Simon+™ Rewards Program Participation Terms
Last Updated: August 5, 2026
These Simon Program Participation Terms (the “Program Terms”) along with the Simon Terms of Use and Rewards Program Terms (for Participation in the Simon+ Rewards Program, if applicable, as such capitalized terms are defined in Section 1 below), and any sign-up form referencing these Program Terms (each, a “Sign-up Form”) submitted by a company (the “Retailer”) with an Offer (as defined in Section 1 below) or other request to Participate (as defined in Section 1 below) in any way in a Simon Program (as defined in the next paragraph) are, collectively, the “Participation Agreement”. Upon submission of any Sign-up Form or in any way Participating or continuing to Participate in a Simon Program as or on behalf of a Retailer, the person or entity submitting such Sign-up Form or otherwise engaging with Simon to Participate in a Simon Program on behalf of the Retailer, enters into this Participation Agreement on behalf of the Retailer. Simon Media Properties, LLC, a Delaware limited liability company (“Simon”) enters into this Participation Agreement only upon Simon’s written confirmation (which may be by e-mail) of acceptance of Retailer’s Sign-up Form submission or other method of Participation (or continued Participation) in a Simon Program, including, without limitation, confirmation of inclusion in a Simon Program of any Retailer Materials (as defined in Section 1 below) or Retailer Offer(s) provided to Simon by Retailer (each a “Confirmation”). This Participation Agreement becomes effective as of the date of Simon’s first Confirmation of any Sign-up Form, any Offer(s), or any other form of Participation in a Simon Program by Retailer (“Effective Date”). For avoidance of doubt, any Confirmation of any Sign-up Form, any Offer(s), or any other form of Participation is not guaranteed and will be made or withheld in Simon’s sole discretion. Simon and Retailer are each a “Party” and collectively the “Parties” to this Participation Agreement as of the Effective Date. These Program Terms update and replace (in their entirety) any prior terms between the Parties regarding the subject matter of this Participation Agreement including, without limitation, the Retailer Showcase Terms of Use and Simon+ Rewards Program Participation Terms and any references to those superseded terms are hereby modified by the Parties to refer to these Program Terms as of the Effective Date. Retailer acknowledges and agrees that these Program Terms, the Simon Terms of Use, and the Rewards Program Terms may be updated by Simon at any time upon publication of such updates to this website page, at https://www.simon.com/legal for the Simon Terms of Use, and at https://plus.simon.com/terms for the Rewards Terms, without prior notice to Retailer, at which time such updated Program Terms or Simon Terms of Use become a part of the Participation Agreement and supersede any prior version of the Program Terms or Simon Terms of Use (as is applicable). By continuing to Participate in a Simon Program after the publication of any updates to these Program Terms or Simon Terms of Use, Retailer agrees to any such updated Program Terms or Simon Terms of Use. Any capitalized terms used in these Program Terms that are not otherwise defined in these Program Terms have the meaning given such terms in the Simon Terms of Use.
Affiliates (as defined in Section 1 below) of Simon own (in whole or in part) or manage (or both) retail shopping centers across North America (each a “Property” and, collectively, the “Properties”). Simon provides marketing services to the Properties (each a “Simon Program” and, collectively, the “Simon Programs”) including, without limitation, providing the Rewards Program and the Sites (as defined in the Simon Terms of Use) and managing digital advertising displays and interactive directories to enable Retailer and other tenants of the Properties to get additional exposure for Offers, promotions, events, and job postings related to their Stores and Items (as those terms are defined in the next Sentence) (the “Retailer Showcase”).
Retailer desires to Participate in a Simon Program for the promotion of Retailer’s goods or services (each an “Item”), brand(s), Offer(s)(if any), and any applicable online or mobile e-commerce outlet(s) and physical retail outlets of Retailer in any of the Properties (each a “Store”), subject to the terms of this Participation Agreement (the “Purpose” for Retailer). Retailer may end Participation in a Simon Program at any time pursuant to Section 2(c) below. The “Purpose” for the Simon Entities is to promote and increase the usefulness of the Simon Programs to existing or potential advertisers, tenants at the Properties, and Shoppers (as defined in Section 1 below) including, without limitation, by securing and promoting Retailer’s Participation in the relevant Simon Program and displaying any Offer(s), Retailer Materials, or other promotions Retailer provides for inclusion in a Simon Program, producing content for the Sites and Properties featuring Retailer’s Store(s) or Item(s)(or both), to perform Transaction Matching, and to promote, in general, the Properties, the Sites, and the Simon Programs in all Media (as defined in Section 1 below).
