a) Participants represent, warrant and agree that they are, and will continue to be, duly authorized to make eligible referrals contemplated by the Program, that they hold, and will continue to hold, the permit(s) or license(s) required, if any, to that effect, and that they are in compliance with, and will continue to comply with, the terms and conditions of all said permit(s) or license(s) and all applicable legislation, rules, and regulations governing or related to their participation in the Program.
Participants must disclose or ensure that their authorized representatives disclose, in writing, and prior to making a referral, to the person they are referring to TD Canada Trust under the Program, the fact that any eligible Credit Facility (as defined below) contracted with TD Canada Trust following such referral will result in compensation in the Participant’s favour.
c) Participants must ensure that the disclosure required in section 3(b) set out the nature of the benefit, the approximate amount and source of compensation to be received.
Participants must disclose the fact that they are participating in the Program to their employers and obtain their employer's approval to do so. Participants acknowledge that TD Canada Trust may notify their employer of their enrollment as a Participant in the Program.
Participants shall not be considered to be, nor are they entitled to hold themselves out as, employees, agents or representatives of TD Canada Trust and any information provided by them to any person in the context of a referral made under the Program is not binding on TD Canada Trust.
Participants are not authorized to provide any details, or make any representations, on the Credit Facility conditions offered by TD Canada Trust, as well as any other product or service offered by
TD Canada Trust.
7. Participants must register for the Program by completing the required enrollment form,online at serviceplusrewards.com, or through a TD Canada Trust representative. Participants represent that the information provided in the enrollment form is complete and accurate.
8. Participants and their authorized representatives agree that TD Canada Trust may collect, use and disclose personal and business information to manage the Program and more precisely to allow participation, to process the referrals and to carry out all activities
in relation to the Program.
9. Participants must be registered in the Program to earn TD Service Plus Rewards Points (“Points”). No Points will be granted for referrals made prior to registration.
For TD Canada Trust to grant Points:
1a) A Participant must refer an eligible Mortgage, Rural Property Mortgage or TD Home Equity FlexLine (each a "Credit Facility") to TD Canada Trust through TD Mobile Mortgage Specialists or any TD Canada Trust branch and be identified;
b) The Credit Facility must be funded by Canada Trust.
c) The Credit Facility must be a new Credit Facility with a minimum amount of $50,000 in new funds or a minimum $50,000 credit limit, as applicable;
d) Funds must have been funded or released (as applicable) on the TD Canada Trust system;
e) The Credit Facility must be used to purchase a residential property;
f) The Credit Facility must be secured by a residential property that meets TD Canada Trust guidelines;
g) The Credit Facility must not be a property located in the Provinces of Alberta or Quebec;
h) To be eligible to receive Points, the Credit Facility for a resale purchase deal must be supported by a purchase and sale agreement on which the Participant's name appears for audit validation purposes; and
i) To be eligible to receive Points, the Credit Facility for a new construction purchase deal must be supported by either a builder's contract on which the Participant's name appears or supporting referral documentation, for audit validation purposes.
2a) Credit Facilities resulting from a refinance, transfer (or assignment) of a mortgage from another financial institution (OFI), or Portability Plus are not eligible to qualify under the Program. These referrals will not be awarded Points nor will these referrals be counted towards the 2017 Spirit of Excellence Trip.
8,000 Points will be awarded for each Credit Facility that qualifies under section 10. These Points will be granted to only one Participant, determined to be the effective referral source for the financing as determined by TD Canada Trust in its sole discretion.
A Credit Facility for an employee of TD Canada Trust does not qualify for Points.
13. Points are:
redeemable for cash;
only while the Participant is active and registered in the Program; and
are reported on the Participant’s Program statement.
14. Points will not be granted where the client is an existing TD Canada Trust customer and TD Canada Trust is the effective cause of the financing as determined by TD Canada Trust in its sole discretion.
