Bullion Club Terms and Conditions
Effective Date: January 17, 2024.
The Bullion Club (“Program”) is a free rewards program offered by APMEX, LLC to its customers located in the United States. The terms “APMEX,” “we,” “us” and “our,” as well as similar terms, in this User Agreement refer to APMEX LLC.
PLEASE CAREFULLY AND COMPLETELY READ THESE TERMS, WHICH GOVERN THE PROGRAM AND YOUR LEGAL RIGHTS UNDER THE PROGRAM. IF YOU DO NOT AGREE WITH THESE TERMS, YOU SHOULD NOT PARTICIPATE IN THE PROGRAM.
THIS PROGRAM IS CURRENTLY THE EXCLUSIVE LOYALTY PROGRAM OPERATED BY APMEX AND THESE TERMS SUPERSEDE ALL PRIOR DESCRIPTIONS AND DISCUSSIONS OF LOYALTY PROGRAMS.
THE PROGRAM INCORPORATES, AMONG OTHER PROVISIONS, SECTION 11(E) OF THE USER AGREEMENT, WHICH INCORPORATES BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE CERTAIN TYPES OF DISPUTES, EXCEPT AS PROVIDED IN THAT SECTION. YOU ARE AGREEING TO RESOLVE DISPUTES WITH US IN ACCORDANCE WITH THAT SECTION AND ARE WAIVING YOUR RIGHTS TO HAVE A COURT PROCEEDING AND A JURY TRIAL OR TO TAKE PART IN A CLASS ACTION.
Our affiliates may also, from time to time, have similar customer loyalty programs. Membership in the Program does not confer any benefits or rights under those customer loyalty programs and membership in those customer loyalty programs does not confer any benefits or rights under the Program.
THESE TERMS ARE SUBJECT, UNDER SECTION 11, TO CHANGE BY US IN OUR DISCRETION.
- Purpose. The Program is one way in which we currently reward and thank our loyal customers for purchasing products from, and selling products to, us.
- Eligibility; Enrollment. In order to be eligible to participate in the Program, you must have a user account with us and you must be an individual, a legal resident of the United States and at least eighteen (18) years old. The Program is intended only for personal, non-commercial use and is limited to one (1) account per individual.
In order to participate in the Program, you must be enrolled as a participant in the Program. An eligible individual may enroll by visiting the www.apmex.conm website (“Website”) and following the prompts on the Website to enroll as a participant. You will be required to provide your first name, your last name and your email address; you are solely responsible for the accuracy of the information that you provide and for updating that information to keep it accurate.
An email address may only be associated with one participant in the Program.
There is no charge for enrollment in the Program.
- Membership Tiers. There are currently five (5) tiers of membership in the Program, each of which has its own qualifications for membership. A participant will initially be a member in the highest tier for which the participant meets the qualifications at the time of enrollment and, upon meeting the qualifications for a higher tier, a participant will automatically graduate to the higher tier.
The Program currently has the following five (5) tiers of membership:
First Tier (Select). The first tier is achieved upon enrollment in the Program. In order to be a member in the first tier, a customer of APMEX is only required to have enrolled in the Program.
Second Tier (Premier). In order to be a member in the second tier, a customer of APMEX is required either (a) to complete a minimum of ten (10) orders with APMEX or (b) to make aggregate purchases from, or aggregate sales to, APMEX of at least $10.000.
Third Tier (Elite). In order to be a member in the third tier, a customer of APMEX is required (a) to complete a minimum of fifty (50) orders with APMEX, (b) to make aggregate purchases from, or aggregate sales to, APMEX of at least $25,000 or (c) to open a “The Bullion Card™” account.
Fourth Tier (VIP). In order to be a member in the fourth tier, a customer of APMEX is required to make aggregate purchases from, or aggregate sales to, APMEX of at least $100,000.
Fifth Tier (VIP +). In order to be a member in the fifth tier, a customer of APMEX is required to receive an invitation from APMEX to join the fifth tier. The decision by APMEX to extend an invitation to a customer of APMEX to join the fifth tier will be made by APMEX, in its discretion, based on the volume of revenues generated by, and the number of transactions involving the customer, as well as other aspects of the customer’s relationship with APMEX, and will only be extended to customers that were among the 1,000 customers that generated the highest revenues for APMEX during the prior calendar year as determined by APMEX, in our discretion. APMEX may treat customers that generate similar levels of revenue and/or that have similar numbers of transactions differently, in our discretion.
