Last updated: 06/01/2026
These Atlas Card Rewards and Benefits Terms and Conditions (these “Rewards Terms and Conditions”) are provided to Atlas Card account holders (“You” or “Your”) by Atlas Exploration, Inc. (“Atlas,” “our” or “we”) and govern Your participation in the Atlas Card (“Atlas Card”) rewards and benefits program (the “Program”). The Program allows qualified and approved participating Atlas Card holders to earn points and access rewards and other benefits made available by Atlas from time to time. By earning or redeeming points, or accessing any reward or benefit under the Program, You agree to be bound by these Rewards Terms and Conditions, as well as all additional terms and conditions applicable to specific benefits, promotions, or offers made available by Atlas to You from time to time.
These Rewards Terms and Conditions are a separate agreement and are not part of the cardholder agreement terms and conditions governing Your Atlas Card Account (as defined below) (the "Cardholder Agreement”). However, your participation in the Program shall, for the avoidance of doubt, require you to comply with all terms and conditions of the Cardholder Agreement, as well as the Atlas Terms of Use set forth at https://atlascard.com/legal/terms/ (the “Terms of Use”). These Rewards Terms and Conditions should be read together with the Terms of Use and Cardholder Agreement. In the event of any conflict between these Rewards Terms and Conditions and the Terms of Use, the Rewards Terms and Conditions shall govern on all matters related to the Program and the Terms of Use will govern on all other matters. In the event of any conflict between these Rewards Terms and Conditions and the Cardholder Agreement on matters relating to the Program, these Rewards Terms and Conditions shall govern.
We may supplement these Rewards Terms and Conditions with additional terms, conditions, disclosures, and agreements, including without limitation, eligibility requirements; activation or enrollment requirements; booking channel requirements (such as requirements to book through Atlas’s concierge service or mobile application); annual or per-benefit caps on value; expiration dates; blackout dates; availability restrictions; partner-specific terms and conditions; and other specific terms and conditions, which may apply only to specific Rewards or Benefits (as each of those terms are defined below) (collectively, “Supplemental Terms”). Supplemental Terms are incorporated into these Reward Terms and Conditions and will be considered part of these Rewards Terms and Conditions.
Please visit the Atlas website or mobile application, or contact Atlas customer service, for the current terms applicable to each Benefit and Reward. In the event of any conflict between these Rewards Terms and Conditions and any Supplemental Terms, the Supplemental Terms shall govern with respect to the specific Reward or Benefit to which they apply.
**Except for certain kinds of disputes described in the “Dispute Resolution and Arbitration” section below, You agree that disputes arising under these Rewards Terms and Conditions will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. **
To participate in the Program, You must hold an active Atlas Card account (“Atlas Card Account”) that is in Good Standing (as defined below). You will be automatically enrolled in the Program upon opening Your Atlas Card Account and receiving Atlas’s approval of such enrollment. Atlas may also close your Atlas Card Account or unenroll You from the Program as further described in these Rewards Terms and Conditions. The Program is available only to individuals using the Atlas Card Account for lawful personal, family, household, or permitted business purposes. The Program is not available for business, commercial, or investment use.
“Good Standing” refers to an Atlas Card Account or Atlas Card that is not designated by Atlas as lost, stolen, revoked, or closed, is not past due, is not subject to Misuse (as defined below), and is not otherwise in default of any of the terms of the Cardholder Agreement, these Rewards Terms and Conditions, the Terms of Use, or any other agreements between You and Atlas.
Earning Points. You can earn and accrue points based on Net Merchandise Purchases (as defined below) charged to Your Atlas Card Account, according to the active point earnings scale which can be found on the Atlas website (located at https://atlascard.com). Points will not be earned on amounts credited to Your Atlas Card Account in the form of statement credits. Fractional point amounts will be rounded to the nearest whole point (e.g., a transaction generating 5,000.50 points would be rounded up to 5,001 points, and a transaction generating 5,000.45 points would be rounded down to 5,000 points). Atlas reserves the right to modify the point earnings scale at any time in accordance with these Reward Terms and Conditions. There is no annual limit on the number of points You can earn, unless otherwise specified by Atlas in connection with a particular promotion, benefit tier, or account type. Note that there may be limits on the amount of Rewards and Benefits you can earn in connection with the Program.