Therefore, the Parties agree as follows:
1. Definitions.
(a) “Affiliate” means an entity that owns or controls, is owned or controlled by or is or under common control or ownership with a Party, where “control” is defined (and used throughout this Participation Agreement) as the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of an such entity, whether through ownership of voting securities, by contract, or otherwise.
(b) “Applicable Law(s)” means, for the interpretation and enforcement of this Participation Agreement, the Governing Law (as defined in Section 6 below), and if and to the extent applicable and binding on Simon or Retailer in any way related to a Simon Program:
1. Any law, statute, or regulation in force from time-to-time to which a Party is subject
2. Common law and laws of equity;
3. Any binding court order, judgment, or decree; or
4. Any applicable direction, policy, rule or order that is binding on a Party and that is made or given by any regulatory body having jurisdiction over a Party or any of that Party’s assets, resources, or business activities.
(d) “Media” means the Sites including, without limitation, Simon.com and the Rewards Site (as defined in this Section 1 below), ShopSimon.com (as defined in this Section 1 below), and any other print, digital, or other type of media known as of, or that becomes known at any time after, the Effective Date including, without limitation, advertisements on websites and digital screens, printed banners and brochures, e-mail and mobile text messages, and postings on social media outlets such as Facebook, Instagram, TikTok, YouTube, Threads, X, and the like (“Social Media”) whether any such media is controlled by any of the Simon Entities or a third party.
(e) “Offer” means an offer from Retailer to provide to Shoppers (and pay the cost of so providing) certain discounts, coupons, experiences, gifts, cash back, or other benefits (each a “Retailer Perk”) that may be redeemed by the Shopper at a Retailer Store, a Property, the Rewards Site, ShopSimon.com, or otherwise.
(f) “Participate”, “Participating”, or “Participation” means Retailer (i) allowing the Simon Entities to promote Retailer and any Store(s), Offer(s), Item(s), and related Retailer Materials that Retailer makes available to any of the Simon Entities or Program Vendors for inclusion in any part of a Simon Program, Sites, Rewards Program, and in all Media for the Simon Entities’ Purpose; and (ii) allowing the use of Transaction Data for Transaction Matching (defined in Section 1 below) and Receipt Scanning as defined in the Rewards Program Terms.
(g) “Retailer Materials” means any logos, descriptions, photographs, images, videos, audio or other materials in which Retailer or Retailer’s Affiliates or licensors have IP Rights that are associated with any Offer, Item, Store, or brand of Retailer that either (1) Retailer submits with an Offer or provides to any of the Simon Entities in any manner for inclusion in a Simon Program or for any other Purpose or (2) that is captured or gathered by any of the Simon Entities at a Retailer Store at one of the Properties or on the internet pursuant to this Participation Agreement.
(h) “Rewards Program” or “Simon+” means the loyalty and rewards program for Simon published at the Rewards Site with various features, rewards, and benefits such as Points, Rewards, and Cash Back (as each of these terms are defined in the Rewards Program Terms)(each a “Benefit”) to individuals who register an Account (as defined in the Rewards Program Terms) in such Rewards Program (each a “Member”). Simon has contracted with a third party, ShopSimon, LLC, a Delaware limited liability company (“ShopSimon”) to administer the Rewards Program. Furthermore, ShopSimon has subcontracted with third-party service providers to provide portions of the Rewards Program including, without limitation, Rakuten (for CLOs), Zinrelo (for Receipt Scanning) Fidel API (for Transaction Matching). To collect Benefits, Members may access, visit, use, perform an activity at, or shop at (i) a Property (ii) the Simon+ website at https://plus.simon.com (the “Rewards Site”), (iii) the website at https://shopsimon.com and related mobile application owned and operated by ShopSimon (“ShopSimon.com”); (iv) Retailer’s Stores; and (v) Simon’s website at https://simon.com and any sub-domains and Property- or Simon Affiliate-related sub-sites, mobile applications, and Social Media (as defined in Section 1 above) accounts (“Simon.com”). Retailer acknowledges and agrees that Simon, Simon’s Affiliates, and ShopSimon (collectively, the “Simon Entities”) may use third-party contractors to provide parts of the Rewards Program (e.g., Rakuten, Zinrelo, Fidel API, and others) and other Simon Programs (collectively, “Program Vendors”).
