Relationships and Program Structure
Thanks Again, LLC, a Delaware limited liability company (“Thanks Again”) has entered into an agreement with Delta Air Lines (“Delta”) which authorizes Thanks Again to establish a program (the “Thanks Again Rewards Program”) which will award SkyMiles® reward credit to members (“you”) when you use the services of one of the exclusive merchants that are part of the Thanks Again network (the “Participating Rewarding Merchants”). To receive reward credit, you need to be a member in good standing with Delta’s SkyMiles program, agree to these terms and conditions, register one or more credit or debit cards with Thanks Again, and then use such credit or debit card at a Participating Rewarding Merchant (a “Qualified Transaction”). You may register up to one hundred credit and/or debit cards that have been issued to you. Some credit cards issued on behalf of corporations for their employees may not be eligible for participation.

Prior to making purchases at Participating Rewarding Merchants, you must check the zip code locator at www.thanksagain.com/locator to verify the rewards currently being offered at each location. You must also check the zip code locator to confirm the card types (e.g. MasterCard, Visa, Diner’s Club, American Express, or Discover) that are eligible for rewards at a particular Participating Rewarding Merchant. Not all card types are eligible for rewards at every merchant and not all rewards are offered at every merchant. Registered cards must be used at participating merchants as credit card transactions, not PIN or ATM based transactions, to qualify for rewards. To receive reward credit for online purchases, you must first log into your Thanks Again member account at www.thanksagain.com/login -- and then click on designated online links to online Participating Rewarding Merchants -- so that Thanks Again can properly validate your online purchase and credit your account with your earned rewards.

The Thanks Again Rewards Program includes merchants from more than one industry and Thanks Again may add or remove industry categories and/or individual Participating Rewarding Merchants and the network of Participating Rewarding Merchants is subject to change. If your original enrollment was the result of an industry-specific solicitation (e.g., dry cleaning) from a Participating Rewarding Merchant, reward provider, or from Thanks Again, you will automatically start earning rewards in other industry categories, subject to eligibility requirements, limitations, and restrictions.

With certain Participating Rewarding Merchants (e.g., auto dealers), rewards will be provided only up to a specified per transaction limit, even if the transaction amount is greater than the specified limit. In the case of auto dealer sales, parts, and service, for example, rewards are typically calculated only on the first $2,500 for each transaction. You are prohibited from splitting transactions into multiple transactions for the purpose of circumventing this limitation. Per transaction limits and other merchant-specific restrictions, if any, will be specified below the merchant name, address, and phone number on the zip code locator at www.thanksagain.com/locator.

Please allow at least 6-8 weeks for your rewards to be posted. In the event that reward credit for a Qualified Transaction does not appear on your SkyMiles account statement, contact Thanks Again at customer.service@thanksagain.com. Ensure that you retain your original receipts or credit card statements so that Thanks Again can verify that your use of a card was a Qualified Transaction. Correspondence to Thanks Again should include your name and member number, and be sent to the above e-mail address or sent via U.S. Mail to the Thanks Again address below within 120 days of the original transaction. Requests sent in after the 120-day period or which otherwise do not comply with the foregoing requirements will not be considered.

While Thanks Again provides Delta with accrual information regarding rewards earned by you under the Thanks Again Rewards Program, Delta does not control or guarantee the Thanks Again Rewards Program or that Thanks Again will properly process or compute the number of earned rewards under the Thanks Again Rewards Program. Rewards and Bonus Offers are subject to the terms and conditions of the SkyMiles program, as applicable. All SkyMiles program rules apply. To review the rules, please visit delta.com/skymiles.