“Net Merchandise Purchases” means purchases of merchandise or services made by You or an authorized user of Your Atlas Card Account (“Additional Card User”) charged to Your Atlas Card Account, less any returns, refunds, and service credits, including returned merchandise credits or service credits posted to the Atlas Card Account. Net Merchandise Purchases do not include cash advances or withdrawals; quasi-cash or cash-like transactions including, but not limited to, transactions involving traveler’s checks, money orders, foreign currency, cryptocurrency, other similar digital or virtual currency, purchases of (or reloading of) prepaid cards or other instruments that can be readily converted to cash, or other similar transactions; lottery tickets, casino gaming chips or credits, race track wagers, or similar offline and online betting transactions; fees or premiums for coverage or insurance to protect the balances of an Atlas Card Account holder’s Atlas Card Account; balance transfers; person-to-person money transfers, wire transfers, and account-funding transactions that transfer currency; purchases of precious metals, bullion, or other commodities; any checks that access Your account; interest charges or penalties assessed on the Atlas Card Account; unauthorized or fraudulent charges; or fees of any kind, including an annual fee, if applicable.
Qualifying Spend for Rewards. In addition to earning points, Your Net Merchandise Purchases or other participation in the Program may qualify You for certain rewards (“Rewards”). For example, certain Rewards require You to reach specified annual spending thresholds and/or make qualifying purchases. The requirements applicable to each Reward, and the measurement period for calculating such qualifications, will be set forth in the applicable Reward or Benefit terms published by Atlas on the Atlas website or such other location reasonably determined by Atlas. Atlas reserves the right to determine, in its sole discretion, which transactions qualify for Rewards.
Bonuses. You may be able to earn additional points or other Rewards as authorized by Atlas from time to time for special programs, promotions, or transactions, which may be offered for limited time periods. Additional terms and conditions may apply to such bonus or promotional offers, and Atlas will provide more information about such bonus offers at the time of the offer. Atlas reserves the right to modify or discontinue any such offer at any time.
Restrictions. Merchants who accept the Atlas Card are assigned a merchant code, which is determined by the merchant or its processor in accordance with card network procedures. As such, even though two merchants may sell similar products or services, they may not have the same merchant code, and therefore purchases from one merchant may not be included in the same category as purchases from the other merchant for the purposes of earning points or qualifying for Rewards and may not qualify for points or Rewards in certain categories. Net Merchandise Purchases must be submitted by merchants using the identified merchant codes to qualify for earning points or Rewards. Atlas is not responsible for incorrectly coded transactions. Additionally, purchases made through third parties, including resellers, third-party payment platforms, mobile or wireless card readers, online or mobile digital wallets, or similar technology may not be eligible for accruing points or qualifying for Rewards. Atlas reserves the right to remove merchants from the Program in its sole discretion including when required by local laws, rules, or regulations.
Atlas may, at any time and for any reason, including if your Atlas Card Account is no longer in Good Standing, temporarily prohibit You from (i) earning points or qualifying for Rewards or Benefits; (ii) using points, Rewards or Benefits You’ve already earned; or (iii) using any other features of the Program.
Questions concerning eligible transactions and what constitutes Net Merchandise Purchases or other qualifying transactions will be determined in the sole discretion of Atlas. Please contact Atlas customer service through the Atlas mobile application or at hello@atlascard.com if you have any such questions.
Posting. Points You earn will be credited to You after full payment of the applicable monthly balance during which such points were earned. Points, statement credits, and other applicable Rewards or Benefits will not be available for redemption until credited to You by Atlas. We encourage You to frequently review Your Atlas Card Account, accessible through the Atlas website and mobile application. If it has been more than thirty (30) days since full payment of the applicable monthly balance and the applicable points are not reflected on Your Atlas Card Account summary, please contact customer service. Inquiries regarding missing points, Rewards, or Benefits must be made within sixty (60) days of the transaction.
Limitations on Earning Points or Qualifying for Rewards or Benefits. You cannot earn points or qualify for Rewards or Benefits during any period in which Your Atlas Card Account is not in Good Standing or when you are not enrolled in the Program, and no points, Rewards, or Benefits will be retroactively applied during any such period.
Program Balance. We may display the Program balance associated with your Your Atlas Card Account (“Program Balance”), including points earned and/or progress made towards Rewards and Benefits through the Atlas mobile application and website, but we do not guarantee that we will always make that information available and/or it will always be accurate or up-to-date. Please contact us at hello@atlascard.com if you have any questions about your Program Balance. Individual transactions forming the basis for awarding points, Rewards, and Benefits are typically not itemized on the Program Balance. Points, Rewards, and Benefits cannot be combined, either within the Program or with other discount or reward programs, unless specifically authorized by Atlas.
