Driver Rewards Program
Terms and Conditions
Last updated: November 15, 2022
Tenstreet, LLC (“Tenstreet”), together with participating companies, such as your current employer, a prospective employer, former employer, contracting carrier, recruiting company, or other company participating in the Program (“Participating Companies)”), offers qualified drivers (“Drivers” or, individually, a “Driver” or “you”) the opportunity to participate in the Driver Rewards Program (the “Program”). Through the Program, you may earn or otherwise receive points (“Points”) and redeem Points for merchandise, goods, services, coupons, gift cards, and other rewards (collectively, “Rewards”).
PLEASE READ ALL TERMS HEREIN CAREFULLY AS THEY AFFECT YOUR RIGHTS. THESE TERMS CONTAIN A LIMITATION OF LIABILITY, BINDING ARBITRATION CLAUSE, AND JURY TRIAL WAIVER AND A WAIVER OF CLASS ACTION CLAIMS THAT ELIMINATE YOUR RIGHT TO A TRIAL BY JURY AND PREVENT YOU FROM BRINGING, JOINING, OR PARTICIPATING IN A CLASS OR CONSOLIDATED PROCEEDING.
Violations of these Terms could result in the suspension or termination of your participation in the Program.
Participation in the Program is limited to Drivers who are persons aged 18 years or older (or who have reached the legal age of majority in their jurisdiction of legal residence) and who are legal residents of the 50 United States and the District of Columbia. Only individuals are eligible to participate as Drivers in the Program. Drivers must have an account with Driver Pulse (“Account”) to participate in the Program.
Integration with Driver Pulse
The Pulse Wallet section of Driver Pulse allows you to track Points earned or otherwise provided under the Program, accumulate Points awarded by Participating Companies in the Program (“Pulse Wallet”), and redeem Points for merchandise, goods, services, coupons, gift cards, and other rewards (collectively, “Rewards”). Limit one (1) Program per person. You cannot have more than one Driver Pulse Account and may not participate in more than one (1) Program, even if you are awarded points from different Participating Companies. If you have more than one Driver Pulse Account, contact [email protected] for assistance.
No purchase is necessary to earn Points. You may receive Points from Participating Companies or Tenstreet in a variety of ways as indicated by Participating Companies or Tenstreet, such as engaging in certain activities or completing certain actions designated by Participating Companies or Tenstreet, including, but not limited to use of Driver Pulse, filling out an application, engaging in certain safety activities, participating in select training programs, passing roadside safety inspections, taking surveys, reaching a level of tenure, and other designated activities (collectively, “Qualifying Activities”). Multiple Participating Companies may participate in the Program. Each Participating Company retains discretion for determining Qualifying Activities for which it will award Points, how many Points will be awarded, and when Points may be awarded. Qualifying Activities and their respective Points values may vary from Participating Company to Participating Company. On certain occasions, Participating Companies and/or Tenstreet may award Points or other benefits through promotional campaigns, driver recognition programs, or other activities.
Participating Companies and Tenstreet each reserve the right to change, add, or remove any Qualifying Activities or Points-earning opportunities and the methods by which Drivers can earn or redeems Points or other rewards, for any reason and without notice to you, at any time. Be sure to check the Pulse Wallet for the most up-to-date information. You agree that neither Participating Company nor Tenstreet is under any obligation to notify you if there are no available Qualifying Activities to earn Points at any given time.
Your Points will be recorded, stored, and tracked in your Pulse Wallet. Points you earn from multiple Participating Companies may be accumulated together in your Pulse Wallet. Point balances, as reflected in Tenstreet’s records, shall be deemed accurate, and Tenstreet reserves the right to correct or modify your Point balance at any time based on Tenstreet’s records and calculations. If you believe an error has been made in the calculation of your Points or that Points were not properly accrued to your Account, you must contact [email protected] within thirty (30) days of when the Points-earning activity occurred. Tenstreet and Participating Companies’ decisions regarding awarding of Points are final and binding. Earned Points that are subsequently determined to be invalid for any reason are subject to disqualification and will be removed from your Pulse Wallet.
Points do not constitute property, do not entitle you to a vested right or interest, and have no cash value. As such, points are not redeemable for cash, transferable, or assignable for any reason, and are not transferable upon death, as part of a domestic relations matter or otherwise by operation of law. Any Points remaining in your Pulse Wallet if the Program is canceled will be forfeited without compensation. There shall be no carry over or transfer of Points to other drivers or programs.