(i) “Shopper” means a third-party individual person (including, without limitation, any Member [as defined below in this Section 1] of Simon+) that visits or uses one of the Properties, Sites, Rewards Program, or any Retailer Stores for personal or household purposes.
(j) “Transaction Data” means credit and debit card transactional-level data generated through Retailer’s operations within Retailer’s Stores in any of the Properties (as gathered by Simon from PCNs or Program Vendors, as such terms are defined in the next paragraph). Transaction Data may include, but is not limited to, Merchant Identification Number (“MID”) numbers of Stores, Store location, transaction identification numbers, transaction amounts, Item descriptions, Item prices, other charges, taxes, discounts, refunds, and fees, sales volume, transaction counts, average transaction values, and other relevant retail metrics. Transaction Data shall not include any information relating to an identified or identifiable natural person (“Personal Data”) including, but not limited to, the definition of “personal information” or other similarly defined terms in Applicable Laws regarding the privacy of consumer or household data. Transaction Data may include the trade names of the Stores, Retailer, or Items, or other materials or information in which Retailer or a third party has or may claim intellectual property right(s) including, without limitation, rights in trademark, copyright, right of publicity, or trade secret law (“IP Rights”) or that Retailer or such third party may consider Confidential Information (as defined in Section 5) about the Items, Retailer, or Stores in such Transaction Data (collectively, “Protectable Material”). Notwithstanding anything to the contrary in this Participation Agreement, Transaction Data gathered by Simon from any source is provided “AS-IS” with no warranty, express or implied, to Simon and Program Vendors as to the accuracy or reliability of such Transaction Data or any warranty of merchantability or fitness for a particular purpose.
(k) “Transaction Matching” means the processing and matching of transactions in Transaction Data by a Retailer-authorized and payment card network (“PCN”) (e.g., Amex, MasterCard, and Visa) authorized Program Vendor (e.g., Fidel API, Zinrelo, or Rakuten) so that (i) the Simon Entities can award or reflect related Benefits in the relevant Member’s Simon+ Account and, if applicable, the Retailer can award or reflect Retailer Perks related to a card-linked Offer (“CLO”) or other Offer of Retailer and (ii) the Simon Entities and Program Vendors can perform Program Analytics (as defined in Section 2(a) below).
2. Retailer Participation.
(a) Participation. Retailer hereby agrees to Participate in the Simon Program(s) for which Retailer has completed a Sign-up Form or otherwise provided Retailer Materials or any Offer and hereby consents to the Simon Entities and Program Vendors performing the following related activities for the Simon Entities’ Purpose:
1. Capture, use, and display Retailer Materials, subject to the license in Section 3(a) below including, without limitation, Retailer Materials such as images, descriptions, video, and audio depicting any of Retailer’s Offers, Items, brands, or Stores either (A) captured by any of the Simon Entities or Program Vendors at one of Retailer’s Stores located at any of the Properties (which Retailer agrees the Simon Entities or Program Vendors may enter or record outside of any of Retailer’s Stores in the Properties to make such capture), (B) gathered from any of the Retailer’s public websites (and displayed as found, without modification), or (C) provided by Retailer to any of the Simon Entities by any method; and
2. The collection, access, and use of Transaction Data for the purposes of Transaction Matching and for gathering performance analytics, improving consumer and Shopper experiences, informing marketing and business strategies of the Simon Entities and the Properties, and supporting the business operations of the Simon Entities related to the Simon Programs, Simon.com, ShopSimon.com, and the Properties (“Program Analytics”).