Not Property. Points, Rewards, and Benefits are not Your property unless required by applicable law, and they may not be assigned or transferred to any person (including upon death or as a part of a domestic relations matter) or otherwise moved unless expressly provided for in these Rewards Terms and Conditions. Points, Rewards, and Benefits may not be transferred by operation of law, such as by inheritance, in bankruptcy, or in connection with a divorce. Points, Rewards, and Benefits have neither cash value, surrender value, transfer value, nor any other value of any kind until and to the extent they are actually redeemed in accordance with these Rewards Terms and Conditions. Points, Rewards, and Benefits cannot be used to offset any amount due from You to Atlas on the Atlas Card Account unless expressly authorized by Atlas in writing. The sale or barter of any points, Rewards, or Benefits, other than by Atlas, is expressly prohibited.
Negative Balance. If points, Rewards, or Benefits are removed from Your Atlas Card Account (for example, due to a return, refund, or adjustment) and Your Atlas Card Account does not have sufficient points, Rewards, or Benefits to cover the removal, Your Atlas Card Account may reflect a negative Program Balance. Any points, Rewards, or Benefits You subsequently earn will first be applied to reduce the negative Program Balance before becoming available for redemption. Please also see the section below on “Return of Purchases and Other Adjustments” for additional information on how returns, refunds, and adjustments can affect Your Atlas Card Account.
As a Program participant, You may also be eligible to access certain benefits made available by Atlas from time to time (“Benefits”). Benefits may include, without limitation: access to curated travel, dining, lifestyle, and entertainment experiences; concierge and booking services; partner discounts and memberships; and other perks as Atlas may determine in its sole discretion. The Benefits available to You, and the terms applicable to each, will be published on the Atlas website and mobile application and in any applicable Benefit guide or offer materials provided to You.
Good Standing Required. Your points, Rewards, and Benefits may only be redeemed if Your Atlas Card Account is in Good Standing at the time of any redemption.
Redeeming Points. You may redeem points credited to You by using the Atlas mobile application or website, subject to any requirements or restrictions on a particular redemption item imposed by Atlas. The available redemption options, and the number of points (if any) required for each are subject to change. Redemptions are subject to availability and other requirements contained in these Rewards Terms and Conditions and the applicable Supplemental Terms.
Redeeming Rewards and Benefits. Rewards and Benefits, such as statement credits, travel, experiences, merchandise, partner rewards, and other benefits as Atlas may determine in its sole discretion, may be made available by Atlas from time to time as part of the Program. The available redemption options will be made available on Your Atlas Card Account (which is accessible through the Atlas website and mobile application) and are subject to change. Atlas reserves the right to add, modify, or discontinue any redemption option at any time.
Redemption and Additional Card Users. Additional Card Users may, where expressly authorized by Atlas, earn and accrue points through Net Merchandise Purchases and may receive certain limited Benefits, but in most cases will not be able to redeem points, Rewards, or Benefits. All redemption rights belong exclusively to the primary account holder (You). Atlas reserves the right to add, modify, or discontinue any and all offers and benefits made available to Additional Card Users at any time. If you have any questions about the rights and benefits that may be available to Additional Card Users, please contact Atlas at hello@atlascard.com.
No Duplicate Earning. You do not earn points on any transaction, or portion thereof, which is paid for with Your points, and such transactions will not qualify for earning additional Rewards or Benefits.
Other Redemption Terms. You are responsible for how Your points, Rewards, and Benefits are used. Applicable sales/use taxes, fees, surcharges, and shipping and handling charges are Your responsibility. Atlas is not responsible for replacing lost, stolen, or damaged redemption items, including certificates, tickets, or gift cards, or for a merchant’s failure to honor them.
Redemption with Third-Parties. Atlas may, from time to time, give You the opportunity to use Your points, Rewards, or Benefits to pay for all or part of eligible purchases of products or services directly through participating third-party merchants or service providers, or to purchase products or services made available through the Program. The availability of such opportunities, and the participating merchants and service providers, will be published on the Atlas website and mobile application and are subject to change at any time without notice. To participate, You may be required to authorize Atlas to share information about Your account with the third party. Atlas will provide You with additional details as required by law. After You are enrolled, Atlas will provide the third party with information about Your participation in the Program, including Your Program Balance, as applicable.
Where paying with points, You select when and how many points are used each time You make a purchase with the third party, subject to any restrictions imposed by Atlas or the applicable third party, unless You opt into a default payment feature offered by the third party. In that case, Your points will be applied automatically in accordance with Your selected default payment settings. Rewards and Benefits may have more limited application options (e.g., they may be only available for one-time use, with no carryover balance).
