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Credit Card Crypto Rewards Program

Last updated: April 26, 2023

Welcome to the Gemini Credit Card Crypto Rewards Program (the “Rewards Program”)! 

The Rewards Program is offered by Gemini Trust Company, LLC (“Gemini Trust”) and enables eligible Gemini Trust customers to receive digital asset rewards (“Rewards”) on certain Qualifying Purchase Transactions (defined below) made using the Gemini Mastercard® Credit Card (the “Gemini Card” or “Card”). The Card is issued by WebBank, an FDIC-insured, Utah state-chartered industrial bank headquartered in Salt Lake City, Utah (the “Bank”). Gemini Constellation, LLC (“Gemini Constellation”) is the servicer of your Gemini Card and the servicer of this Rewards Program. In its capacity as servicer of this Rewards Program, Gemini Constellation is a third-party service provider to us in connection with the Rewards Program and, among other services, provides us instructions as to when and how much Rewards to deposit into your account with Gemini Trust (your “Gemini Trust Account”) after making Qualifying Purchase Transactions using your Gemini Card, as described herein. 
In these Gemini Credit Card Crypto Rewards Program Terms and Conditions (the “Rewards Program Terms”), the words “we”, “us” and “our” each mean Gemini Trust. The words “you”, “your”, and “yours” mean each and all of those who apply for, sign, or use a Gemini Card and participate in the Rewards Program. “Digital asset” or “cryptocurrency” each mean a digital asset (also called a “virtual currency,” “digital currency,” or “virtual commodity”), such as bitcoin or ether, which is a digital representation of value based on (or built on top of) a cryptographic protocol of a computer network.
By maintaining your Gemini Trust Account and using your Card, you are accepting and agreeing to these Rewards Program Terms. The following are incorporated by reference into these Rewards Program Terms: (i) Gemini Trust User Agreement, (ii) Eligible Digital Assets, (iii) Descriptions of Rewards Tiers, (iv) Description of Post-Clear Rewards and (v) our Privacy Policy (collectively the “Incorporated Terms”). These Rewards Program Terms are available at gemini.com/legal/credit-card-rewards-agreement.  These Rewards Program Terms relate only to the Rewards Program. 
We may, from time to time and in our sole discretion, amend, delete or add to these Rewards Program Terms and may change or limit any aspect of the Rewards Program and its restrictions, benefits or features, in whole or in part. Changes may include, but are not limited to, changing the definition of Qualifying Purchase Transactions, the distribution of Rewards, the imposition of an annual Rewards Program membership fee or of any fees associated with the Rewards Program, the percentage applied to calculate the amount of Rewards, the method used to calculate the amount of Rewards, the eligible digital assets in which to receive your Rewards, or the amount of digital assets that you may be eligible to receive. We will post any such changes to these Rewards Program Terms at gemini.com/legal/credit-card-rewards-agreement. It is your responsibility to review these Rewards Program Terms (including the Incorporated Terms) for any such changes. We reserve the right to notify you of such changes via our website, or otherwise, but, other than as required by applicable law, we have no obligation to notify you of every update. 
Arbitration. Any controversy, dispute or claim arising out of or relating to these Rewards Program Terms shall be subject to the dispute resolution provisions contained in the Dispute Resolution section of the Gemini Trust User Agreement (defined below) which is incorporated herein by reference.
The Rewards Program may be terminated at any time for any reason without advance notice and will terminate automatically without notice in the event the Gemini exchange permanently ceases to operate.
Eligibility and Enrollment
To be eligible to participate in the Rewards Program, you must have a Gemini Trust Account). Your Gemini Trust Account is subject to Gemini Trust’s User Agreement, available at www.gemini.com/legal/user-agreement (as modified, amended or changed by Gemini Trust from time to time, the “Gemini Trust User Agreement”). The Gemini Trust User Agreement is a separate and independent agreement, and these Rewards Program Terms do not modify or supersede any terms of the Gemini Trust User Agreement.  In the event of a conflict between the Gemini Trust User Agreement and these Rewards Program Terms, the Gemini Trust User Agreement will govern, except the Rewards Program Terms will govern in any matter solely relating to the Rewards Program. Your Gemini Trust Account includes subaccounts, including a “Digital Asset Account”, as defined in the Gemini Trust User Agreement. To use your Gemini Trust Account, including to withdraw Rewards, you must first successfully provide the required identification information pursuant to Gemini Trust’s BSA/AML Program specified in the Gemini Trust User Agreement. Use of your Gemini Trust Account (including the Rewards transferred to your Gemini Trust Account) is governed by the Gemini Trust User Agreement.