The Simon Entities and Program Vendors shall handle Transaction Data in accordance with Applicable Law regarding the privacy of consumer and household data and the Privacy Policy published on the Rewards Site. Notwithstanding the immediately preceding sentence, Personal Data will not be provided in or collected from the Transaction Data as per the definition of that term in Section 1 above. The Simon Entities and Program Vendors have in place, and shall maintain, commercially reasonable physical, organizational, and technical processes and procedures designed to protect against unauthorized access, processing, loss, destruction, theft, use or disclosure of Transaction Data and Retailer’s Confidential Information while in transit and while stored on the Simon Entities’ and Program Vendors’ systems, including encryption of such data during transmission and while at rest. Subject to the terms of this Participation Agreement, Retailer hereby grants to the Simon Entities and Program Vendors (including, without limitation, Rakuten, Zinrelo, and Fidel API) a non-exclusive, royalty-free, perpetual, world-wide license to use Transaction Data or any portion of the Transaction Data including, without limitation, any Protectable Material, for Transaction Matching and Program Analytics, including the rights to store, reproduce, display, distribute, and create derivative works of Transaction Data as the Simon Entities deem necessary to conduct such Transaction Matching and Program Analytics as set forth in this paragraph.
Participation in a Simon Program is undertaken by Retailer as an independent contractor and at Retailer’s own risk. Except as otherwise expressly provided in these Program Terms, the Simon Entities hereby disclaim any warranties, express or implied, for any part of any of the Simon Programs including any warranty of merchantability, fitness for a particular purpose, or non-infringement.
(b) Offers. By submitting any Offer to any of the Simon Entities or Program Vendors for inclusion in a Simon Program, Retailer agrees to Participate and abide by the terms of such Offer as specified in the Sign-up Form (or otherwise provided to any of the Simon Entities or Program Vendors in writing) and to pay the cost of providing any associated Retailer Perks to Shoppers. Retailer may augment or amend the terms of an Offer for which Retailer previously received a Confirmation from any of the Simon Entities upon written notice (including by e-mail) to Simon at any time, unless Simon deems (in writing, including by email, to Retailer), in Simon’s sole discretion, that any such augmentation or amendment to such Offer violates Applicable Law or does not fit within the Simon Entities’ Purpose, in which case Retailer may elect to honor the original terms of such Offer or to have such Offer removed from the relevant Simon Program(s) in reasonably prompt written response (including by email to Simon). In any event, each Offer provided by Retailer must comply, and Retailer must administer and honor such Offer in compliance, with Applicable Law and this Participation Agreement.
(c) Term and Termination. The term of the Participation Agreement (“Term”) shall begin on the Effective Date and shall end on the earlier of: (i) the date that Retailer’s Participation in a Simon Program is terminated pursuant to a written notice (including by e-mail) sent to Retailer by Simon at any time; (ii) upon Simon’s receipt of at least 30 days prior written notice by e-mail to retailermarketing@simon.com from Retailer of termination of the Retailer’s Participation in a Simon Program, (iii) Retailer no longer having any Stores in or in any way associated with any of the Properties, or (iv) the termination or replacement of the relevant Simon Program(s) by Simon. Upon expiration or termination of the Term pursuant to this paragraph, (A) the Simon Entities and Program Vendors shall remove all Retailer Offers and Retailer Materials from the relevant Simon Program(s); (B) the Simon Entities shall discontinue receipt of Transaction Data from Program Vendors pursuant to this Participation Agreement on or after the date of such termination; and (C) Retailer shall cease any use of any Simon Marks (as defined in Section 3 below) and delete any mention of the relevant Simon Program(s) and the Simon Marks from any Media under Retailer’s reasonable control as of such termination date.