The redemption value of points, Rewards, and Benefits may be worth less when using them directly through third-party merchants or service providers than the redemption value of points, Rewards, or Benefits used for options offered directly through the Program, or vice versa.
Atlas will deduct the number of points or value of a Reward or Benefit, as applicable, that You use from the Program Balance. Your Program Balance may not reflect pending transactions until the order has shipped or otherwise been completed. Returns and refunds are subject to the policies of the third party. Any additional terms, conditions, disclosures, or agreements provided by us, or the third party related to the use of points, Rewards, or Benefits will be part of these Rewards Terms and Conditions.
You may be automatically enrolled with a third party if: You currently have Your Atlas Card stored in the account you maintain with that third party; or You add Your Atlas Card to the account you maintain with the third party. Third parties may require you to take additional action prior to automatically enrolling You. If you are enrolled with a third party, Your Atlas Card Account may be linked to the account you maintain with the third party, based on the card You save on file with such third party. You may de-enroll at any time using the options made available to You by Atlas or the third party.
Statement Credits. Where you use statement credits you earn as part of the Program (which may be, for example, awarded based on meeting certain spend thresholds or performing certain actions, or available as a result of point redemption) (“Statement Credit Redemption”), the applicable U.S. Dollar credit amount will be applied to Your Atlas Card Account, but please note that it may not be immediately reflected or available in Your Atlas Card Account balance. Statement Credit Redemption provides a specific U.S. Dollar amount (unless otherwise stated by Atlas) that is applied as a credit to Your Atlas Account. A Statement Credit Redemption credited to Your Atlas Account will not substitute for Your payment obligations under the Cardholder Agreement, and statement credits cannot be used to pay any minimum payment due on Your Atlas Card Account. You do not earn points on statement credits transactions, and such transactions will not qualify for earning additional Rewards or Benefits. For the avoidance of doubt, statement credits may be either a Reward or Benefit hereunder.
Redemptions Are Final. All redemptions are final and cannot be reversed, except as otherwise required by applicable law or as Atlas may determine in its sole discretion.
Return of Purchases and Other Adjustments. In the event You receive points and/or use a Reward or Benefit and thereafter any transaction on Your Atlas Card Account through which you earned such points or attained eligibility for such Reward or Benefit, in whole or in part, is either refunded, credited, rescinded, or otherwise adjusted, Atlas may, at its discretion, deduct the corresponding points or Reward or Benefit value from Your Atlas Card Account, withhold the subsequent awarding of points or Reward or Benefit value, or collect any amount(s) You owe, in any appropriate manner, including, but not limited to, the posting of an equivalent dollar debit for the retail value of the points, Reward or Benefit You obtained in the form of a debit transaction to Your Atlas Card Account.
Certain Benefits and Rewards may be available to all Program participants, while others may be available only upon reaching specified spending thresholds or based on other eligibility criteria (“Threshold Benefits and Rewards”). Threshold Benefits and Rewards will be unlocked upon Your satisfaction of the applicable eligibility criteria, as determined by Atlas. Atlas reserves the right to add, establish, modify, or eliminate benefit tiers and eligibility criteria at any time. Atlas reserves the right to determine, in its sole discretion, which transactions qualify toward spending thresholds. Threshold Benefits and Rewards must be redeemed within the timeframes specified in the applicable Benefit or Reward terms; unredeemed Threshold Benefits and Rewards will expire and cannot be carried forward.
General. Certain Benefits and Rewards are provided through or in partnership with third-party companies (“Program Partners”). The Program Partners, merchants, and third-party service providers that participate in the Program are not affiliated with Atlas and are not sponsors or co-sponsors of the Program. Program Partners, merchants, and third-party service providers are responsible for the quality and performance of any products or services they provide. Atlas does not control Program Partners or their products, services, availability, pricing, or terms and conditions. Atlas makes no representations or warranties regarding the quality, availability, or fitness for any particular purpose of any products or services provided by Program Partners. Program Partners may modify or discontinue their participation in the Program at any time, or Atlas may modify or discontinue the participation of any Program Partner in the Program at any time, and Atlas is not responsible for notifying You of any such changes. Your use of any Program Partner’s products or services is subject to that Program Partner’s own terms and conditions, and You are responsible for reviewing and complying with those terms. Atlas is not responsible for any disputes between You and a Program Partner.