To be eligible to participate in the Rewards Program, you must also be a cardholder of the Gemini Card. Your Cardholder Agreement (defined below) is a separate and independent agreement that governs the terms and conditions and use of your Card, and these Rewards Program Terms do not modify or supersede any terms of the Cardholder Agreement. In the event of a conflict between the Cardholder Agreement and these Rewards Program Terms, the Cardholder Agreement will govern, except the Rewards Program Terms will govern in any matter solely relating to the Rewards Program. When you are approved for your Card, your account (your “Card Account”) is automatically enrolled in the Rewards Program and will remain enrolled unless you fail to keep your Card Account and your Gemini Trust Account active or we otherwise suspend, terminate, or disqualify your ability to receive Rewards or participate in the Rewards Program in accordance with these Rewards Program Terms. We refer to your Gemini Trust Account and Card Account together as your “Gemini Accounts.”
If at any time your Gemini Accounts are not in Good Standing (defined below), Gemini Constellation, as the servicer of your Card Account, may suspend your ability to make transactions using your Card and, as a result, you will not be eligible to receive Rewards. If either of your Gemini Accounts are closed by us or Gemini Constellation (or your Card Account is closed by the Bank), as applicable, because they are not in Good Standing or for any other reason you will no longer be eligible to receive Rewards. ‍
Our failure or delay in enforcing any of your obligations, or exercising a right or remedy, does not amount to a waiver of that obligation, right or remedy. Additionally, if we waive a particular obligation in one circumstance, it does not prevent us from subsequently requiring compliance with the obligation on other occasions.
Receiving Rewards 
Upon approval of your Card, you will be asked to select a digital asset from the list of eligible digital assets in order to receive Rewards in that digital asset. You may change your election at any time and as many times as you like, and your then-current election will be used for all new future Qualifying Purchase Transactions. If you fail to select a digital asset from Gemini Trust’s list of eligible digital assets, you will automatically receive Rewards in bitcoin, unless and until you change your election. 
You will be eligible to receive Rewards for all Qualifying Purchase Transactions made using your Card. You will not be eligible to receive any Rewards if you do not make any Qualifying Purchase Transactions. Gemini Constellation will determine when and how much Rewards you are eligible to receive for each Qualifying Purchase Transaction and instruct us to transfer this amount of Rewards to your Digital Asset Account. You can view your Rewards by logging into your Gemini Trust Account and visiting the “Card” tab of the Gemini Website and/or Mobile Application. Rewards can also be viewed in the Transfer history of your Digital Asset Account on the Web Application or in the Transaction history on Mobile Application. 
When You Will Receive Your Rewards  
There are three categories of Rewards: Instant Rewards, Post-Clear Rewards and Merchant Reward Offers. 
Instant Rewards:All Qualifying Purchase Transactions, other than transactions designated as eligible to receive Post-Clear Rewards (described below), are eligible for Instant Rewards. Gemini Constellation calculates Instant Rewards (and instructs us to deposit Instant Rewards into your Digital Asset Account) as of the authorization of a transaction using your Card, subject to any adjustments that are calculated when the Qualifying Purchase Transaction clears. For example, if you purchase goods in person or online at a retail store or website, Gemini Constellation may instruct us to automatically transfer Instant Rewards to your Digital Asset Account when the Qualifying Purchase Transaction is initially authorized and is still processing but not yet posted to your Card Account. When the Qualifying Purchase Transaction posts to your Card Account and after as needed, Gemini Constellation will calculate to determine whether any adjustments are necessary (described in the How Your Rewards Will Be Calculated section below), and the final calculation of Rewards for the Qualifying Purchase Transaction will reflect this adjustment. 