Redeeming Points for Rewards
Once you have accrued a sufficient number of Points to redeem for a Reward, Points may be redeemed for a Reward provided by certain participating third-party providers (each, a “Reward Provider”) accessible within or through the Pulse Wallet. Once Points are redeemed for a Reward they are deducted from your Account and cannot be reversed. All Reward redemptions are final unless otherwise determined by Tenstreet.
Each Reward Provider may offer different types of products and services as Rewards. Rewards may take up to five (5) days to process, or longer based on the terms and conditions and processing timeframes of the Reward Provider. Tenstreet reserves the right to add or remove a Reward Provider from the Program at any time without notice to you. The Reward Provider may have additional terms and conditions or redemption policies to which you must agree to redeem your Points or receive Rewards. Missing, lost, or stolen Rewards will not be replaced or refunded by Tenstreet, the Participating Companies, or the Reward Provider. Rewards may expire, based on the Reward Provider terms. The expiration date, if any, for each Reward type will be included with the Reward.
No refunds will be provided on any Reward item. Rewards are awarded “as is” with no warranty or guarantee, either express or implied, by Tenstreet, Participating Companies, or the Reward Provider. Rewards may not be returned, and unless otherwise required by law or stated under these Terms or the Reward Provider’s terms and conditions.
Tenstreet may modify the Points values for the Rewards, including but not limited to devaluing Points and Rewards, for any reason. Tenstreet or Rewards Provider may also require a minimum threshold in cumulative Points before allowing you to redeem Points for Rewards, which may change from time to time. Neither Tenstreet nor Participating Companies are the supplier of any Reward received through a Rewards Provider, and neither Tenstreet nor any Participating Companies are responsible for the fulfillment or proper condition or value of such a Reward. Please contact the Rewards Provider or the supplier of a Reward item directly with any claims you may have.
If there is no Activity on your Driver Pulse Account for twenty-four (24) consecutive months, you will forfeit any unused or unredeemed Points. As used herein, “Activity” includes logging in to your Driver Pulse Account.
Program Updates, Changes, and Termination
From time to time, Program information will be updated. Please check Driver Pulse for the most up-to-date information. You are responsible for reading the Program Terms and any other communications from Participating Companies or Tenstreet regarding the Program in order to understand your rights, responsibilities, and status in the Program, as well as the structure for earning Points and discounts. Tenstreet may amend these Program Terms at any time without notice. To continue in the Program, including earning and redeeming Points, you agree to the then-current version of these Terms posted in Driver Pulse.
Participating Companies may opt-out of participating in the Program at any time, without or without notice to you. If Participating Companies opt out, any Points you accumulated in your Pulse Wallet based on Qualifying Activities awarded by Participating Companies may still be redeemed in accordance with these Terms. You may continue to earn Points from other Participating Companies in the Program, subject to these Terms.
Tenstreet reserves the right to terminate, expire, modify or restrict any aspect of the Program at any time with or without notice, including cancellation of your Pulse Wallet with or without cause. Upon termination of the Program or cancellation of your Pulse Wallet for any reason, all Points will become null and void, regardless of when or how they were acquired. The accumulation of Points does not entitle you to any vested rights with respect to such Points. Any new features, enhancements, new functionality, tools, and/or resources added to the Program are subject to these Terms.
Your Responsibility for Account Security and Maintenance
Each Driver is responsible for ensuring that the email address, name, and mailing address associated with their Driver Pulse Account are accurate and updated. Neither Tenstreet nor Participating Companies are responsible for non-receipt of a communication or Reward that was sent to the email address or mailing address listed in the Driver Pulse Account. Changes to a Driver’s information may only be made by the Driver.
You are responsible for maintaining the privacy and security of your Driver Pulse Account, which includes restricting access to your computer and other devices that you use to connect to your Driver Pulse Account. Tenstreet will not be held liable for any damage or loss that may result from your failure to protect your login information, including your password. You agree to immediately notify us of any unauthorized use of your account.
You may stop participating in the Program or using your Pulse Wallet at any time. To request the removal of your Driver Pulse Account and anonymization or deletion of any personal data (if required) you may contact [email protected].