Any Program statement or account discrepancies, as well as missing referrals, must be reported to the Participant’s TD Canada Trust representative within three (3) months of the advance date for a single advance Credit Facility and within three (3) months of the release date for a revolving Credit Facility. If notification is not received within three (3) months of the advance or release date, no Points for a missing referral will be awarded and the referral will not count towards The Spirit of Excellence Trip. Notwithstanding if TD Canada Trust is notified of a missing referral within three (3) months of the advance or release date, no adjustments for discrepancies or missing referrals reported after January 31, 2018 shall be counted towards the 2017 Spirit of Excellence Trip. TD Canada Trust reserves the right to adjust Points at any time.
It is the Participant’s responsibility to track Points. In order to track Points, the Participant can login to the Participant's password protected account at serviceplusrewards.com to review their Program statement.
Participants who have been inactive (no referrals to TD Canada Trust) for 12 months may, at the sole discretion of TD Canada Trust, be removed from the Program. Any unused Points at that time may, at the sole discretion of TD Canada Trust, be reclaimed by TD Canada Trust.
TD Canada Trust reserves the right to audit all transactions to validate the information submitted. TD Canada Trust reserves the right to disallow Points that were awarded in error and/or disqualify any Participant at any time.
19. Points awarded under the Program may be redeemed against merchandise, lifestyles and spa or travel rewards as set out online at serviceplusrewards.com or in the TD Service Plus Rewards Catalogue, subject to the terms of the Program Rules.
20. Participants acknowledge that any personal, federal and/or provincial income tax liability arising from the receipt of merchandise or travel rewards is their sole responsibility.
21. When redeeming for merchandise rewards, Points cannot be supplemented with payment by cash or credit.
While TD Canada Trust makes reasonable effort to provide merchandise as described in the catalogue and on the TD Service Plus Rewards website, TD Canada Trust reserves the right, in its sole discretion, to substitute merchandise of similar type and value to that offered, and to adjust Point requirements up or down, in order to reflect price conditions at the time of order, without notice to the Participant.
Merchandise is covered by normal manufacturers’ warranties only. TD Canada Trust does not provide any additional warranties. Warranty claims must be made directly with the manufacturer. TD Canada Trust is not responsible for any damages or injuries resulting from the misuse or incorrect assembly of merchandise.
24. a) Merchandise cannot be returned, unless damaged during shipping. Damaged items can only be accepted for return within 7 days of delivery to the Participant. Any other problems require the Participant to contact the manufacturer for warranty service or replacement.
b) Merchandise is shipped by courier from the manufacturer. Merchandise from multiple orders may not be shipped at the same time. The balance of the order will automatically follow shortly unless there is prior notification. Deliveries require an authorized signature.
c) For merchandise redemptions there may be additional shipping costs that the Participant may incur. The TD Service Plus Rewards Customer Service Representative will provide notice after the order is placed if there will be any additional shipping charges.
d) Orders generally require 4–6 weeks for delivery. However, in some cases manufacturers may be temporarily out of stock and require a longer time period to fulfill requests. TD Canada Trust assumes no responsibility for any losses resulting from any such delay(s).
e) If merchandise is shipped to a Participant, and the Participant is not able to accept delivery for any reason including without limitation the reason that there is no one at the delivery address at the time of delivery, and this results in the merchandise having to be reshipped, the Participant agrees to pay 2,500 Points for each such subsequent reshipment of the merchandise.
f) If merchandise is shipped and the Participant requires an address correction during time of transit, the Participant agrees to pay 1,300 Points for the address correction.
25. a) Points can be redeemed for travel rewards including airline tickets, accommodations, a travel package, car rentals or cruises.
b) Contact the TD Service Plus Rewards Customer Service Centre at 1-800-332-8185 for the phone number of the Program's Travel Agency*. Participants arrange their travel through the Program's Travel Agency.
c) The Program temporarily freezes the Participant’s account until the Program's Travel Agency confirms the booking and the Participant shall not be able to make any other redemption of Points until such confirmation is provided. Upon confirmation, the actual number of Points used will be deducted from the Participant’s account and the Participant's account will be released.