Post-Clear Rewards: Qualifying Purchase Transactions that are eligible to receive Rewards when the transaction clears are categorized as “Post-Clear Rewards”. The full list of categories (including merchants), or transactions that are only eligible for Post-Clear Rewards and not eligible for Instant Rewards is here and may be updated from time to time in our or Gemini Constellation’s sole discretion. Gemini Constellation calculates Post-Clear Rewards (and instructs us to deposit Post-Clear Rewards into your Digital Asset Account) only at the time the underlying Qualifying Purchase Transaction is posted to your Card Account. These categories of Qualifying Purchase Transactions include certain transactions made at hotels, gas stations, car rental agencies, and any other transactions that a merchant’s acquiring bank or payment processor specifies as a pre-authorization. A pre-authorization results in an authorization hold in which the merchant authorizes an electronic transaction of a specified amount (usually more than the expected transaction amount) and holds this balance until the transaction clears. 
Example: A gas station may place a $50 hold when authorizing the card even if you only intend to purchase $20 worth of gas. The $50 hold will remain until the transaction clears and posts to your Account, which can take 24-72 hours. In this example, you will receive Rewards on the $20 worth of gas when it clears and posts to your Account (and you will not receive Rewards on the $50 authorization hold). 
Merchant Reward Offers: Qualifying Purchase Transactions from certain participating merchants are eligible for Merchant Reward Offers (see Merchant Reward Offers description in the “How Your Rewards Will be Calculated section). Merchant Reward Offers are in addition to the Instant Rewards or Post-Clear Rewards. Gemini Constellation calculates Merchant Reward Offers based on the information it receives from its third-party service provider (and instructs us to deposit Merchant Reward Offers into your Digital Asset Account) only at the time the third-party service provider confirms the underlying transaction with the applicable merchant. In most cases, Merchant Reward Offers will be confirmed by the third-party service provider and thus made available within thirty days of when the underlying Qualifying Purchase Transaction is posted to your Card Account.
The transfer of Rewards to your Gemini Trust Account from time to time may be delayed for any reason referenced in the Gemini Trust User Agreement, including for example, in the event of any scheduled maintenance, unscheduled downtime, market congestion, systems failure, mechanical or electronic failure, error, interruption, delay, or due to any other risk or circumstance resulting in the inability to transfer Rewards to your Digital Asset Account. In the event of any such delay, the transfer of Rewards will be completed at a reasonable time period after the reason causing the delay is resolved, and the conversion into the selected digital asset will be done at the time of such transfer. Value of Rewards is subject to market fluctuations.
How Your Rewards Will Be Calculated
Rewards Tiers: You will be eligible for Rewards for all Qualifying Purchase Transactions on a tiered basis.
Descriptions of the Rewards tiers, the corresponding merchants, the percentage of the posted Qualifying Purchase Transaction for each Rewards tier, and any restrictions or limitations on such Rewards tiers can be found here. From time to time, we may offer you the opportunity to earn promotional Rewards on Qualifying Purchase Transactions at select merchants (“Promotional Rewards”).  Promotional Rewards are subject to the terms of the Rewards Program. Promotional Rewards, if any, the percentage (%) of Promotional Rewards earned with Qualifying Purchase Transactions at each merchant, and any terms and exclusions can be found here.
Merchant Reward Offers: In addition to rewards earned on a tiered basis, you are eligible to earn Rewards offers by making Qualifying  Purchase Transactions from participating merchants (“Merchant Reward Offers”). A current list of participating merchants and offer terms of the Merchant Reward Offers is available in the “Merchant Reward Offers” section of the Card tab of the Gemini Website and/or Mobile. Participating merchants and offer terms may be changed from time to time without notice. Merchant Reward Offers are powered by a third-party service provider Dosh. By using the Gemini Credit Card, you consent to us sharing your information with Dosh and are agreeing to the Dosh Terms of Service and Dosh Privacy Policy. To opt-out of the Merchant Reward Offers program, please contact customer service at 1-877-725-1116.
Gemini Constellation’s calculation of eligible Rewards to be transferred to your Digital Asset Account will be calculated as follows. At all times, value of Rewards is subject to standard market fluctuations. 
  • The U.S. Dollar amount of each Qualifying Purchase Transaction (either at the time of authorization in the case of Instant Rewards, or at the time of clearing in the case of Post-Clear Rewards), is multiplied by the percentage corresponding to the transaction type (see Description of Rewards Tiers). 