Point Transfers to Partner Programs. Atlas may, from time to time, provide functionality either through our Services or third-party services that may allow You to transfer points to participating airline, hotel, or other loyalty programs (“Transfer Partners”). Once points have been transferred to a Transfer Partner’s loyalty program, they cannot be returned to Your Atlas Card Account under any circumstances. Atlas is not responsible for any delays in the crediting of transferred points to Your Transfer Partner account. Once transferred, Your points will be governed solely by the Transfer Partner’s own terms and conditions, including any expiration, forfeiture, or redemption rules imposed by the Transfer Partner. Atlas has no control over, and assumes no responsibility for, the Transfer Partner’s treatment of transferred points.
Certain Benefits or Rewards may require booking or activation through specific methods or channels, as determined by Atlas in its sole discretion. For example, certain transactions must be booked via Atlas’s concierge service to count towards Benefit or Reward qualification, and certain Benefits and Rewards may only be redeemed if the applicable booking is made via Atlas’s concierge services. Atlas’s concierge service is provided as a convenience to Program participants and is subject to availability. Atlas reserves the right to modify, suspend, or discontinue concierge services at any time. Atlas is not responsible for the acts or omissions of any third-party service providers engaged through the concierge service.
Benefits, Rewards, and redemption options are subject to availability at the time of redemption and may be limited in quantity or duration. Atlas does not guarantee the availability of any particular Benefit, Reward, or redemption option at any given time. Certain Benefits and Rewards may be subject to capacity constraints, partner availability, or other limitations beyond Atlas’s control. Future availability of any specific item, product, or service is not guaranteed.
Program Changes. Atlas reserves the right, in its sole discretion, to suspend, cancel or modify the Program or portion thereof, including any Benefit or Reward, at any time and for any reason, and without prior notice except where required by applicable law. Atlas reserves the right, in its sole discretion, to add, delete, change, or revise any terms in these Rewards Terms and Conditions, including, but not limited to, qualifications for participation in the Program; Program features or procedures; the imposition or discontinuance of special promotions or offers; additions, deletions, or revisions of Rewards, Benefits, and other redemption options offered or requirements therefor; revisions of the amount of points required for redemption; revisions of point caps, limitations, or expiration periods; revisions to disqualifying events; and the imposition of new, revised, or additional Program terms. Atlas will provide notice of changes to these Rewards Terms and Conditions as required by applicable law. Atlas will provide such notice in writing, which at Atlas’s option may be via the Atlas website or mobile application, Your email, or your billing statement. Your continued participation in the Program following notice of any change constitutes Your acceptance of the revised Rewards Terms and Conditions. Atlas will provide notice of any changes to the Program or these Rewards Terms and Conditions that could detrimentally affect Your rights or benefits under the Program by posting an updated copy of these Rewards Terms and Conditions on our website https://atlascard.com. If Atlas elects to cancel the Program entirely, Atlas will use commercially reasonable efforts to provide You with prior notice if required by applicable law. The natural expiration of a limited time offer is not a modification to the Program that requires notification. The Benefits and Rewards available to You at any given time, and the terms applicable to earning and using points obtained in connection with the Program, are those published on the Atlas website and/or mobile application. Atlas encourages You to review the current Benefits and Rewards and points terms regularly, as they may change.
Third Party Services. Program Partners are in no way affiliated with Atlas, nor are they considered sponsors or co-sponsors of the Program. Administrative services may be provided by third-party service providers. Atlas reserves the right to remove merchants, Program Partners, and third-party service providers from the Program at any time, including when required by applicable laws, rules, or regulations.
Taxes. Your participation in the Program may result in miscellaneous income, and Atlas may be required to send You, and file with the IRS, a Form 1099-MISC (Miscellaneous Information) or Form 1042-S (Foreign Person’s U.S. Source Income Subject to Withholding) for the year in which You participate and are awarded the benefits of the Program. You will be responsible for both determining and paying any federal, state, or local taxes, fees, or other charges, if any, that may be imposed by any governmental or regulatory authority on points earned or redeemed, Benefits received, or rewards obtained through the Program, whether or not such taxes, fees, or other charges are imposed at the time of earning, redemption, or receipt, or at any subsequent point. Should Atlas be required to report taxes, tax reporting, if any, will be made to the tax ID number of the accountholder, based on our records. Please consult Your own tax advisor if You have any questions about Your personal tax situation.