d) Upon booking, full payment (Points or combination Points and credit card) is required, with no exceptions. Participants may pay any difference between the cost of the travel rewards and the amount of Points used to purchase the travel rewards by a single credit card (only available for travel and additional fees may apply). Please note: Travel costs and availability will vary significantly depending upon the time of year, dates of departure, airline and accommodation specifications. Points required are based on the best available rates at the time of booking and travel requirements are arranged through nationally recognized tour operators. (Some wholesalers/airlines/hotels don't allow split payments. In this case, credit card payments for the difference are not permitted.)
e) Travellers must agree to, and comply with all Program Rules and all requirements stipulated by the Program's Travel Agency documented in the Release and Consent Form. Failure to comply will invalidate Points for travel usage.
f) It is the responsibility of travellers to arrange for their own passports, visas and any other necessary travel documentation for any trip.
g) Travel insurance is recommended. The Participant is strongly recommended to purchase cancellation insurance for the full duration of the Trip from either the Program's Travel Agency using Points or through a combination of Points and credit card, or from another insurance provider.
The Spirit of Excellence
26. a) The following Participants ("Selected Participant" or "Selected Participants") will be selected for The Spirit of Excellence Trip (the “Trip”):
i) The top 17 Participants who make the greatest total number of eligible Credit Facility referrals from January 1, 2017, through December 31, 2017, (as reported by the Program statements and TD Canada Trust records as of December 31, 2017). In the event of a tie, the Selected Participant will be the Participant with the largest total dollar amount of qualifying Credit Facility referrals made from January 1, 2017, through December 31, 2017;
ii) The 5 Participants who make the highest total dollar volume of eligible Credit Facility referrals from January 1, 2017, through December 31, 2017 (as reported by the Program statements and TD Canada Trust records as of December 31, 2017). In the event of a tie, the Selected Participant will be the Participant with the largest number of qualifying Credit Facility referrals made from January 1, 2017, through December 31, 2017.
b) Participants may only be selected for one of the two categories in section 26(a). If a Participant qualifies for more than one of the categories in section 26(a), TD Canada Trust will, in its sole discretion, determine which category the Participant will be selected from for purposes of awarding the Trip to the Selected Participant.
c) Of the 22 potential Selected Participants as determined in section 26(a), no more than two (2) may be sales employees of an approved builder/developer.
d) For the purpose of awarding the Trip, Program statements and TD Canada Trust records will govern and bind all Participants, subject to discrepancies or errors that are disclosed on audit or that are brought to the attention of TD Canada Trust as set out in Section 15 of the Program Rules.
e) Before being declared a Selected Participant:
i) TD Canada Trust will audit all transactions to validate the accuracy of the information submitted. During this audit, TD Canada Trust reserves the right to disqualify any Participant if the Program Rules have not been followed;
ii) TD Canada Trust may audit any and all disclosures that were provided to the referral customer; and
iii) Participants will be required to sign a Release and Consent Form provided by TD Canada Trust, before being declared a Selected Participant.
f) The Spirit of Excellence Trip:
i) is non-transferable;
ii) must be accepted as awarded.
g) Each Selected Participant is entitled to bring one (1) guest (minimum age 18 years) on the Trip. The guest must be travelling from the same origination point as the Selected Participant.
27. TD Canada Trust reserves the right to cancel the Program on 90 days prior notice to Participants, and without any further obligation on the part of TD Canada Trust with respect to any unredeemed Points.
28. Participants must comply at all times with the present Program Rules as well as with all laws, regulations and administrative rules governing their activities in the province(s) in which they pursue their activities. A Participant’s continued participation in the Program constitutes acceptance of the Program Rules as amended from time to time.
29. It is the responsibility of the Participants to immediately notify a TD Service Plus Rewards Customer Service Representative of any change in status by email at email@example.com, fax to 1-800-281-8158 or mail to TD Service Plus Rewards, TD North Tower, 77 King Street West, Floor 16, Toronto, Ontario, M5K 1K2. A change in status includes, but is not limited to, a change in a Participant's professional status, namely if they lose any permit or license required to pursue their activities (or the eligible referrals contemplated by the Program), if they start working for a new employer, broker or firm or in case of a change of their professional address. The date the TD Service Plus Rewards Customer Service Representative receives notification of change in writing (by fax, mail or e-mail) will serve as the official “change in status” date.