    • In the case of Merchant Reward Offers, the U.S. Dollar amount of such Qualifying Purchase Transaction at the time the transaction clears is also multiplied by the percentage corresponding to the applicable Merchant Reward Offer. This amount will also be used in the below calculation. The calculation for Merchant Reward Offers, if applicable, will be done separate from and in addition to the calculation for the underlying Rewards. 
  • This U.S. Dollar amount will be rounded up to the nearest cent but will not be less than one cent.
  • This U.S. Dollar amount is then converted into the digital asset in which you selected to receive Rewards at the time that you made the Qualifying Purchase Transaction. The digital asset in which you selected to receive Rewards at the time you made the Qualifying Purchase Transaction will also be the digital asset used for Post-Clear Rewards, Merchant Reward Offers and for Positive Rewards Adjustments (defined below), even if you changed the selected digital asset before the authorization of the Qualifying Purchase Transaction clears.
  • The conversion will be made at the market price (as provided by Gemini Exchange) of the selected digital asset at the time your Rewards are transferred into your Digital Asset Account. The market price is calculated as the most recent order for that digital asset on Gemini Exchange’s order book at such time, or as otherwise reasonably calculated.
  • If the value of the digital asset calculated contains decimals beyond the number we support for that digital asset, it will be rounded up to the smallest decimal value we support for that cryptocurrency. 
Such calculation and the amount of Rewards you are eligible to receive in your Digital Asset Account are subject to credits, adjustments, charges or corrections as described below.
Rewards Adjustment: If a credit is issued to your Card Account as provided below, Gemini Constellation will deduct the original U.S. Dollar amount of Rewards associated with that credit from the amount of Rewards associated with the next transaction, or transactions if necessary (a “Rewards Adjustment”). If you make a Qualifying Purchase Transaction for which a Merchant Reward Offer was transferred to your Digital Account, Gemini Constellation reserves the right to make a Rewards Adjustment in the original U.S. Dollar amount of Merchant Reward Offer associated with that credit. For clarity, Gemini Constellation will not send us instructions to transfer the amount of the Rewards Adjustment to your Digital Asset Account, and you will not receive future Rewards in the amount of the Rewards Adjustment. After the Rewards Adjustment is complete for any given credit, you will continue to earn Rewards normally on future Qualifying Purchase Transactions. If you have a Rewards Adjustment at the time your Card Account is closed, you will remain obligated to pay the amount of the Rewards Adjustment, and Gemini Constellation may designate such amount as a Rewards Charge or a Rewards Correction. A Rewards Adjustment can occur in a number of circumstances, including the following:
  • You make a Qualifying Purchase Transaction using your Card and later make a return or a merchant otherwise credits your Card Account;
  • You make a Qualifying Purchase Transaction for which Instant Rewards were automatically transferred to your Digital Asset Account, but the value of such Qualifying Purchase Transaction when it clears and is posted to your Card Account is less than the value when the Qualifying Purchase Transaction was initially authorized;
  • You make a Qualifying Purchase Transaction for which Instant Rewards were automatically transferred to your Digital Asset Account, but such Qualifying Purchase Transaction ages off (i.e. does not clear or post to your Card Account) or does not clear or post to your Card Account within five days of the original Qualifying Purchase Transaction;
  • You successfully dispute a transaction for which you initially received Rewards, which results in a permanent credit being applied to your Card Account; 
  • A transaction is made using your Card for which Rewards were transferred to your Digital Asset Account, and we later determine that such transaction is not a Qualifying Purchase Transaction; 
  • A merchant erroneously charges you more than once for a Qualifying Purchase Transaction and Instant Rewards for such Qualifying Purchase Transaction were automatically transferred to your Digital Asset Account, and the Merchant later reverses the duplicate charge(s) prior to such transactions posting; or
  • You violate or we believe you are violating these Rewards Program Terms, including but not limited to, abusing or gaming the Rewards Program or fraudulent activity on your Card Account that is later reversed.
Example: You made a Qualifying Purchase Transaction of $100 and received a Reward of $2.00 converted into the digital asset in which you selected to receive Rewards at the time that you made the Qualifying Purchase Transaction. If you later return that purchase, Gemini Constellation will deduct $2.00 from the amount associated with future Reward(s) prior to converting it to a digital asset, resulting in a Rewards Adjustment. It is possible we may deduct from more than one future Reward to fully offset the credit. 