None of the Participating Rewarding Merchants is affiliated with Delta, and Delta does not make any representations as to the quality of their products or services, or guarantee their performance. Similarly, the relationship between Thanks Again and the Participating Rewarding Merchants is generally limited to the Participating Rewarding Merchants’ participation in the Thanks Again Rewards Program. Thanks Again selects Participating Rewarding Merchants based in part upon Thanks Again’s belief that the Participating Rewarding Merchants consistently provide first class products and service. However, Thanks Again does not guarantee their performance. If you have a problem with one or more products or services provided by a Participating Rewarding Merchant, please contact the proprietor of that Participating Rewarding Merchant. If you believe that a Participating Rewarding Merchant does not provide first class service products or services, please contact Thanks Again so that we may re-evaluate their participation in the Thanks Again Rewards Program.

The Thanks Again Rewards Program does not control or guarantee the SkyMiles program. Thanks Again will work with you to ensure that earned rewards for Qualified Transactions appear on your SkyMiles member account statement. However, once such rewards are so registered with the SkyMiles program, the reward credit is not governed by any agreement between you and Thanks Again or between you and any Participating Rewarding Merchant, and is solely governed by the SkyMiles program terms and conditions. Thanks Again does not have any authority to change the SkyMiles program’s terms and conditions. These terms and conditions do not govern the benefits, if any, associated with the SkyMiles reward credits. Rather, the use of the reward credits and the benefits, if any, associated with the SkyMiles rewards, are governed by and subject to the terms and conditions of the SkyMiles program operated by Delta in connection with the SkyMiles rewards. Thanks Again shall have no liability or obligation and shall not be responsible in any way whatsoever in the event that the SkyMiles reward credits are not honored by Delta (either because Delta ceases operations, the SkyMiles program terminates, or any other reason) or in the event that limitations and/or restrictions are placed on the use of SkyMiles reward credits.

Data and Receipt Requirements
Thanks Again relies upon data feeds from the Participating Rewarding Merchants and certain credit card transaction processing companies for data on Qualified Transactions and payment from the Participating Rewarding Merchants. Thanks Again may also rely upon certain credit card transaction processing companies for data obtained directly from the bank associations (e.g., Visa or MasterCard) with regard to Qualified Transactions. Thanks Again will take commercially reasonable steps to ensure that data feeds and payment with regard to all Qualified Transactions are obtained. However, Thanks Again will not be obligated to purchase reward credits with regard to any Qualified Transactions for which Thanks Again does not receive complete and accurate data and payment from the Participating Rewarding Merchants, regardless of the reason. In addition, Thanks Again relies upon you to keep your Thanks Again Rewards Program registration information updated so that your first and last name and member account number match the registrations of the SkyMiles program. If you do not keep your registration information updated and matched between your SkyMiles and Thanks Again Rewards Program registrations, your reward credits will not be credited.

The agreements that Thanks Again enters into with Participating Rewarding Merchants require the Participating Rewarding Merchants to notify Thanks Again in advance of the Participating Rewarding Merchant ending its participation in the Thanks Again Rewards Program. Thanks Again will remove any such merchants from the listing of Participating Rewarding Merchants on the Thanks Again Rewards Program web pages and zip code locator. The agreements between Thanks Again and Participating Rewarding Merchants also prohibit the Participating Rewarding Merchants from using Thanks Again’s marks and logos or to otherwise indicate that they are a Participating Rewarding Merchant if they are not participating in the program. We also take commercially reasonable steps to ensure that no others are displaying our logos or indicating that they are participants in the Thanks Again Rewards Program if they are not. However, Thanks Again does not guarantee that every merchant displaying our logos or listed as a Participating Rewarding Merchant is then currently a member of the Thanks Again Rewards Program, or that they will submit data and payment for Qualified Transactions. Please e-mail or write us if you believe there were Qualified Transactions for which you did not receive credit so that we may keep our listings up to date and prevent unauthorized use of the Thanks Again Rewards Program logos. Thanks Again uses the services of one or more data processing companies to compute the reward credits for each Qualified Transaction. Thanks Again will use commercially reasonable efforts to ensure that the data processing companies provide complete and accurate computations. However, in the event of errors or omissions, either in the processing or the transmission of the data, Thanks Again will correct such errors or omissions, and in the event that your SkyMiles account was incorrectly credited with rewards, Thanks Again may adjust the transaction with the SkyMiles program or deduct the amount of the error from future reward credit computations.