30. The non-compliance, by any Participant, with the Program Rules or under the law regulation or administrative rules of the province in which they pursue their activities, could deprive them from the right to receive Points under the Program, result in the termination from the Program and/or expose them to recourse in damages should TD Canada Trust suffer any damages as a result of such non-compliance.
31. a) TD Canada Trust is the final authority as to the interpretation of these Program Rules and the awarding of Points to Participants in the Program.
b) TD Canada Trust reserves the right to disallow Points and disqualify Participants. In its sole discretion, TD Canada Trust may terminate a Participant’s registration in the Program at any time without notice.
c) TD Canada Trust further reserves the right to change these Program Rules at any time without notice.
d) TD Canada Trust reserves the right to make special offers and promotions available to any Participants or new enrollees without notice, and to award Points for non-eligible Credit Facilities. However, any Points awarded for non-eligible Credit Facilities do not qualify for The Trip.
e) TD Canada Trust reserves the right to publish or otherwise use Participant name, photograph, voice
and comments, without compensation, in any publicity carried out by TD Canada Trust or its advertising
agencies. TD Canada Trust or its agents reserves the right to use Participant name in the creation and
production of an article for publication in a newsletter or on a publicly-accessible website. The content
of such newsletter or website will be determined at TD Canada Trust’s sole and absolute discretion.
TD Canada Trust may also publish reprints or excerpts from such article. TD Canada Trust may, in its sole
and absolute discretion, incorporate and use content from the article into publicly-accessible videos for
distribution online or in broadcast media.
32. Each Participant releases and saves harmless TD Canada Trust and suppliers (“Releasees”) from any and all actions, causes of action, claims, demands, and proceedings, for costs, losses, debts, expenses, damages, or compensation whatsoever and wherever, whether at law or in equity (“Claims”), with respect to any matter relating to, arising out of, in consequence of, or in any way connected with the Program, including, but not limited to, any dispute about Points, referrals, merchandise, travel or The Trip obtained through the Program. Each Participant indemnifies and holds the Releasees harmless against any Claims of any third party relating to the Program, including, but not limited to, disputes about Points, referrals, merchandise or travel obtained through the Program by the Participant.
Error and Omission Policy
33. All reasonable and necessary efforts have been made to ensure the accuracy of the information contained in the Program Rules, on the TD Service Plus Rewards website and in the catalogue. In the event of an error, TD Canada Trust reserves the right to notify Participants as to the correct illustration, description or value of the item. TD Canada Trust, Engage People Inc. or any of its suppliers are not liable for any errors or omissions that may occur.
*The Program's Travel Agency is an independently owned and operated travel management company, and is not affiliated with TD Canada Trust or TD Service Plus Rewards.
The Toronto-Dominion Bank and its affiliates are not liable or responsible for the products, goods or services offered or made available or otherwise displayed in the TD Service Plus Rewards Catalogue (the "Catalogue"), which is administered and managed by Engage People Inc.
Engage People Inc. and its affiliates are not liable or responsible for the manufacture or supply of the products, goods or services offered or made available or otherwise displayed in the Catalogue. Such products, goods or services are provided "as available" and all warranties, express or implied, are disclaimed (including but not limited to any implied warranties of merchantability and fitness for a particular purpose), unless expressly provided otherwise by the manufacturer and/or supplier of such products, goods or services.
While every effort is made to include up-to-date and accurate information with respect to products, goods or services offered or made available or otherwise displayed in the Catalogue, all such information, including information concerning product specifications and availability, is subject to change without notice. Neither The Toronto-Dominion Bank nor Engage People Inc. nor their respective affiliates assume any liability or responsibility for any errors or omissions in the information contained in the Catalogue.
iPod nano, iPod touch, iPad, iPhone and Macbook Pro are trademarks of Apple inc., registered in the U.S. and other countries. Apple is not a participant in or sponsor of this promotion.
All trademarks are the property of their respective owners. ® The TD logo and other trade-marks are the property of The Toronto-Dominion Bank.