Last updated: October 31, 2022
The McDonald’s Arch Card Terms and Conditions (“Agreement”) describe the terms and conditions that apply to the purchase, acceptance, and use of any McDonald’s Arch Card (“Arch Card”). The following McDonald’s Arch Card Corporate Sales Terms and Conditions (the “Terms and Conditions”) additionally apply to the purchase of Arch Cards through the Arch Card Corporate Sales program (sometimes otherwise referred to as the Bulk Sales program) (the “Program”). In the event of a conflict between the Agreement and these Terms and Conditions, these Terms and Conditions shall control.
Arch Cards are issued by P2W, Inc. NFP (“P2W”), a trade association that is authorized to issue McDonald's gift cards and is responsible for the operation and maintenance of the McDonald's Arch Card program in the United States. P2W is the sole legal obligor to the cardholder.
To order Arch Cards in bulk for your business needs through the Program, you will need to register for a McDonald’s Arch Card Corporate Account. P2W reserves the right to accept or reject applications or refuse an order of Arch Cards for any reason in its sole discretion and for any reason whatsoever. Arch Cards may not be re-sold or offered for sale by Purchaser without the prior written consent of P2W.
1. P2W Does Not Operate Any Restaurants.
Most McDonald’s restaurants are owned and operated by independent franchisees of McDonald’s and some are operated by McDonald’s subsidiaries (such franchisees and subsidiaries are together, “restaurants”). Each restaurant is solely and independently responsible for its legal and regulatory compliance, for any issues relating to the supply of the products to you, and for any employment related matters in the restaurant. P2W does not own or operate any restaurants. It is a trade association responsible for the operation and maintenance of the McDonald's Arch Card program in the United States.
2. Arch Card Shipments, Risk of Loss.
P2W will ship the Arch Cards to Purchaser via P2W’s standard shipping method at P2W’s expense. Should Purchaser request a different shipping method, Purchaser will be responsible for the full cost of any alternative shipping methods. Cards are shipped inactive to safeguard against theft and/or unauthorized use. When your order is received, you must log in to your McDonald’s Arch Card Corporate Account to activate the cards. Payment must be received and deposited before your order will be shipped. P2W shall not be responsible for any lost, stolen or damaged Arch Cards after receipt by Purchaser. Arch Card purchases are not refundable and may not be returned or exchanged.
3. Use of Arch Cards for Promotional Purposes; Use of McDonald’s Trademarks.
Any use of Arch Cards for promotional purposes shall be subject to the prior written approval of P2W, and P2W reserves the right to reject any such promotional use for any reason whatsoever. Purchaser will not have the right to use any trademarks, service marks or other intellectual property owned by McDonald’s Corporation or its affiliates, including without limitation, McDonald’s, the Golden Arches logo and Arch Card (collectively, the “McDonald’s Marks”), in any advertising or other materials, without first obtaining the prior written approval of McDonald’s. P2W will facilitate any requests by Purchaser for approval to use the McDonald’s Marks. McDonald’s will have the right to approve all advertising and other materials of any kind that contain or incorporate the McDonald’s Marks, before such advertising and materials are manufactured, printed, distributed, or displayed. Purchaser agrees to affix such copyright and trademark notices as may be reasonably designated by McDonald’s on such advertising and other materials.
4. Representations and Warranties.
Purchaser represents and warrants that:
- it has the full right and legal authority to enter into this agreement and comply with these Terms and Conditions;
- any and all use of the Arch Cards, including without limitation any approved use of the Arch Cards for promotional purposes, will at all times comply with all applicable federal, state and local laws, rules, regulations and ordinances;
- Purchaser will not distribute Arch Cards in any manner that might reflect negatively on P2W and/or McDonald’s, or the goodwill and reputation of McDonald’s and the McDonald’s Marks and brand; and
- any advertising or other materials that include the McDonald’s Marks will not infringe upon or otherwise violate the intellectual property or other rights of any third party.
Purchaser will defend, indemnify and hold harmless P2W, McDonald’s Corporation, its subsidiaries, affiliates and franchisees, and each of their employees, officers and directors from any and all claims, costs, demands, grievances, causes of action, losses, liabilities and expenses (including without limitation, court costs and reasonable attorney’s fees) arising out of or relating to any breach or alleged breach by the Purchaser of any of its obligations, representations or warranties hereunder.
6. Governing Law.
These Terms and Conditions will in all respects be construed, interpreted, and governed by the laws of the State of Illinois, without regard to the conflicts of law provisions. Purchaser hereby submits to the jurisdiction of the Federal and/or State courts located in the State of Illinois and the County of Cook or DuPage in connection with all suits, actions, proceedings or other disputes related to these Terms and Conditions and/or the purchase and use of the Arch Cards by Purchaser.
7. Complete Agreement.
The agreement and these Terms and Conditions represent the entire understanding of the parties regarding the subject matter hereof and supersede all prior oral or written agreements and understandings with respect thereto. These Terms and Conditions may not be modified or altered in any manner except by an instrument in writing signed by all parties hereto. The waiver by any party of any provision in these Terms and Conditions will not be deemed to constitute a waiver of any other of the provisions herein. The provisions of these Terms and Conditions shall be severable and the invalidity of any provision will not impair the validity of any other provisions. Any purchase orders submitted by Purchaser and accepted by P2W are expressly subject to these Terms and Conditions, and to the extent there is a conflict between these Terms and Conditions and any purchase order submitted by Purchaser, these Terms and Conditions shall control and govern.
If you have any questions about the Arch Card Bulk Sales program, you can contact us at McDonalds_arch_cards@us.mcd.com.