If you make a Qualifying Purchase Transaction for which Instant Rewards were automatically transferred to your Digital Asset Account, but the value of such Qualifying Purchase Transaction when it clears and is posted to your Card Account is more than the value when the Qualifying Purchase Transaction was initially authorized, Gemini Constellation will treat this as a “Positive Rewards Adjustment”. In the event of a Positive Rewards Adjustment, Gemini Constellation will use the excess U.S. Dollar amount that is posted to your account when the Qualifying Purchase Transaction clears to calculate the excess Rewards owed and will send us instructions to deposit such amount as a Positive Rewards Adjustment.   
Example: You made a Qualifying Purchase Transaction of $50 and received a Reward of $1.00 converted into the digital asset in which you selected to receive Rewards at the time that you made the Qualifying Purchase Transaction. If the Qualifying Purchase Transaction later clears with a final value of $60, Gemini Constellation will calculate the excess rewards owed on the $10 difference between the authorization amount and the posted amount and will send us instructions to deposit $0.20 converted into the digital asset in which you selected to receive Rewards at the time that you made the Qualifying Purchase Transaction.
Rewards Charge: In lieu of effecting a Rewards Adjustment, we and Gemini Constellation, as servicer of the Card and this Rewards Program, reserve the right to charge your Card Account in one or more transactions in an amount equal to the Rewards Adjustment (a “Rewards Charge”). A Rewards Charge may be incurred if you have a Rewards Adjustment which you do not complete (i.e. net out through one or more Qualifying Purchase Transactions) within a thirty (30) day period or if you have any outstanding Rewards Adjustments at the time your Card Account is closed. In addition, we and Gemini Constellation reserve the right to charge a Rewards Charge in the event you misuse the Rewards Program or as we or Gemini Constellation otherwise determine in accordance with these Rewards Program Terms.  You hereby authorize any such Rewards Charge.  
Example: You made a Qualifying Purchase Transaction of $100 and received a $2.00 Reward converted into the digital asset in which you selected to receive Rewards at the time that you made the Qualifying Purchase Transaction. If you later returned that purchase and incur a Rewards Adjustment but do not make any Qualifying Purchase Transactions in the next thirty days, we or Gemini Constellation may charge your Card Account $2.00, in lieu of effecting a Rewards Adjustment.
Rewards Charges will be reflected on your monthly Card statement and any unpaid Rewards Charge remaining on your Card Account at the end of that cycle will be due in full as part of the minimum payment due on the next payment due date. Rewards Charges may be charged as separate transactions and/or may appear on a future monthly statement instead of the monthly statement on which the return or merchant credit is listed. The Bank will not charge interest on any Rewards Charge billed to your Card Account. If you fail to pay any Rewards Charge by the payment due date listed on your monthly statement, your Card Account will be considered delinquent and Gemini Constellation may exercise, in its capacity as Card servicer on behalf of the Bank, any of the Bank’s rights and remedies under the Cardholder Agreement. If you have a Rewards Charge at the time your Card Account is closed, you will remain obligated to pay such amount.
Rewards Correction: In addition, if Gemini Constellation mistakenly instructs us to provide you with Rewards in an amount greater than you were entitled to, you agree that Gemini Constellation can, at its sole discretion, instruct us to recover from your Digital Asset Account the excess amount that we were instructed to transfer (a “Rewards Correction”), or seek a return of the Rewards Correction from you. If you have a Rewards Correction at the time your Card Account is closed, you will remain obligated to pay such amount either as a Rewards Correction or as a Rewards Charge.
Gemini Constellation, as the servicer of the Rewards Program, reserves the right to determine whether a particular transaction meets the definition of a Qualifying Purchase Transaction and whether any Qualifying Purchase Transaction gives rise to a Rewards Adjustment, Rewards Charge or Rewards Correction. Gemini Constellation may withhold or instruct us to recover any Reward if it determines that such Reward was obtained under wrongful or fraudulent circumstances, that inaccurate or incomplete information was provided when opening either of your Gemini Accounts, or that any terms of your Cardholder Agreement or these Rewards Program Terms have been violated. We reserve the right to follow the instructions we receive from Gemini Constellation and recover any Rewards that Gemini Constellation so instructs.
Monitoring Your Rewards; Questions, Errors, and Disputes about Rewards
It is your responsibility to regularly monitor your Rewards, as well as your Card Account and billing statements. 
