Terms & Conditions

Promoter Terms of Service

Effective date: April 18, 2023

Welcome to Clicki, a pay-per-click and referral marketing platform specifically designed for local businesses. By participating in promotional campaigns as a promoter, you agree to be bound by these Promoter Terms of Service ("Terms"). Please read these Terms carefully, as they govern your participation in campaigns for promoting local businesses using the Clicki platform.

Definitions

1.1 "Clicki" refers to the platform and any related services provided by Clicki, Inc., a Deleware corporation.

1.2 "Promoter" refers to an individual or entity that participates in promotional campaigns for local businesses using the Clicki platform.

1.3 "Business" refers to a local business or organization that uses Clicki to promote its products or services.

1.4 "Campaign" refers to a marketing initiative created by a Business for promoting its products or services within a defined geographical area.

1.5 "Click" refers to a unique interaction by a User with a Business's promotional content on Clicki or through any other online channels where Clicki content is displayed.

1.6 "Radius" refers to the geographical area defined by the Business within which it wishes to receive clicks and leads.

Eligibility

2.1 Promoters must be at least 18 years old and have the legal capacity to enter into binding agreements.

2.2 Promoters must provide accurate, complete, and up-to-date personal and contact information during the registration process.

2.3 Promoters are responsible for complying with all applicable laws and regulations governing their participation in Campaigns, including but not limited to advertising, consumer protection, and data protection laws.

Participation in Campaigns

3.1 Promoters agree to promote Businesses only within the specified Radius defined by each Campaign. Generating clicks or leads outside the defined Radius is strictly prohibited and may result in termination of the Promoter's participation in the Campaign and forfeiture of any earned compensation.

3.2 Promoters must not engage in fraudulent, deceptive, or manipulative practices to generate clicks or leads, including but not limited to the use of automated tools, fake accounts, or false information.

3.3 Promoters must not use the Clicki platform to promote illegal, harmful, or offensive products or services, as outlined in the Clicki Terms of Service for Businesses.

Compensation

4.1 Promoters will be compensated according to the terms and conditions set forth by each Business in their respective Campaigns.

4.2 Payments to Promoters will be made through the Clicki platform, subject to applicable fees and taxes.

4.3 Clicki reserves the right to withhold or revoke compensation for any clicks or leads that are deemed to be fraudulent, deceptive, or generated outside the defined Radius.

Termination

5.1 Clicki or the Business may terminate a Promoter's participation in a Campaign at any time, with or without cause, upon written notice to the Promoter.

5.2 Clicki may suspend or terminate a Promoter's access to the platform for any reason, including but not limited to:

a. Failure to comply with these Terms;

b. Fraudulent or abusive behavior;

c. Violation of applicable laws or regulations.

6. Disclaimer and Limitation of Liability

6.1 Clicki provides its platform and services "as is" and without any warranties or guarantees, whether express, implied, or statutory. Clicki expressly disclaims any implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

6.2 In no event shall Clicki, its affiliates, or their respective officers, directors, employees, or agents be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, lost data, or business interruption, arising out of or in connection with these Terms or the use of the Clicki platform, even if Clicki has been advised of the possibility of such damages.

6.3 Promoters agree to indemnify, defend, and hold harmless Clicki, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorney's fees and costs, arising out of or in any way connected with their participation in Campaigns, their violation of these Terms, or their violation of applicable laws.

Governing Law and Dispute Resolution

7.1 These Terms shall be governed by and construed in accordance with the laws of the United States In the State of Deleware, without regard to its conflict of law principles.

7.2 Any disputes arising out of or in connection with these Terms or the use of the Clicki platform shall be resolved by arbitration in Deleware. The decision of the arbitrator(s) shall be final and binding on both parties.

Modifications to Promoter Terms of Service

8.1 Clicki reserves the right to modify these Terms at any time, at its sole discretion. If Clicki makes any material changes to these Terms, it will notify Promoters by email or through a notice on the Clicki platform.

8.2 Promoters are responsible for reviewing and understanding any changes to these Terms. Continued participation in Campaigns after any such changes are posted constitutes acceptance of those changes.

Miscellaneous

9.1 If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

9.2 The failure of Clicki to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

9.3 These Terms, together with any other agreements or policies referenced herein, constitute the entire agreement between Clicki and the Promoter with respect to the subject matter hereof, and supersede all prior or contemporaneous understandings, agreements, or communications, whether written or oral.

9.4 Promoters may not assign their rights or obligations under these Terms without the prior written consent of Clicki. Clicki may assign its rights or obligations under these Terms without restriction.

If you have any questions or concerns regarding these Terms, please contact us at growth@clicki.io.