Program Participation Exclusivity
Please note that Thanks Again, or its affiliates or business partners, may operate other reward programs in which the Rewarding Merchants participate, such as reward programs for additional airlines or reward providers. You are not allowed to register the same card with more than one such program. In the event that a single card becomes so registered, Thanks Again will be entitled to deny, revoke, or deduct from later credits any reward credits earned under this program on a card that is registered on more than one program. These Terms and Conditions do not govern such other reward programs.

Merchant fees for credit cards vary from card to card. In addition, other companies may operate rewards programs in which Participating Rewarding Merchants participate, and incur fees on each transaction. Participating Rewarding Merchants, in their discretion, may decline to accept a card for payment if they determine that the total of all fees incurred by the Participating Rewarding Merchant on the transaction is excessive. Thanks Again does not guarantee that any Participating Rewarding Merchant will accept any particular registered card.

Web Site Use Terms
All information provided on the pages Thanks Again hosts for participants in the Thanks Again Rewards Program (the “Web Pages”) is subject to change without notice. While efforts have been made to make the Web Pages helpful and accurate, due to the open nature of the Web Pages, and the potential for errors in the storage and transmission of digital information, Thanks Again does not warrant the accuracy of the information. Thanks Again does not provide a warranty regarding virus-free use of Web Pages or use of any third party software, files, data or images downloaded from the Web Pages. Due to the frequent emergence of new viruses, procedures and precautions taken by Thanks Again still cannot ensure safety at all times. Therefore, you should follow standard practices for ensuring safety of your computer(s) and data, including but not limited to, installing the latest virus detection software on your computer(s) and configuring it to trap viruses at download time. The Web Sites may contain links to third party services and resources. Thanks Again does not control the availability and content of these third party sites. The existence of a link to a third party site does not constitute an endorsement or recommendation by Thanks Again of the third party or the third party’s site. While Thanks Again is proud to provide the Web Pages, you must receive Thanks Again’s prior written permission before creating a link to the Web Pages. Please contact us to request to link to the Web Pages or to use Thanks Again’s trademarks. Any unauthorized links or false or misleading uses of the Web Pages or Thanks Again’s trademarks or service marks is prohibited. You shall not post or transmit through the Web Sites any material that violates or infringes in any way upon the rights of others, that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, that constitutes hate speech intended to insult any race, skin color, religion, sexual orientation, or national origin, or is otherwise objectionable, or that encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law, or that contains any computer viruses or computer programs that are intended to damage, detrimentally interfere with, or surreptitiously intercept or expropriate any system data or information. Any conduct by you that, in Thanks Again’s sole discretion, restricts or inhibits any other member from enjoying the Web Pages, will not be permitted. You shall not use the Web Pages to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of members of Thanks Again Rewards Program to become users, members or customers of other services. You may not use the Thanks Again Rewards Program or the Web Pages to sell a product or service or to increase traffic to your web sites for commercial reasons.

Use of Your Information
Thanks Again will use the information you provide upon registration or otherwise, including your name, address, e-mail address, telephone number, any other contact information and your credit card information (collectively, your “Personal Information”) to administer the Thanks Again Rewards Program, including, without limitation, sending you e-mails regarding your account. Thanks Again will not sell or otherwise deliberately provide your Personal Information to anyone unrelated to Thanks Again for the purpose of soliciting you for products or services unrelated to the Thanks Again Rewards Program, except as allowed by you pursuant to your agreement to the “opt-in” options on the member enrollment web page or otherwise. Thanks Again’s communications with the Participating Rewarding Merchants may include your Personal Information. In administering the program, Thanks Again will share your Personal Information with Delta and one or more data processing companies. Delta’s privacy policy is located on the Delta website. If you would like to review the privacy policies of the data processing companies that Thanks Again does or may work with, please contact Thanks Again.