If you believe that you are eligible for Rewards that you have not received, or that you received Rewards that were calculated erroneously or any other error in connection with your Rewards amount, you must report the possible error to Gemini Constellation promptly, but no later than 60 days after the date of the billing statement that you believe reflects the error. After this 60-day period, your Rewards as shown on such billing statement shall be deemed accurate, except that Gemini Constellation may affect a Rewards Adjustment, Rewards Charge or Rewards Correction if warranted for the reasons discussed in these Rewards Program Terms.
You may report the possible error or submit a dispute by contacting Gemini Constellation at 1-877-725-1116 or by writing to Gemini Constellation at 600 Third Avenue, 2nd Floor, New York, NY 10016, Attn. Rewards Dispute.
To help Gemini Constellation resolve any errors, it may require you to submit documentation, which may include copies of receipts, invoices or purchase orders. We, through our servicer Gemini Constellation, serve as the final record of your Rewards activity. In the event there is a discrepancy between your records and ours, the information from Gemini Constellation and us shall be deemed correct. If we or Gemini Constellation fail to credit, improperly deny, or improperly reverse Rewards that you are entitled to, then, subject to applicable law, your only remedy will be the issuance of the improperly denied or reversed Rewards calculated at the market price of the digital asset selected at the time of such issuance, if available, or another alternative comparable benefit as we may determine in our sole discretion, including Rewards in a different digital asset. Neither we, nor the Bank, nor Gemini Constellation, nor any of our respective affiliates will have any other or additional liability to you or any other person whatsoever for any such errors.
Termination and/or Suspension of Rewards 
It will be considered a misuse of the Rewards Program if we, or Gemini Constellation as the servicer of the Rewards Program, identify, in our or their reasonable discretion, any:
  • Potentially fraudulent or suspicious activity with respect to the Rewards Program or your Gemini Accounts; 
  • Potentially abusive or gaming behavior; or
  • Violation of the terms of your Cardholder Agreement, these Rewards Program Terms or the Gemini Trust User Agreement. 
Any misuse of the Rewards Program is a violation of this Agreement and may also result in:
  • The forfeiture of any Rewards; or 
  • The suspension or termination of your ability to receive Rewards; or
  • The suspension or termination or closure of your Gemini Accounts.
If your Gemini Accounts are otherwise in Good Standing but your ability to receive Rewards has been suspended or terminated, we will notify you when accessing Gemini, or otherwise. In all other events, we, or Gemini Constellation as the servicer of the Rewards Program, may, in our sole discretion, provide notice that any of the above actions have been taken and may, in our sole discretion, disclose the reasons for such action, if permitted to do so by law.

If your Gemini Trust Account is not in Good Standing, access to and use of your Gemini Trust Account (including Rewards deposited into your Gemini Trust Account) are at all times subject to the Gemini Trust User Agreement.
Your ability to participate in the Rewards Program ends when either of your Gemini Accounts is closed.
Rewards Limitations and Forfeiture
Transactions made with a lost, cancelled, stolen, or fraudulent Card are not eligible for Rewards. In the event Rewards for a transaction made with a lost, cancelled, stolen, or fraudulent Card are transferred to your Digital Asset Account, they will be treated as a Rewards Adjustment, Rewards Charge or Rewards Correction, as determined by Gemini Constellation.
Moreover, transactions made after the following events are not eligible for Rewards: (1) you file for bankruptcy, (2) you or Gemini Trust or Gemini Constellation close any of your Gemini Accounts, as applicable, (3) you fail to comply with your Cardholder Agreement, these Rewards Program Terms or the Gemini Trust User Agreement, (4) Gemini Trust or Gemini Constellation believe that you have engaged in fraudulent activity related to your Gemini Accounts or the Rewards Program, (5) you are disqualified from participation in the Rewards Program pursuant these Rewards Program Terms. In the event Rewards for a transaction made in such circumstances are transferred to your Digital Asset Account, they will be treated as a Rewards Adjustment, Rewards Charge or Rewards Correction, as determined by Gemini Constellation.
You may not receive Rewards during any time in which you are delinquent in making payments on your Card Account, or during which your Card Account is not in Good Standing, unless determined otherwise in the sole discretion of Gemini Constellation. 