A participant that becomes a member of a tier (other than the Fifth Tier (VIP +)) will, subject to these Terms, remain in that tier until the participant graduates to a higher tier. Membership in the Fifth Tier (VIP +) is only available to a customer that was among the 1,000 customers that generated the highest revenues during the prior calendar year and, if a customer that was in the Fifth Tier (VIP +) is not among that group in a subsequent year, that customer will be placed in Tier Four (VIP) for that subsequent year.
APMEX has the sole right to determine whether any purchase, sale or other transaction qualified for purposes of determining eligibility for tiers of membership. Purchases, sales and other transactions must be made on a retail basis, not a wholesale basis. Any exchanges or returns of products do not count for purposes of determining eligibility for tiers of membership. If a purchase, a sale or a transaction as a result of which a participant graduated to a level is canceled, decreased or reserved or the product purchased is exchanged or returned, the participant’s graduation may be reversed.
- Benefits. A member of a tier will be entitled to receive the benefits available to members of that tier as established from time to time by APMEX, in our discretion. The availability, the timing and the types of benefits, as well any restrictions on such benefits, will be determined by APMEX, in our discretion. Benefits may be provided for a limited time, while supplies last and/or on a first-come, first-served basis.
The benefits for each tier established from time to time by APMEX will be posted on the Website and may be published through other media (e.g., marketing communications, social media, etc.). You are responsible for reviewing the Website and other communications about benefits. APMEX is not responsible for any communication issues, including, without limitation, issues related to incorrect addresses or other contact information and issues related to malfunctions and technical issues.
The benefits may vary by tier and some tiers may be entitled to more benefits than other tiers.
The only benefits that a member is entitled to receive are the benefits expressly established by APMEX on the terms and subject to the conditions established from time to time by APMEX, which may include restrictions; some benefits may not be available in connection with certain other offers or programs or in connection with certain products. You are not entitled to receive any cash or any cash-equivalent in lieu of such benefits.
- Cancelation. You may cancel your membership in the Program at any time and you will be deemed to have canceled your membership in the Program if you close your user account with APMEX. Your cancelation of your membership will result in your loss of your status as a participant and the benefits to which you would otherwise be entitled under the Program.
- Communications. By enrolling in the Program, you consent to, and will automatically receive, marketing and Program-related email and other communications.
- Concerns. If you have concerns that any purchase, a sale or other transaction was not properly credited or that any activity under the Program was incorrect, you should contact us at firstname.lastname@example.org or 800.375.9006. You must clearly identify the activity, the purchase, the sale or the other transaction, as well as the issue about which you are concerned, and you must promptly provide any documentation or information that we request. Such contact must occur no more than seven days (7) days after the date on which the activity, the purchase, the sale or the other transaction took place. We are not responsible for matters on which you do not make a timely notification in accordance with these Terms.
- Determinations and Interpretations. All determinations with respect to the Program, including, without limitation, determinations on benefits and the terms and the conditions thereof and on membership eligibility, will be made by APMEX and APMEX may interpret these Terms from time to time. All such determinations and interpretations are being on participants in the Program.
- Exclusion and Suspension from Program. We may, at any time and from time to time, exclude any individual from, or suspend the participation of any individual in, the Program, without or without cause and regardless of whether you have an account with APMEX. Without limiting the generality of the foregoing, we may exclude, or suspend the participation of, an individual in the event of abuse, deception or fraud or in the event of a failure to comply with these Terms.
Your exclusion from the Program will result in your loss of your status as a members and the benefits to which you would otherwise be entitled and the suspension of your membership from the Program may result in your loss of the benefits of the Program for the period of such suspension.
Our right to exclude and/or to suspend an individual is in addition to, and not in lieu of, our other rights and remedies, all of which we expressly reserve.
- Combinations and Transfers. Only the enrolled individual may receive the benefits that are available to the individual under the Program. You may not combine your benefits with the benefits of any other person and you may not transfer, directly or indirectly, your benefits to any other person.