Laws and Regulations; Identity. The Program is owned and administered by Atlas, and is subject to all applicable laws and regulations. You must be an individual and use the Atlas Card Account only for lawful personal, family, household, or permitted business purposes. The Program, including the accrual and/or redemption of points and access to Rewards and Benefits, are void where prohibited by applicable law. We may rely on any oral, written or electronic points redemption instructions we are provided regardless of whether or not You personally stated or sent them. You agree that we are not liable for following instructions of anyone claiming or reasonably appearing to be You.
Indemnification. You agree to indemnify and hold Atlas and our third-party service providers and their respective affiliates, directors, officers, employees, agents, and contractors harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys’ fees) arising from Your or an Additional Card User’s: (i) use of the Program; (ii) fraud or Misuse of the Program; (iii) violation of these Rewards Terms and Conditions; and/or (iv) violation of any applicable law or the rights of any third party.
“Misuse” means the improper use of the Program, Atlas Card, or Atlas Card Account in a manner inconsistent with the terms and conditions you’ve agreed to, including these Rewards Terms and Conditions, the Cardholder Agreement, or the terms and conditions of a third-party merchant or service provider program, through which points may be used or transferred under the Program. Examples of Misuse include, but are not limited to: your failure to make the minimum payment on Your Atlas Card Account when due; buying or selling points; selling, or participating in the sale or exchange of, gift cards, travel, or other items of value obtained through use of points; repeatedly opening or otherwise maintaining credit card accounts for the purpose of generating rewards; manufacturing spend for the purpose of generating rewards; and moving or transferring points to an ineligible third party or account.
Trademarks. All trademarks, service marks, and trade names used in this Program are the property of Atlas or are used with the permission of the respective owners. No use of such trademarks, service marks, or trade names may be made without the prior written authorization of Atlas.
General. While points do not have a scheduled expiration date and will not expire as long as Your Atlas Card Account remains open and in Good Standing, they may be canceled or forfeited as further set forth in these Rewards Terms and Conditions and/or the applicable Supplemental Terms. Other Rewards and Benefits may have scheduled expiration dates and may also be canceled or forfeited as further set forth in these Rewards Terms and Conditions and/or the applicable Supplemental Terms. There are no credits, exchanges or refunds on unused or forfeited points, Rewards, or Benefits. Atlas will not reinstate forfeited points, Rewards, or Benefits unless Atlas has made an error.
Forfeiture Events. Atlas reserves the right, in its sole discretion, to disqualify You or any Additional Card User from participation in the Program and to immediately cancel or invalidate any points Rewards, and/or Benefits, including those that have already been earned, in the following events: (i) Your Atlas Card Account balance is negative for a period of time exceeding 30 days after Atlas provides You notice of such negative balance; (ii) Your Atlas Card Account is in default under the Cardholder Agreement; (iii) Atlas believes You may be unwilling or unable to pay your debts on time, including if You file for bankruptcy; (iv) we close your Atlas Card Account for any reason; (v) You withdraw from the Program; (vi) in cases of actual or suspected Misuse, abuse, fraud, or violations of these Rewards Terms and Conditions, the Supplemental Terms, the Cardholder Agreement, or any other agreement between You and Atlas, or if we otherwise suspect or believe You are or have engaged in activity that we deem to be abusive or “gaming” conduct under the Program, as determined in our sole discretion, including without limitation manufacturing spend, generating points on ineligible purchases, or otherwise circumventing the intended operation of the Program; or (vii) Atlas believes that You have engaged in fraudulent activity related to Your Atlas Card Account or the Program.
Account Closure. If You make a request to Atlas to close Your Atlas Card Account and Your Atlas Card Account has an outstanding balance, Your Atlas Card Account will first be placed in a pending closure state (the “Pending Closure Period”), during which period You may continue to redeem Your points and any unredeemed Rewards and Benefits, provided that You do not lose them for any of the reasons described in these Rewards Terms and Conditions during such period. Once your Atlas Card Account is fully closed, You will no longer be able to redeem points, Rewards, or Benefits, and You will lose such points, Rewards, or Benefits, unless limited or prohibited by applicable law, in which case the applicable unused points, Rewards, or Benefits will be automatically redeemed for cash in the amount required by applicable law in the form of a statement credit to Your Atlas Card Account prior to closure or such other method as reasonably determined by Atlas in compliance with applicable law. If Your Atlas Card Account is closed by Atlas due to inactivity, Atlas will use commercially reasonable efforts to provide You with at least thirty (30) days’ notice prior to the forfeiture of Your points, Rewards, and Benefits. For the avoidance of doubt, this Section does not include account closures for the reasons described in the Forfeiture Events section above, for which there will not be a Pending Closure Period and You will not have any additional time to redeem any points, Rewards, or Benefits.
