|
Please visit
Intrade.com to see how political markets function as it will help you
understand how the money back guarantee is possible. These
markets are futures markets similar to financial or
commodity markets, but are distinct as there are no physical goods
being exchanged. Note, that Centrist Messenger is not trading these
futures or indirectly taking a speculative position on the outcome
of the election. Centrist Messenger is only an advertising company. Our partner, Event Futures, LLC simply hedges our
risk so that we have sufficient funds to honor our money back
obligations no matter who wins.
Money Back Policy Summary:
Centrist Messenger will issue a refund of the purchase price of the advertisement, if
and only if the single candidate that you selected as being supported by your ad does not win the general presidential election of the United States
and the other candidate wins. This refund
only applies to Obama and McCain. Our partners to hedge risks related to the election
itself between Obama and McCain. Our partners provide a political
hedge, not insurance on the life or health of the candidate. We
cannot provide financial protection against acts of terrorism, party
or God that would lead to different candidates in the election. If
another person becomes the major party candidate, we cannot offer a
refund. Therefore, very specifically, we only deal with two most likely
scenarios, One, McCain wins the election; Obama supporters as marked
on their ad purchases get their money back. Two, Obama wins the
election; McCain supporters as marked on their ad purchases get
their money back. For more details, please review the agreement
below. A detailed notice of key terms and effective dates will also
be provided by email to all customers who complete a transaction.
Refunds will most likely be checks sent to the address listed on the
purchase form. When efficient, we will simply reverse the credit
card charges. Assuming normal election determinations, these
payments should be made in mid November, but may be as late as
December due to electoral college formalities.
Money Back agreement:
This Money Back Agreement ("MBA") is an
agreement between Centrist Messenger, LLC, a Delaware company, Event
Futures, LLC, a Federation of Nevis and St. Kitts company, and the
Customer (identified as each natural person completing and meeting
all required legal disclosures, FEC regulations qualifying that
person to make independent expenditures, and other
requirements including completing payment with a credit card that
matches the name and address of the natural person making legal
independent expenditures. Any person or entity that uses the
Centrist Messenger, LLC site or any of its services, but does not
meet the criteria of a Customer is defined as a User. All Customer
and Users agree that the effective date of this agreement is upon
the first day of use of the Centirst Messenger, LLC web sites or
services. This agreement was written and posted as of September 8,
2008. All Users agrees that they have no right or claim to any
refunds, payments, or other compensation in any election outcome or
event. All Customers and Users agree to be bound by the terms of
this MBA. All Customers and Users agree that the jurisdiction for
any dispute related to the MBA will be the Federation of Nevis and
St. Kitts as Event Futures, LLC provides the hedging services that
enable the money back feature. For all other issues of simple
performance by Centrist Messenger, LLC of the Customer request to
play the purchased advertisement will be determined to occur in and
be within the jurisdiction of the State of Delaware. All Customers
and Users agree that in the event of any dispute, the forum for
resolution will be mediation using a professional mediation firm
selected by Centrist Messenger. The Customer acknowledges that
Centrist Messenger, LLC and Event Futures, LLC are limited in
liability to the assets in possession of the respective companies,
and the Customer or User waives all claims to the assets of the
owners or members of the LLC. The following are terms that each
Customer agrees to and represents to understand about the functions
and process of any money back.
EFFECTIVE DATES: Centrist Messenger will notify each
customer of the effective date of the money back guarantee. We
try to complete this notification within 7 business days. However,
in the event that we cannot provide and effective date within 10
business days, we will cancel the advertising transaction and refund
the purchase price. Centrist Messenger's agreement with Event
Futures, LLC only covers transactions a week after they are
initiated. In most cases the political markets are stable enough
that the delay is not of material concern. However, political
futures markets are like any other markets and may face substantial
variations. In the event that Event Futures, LLC cannot provide the
hedge to Centrist Messenger, we cannot in good faith accept the
advertising transaction.
WINNER DETERMINATION: The winner will be determined by Centrist Messenger’s review of all applicable public sources including national media organizations, individual state Board of Elections and state Secretary of State, and state or US Supreme Court rulings. Centrist Messenger anticipated making this determination in its sole authority by December 15
but may make it as early as November 5th 12:01am EST at its sole
discretion (“Determination”). However, if recounts or other issues delay the clear winner, Centrist Messenger may delay the Determination until clarity of the victor is established. Furthermore, once Centrist Messenger makes its Determination of the winner, the decision will not be reversed due to unforeseen circumstances following Centrist Messenger’s Determination, i.e. terrorist attack, assassination, or other act of man or God. Following Centrist Messenger’s Determination of the winner which will be announced on the web site, money will be returned in full to those individuals whose candidate selected as being supported by their ad did not win the presidential election. Fund will be dispersed by the most efficient means determined by Centrist Messenger which may include reversal of payment on a credit card, check, money order, pre-paid check card, or other tender type that is equivalent to these monetary instruments. Refunds will be provided or sent given address filed during the original purchase.
ELECTION POSTPONMENT If the election is postponed until another date, then the Determination date will be moved according.
RETURN OF FUNDS: For Customers who are
qualified to receive a return of funds as determined above, funds
will be dispersed by the means determined by Centrist Messenger in
its sole discretion. The funds will be returns in US currency
through check, credit card refund, direct bank deposit, wire, or
other negotiable instrument that has value equivalent to cash. The
funds will be returned to the person and address listed in the
purchase process. Centrist Messenger, LLC will not be held liable
for any falsifications on the initial purchase. Furthermore, the
Customer agrees that if Centrist Messenger sends a check to the
listed address or refund the credit card, that Centrist Messenger,
LLC is not liable for address changes, changes in credit card
ownership, or other scenario where Centrist Messenger, LLC acts in
good faith to return funds based on the information on file.
COUNTER PARTY RISK: Centrist Messenger,
LLC's agreement with Event Futures, LLC contains limitations based
on counter party risk that Event Futures, LLC faces as it engages in
transactions on political futures exchanges like Intrade, PLC.
Exchanges are by their nature dependant on each exchange participant
fulfilling their obligations and on the continued operation of the
exchange to guarantee the trades of the participants. While Event
Futuers, LLC believes in the stability of the exchanges used, a
failure of the exchange, regulatory action, or other event, or Act
of God may prevent Event Futures, LLC from fulfilling its
obligations to Centrist Messenger, LLC. In the event, Centrist
Messenger, LLC will not able to fulfill its customer obligations for
the refund of advertising purchases due to exchange failure, the
Customer and Users agree have no further obligations to provide the
refund and that the Customers waive all rights to pursue actions
against Centrist Messenger, LLC, Event Futures, LLC or an members or
owners there of. The Customer retains the right to participate in
any settlement or refund from these exchanges pro rata to their
loses they experienced.
SEVERABILITY:If any provision of this
Agreement is found to be invalid or unenforceable, the remaining
provisions shall be enforced to the fullest extent possible, and the
remaining provisions of the Agreement shall remain in full force and
effect.
|