General Provisions
Audit Review
Gemini Trust and Gemini Constellation, in its capacity as servicer of this Rewards Program, reserve the right to review your Gemini Accounts for compliance with your Cardholder Agreement, these Rewards Program Terms or the Gemini Trust User Agreement. In the event the review reveals any discrepancy in the Rewards transferred and credited to your Gemini Trust Account, Rewards distribution may be delayed until such discrepancies are resolved. 
Limitation of Liability
IN NO EVENT SHALL GEMINI TRUST, NOR OUR AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, NOR ANY OF OUR OR THEIR SUPPLIERS (INCLUDING PAYMENT CARD NETWORKS AND PAYMENT PROCESSORS) OR CONTENT PROVIDERS NOR THE BANK, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE REWARDS PROGRAM OR THE REWARDS (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) THE VALUE OF ANY OF YOUR ALLEGEDLY LOST REWARDS AMOUNT IN THE CUSTODY OF GEMINI AT THE TIME OF LOSS. 
YOU AGREE AND UNDERSTAND THAT NEITHER WE NOR OUR AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, NOR ANY OF OUR OR THEIR SUPPLIERS (INCLUDING PAYMENT CARD NETWORKS AND PAYMENT PROCESSORS) OR CONTENT PROVIDERS NOR THE BANK, SHALL BE LIABLE FOR DELAYS OR INTERRUPTIONS IN THE TRANSFER OF YOUR REWARDS TO YOUR DIGITAL ASSET ACCOUNT CAUSED BY AUTOMATED OR OTHER COMPLIANCE CHECKS OR FOR OTHER REASONABLE DELAYS OR INTERRUPTIONS IN SERVICE, BY DEFINITION TO INCLUDE ANY DELAY OR INTERRUPTION SHORTER THAN ONE WEEK, OR DELAYS OR INTERRUPTIONS IN SERVICE BEYOND THE CONTROL OF GEMINI OR ITS SERVICE PROVIDERS.
No Warranties
THE REWARDS PROGRAM, REWARDS AND ALL CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE.” THE REWARDS PROGRAM, REWARDS AND CONTENT ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, 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. GEMINI TRUST AND ITS AFFILIATES, LICENSORS AND OUR AND THEIR SUPPLIERS (INCLUDING PAYMENT CARD NETWORKS AND PAYMENT PROCESSORS) AND BANK DO NOT WARRANT THAT: (1) THE CONTENT IS TIMELY, ACCURATE, COMPLETE, RELIABLE OR CORRECT; (2) THE REWARDS PROGRAM WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (3) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (4) THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (5) THE RESULTS OF USING OR PARTICIPATING IN THE REWARDS PROGRAM WILL MEET YOUR REQUIREMENTS. YOUR USE OR PARTICIPATION OF THE REWARDS PROGRAM IS SOLELY AT YOUR OWN RISK.
Indemnification
You shall defend, indemnify, and hold harmless us and our affiliates, the Bank, third-party service providers, directors, officers, employees, contractors and suppliers from and against any loss, damage, liability, claim, cost or expense of any kind, including reasonable attorneys’ fees, that arise from your use of the Rewards Program, any fraud or misuse of the Rewards Program, violation of these Rewards Program Terms, infringement of any intellectual property, and/or violation of any applicable law or the rights of any third party. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses. 
If you are a California resident, you waive California Civil Code Section 1542, which states:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
Governing Law
These Rewards Program Terms, your rights and obligations, and all actions contemplated by, arising out of or related to these Rewards Program Terms shall be governed by the laws of the State of New York, as if these Rewards Program Terms is a contract wholly entered into and wholly performed within the State of New York. 
Survival
You agree and understand that all provisions of these Rewards Program Terms, which by their nature extend beyond the termination or expiration of these Rewards Program Terms, including, but not limited to, sections pertaining to suspension, investigations, remedies for breach, termination, debts owed, right to offset, unclaimed funds, disputes with us, and general provisions, shall survive the termination or expiration of these Rewards Program Terms.