Suspension of Earning. We may temporarily or permanently suspend Your ability to earn points or qualify for any other Rewards or Benefits at any time, with or without cause.
Death of Account Holder. If Atlas is notified of Your death, Your unredeemed points will be automatically redeemed for cash in the form of a statement credit to Your Atlas Card Account. Benefits and Rewards will be handled as required by applicable law. Atlas reserves the right to require reasonable documentation before processing any redemption or account action following notification of a cardholder’s death.
Atlas and its third-party service providers and their respective affiliates, directors, officers, employees, agents, or contractors make no representations or warranties, either express or implied, including those of merchantability, fitness for intended use, or a particular purpose and otherwise arising by law, custom, usage, trade practice, course of dealing, or course of performance. You release Atlas, its third-party service providers, and their respective affiliates, directors, officers, employees, agents, and contractors for all activity in connection with the Program, including but not limited to, use of the Program, any redemption for or purchase of products or services through the Program, and any changes in these Rewards Terms and Conditions.
Neither Atlas nor its third-party service providers and their respective affiliates, directors, officers, employees, agents, or contractors assumes any responsibility for, or will be liable for, any financial loss, personal injury, property loss or damage, other loss, accident, delay, inconvenience, or irregularity which You and/or Your guest may suffer by reason of any act, default, nonperformance, or wrongful, careless, negligent, or unauthorized act or omission of any Program supplier, its employees, or any third party.
Neither Atlas nor its third-party service providers, their respective employees, officers, affiliates, or agents will be responsible for any errors or omissions, or for any bodily injury or property damage that may result from participation in the Program, nor for any damage, loss, or expense of any nature resulting from the usage of any points, Reward, or Benefit, defects in any Reward or Benefit, or from any cancellation, irregularity, or mishap affecting any points, Rewards, or Benefits received through the Program. Atlas is not responsible for the acts or omissions of any Program Partner or third-party service provider in connection with any points, Rewards, or Benefits.
In no event shall we or any of our affiliates or agents be responsible or liable to You, or anyone claiming through You or on Your behalf, for any indirect, special, exemplary, punitive, or consequential damages, including without limitation lost revenue, lost profits, or lost opportunity, arising out of or relating to any of the acts or omissions of Atlas or any of our respective affiliates or agents, or otherwise in connection with or relating to the Program or its administration, or that result from the use of or inability to use the Program or any points, Rewards, or Benefits, even if we have been made aware of the possibility of such damages. In addition, we make no warranty or representation either expressed or implied, and expressly disclaim any and all liability and damages with respect to type, quality, or fitness for use of goods or services provided through this Program or otherwise obtained by you in connection with the Program or through the use of redeemed Rewards or Benefits. Rewards and Benefits are provided subject to the applicable Program Partner’s own terms and conditions, and Atlas makes no representations or warranties regarding such partner Rewards or Benefits.
You agree to notify Atlas promptly upon the receipt of Your Atlas Card Account statement of any errors relating to the addition or deletion of points, Rewards, or Benefits on Your Atlas Card Account but in no event later than sixty (60) days after the error appeared on Your statement or Atlas Card Account summary. We reserve the right (but are not required) to correct inaccurate points, Rewards, and Benefits values represented in Your Atlas Card Account summary, and to adjust points, Rewards, and Benefits values at our sole discretion. If we do not credit, or improperly deny, points, Reward, or Benefit redemptions to which You were otherwise entitled, then your exclusive remedy will be the issuance of the improperly denied redemption, if available, or such other alternative benefit as we in our sole discretion may determine. Neither we nor any of our affiliates, agents, or representatives have any other or additional liability to You or any other person for such error(s), subject to applicable law.
Atlas is not responsible for any disputes You may have with any Additional Card Users on your account about the Program.
These Rewards Terms and Conditions constitute the entire agreement between You and Atlas with respect to the subject matter described herein, and supersede all prior agreements or representations, written or oral, concerning such subject matter; provided, however, nothing herein modifies the terms and conditions of the Cardholder Agreement. You may not assign any of your rights or obligations under these Rewards Terms and Conditions, in whole or in part, without our prior written consent. We may assign our rights and/or obligations under these Rewards Terms and Conditions, in whole or in part, without Your consent, including in connection with a merger, acquisition, or sale of all or substantially all of Atlas’s assets. We may waive or delay enforcing any of our rights herein without losing them. Neither we nor our service providers are responsible for any disputes between You and a merchant relating to a transaction or goods or services. To the extent permitted by applicable law, these Rewards Terms and Conditions disclaim any implied contractual terms or obligations.