Tenstreet will not share information about Points you receive from one Participating Company to another Participating Company. The Participating Company will only have information relating to the Points that specific Participating Company awarded you and will not know or have access to Points awarded from other Participating Companies, unless the Participating Companies share such information with one another. Participating Companies will not have access to your Pulse Wallet (including the balance of Points or Rewards redeemed, etc.).
Tenstreet does not control, endorse, or adopt any policies, programs, business practices, employment practices, employment responsibilities, contractual obligations between you and Participating Companies, or otherwise of Participating Companies, including the individual rewards programs, what Qualifying Activities or Points values are awarded by the Participating Companies, nor their dispute process regarding Points. Tenstreet further does not control, endorse, or adopt any content, messages, advertising, or other practices of Participating Companies. Participating Companies’ use of the Tenstreet Rewards Program does not imply any affiliation, endorsement, or adoption by Tenstreet of the Participating Companies policies, program, business practices, employment practices, employment responsibilities, or contractual obligations between you and Participating Companies, or otherwise. You should review each Participating Companies appliable policies, programs, practices, and terms and conditions and comply with applicable terms when applicable.
Third Party Service Providers, Links, Content, Products and Services
Neither the Participating Companies nor Tenstreet controls, endorses, or adopts any Reward Provider content or the content of any other third party involved in the Program. The inclusion of any link or redirection of any page does not imply affiliation, endorsement, or adoption by the Participating Companies or Tenstreet of any Reward Provider or other third party or the goods or services provided or the information contained therein. Neither the Participating Companies nor Tenstreet makes any guarantees regarding any Reward Provider or other third party and undertakes no responsibility related to any Reward Provider or other third party, including any update or review thereof. You agree that you use any products, services, goods, features, or other content of Reward Provider or other third parties at your own risk and that you understand that neither the Participating Companies nor Tenstreet’s terms, conditions, services, and policies do not extend to and do not govern such third party service providers or their content, products, services, goods, or features. You should review the appliable terms and conditions for each Reward Provider or other third party, including the privacy and data practices of any of them to which you navigate from the Driver Pulse and you must comply with any applicable third party terms when applicable.
The use of the Program may include communications with you by electronic means, including but not limited to email, App notifications including push notifications and in-app messages, text message, automatic telephone dialing system, and other electronic communications. Your use of Driver Pulse and agreement to these Terms is your specific consent to receive such electronic communications for the purpose of providing the Program to you, which may include promotional and marketing messages. You agree that the electronic communications from Tenstreet are reasonable and proper for the purpose of providing the Program and that all legal requirements for electronic communications have been satisfied. You have the right to withdraw your consent to receive electronic communications from us. To do so, you may reply STOP to any text message received, you may click the unsubscribe button on any email, or you may contact [email protected].
We may provide you with notices, disclosures, agreements, and other communications electronically and you agree to that the receipt of such electronic communications fully satisfy any legal requirement that communications be provided to you in writing.
Copyright and Ownership
Tenstreet owns all intellectual property rights to any and all protectable components of Driver Pulse and the Driver Rewards Program, including but not limited to the name(s), the Program, end-user interface elements, artwork, images, logos, data compilations, software, and related documentation. Participating Companies or other parties that provide Points, Rewards, or other offerings within the Program, including Rewards Providers or other third parties, also have intellectual property within or displayed in Driver Pulse. Such organizations retain ownership of their intellectual property and protectable content.
By using or participating in the Program, you will not have, acquire, or own any rights to the intellectual property related thereto. You may not copy, modify, adapt, reproduce, distribute, reverse-engineer, decompile, or disassemble any aspect of the Program or Driver Pulse owned by Tenstreet or any other third parties. You may not mine, scrape, mirror, distribute, transmit, display, public, license, create derivative works from, create links to or from, transfer, or sell any information, material, products or services associated with the Program or Driver Pulse.
