Brand Partner - Terms of Service

    Version 1.6 — Oct 7, 2026

    Clicki, Inc. Brand Partner Terms of Service: Account Terms & Financial Services

    These Terms of Service ("Agreement") between you and Clicki, Inc. ("Clicki") explain how you can use our website and participate in services listed on our website. Use of Clicki's website and services is governed by this Agreement. By accessing our website and services, you acknowledge and signify that you have read, understood, and agreed to be bound by this Agreement.

    2.1 Relationship with the Promoter

    As a Brand Partner, you understand that no funds are required to be set aside or held in custody for the Promoter until they choose to cash out their rewards. At the time of the Promoter's cashout, the payout will be funded from your available purchased Clicki credits or, through your already-authorized direct-charge arrangement, by a real-time charge to your account, and you agree to promptly fund the Promoter's designated account.

    2.2 Relationship with Clicki

    You acknowledge that Clicki acts as an agent between you and the Promoter to facilitate the cashout process. This includes:

    • Applying your available purchased Clicki credits, or charging your account in real-time under your already-authorized direct-charge arrangement, upon a Promoter's cashout request.
    • Transferring the corresponding amount to the Promoter's designated account.

    By agreeing to these terms, you authorize Clicki to execute these actions without requiring any additional approval from you. The Parties are and remain independent contractors. This Agreement does not create an employer/employee relationship, joint venture, partnership, association, or agency, except for the limited agency to further the express purposes in this Section 2.2.

    2.3 Relationship between Promoter and Clicki

    You understand that Clicki acts as an intermediary between you and the Promoter. Clicki will fund a Promoter's cashout from your available purchased Clicki credits or will execute real-time transactions that charge your account for this purpose under your already-authorized direct-charge arrangement. You acknowledge and expressly agree to Clicki's role in facilitating these transactions.

    2.4 Real-Time Charging and Processing Fees

    Upon receiving a cashout request from a Promoter, Clicki will fund the Promoter's rewards from your available purchased Clicki credits or, under your already-authorized direct-charge arrangement, execute a real-time charge to your account. Simultaneously, any applicable processing fees will be charged to your account. You acknowledge and agree that these charges and fees are liabilities you have agreed to bear as per this Agreement.

    2.5 Limitation of Liability and Acknowledgement

    You acknowledge the services under this Agreement are provided "as-is" and "as-available." Clicki is not responsible for any disruption in services or non-usage. You agree to indemnify Clicki, Inc., its shareholders, directors, officers, employees, and agents against any liability, including loss or damage that may occur in executing the real-time transactions, except in cases of willful misconduct or gross negligence by Clicki. Clicki is not liable for reward earnings due but not payable due to issues with your account, including insufficient funds.

    IN NO EVENT WILL CLICKI BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST SAVINGS, OR INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE THAT IN ANY EVENT OF LIABILITY, THE TOTAL AMOUNT RECOVERABLE AGAINST CLICKI SHALL ONLY BE A REFUND OF ANY FEE PAID TO CLICKI BY YOU IN THE MOST RECENT CALENDAR YEAR.

    Confidentiality

    You agree to keep any non-public information about Clicki confidential and to use such information only in connection with your use of the services.

    Data Privacy and Protection

    3.1 Data Privacy Assurance

    Clicki is committed to protecting the privacy and security of your data. We assure you that we will not sell, share, or redistribute your data in any way.

    3.2 Use of Personally Identifiable Information (PII)

    By becoming a Brand Partner with Clicki, you grant Clicki the right to access, use, and interact with any Personally Identifiable Information (PII) that you upload to the Clicki platform at no cost to Clicki. This includes contact information, user analytics, and other sensitive data.

    3.3 Purpose of PII Usage

    The primary purpose of using the uploaded PII is to facilitate your referral programs and related services. You also grant Clicki the right to use this information for other purposes, including marketing initiatives to drive adoption to your referral campaigns, analytical studies to improve your referral campaigns, platform feature improvement, compliance with regulatory requirements, and other operational needs.