Your benefits do not have any cash value, are not your property and do not pass to your successors or assigns.
- Change and/Termination. We may, in our discretion and without prior notice (except as required by applicable law), change or terminate the Program or any term or any condition of the Program at any time and from time to time. Such changes may include, without limitation, changing and/or eliminating one (1) or more tiers.
You should periodically review the posted version of these Terms, noting the effective date, and other communications from us to determine if there have been any changes.
YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING ANY SUCH CHANGE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES.
- Governing Law. Any action arising out of, or relating to, the Program shall be governed by, and interpreted in accordance with, the federal laws of the United States and the laws of the State of Delaware, without regard to conflict of laws principles.
- Dispute Resolution. THE PROVISIONS OF SECTION 11(E) OF THE USER AGREEMENT, WHICH RELATE TO DISPUTE RESOLUTION AND CONTAIN CERTAIN LIABILITY LIMITATIONS, ARE EXPRESSLY INCORPORATED HEREIN. THAT SECTION WAIVES CERTAIN RIGHTS THAT YOU MAY HAVE AND YOU SHOULD CAREFULLY AND COMPLETELY READ THAT SECTION. [Link to Section 11(E)]
- LIMITATION OF LIABILITY. IN ADDITION TO ANY OTHER LIMITATIONS ON LIABILITY CONTAINED HEREIN OR IN THE USER AGREEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, OR IN CONNECTION, WITH YOUR PARTICIPATION IN THE PROGRAM, INCLUDING, WITHOUT LIMITATION, OUT OF, OR CONNECTION WITH, CHANGES TO, OR TERMINATION OF, THE PROGRAM. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND SPECIAL DAMAGES, WHETHER IN CONTRACT, WARRANTY, IN TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY FOR SUCH CLAIMS EXCEED ONE HUNDRED DOLLARS ($100.00).
YOU AGREE THAT NO CLAIMS OR ACTION IN CONTRACT, WARRANTY, IN TORT (INCLUDING NEGLIGENCE) OR OTHERWISE ARISING OUT OF, OR RELATED TO, YOUR PARTICIPATION IN THE PROGRAM, USE OF ANY BENEFIT OR THESE TERMS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU ARE DISSATISFIED WITH THE PROGRAM, TERMINATION OF YOUR MEMBERSHIP IN THE PROGRAM IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.
- Indemnification. You shall defend, indemnify and hold us, our parents, subsidiaries, affiliates, managers, officers, employees, and agents harmless for any cost, damage, expense, liability and/or obligation, including, without limitation, reasonable attorneys' fees, resulting from any third party action, claim or demand in connection with your participation in the Program in violation of any law, rule, regulation or these Terms.
- Severability. The provisions of the Program are to be interpreted in a manner that that makes them legal, valid and enforceable to the broadest possible extent. In the event that any provision is found to be partially or wholly invalid, illegal or unenforceable, such provision shall be deemed modified or restricted to the extent and in the manner necessary to render such provision valid, legal and enforceable. If such provision can not be so modified or restricted, such provision shall be deemed excised from the Program and the other provisions shall remain legal, valid and enforceable to the broadest extent permitted by applicable law.
- Notice of Financial Incentive/Bona Fide Loyalty Program Disclosure. When you enroll in the Program, we ask you to provide your name and contact information (an email address). Because the Program involves the collection of personal information and the offering of certain benefits, it may be considered as a “financial incentive program” under California law or a “bona fide loyalty program” under Colorado law.
Under California law, the value of the personal information to us is related to the value of any free or discounted products or services or other benefits that you obtain or that are provided to you as part of the Program, less the expense related to offering those products, services or other benefits to you.
The Program offers benefits based on actions that you take and provides you information on benefits that may be available to you using your contact information. If you delete your personal data, we will be unable to make the Program available to you because we will not have any of the information required to determine the benefits available to you or to notify you of those benefits.
You may withdraw from participating in the Program at any time by contacting us at email@example.com or 800.375.9006.
- Additional Information on the Program. If you have any questions regarding the Program, you may contact us as firstname.lastname@example.org or 800.375.9006