Limitation of Liability and Release
BY ENROLLING IN OR PARTICIPATING IN THE PROGRAM, YOU, ON YOUR OWN BEHALF AND ON BEHALF OF YOUR HEIRS, EXECUTORS, AND ADMINISTRATORS, AGREE: (A) TO WAIVE ANY RIGHTS TO CLAIM AMBIGUITY WITH RESPECT TO THESE TERMS AND CONDITIONS; (B) TO WAIVE ALL OF YOUR RIGHTS TO BRING ANY CLAIM, ACTION, OR PROCEEDING AGAINST PARTICIPATING COMPANIES OR TENSTREET OR THEIR PARENT OR AFFILIATED ENTITIES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”) IN CONNECTION WITH THE PROGRAM AND (C) TO FOREVER AND IRREVOCABLY AGREE TO RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS THE RELEASED PARTIES FROM ANY AND ALL CLAIMS, LAWSUITS, JUDGMENTS, CAUSES OF ACTION, PROCEEDINGS, DEMANDS, FINES, PENALTIES, LIABILITY COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, OUTSIDE ATTORNEYS’ OR LEGAL FEES) THAT MAY ARISE IN CONNECTION WITH: (I) THE PROGRAM AND/OR DRIVER PULSE, INCLUDING BUT NOT LIMITED TO YOUR PARTICIPATION OR INABILITY TO PARTICIPATE IN THE PROGRAM OR ANY OFFER OR BENEFIT, (II) ANY ERRORS PUBLISHED IN RELATION TO THE PROGRAM, INCLUDING, WITHOUT LIMITATION, ANY TYPOGRAPHICAL ERRORS, PRINTING, ERRORS OF DESCRIPTION, ERRORS IN THESE TERMS OR ANY PROGRAM MATERIALS, AND ERRORS IN THE CREDITING OR DEBITING OF POINTS FROM YOUR PULSE WALLET, (III) ANY CHANGE IN ANY BENEFIT, OFFER OR REWARD (OR ANY COMPONENTS THEREOF) DUE TO UNAVAILABILITY, OR DUE TO REASONS BEYOND TENSTREET OR PARTICIPATING COMPANIES’ CONTROL, (IV) ANY INTERRUPTIONS IN OR POSTPONEMENT, CANCELLATION, TERMINATION, OR MODIFICATION OF THE PROGRAM OR ANY COMPONENT THEREOF, (V) HUMAN ERROR, (VI) ANY TECHNICAL MALFUNCTIONS OR UNAVAILABILITY OF DRIVER PULSE, COMPUTER SYSTEM, COMPUTER TIMING AND/OR DATING MECHANISM, SOFTWARE, OR INTERNET SERVICE PROVIDER, OR MAIL SERVICE UTILIZED BY ANY OF THE RELEASED PARTIES OR BY YOU, (VII) ANY WRONGFUL, NEGLIGENT, OR UNAUTHORIZED ACT OR OMISSION ON THE PART OF ANY OF THE RELEASED PARTIES OR OF ANY OTHER THIRD PARTY, (VIII) LOST, LATE, MISDIRECTED, DAMAGED OR DESTROYED CORRESPONDENCE, POINTS, OFFERS, REWARDS, OR ANY OTHER BENEFIT (OR ANY ELEMENT THEREOF), (IX) THEFT OR UNAUTHORIZED REDEMPTION OF POINTS, OFFERS, REWARDS, OR OTHER BENEFIT, AND (X) ANY ACTS OR OMISSIONS BY YOU OR THIRD PARTIES INCLUDING NEGLIGENCE OR WILLFUL MISCONDUCT.
THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR ANY INJURY OR DAMAGE, WHETHER TO YOU OR TO ANY OTHER PERSON OR TO ANY PROPERTY, RELATED TO OR RESULTING FROM YOUR PARTICIPATION IN THE PROGRAM AND/OR THE ACCEPTANCE OR USE OF ANY REWARD. BY PARTICIPATING IN THE PROGRAM, YOU EXPRESSLY ASSUME ALL LIABILITY AND RESPONSIBILITY FOR YOUR PARTICIPATION AND AGREE THAT PARTICIPATION IS SOLELY AT YOUR OWN RISK.
IN NO EVENT SHALL THE RELEASED PARTIES HAVE ANY LIABILITY OR RESPONSIBILITY WHATSOEVER FOR, AND THE RELEASED PARTIES SHALL BE HELD HARMLESS BY ALL DRIVERS, HEIRS, EXECUTORS, AND ADMINISTRATORS, AGAINST, ANY AND ALL INJURIES, LOSSES OR DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, RELIANCE, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY, ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ANY ACTION TAKEN OR NEGLECTED TO BE TAKEN WITH REGARD TO THE PROGRAM, ACCEPTANCE, POSSESSION, MISUSE OR USE OF ANY POINTS, OFFER, REWARD, OR BENEFIT, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE).
IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU FOR ANY DELAY OR FAILURE TO PERFORM DUE TO CAUSES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, OR TERRORISM OR ANY ACT OR OMISSION OF A THIRD PARTY.
THE SOLE REMEDY AVAILABLE TO YOU IN CONNECTION WITH THE PROGRAM (WHETHER YOUR CLAIM IS BASED IN LAW OR EQUITY) SHALL BE THE CREDITING OR RE-CREDITING TO YOUR PROGRAM ACCOUNT OF POINTS IN AN AMOUNT NO GREATER THAN THE NUMBER OF POINTS AT ISSUE.
THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THESE TERMS AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED. SOME STATES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Disclaimer of All Warranties
WITHOUT LIMITING THE FOREGOING, THE PROGRAM, INCLUDING, WITHOUT LIMITATION, THE PULSE APP AND ALL POINTS, OFFERS, REWARDS, AND BENEFITS, ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, INTEGRATION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.
NEITHER PARTICIPATING COMPANIES NOR TENSTREET NOR THEIR AGENCIES, AGENTS, SUPPLIERS OR REPRESENTATIVES WARRANT THAT: (A) ANY INFORMATION WILL BE TIMELY, ACCURATE, RELIABLE OR CORRECT; (B) THIS PROGRAM WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR PLACE; (C) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (D) THIS PROGRAM WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (E) ANY RESULT OR OUTCOME CAN BE ACHIEVED.
NEITHER THE PROGRAM NOR ANY BENEFIT OFFERED BY THE PROGRAM CREATES, CONSTITUTES OR GIVES RISE TO ANY LEGAL OR CONTRACTUAL RIGHTS BY DRIVERS AGAINST PARTICIPATING COMPANIES OR TENSTREET. A DRIVER’S USE OF THE PROGRAM IS SOLELY AT THE DRIVER’S OWN RISK.
SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS. THIS SECTION WILL SURVIVE TERMINATION OF YOUR PARTICIPATION IN THE PROGRAM.
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS TENSTREET, AND EACH OF ITS AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, SUPPLIERS, AND PARTNERS FROM ALL LIABILITIES, LOSSES, DAMAGES, PENALTIES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES) ARISING FROM YOUR USE OF PULSE WALLET, YOUR VIOLATION OF THESE TERMS, OR THE INFRINGEMENT BY YOU OR ANY OTHER AUTHORIZED USER ON YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY RELATING TO PULSE WALLET.
Class Action Waiver; Jury Trial Waiver
YOU AND TENSTREET EACH AGREE THAT ANY PROCEEDING, WHETHER IN COURT OR OTHERWISE, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU AND TENSTREET FURTHER EACH FURTHER WAIVE ANY RIGHT TO A JURY TRIAL.
ANY AND ALL APPLICABLE FEDERAL, STATE, PROVINCIAL, AND LOCAL TAXES AND ALL FEES AND EXPENSES RELATED TO ACCEPTANCE AND USE OF POINTS, OFFERS, AND REWARDS NOT SPECIFICALLY STATED HEREIN ARE THE RESPONSIBILITY SOLELY OF DRIVER.
Caution and Warning
Any attempt to deliberately damage or undermine the legitimate operation of the Program or Driver Pulse may be a violation of criminal and civil laws. Should such an attempt be made, Tenstreet reserve the right to seek damages or other remedies to the fullest extent permitted by law. Any abuse of the Program, failure to follow any terms of the Program, or any misrepresentation by a Driver may subject that Driver to cancellation of his/her Account and will affect eligibility for future participation in the Program. Participating Companies and Tenstreet reserve the right to seek all remedies, whether available at law or at equity, criminal or civil, in the event Driver defrauds or abuses the program, fails to follow any terms of the Program, or makes any misrepresentations to Participating Companies or Tenstreet.
- The failure of Tenstreet to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
- No consent or approval is deemed to have been granted by Tenstreet without being written and signed by an authorized officer or agent of Tenstreet.
- If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions and any applicable Terms.
- These Terms shall be governed by, interpreted and enforced in accordance with the laws of the State of Oklahoma without reference to the principles or rules of conflict of laws. The parties to this Agreement specifically consent to the jurisdiction of the Courts of Oklahoma over any action arising out of or relating to this Agreement with venue for any such action in the state or federal courts located in Tulsa County, Oklahoma.
Questions about the Program