Ownership of Intellectual Property
Unless otherwise expressly noted, all materials, including, without limitation, all images, illustrations, designs, icons, photographs, software, video clips, and written and other materials that are part of the Thanks Again Rewards Program (including, without limitation, the Web Pages) are protected by copyright, trademarks, trade dress and/or other intellectual properties owned by or licensed to Thanks Again.

The Delta and SkyMiles logos and marks are registered trademarks of Delta Air Lines, used by Thanks Again with permission, and Thanks Again cannot and does not grant any right for participants or Web Page visitors to use these marks.

“Thanks Again” is a service mark owned by Thanks Again and Thanks Again does not grant any right for participants or Web Page visitors to use this mark. All rights in the intellectual property that is part of or contained in the Thanks Again Rewards Program including copyright, trademarks, trade secret and patent rights are reserved. You covenant that you will take no action to register or otherwise interfere with or challenge such intellectual property rights. Thanks Again hereby authorizes you to make a single printed copy of the Web Pages for your use in learning about, evaluating, or participating in the Thanks Again Rewards Program. No other permission is granted to you to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify, create derivative works from, compile facts or information from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the information. You may not use any robot, spider or other automatic device, nor may you use any manual process, to monitor materials available through the Web Pages.

Taxes
You are responsible for any tax consequences resulting from your receipt of reward credits. Thanks Again may report such reward credits to the relevant tax authorities.

Bonus Offers
From time to time, limited time Bonus Promotions (“Bonus Offers”) may be available. To qualify for Bonus Offers, you must check the relevant web pages contained on www.thanksagain.com or the relevant secondary web page(s) to review the terms of the Bonus Offers currently in effect. Each Bonus Offer typically has an associated spending threshold that must be met in order for you to qualify for the Bonus Offers. If you have a question about the Bonus Offers currently in effect, contact customer.service@thanksagain.com.

Member Comments and Submissions
All comments and other information submitted, conveyed or offered to Thanks Again (collectively, the “Comments”) shall be and remain Thanks Again’s property and may be reprinted or otherwise used by Thanks Again without your additional permission. You agree that no Comments or any other submission submitted to the Web Pages will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments or other submission submitted by you to the Web Pages will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.

Changes to These Terms and Conditions
Thanks Again may, from time to time, change these Terms and Conditions, change the reward credit allocation formula, or otherwise change or terminate the entire Thanks Again Rewards Program. The changed terms shall be effective immediately upon posting to the Web Pages. Any use of the Thanks Again Rewards Program by you after such notice shall be deemed to constitute acceptance by you of the Changed Terms. Either you or Thanks Again may terminate this agreement at any time, with or without cause. Notice is effective upon receipt of written notification from the party wishing to terminate this agreement.

Dispute Resolution
Any claim, dispute or controversy arising out of or relating to the Thanks Again Rewards Program (collectively, the “Claim”), will be referred to and determined by binding arbitration (to the exclusion of the courts). You agree to waive any right you may have to commence or participate in any class action against us related to any claim and, where applicable, you also agree to opt out of any class proceeding against us.

If you have a Claim, you must give written notice to Thanks Again of your intention to arbitrate. If Thanks Again has a Claim, Thanks Again will give you notice to arbitrate at your address. Arbitration of claims will be conducted in Atlanta, Georgia in such forum and pursuant to such rules as Thanks Again and you agree upon, and, failing agreement, will be conducted by one arbitrator pursuant to the laws and/or rules relating to commercial arbitration in the State of Georgia that are in effect on the date of the notice to arbitrate. This agreement is governed by and shall be construed in accordance with the laws of the State of Georgia, without regard to the choice of law provisions, and you and Thanks Again hereby submit to the exclusive jurisdiction of the courts of the State of Georgia.

Contacting Thanks Again
Thanks Again may be contacted at the following address:

Thanks Again
1130 Senoia Road, Suite A-4
Tyrone, GA 30290
Attention: Customer Service
customer.service@thanksagain.com
Facsimile:  (770) 456-5966

The Terms and Conditions were last revised on April 20, 2008.