3. Grant of License; Use of Trademarks/Publicity.
(a) Retailer hereby grants a world-wide, royalty-free, non-exclusive license to the Simon Entities and Program Vendors, subject to the applicable terms of this Participation Agreement, to use, copy, and display the Retailer Materials during the Term, in any Media for the Purpose. Retailer hereby warrants and represents and agrees to indemnify and hold harmless the Simon Entities and Program Vendors from any claim of any third party that any of the Retailer Materials, Items, Stores, or Offers defames or is reasonably offensive too such third party, or violates any of the IP Rights or any other right, title, or interest of such third party, or any claim of any Shopper in any way related to any purchase made at any Retailer Store or the awarding of Retailer Perks.
(b) Simon® and related trademarks incorporating the names Simon, Simon+®, or ShopSimon® are property of SPG IP Holdings LLC (“SPGIP”), a Simon Affiliate, and the trade names and trademarks associated with the Properties are property of or licensed by SPGIP to a Simon Affiliate that controls such Property (“Simon Marks”). Retailer shall seek prior written approval (which may be by email) from Simon of the form and substance of any public announcement in any way relating to this Participation Agreement, any of the Simon Program(s), or that in any way incorporates the Simon Marks. If Simon approves any public announcement by Retailer pursuant to the immediately preceding sentence Retailer is granted a license to use the Simon Marks only as so approved on Media in the United States, Puerto Rico, and Canada, on a non-exclusive, royalty-free basis, during the Term, for Retailer’s Purpose only. Retailer shall cease all use of the Simon Marks and cease all publicity related to this Participation Agreement or the relevant Simon Program(s) at the expiration or early termination of the Term.
(c) Other than those licenses expressly granted in this Participation Agreement, neither Party gains any IP Right or any other right, title, or interest by virtue of this Participation Agreement in any of the other Party’s trademarks, copyrightable material, technology, know-how, trade secrets, Confidential Information, or other materials in which the other Party has IP Rights.
4. Control of the Simon Programs.
(a) The Simon Entities have the right to (i) determine the appearance, content, design, Benefits, functionality and all other aspects of the Sites, Properties, and Simon Program offerings (including, without limitation, the right to remove or alter content, appearance, design, and functionality from time to time); and (ii) remove, refuse to include, or delay inclusion of any Offers, Retailer Materials, Transaction Data, or Items from any of the Simon Programs. Retailer is responsible for removing from (and to request removal from the relevant Simon Program(s)) any Retailer Materials to be or that were provided to Simon by Retailer pursuant to this Participation Agreement that contain any content that is or becomes prohibited or infringing of any third-party’s IP Rights under Applicable Law, that violates this Participation Agreement, or that is no longer accurate or that defames any third-party or would be reasonably offensive to Shoppers.
Notwithstanding anything to the contrary in this Participation Agreement, Simon reserves the right to deem any Offers, Items, Retailer Materials, or Transaction Data inappropriate to be included in a Simon Program, Sites, or Properties, in Simon’s sole discretion, and immediately remove and deny inclusion thereafter of such Offers, Items, Retailer Materials, or Transaction Data from being included within a Simon Program, the Sites, or Properties at any time without notice to Retailer. The Simon Entities hereby indemnify and hold harmless Retailer, Retailer’s Affiliates, and their Store(s) from any claim by any third party related to violation of such third party’s IP Rights or any other right, title, or interest of such third party related to the Simon Entities’ promotion or administration of any of the Simon Programs or operation of the Sites or any Properties (except to the extent due primarily to the content, or Retailer’s administration, of any of Retailer’s Offers, awarding of any Retailer Perks, purchases made at Retailer’s Stores, the content of any Retailer Materials, or any content displayed in Retailer’s Stores).