    3.4 Contacting Individuals

    You agree that Clicki has the right to directly contact individuals on your behalf whose PII you upload to the Clicki platform. The primary use of this is to conduct your referral campaigns. We may also contact individuals for service improvements to your referral campaigns, customer surveys to improve your referral campaigns, promotional offers to improve your referral campaigns, or other reasons at Clicki's discretion related to your referral campaigns.

    3.5 Expressed Written Consent for Contact

    You give expressed written consent for Clicki to contact individuals whose PII has been uploaded to the platform via SMS, email, or phone to facilitate your referral campaigns.

    3.6 Responsibility and Indemnification

    You affirm you have obtained proper consent to share PII with Clicki. You agree to indemnify and hold harmless Clicki, its shareholders, directors, officers, employees, and agents from any liability, including claims related to the use or misuse of PII.

    Non-Disclosure Agreement (NDA)

    4.1 Definition of Confidential Information

    For the purposes of this Agreement, "Confidential Information" shall include all written, electronic, or oral information, disclosed by one party ("Disclosing Party") to the other party ("Receiving Party"), that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure.

    4.2 Obligations of Confidentiality

    The Receiving Party agrees to:

    • Maintain the confidentiality of the Confidential Information.
    • Use the Confidential Information only for the purpose of performing under this Agreement.
    • Not disclose the Confidential Information to any third party without the prior written consent of the Disclosing Party.

    4.3 Exceptions

    Confidential Information does not include information that:

    • Is or becomes publicly known through no breach of this Agreement by the Receiving Party.
    • Was in the Receiving Party's possession before receipt from the Disclosing Party.
    • Is received by the Receiving Party from a third party without breach of any obligation of confidentiality.
    • Is independently developed by the Receiving Party without use of the Disclosing Party's Confidential Information.

    4.4 Return or Destruction of Confidential Information

    Upon termination of this Agreement, the Receiving Party shall return or destroy all copies of the Confidential Information, as directed by the Disclosing Party.

    4.5 Duration of Confidentiality

    The obligations of confidentiality shall survive for a period of five (5) years after the termination of this Agreement.

    Governing Law and Jurisdiction

    This Agreement is governed by and construed in accordance with the laws of Michigan. Any disputes must be settled by binding arbitration in Kent County, State of Michigan, within six months of the dispute arising. This section survives indefinitely after the termination of this Agreement.

    Severability

    If any provision of this Agreement is found to be unenforceable, the remaining provisions will remain in full force and effect.

    Entire Agreement

    This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings.

    Force Majeure

    Clicki is not liable for any failure to perform due to circumstances beyond its control, such as natural disasters, acts of war, or government actions.

    Amendments

    Clicki reserves the right to amend this Agreement at any time, and continued use of the services constitutes acceptance of any new terms.

    Fulfillment Policy

    Clicki Credits

    Clicki credits are prepaid credits for use toward referral payouts, SMS blasts, or email blasts. Any unused Clicki credits remaining when cancellation takes effect are forfeited and are not refundable, except where a refund is required by applicable law.

    Unclaimed Promoter Wallet Payouts

    Any unclaimed payout balance that remains in a Promoter’s Clicki digital wallet for more than 90 days after it is credited is eligible for clawback. Clicki reserves the right, at its discretion and to the extent permitted by applicable law, to reverse or reclaim that unclaimed balance.

    Subscription Prepayments and Refunds

    Prepaid subscription fees are separate from Clicki credits. Quarterly and annual subscription payments are nonrefundable, including if you cancel before the end of the prepaid term or do not use the services, except where a refund is required by applicable law. Cancellation does not entitle you to a prorated refund of any unused quarterly or annual subscription period.

    If a refund is otherwise authorized by Clicki or required by applicable law, then, to the extent permitted by applicable law, before that refund is issued Clicki will remove promotional discounts, waived fees, and other promotional benefits already received in connection with the cancelled subscription. Clicki may reinstate the full retail charges disclosed in your accepted proposal or order form for white-glove setup, installation, onboarding, or other services already provided at a promotional rate. