if you become aware of any unauthorized use of your account. The Ambit Ultimate Perks Program is limited to residents of the United States (excluding Iowa) and Canada only and to individuals over the age of eighteen (18). Access to the Ambit Ultimate Perks Program and www.ambitultimateperks.com are governed by this Agreement. Use of the Reward Dollars you earn as a part of the Ambit Ultimate Perks Program is governed by additional and separate "Terms of Use", which shall be available to you when accessing your Reward Dollars, and which you shall be asked to accept whenever you use your Reward Dollars.

Cancelling The Ambit Ultimate Perks Program is Not Necessary. Because the Ambit Ultimate Perks Program is free, there is no reason for you to contact the Ambit Ultimate Perks Program to cancel your Ambit Ultimate Perks Program reward. If you do not like the Ambit Ultimate Perks Program, you can simply choose not to use the Ambit Ultimate Perks Program. If you were given access to the Ambit Ultimate Perks Program as a result of your affiliation with or purchase from some third party entity, and wish to inquire about that affiliation or purchase, you should contact that third party entity directly.

No Warranty/Limitation of Liability. You agree that the Ambit Ultimate Perks Program, its subsidiaries and affiliates, and each of its officers, directors, owners, and employees, along with the provider/host/administrator of the Site ("Company Parties") are not responsible or liable for any benefits, goods or services provided by any participating vendors. If you have any claims relating to such benefits, goods or services provided by a participating vendor, you agree to make your claim against the vendor providing the benefit, good or service. You will not consider the Company Parties (and the Company Parties will not be construed as) a party to such transactions, whether or not Company parties may have received some form of revenue or other remuneration in connection with such transactions, and the Company Parties will not be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transactions. The Company Parties assume no responsibility for the payment of, or contribution to, any use or sales tax on the benefits, which may be imposed by taxing authorities, and such taxes, to the extent imposed, shall remain your sole responsibility or that of the provider of the benefits, as the case may be.

This Site is provided on an "as is" and "as available" basis with no warranties whatsoever. THE COMPANY PARTIES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO USE OF THIS SITE OR ANY OF THE BENEFITS, PRODUCTS OR SERVICES OR RELATED INFORMATION PROVIDED TO YOU FROM COMPANY OR FROM OUR PARTICIPATING VENDORS. COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE BENEFITS, PRODUCTS, SERVICES AND MATERIALS FROM THIS SITE OR THE PARTICIPATING VENDORS IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM THIS SITE OR OUR PARTICIPATING VENDORS SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.

UNDER NO CIRCUMSTANCES SHALL COMPANY PARTIES’ LIABILITY EXCEED WHAT YOU HAVE PAID TO THE MONTHLY SHOPPING & DINING DOLLARS REWARD PROGRAM OR TO THE COMPANY PARTIES (WHICH IS NOTHING), AND UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE BE LIABLE TO YOU OR A THIRD PARTY FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, THIRD PARTY OR CONSEQUENTIAL, EVEN IF COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE COMPANY DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITE. THE COMPANY DOES NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED AND ERROR FREE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SITE.

Indemnification. You agree to indemnify, hold harmless and, at our option, defend the Company Parties from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable attorneys fees and expenses) arising from your improper use of this Site, your violation of this Agreement, or your infringement, or the infringement or use of any Intellectual Property Rights (as defined herein).

Links. The Site may contain links to other web sites. The Company Parties does not control such other web sites and is not responsible or liable for the availability thereof or the products, services or other materials contained on such web sites. The Company Parties shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any user in connection therewith. Your access and use of linked web sites, including the products, services and materials therein, is solely at your own risk.

Intellectual Property. You hereby agree and acknowledge that the Company Parties own all right, title and interest in and to this Site, including, without limitation, all Intellectual Property Rights. "Intellectual Property Rights" means any and all rights under patent law, copyright law, trade secret law, trademark law, and any and all other proprietary rights. You acknowledge that all marks that appear throughout the Site belong to the Company Parties, or the respective owners of such marks, and are protected by applicable trademark and copyright laws. Any use of any of the marks appearing throughout the Site without the express written consent of the Company Parties or the owner of the mark, as appropriate, is prohibited.

Severability/Waiver. In the event any provision of this Agreement is determined to be invalid or unenforceable by a court of competent jurisdiction or appointed arbitrator, such determination shall in no way affect the validity or enforceability of any other provision herein. The failure by us to exercise rights granted to us hereunder upon the occurrence of any violations set forth in this agreement shall not constitute a waiver of such rights upon the recurrence of such violation.

Arbitration. All legal issues arising from or related to the use of your account and this Site shall be construed in accordance with the laws of the State of Delaware applicable to contracts entered into and wholly to be performed within Fairfield County, Connecticut. Any controversy or claim arising out of or relating to this Agreement or your use of the Site shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association ("AAA"). Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of another party. The arbitration shall be conducted in Connecticut, in Fairfield County and judgment on the arbitration award may be entered into in any state or federal court in Connecticut having jurisdiction thereof. Notwithstanding the applicable law on statute of limitations, demand for arbitration with the AAA must be filed within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. (If applicable law prohibits a one-year limitations period for asserting claims, the claim must be asserted within the shortest time period in excess of one year that is permitted by applicable law.) The use of your account and this Site and the terms of this Agreement shall be governed exclusively by the laws of the State of Delaware and the Federal Arbitration Act, without regard to conflict of laws provisions. By using the Site and thereby agreeing to the Agreement, you hereby consent to the personal jurisdiction and venue in the state and federal courts sitting in the State of Connecticut.

Assignment. We may assign our rights and obligations under this Agreement. This Agreement will inure to the benefit of our successors, assigns and licensees.

Entire Agreement. This Agreement, plus any provision in your customer contract/agreement with the sponsor of the Ambit Ultimate Perks Program, and the Reward Dollars Terms of Use, constitute the entire agreement between you and the Company Parties relating to the subject matter herein.

Feedback. If you have comments on the Site or ideas on how to improve it, please email customersupport@ambitultimateperks.com. Please note that by doing so, you also grant the Ambit Ultimate Perks Program permission to use and incorporate your ideas or comments into the Site without compensation. Customer Service. If you have any questions or concerns about your account and/or the Site, contact us at customersupport@ambitultimateperks.com.We are glad to help. For full contact information for Customer Service, visit: https://www.ambitultimateperks.com.

Ambit Ultimate Perks recognizes the importance of protecting the privacy of all information provided to us and to the providers and partners associated with Ambit Ultimate Perks through the use of our services and related websites. We created the following policy guidelines with a fundamental respect for your right to privacy to guide our relationship with our users, visitors, customers, or any other consumers who use any of the websites, services, or benefits (collectively or individually, "you", "your", or "Consumers")., framed in pages, co-branded microsites, services, or applications owned or provided to them by Ambit Ultimate Perks (the "Sites").

1. The Information Ambit Ultimate Perks Collects

Ambit Ultimate Perks may collect information before or after you sign up, place an order, submit information, or redeem benefits.

- Consumer Provided Information: When you visit the Sites, you may provide to Ambit Ultimate Perks what is generally called "personally identifiable" information (such as your name, email address, postal mailing address, and home/mobile telephone number, etc.). In addition, you may have the option of providing us with certain demographic information about yourself (such as age, gender, household compensation, interests, zip code, state, shopping habits, etc.).
- "Cookies" Information: When you visit the Sites, we may send one or more cookies - a small text file containing a string of alphanumeric characters - to your computer. Ambit Ultimate Perks uses both session cookies and persistent cookies. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to the Sites. These persistent cookies can be removed, but each web browser is a little different. So, please review your browser "Help" file to learn the correct way to modify your cookies setup.
- "Automatically Collected" Information: When you use the Sites or open one of our emails, we may record certain data using technology, including "clear gifs" or "web beacons," cookies (discussed above), IP addresses, unique "device IDs" (similar to IP addresses), and log files. "Automatically collected" data includes Sites use activity, web browser type, the website that referred you to us, the web pages you viewed on the Sites, and the dates and times that you visited the Sites.
- Provider Provided Information: When Ambit Ultimate Perks connects you with various benefits and services provided on the Sites, sometimes, it may share unique identifiers with those benefit and service providers (customer number, zip code, etc.) in order to facilitate the Consumer's access to the benefits and services.

2. The Way Ambit Ultimate Perks Uses Information

- Ambit Ultimate Perks uses the information that we collect to operate, maintain, and provide to you all of the benefits and services found on the Sites associated with your account, and for other non-marketing or administrative purposes such as notifying you of major service updates, sending you messages from the Sites, or for customer service purposes.
- Ambit Ultimate Perks uses all of the information that we collect from our Consumers to understand the usage trends and preferences, to improve the way the Sites work and look, to improve our marketing and promotional efforts, and to create new features and functionality.
- Ambit Ultimate Perks uses "automatically collected" data to (a) process and record services, benefits, and bonus use and redemption activity; (b) store information so that you will not have to re-enter it during your visit or the next time you use the Sites; (c) provide custom, personalized coupon promotions, advertisements, content, and information; (d) monitor the effectiveness of marketing campaigns; (e) monitor aggregate usage metrics such as total number of visitors and pages viewed; and (f) process billing activity on your behalf.
- Ambit Ultimate Perks will not use your email address or other personally identifiable information that you provide directly to us to send promotional or marketing messages from third parties unless that is disclosed to you or unless you are provided an opt-out option.

3. When Ambit Ultimate Perks Discloses Information

- Ambit Ultimate Perks discloses both "personally identifiable" and "automatically collected" information to our providers, affiliated companies, or other businesses or persons to process such information on our behalf, to provide website maintenance and security, to enable Ambit Ultimate Perks to fulfill benefit and services request, to offer certain features on the Sites, to assist us in improving the way the Sites work and look, and to create new features. We require that these parties agree to process such information in compliance with our Privacy Policy. We use reasonable efforts to limit their use of such information, and we require these parties to use any other appropriate confidentiality and security measures.
- We do not share "personally identifiable" information with other third-party organizations for their marketing or promotional uses without your consent except as part of a specific program or feature for which you will have the ability to opt-out.
- We may disclose Customer information if required to do so by law or in the good-faith belief that such action is necessary to comply with state and federal laws or respond to a court order, judicial or other government subpoena, or warrant.
- We also reserve the right to disclose Customer information that we believe, in good faith, is appropriate or necessary to take precautions against liability; protect Clients from fraudulent, abusive, or unlawful uses; to investigate and defend ourselves against any third-party claims or allegations; to assist government enforcement agencies; to protect the security or integrity of the Sites; and to protect against fraudulent uses, the rights, property, or personal safety of Ambit Ultimate Perks, our Clients, or others.

4. Your Choices

We provide you the opportunity to 'opt-out' of having your personally identifiable information used for certain purposes, when we ask for this information. If you no longer wish to receive our email alerts and promotional communications, you may opt-out of receiving them by following the instructions included in each email or communication, by doing so when logged in as a customer, or you may contact us using the online Customer Support tools.

In some cases if you decline to share personal information on the Sites Ambit Ultimate Perks will not be able to provide certain services to you on the Sites. You may update, correct, or delete your personal information and preferences at any time by going to the edit profile section of the Sites. To protect your privacy and security, we take reasonable steps to verify your identity before granting access to personal information or before making corrections. YOU ARE RESPONSIBLE FOR MAINTAINING THE SECRECY OF YOUR UNIQUE PASSWORD AND ACCOUNT INFORMATION AT ALL TIMES.

5. Third-Party Advertisers, Links to Other Sites

Third-party ad servers or ad networks may serve advertisements within the Sites. These third-party ad servers or ad networks use technology to send, directly to your browser, the advertisements and links that appear on the Sites. These ad servers automatically receive your IP address when this happens, and they may also use other technologies (such as cookies, javascript, or web beacons) to measure the effectiveness of their advertisements and to personalize their advertising content. Ambit Ultimate Perks's Privacy Policy does not apply to, and we cannot control the activities of, such other advertisers or websites.

6. Our Commitment to Data Security

Ambit Ultimate Perks uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. WE CANNOT, HOWEVER, ENSURE OR WARRANT THE SECURITY OF ANY INFORMATION YOU TRANSMIT TO Ambit Ultimate Perks, AND YOU DO SO AT YOUR OWN RISK. Once we receive your transmission of information, Ambit Ultimate Perks makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.

7. Our Commitment To Children's Privacy

Protecting the privacy of young children is especially important. For that reason, Ambit Ultimate Perks does not knowingly collect or maintain information from persons under 13 years of age, and no part of the Ambit Ultimate Perks Sites are structured to attract anyone under 13. If you are under 13 years of age, then please do not use or access the Sites at any time or in any manner. If Ambit Ultimate Perks learns that personally identifiable information of persons under 13 years of age has been collected on the Sites without verified parental consent, then Ambit Ultimate Perks will take the appropriate steps to delete this information.

8. Special Note to International Users

The Sites are hosted in the United States and are intended for and directed to users in the United States. If you are a Customer accessing the Sites from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure that differ from United States laws, please be advised that through your continued use of the Sites, which are governed by U.S. law and this Privacy Policy, you are transferring your personal information to the United States and you consent to that transfer.

9. In the Event of Merger or Sale

In the event that Ambit Ultimate Perks is acquired by or merged with a third-party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from our Consumers as part of such merger, acquisition, sale, or other change of control.

10. Changes and Updates to this Privacy Policy

This Privacy Policy may be revised periodically, and this will be reflected by the "last modified" notice below. If we decide to change our privacy policy, we will post those changes to this privacy statement, the homepage, and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We reserve the right to modify this privacy statement at any time, so please review it frequently. If we make material changes to this policy, we will notify you here, by email, or by means of a notice on our homepage. In general, we only use your personal information in the manner described in the Privacy Policy in effect when we received that personal information. YOUR CONTINUED USE OF THE SITES CONSTITUTES YOUR AGREEMENT TO THIS PRIVACY POLICY AND ANY FUTURE REVISIONS.

11. Effective Date, Date Last Modified

This Privacy Policy is effective as of April 1, 2014.