Governing Law. These Terms are governed by the laws of the State of New York without regard to conflict of law principles. Any claim or dispute arising from or relating to these Rewards Terms and Conditions or to the Program will be governed by and construed in accordance with New York law (without regard to its conflicts of law principles) and as applicable, federal law.
Privacy. Atlas’s collection and use of Your personal information in connection with the Program is governed by Atlas’s Privacy Policy, available at https://atlascard.com/legal/privacy.
Contact Us. If You have any questions about the Program or these Rewards Terms and Conditions, please contact Atlas customer service through the Atlas mobile application or at hello@atlascard.com.
Generally. You agree that every dispute arising in connection with these Rewards Terms and Conditions will be resolved through binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, is less formal than a court proceeding, may allow for more limited discovery than in court, and is subject to very limited review by courts. This agreement to arbitrate disputes includes all claims whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Rewards Terms and Conditions. Any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement will be resolved by the arbitrator.
Exceptions. Although we are agreeing to arbitrate most disputes between us, nothing in these Rewards Terms and Conditions will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
Opt-Out. If You do not wish to resolve disputes by binding arbitration, You may opt out of the provisions of this section (“Dispute Resolution and Arbitration”) within 30 days after the date that You agree to these Rewards Terms and Conditions by sending a letter to Atlas Exploration, Inc., Attention: Legal Department – Arbitration Opt-Out, 333 Bush Street, 4th Floor, San Francisco, CA 94104 that specifies: your full legal name, the email address associated with your Atlas Account, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once Atlas receives your Opt-Out Notice, this section (“Dispute Resolution and Arbitration”) will be void and any action arising out of these Rewards Terms and Conditions will be resolved as set forth above in the “Governing Law” sub-section of these Rewards Terms and Conditions. The remaining provisions of these Rewards Terms and Conditions will not be affected by your Opt-Out Notice.
Arbitrator. This arbitration agreement, and any arbitration between us, is subject to the Federal Arbitration Act and will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Rewards Terms and Conditions. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at +1-800-778-7879, or by contacting Atlas.
Commencing Arbitration. Before initiating arbitration, a party must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Atlas’s address for Notice is: Atlas Exploration, Inc., 333 Bush Street, 4th Floor, San Francisco, CA 94104. The Notice of Arbitration must: (a) identify the name or account number of the party making the claim; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, You or Atlas may commence an arbitration proceeding. The payment of all fees will be governed by the AAA Rules.
Arbitration Proceedings. Any arbitration hearing will take place in the county and state of Your billing address unless we agree otherwise or, if the claim is for US$10,000 or less (and does not seek injunctive relief), You may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a telephonic or video hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. During the arbitration, the amount of any settlement offer made by You or Atlas must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.
Arbitration Relief. Except as provided in the “No Class Actions” sub-section below, the arbitrator can award any relief that would be available if the claims had been brought in a court of competent jurisdiction. If the arbitrator awards You an amount higher than the last written settlement amount offered by Atlas before an arbitrator was selected, Atlas will pay to you the higher of: (a) the amount awarded by the arbitrator and (b) US$10,000. The arbitrator’s award shall be final and binding on all parties. Judgment on the award may be entered in any court having jurisdiction.
No Class Actions. YOU AND ATLAS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Modifications to this Arbitration Provision. If Atlas makes any substantive change to this arbitration provision, You may reject the change by sending us written notice within 30 days of the change to Atlas’s address for Notice of Arbitration, in which case your account with Atlas will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
Enforceability. If the “No Class Actions” sub-section above or the entirety of this section (“Dispute Resolution and Arbitration”) is found to be unenforceable, or if Atlas receives an Opt-Out Notice from You, then the entirety of this section (“Dispute Resolution and Arbitration”) will be null and void and, in that case, the exclusive jurisdiction and venue described above in the “Governing Law” sub-section of these Rewards Terms and Conditions will govern any action arising out of or related to these Rewards Terms and Conditions.
By earning or redeeming points, or accessing any Reward or Benefit, under the Program, You acknowledge that You have read, understood, and agree to all of the terms, features, limitations, and restrictions contained in these Rewards Terms and Conditions, as well as any additional terms and conditions applicable to specific Rewards or Benefits, promotions, or transactions that may be offered to You from time to time.
For information about the Rewards and Benefits currently available under the Program, please refer to the Rewards and Benefits page, as updated from time to time.