Miscellaneous 
Section headings in these Rewards Program Terms are for convenience only, and do not govern the meaning or interpretation of any provision of these Rewards Program Terms. Unless the express context otherwise requires: (i) the words “hereof,” “herein,” “hereunder” and words of similar import, when used in these Rewards Program Terms, shall refer to these Rewards Program Terms as a whole and not to any particular provision of these Rewards Program Terms; (ii) the terms defined in the singular have a comparable meaning when used in the plural and vice versa; (iii) wherever the word “include,” “includes” or “including” is used in these Rewards Program Terms, it shall be deemed to be followed by the words “without limitation”; (iv) the word “extent” in the phrase “to the extent” shall mean the degree to which a subject or other thing extends and such phrase shall not mean simply “if”; and (v) the word “or” shall not be interpreted to be exclusive.
Other Important Information You Should Know
Entire Agreement. These Rewards Program Terms, as well as the Incorporated Terms incorporated by reference herein, comprise the entire understanding and agreement entered into by and between you and Gemini Trust as to the Rewards Program, and supersede any and all prior discussions, agreements, and understandings of any kind (including without limitation any prior versions of these Rewards Program Terms, as well as every nature between and among you and us.
Rights to Rewards. You acknowledge and agree that Gemini Trust and Gemini Constellation, in its capacity as servicer of this Rewards Program, have sole discretion in the administration of this Rewards Program and that you have no rights to any Rewards unless and until such Rewards are deposited in your Digital Asset Account, subject to any credits or reversals or setoffs as described herein.
Termination. The Rewards Program may be terminated at any time for any reason without advance notice and will terminate automatically without notice in the event the Gemini exchange permanently ceases to operate. All decisions by Gemini Trust and Gemini Constellation, in its capacity as servicer of this Rewards Program, regarding the Rewards Program are final. 
Taxes. You are responsible for any tax liability you incur related to your participation in the Rewards Program. Please consult your tax advisor concerning any such income or other tax consequences. 
Rewards Program Assistance and Website. If you have questions regarding your Rewards or the Rewards Program, you can contact Gemini Constellation at 1-877-725-1116 or by writing to Gemini Constellation at 600 Third Avenue, 2nd Floor, New York, NY 10016, Attn. Rewards Inquiries. 
Privacy of Information. You acknowledge and agree to the collection, use, and disclosure of your personal information in accordance with our Privacy Policy, which is incorporated into these Rewards Program Terms by reference.
Operation and Administration. Gemini Trust offers the Rewards Program and Gemini Trust, together with Gemini Constellation, as our third-party service provider, is responsible for the operation and administration of the Rewards Program.
Definitions
Cardholder Agreement means the agreement between you and the Bank which sets forth the terms governing your Card Account, as modified, amended or changed by the Bank from time to time. The Cardholder Agreement is available at https://www.gemini.com/legal/constellation-cardholder-agreement.
Good Standing means: 
  • With respect to your Card Account: Your Card Account privileges and/or your right to use the Card have not been suspended, revoked, closed, canceled or terminated for any reason and/or your Card Account is not in default for any reason, in each case as explained in the Cardholder Agreement. 
  • With respect to your Gemini Trust Account: Your Gemini Trust Account has not been closed, suspended or terminated for any reason, as explained in the Gemini Trust User Agreement. 
Qualifying Purchase Transaction(s) means the dollar amount of purchases of goods or services you make with your Card, including sales tax. The following transactions are NOT considered purchases and are NOT Qualifying Purchase Transactions and you will NOT be eligible to receive Rewards for such transactions:
  • ATM transactions;
  • Card Account fees;
  • Interest charges;
  • Cash advance transactions ;
  • Transactions to obtain gift cards, prepaid debit cards, traveler’s checks, precious metals, casino chips, cryptocurrency, lottery tickets or other cash equivalents;
  • Balance transfers;
  • Credit card convenience checks;
  • Reloading of prepaid cards or other cash equivalents; 
  • Illegal, fraudulent or unauthorized transactions or other prohibited uses under your Cardholder Agreement; 
  • Credits for returned merchandise or for account adjustments; 
  • Gaming-related transactions; 
  • Rewards Charges and any other payment toward your Card balance; and 
  • Transactions made when your Card Account is not in Good Standing. 
Gemini Constellation, in its capacity as the servicer of the Rewards Program, reserves the right to determine in its sole discretion whether a particular transaction is a Qualifying Purchase Transaction and may establish additional exclusions at any time. All Qualifying Purchase Transactions, credits and adjustments are subject to verification.


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