5. Confidentiality. Each Party (“Receiving Party”) agrees that, without the prior written consent of the other Party (“Disclosing Party”), Receiving Party shall not use for any purpose other than conducting the business activities expressly provided for in this Participation Agreement or divulge to any third party, except the Receiving Party's Affiliates and the directors, officers, advisors, and employees of the Receiving Party and Receiving Party’s Affiliates that need to know related to Receiving Party’s performance or enjoyment of rights under this Participation Agreement and have agreed to comply with confidentiality obligations not less protective than as provided in this paragraph, any Confidential Information of the Disclosing Party obtained in connection with the performance of this Participation Agreement, except for information (a) already known to or otherwise in the possession of the Receiving Party without an existing obligation of confidentiality at the time of receipt from the Disclosing Party; (b) made generally available to the public (other than as a result of a disclosure by the Receiving Party); (c) rightfully obtained by the Receiving Party from any third party without restriction and without breach of this Participation Agreement by the Receiving Party; (d) disclosed by the Disclosing Party without restriction as confirmed in writing, (e) is required by Applicable Law to be disclosed by the Receiving Party provided the Receiving Party promptly notifies the Disclosing Party in writing, to the extent legally permitted, of the necessity of such disclosure and cooperates with the Disclosing Party (at the Disclosing Party's expense) if Disclosing Party elects to pursue legal means to contest and avoid the disclosure; (f) disclosed by the Receiving Party pursuant to arbitration or other legal proceedings initiated by either Party to enforce this Participation Agreement; or (g) disclosed to attorneys and similar outside advisors on a confidential basis subject to the other confidentiality provisions set forth in this paragraph. Receiving Party shall protect all such Confidential Information of the Disclosing Party using the same safeguards as Receiving Party customarily uses to protect Receiving Party’s own Confidential Information of a similar character. The obligations of each Party pursuant to this paragraph shall survive for a three-year period following the early termination or expiration of the Term. As used in this Participation Agreement, “Confidential Information” means and includes all financial, technical, and other information provided by the Disclosing Party to the Receiving Party, which is marked as confidential (or, if delivered orally, which is identified as confidential at the time of disclosure), or given the circumstances a reasonable person would consider such information confidential in nature, including, but not limited to, including but not limited to, financial information, market information, sales information, customer information, personnel information, vendor information, and marketing strategies.
6. Miscellaneous. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, IN NO EVENT WILL THE SIMON ENTITIES BE LIABLE TO THE RETAILER AND RETAILER’S AFFILIATES NOR SHALL RETAILER AND RETAILER AFFILIATES BE LIABLE TO THE SIMON ENTITIES FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER ANY CLAIM FOR RECOVERY IS BASED ON CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY. Notices required or permitted by this Participation Agreement shall be delivered by the sending Party by overnight courier that provides receipt of delivery (which shall be effective upon date of delivery or rejection) with a copy by e-mail: if to Retailer, to the business address and e-mail provided by Retailer in the Sign-up Form or otherwise in writing to Simon and, if to any of the Simon Entities, at 225 W. Washington Street, Indianapolis, IN 46204, Attention: General Counsel and e-mail to notices@simon.com and retailermarketing@simon.com. If any provision of this Participation Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be severed from this Participation Agreement or shall be deemed modified to the extent necessary to render such term or provision enforceable and the remaining provisions of the Participation Agreement shall remain in full force and effect. The waiver by a Party of any default or breach of this Participation Agreement shall not constitute a waiver of any other or subsequent default or breach. Any obligations of the Parties relating to limitations on liability, confidentiality, indemnification, and other obligations under this Participation Agreement that, by their nature, are intended to survive termination, will survive termination. This Participation Agreement and all matters arising out of or relating to this Participation Agreement shall be governed by the laws of the State of Indiana (“Governing Law”), without regard to the State of Indiana’s (or any other state’s) conflict of law provisions. To the fullest extent permitted by Applicable Law, no claim under this Participation Agreement may be joined to any other claim and no class action proceedings will be permitted. Each Party hereby irrevocably waives its right to trial by jury in any action or proceeding arising out of this Participation Agreement or the transactions relating to its subject matter. The Parties agree to submit to the exclusive jurisdiction and venue of the courts of Marion County, Indiana for any action arising out of this Participation Agreement. This Participation Agreement constitutes the entire agreement between Simon and Retailer in any way related to the subject matter contained in the Participation Agreement and supersedes all prior agreements or communications whether written or oral. Neither Party has been induced to enter into this Participation Agreement by any representations or promises not specifically stated in this Participation Agreement. Except as otherwise provided in this Participation Agreement, this Participation Agreement shall not be modified except by written agreement signed on behalf of Retailer and Simon by their respective authorized officers.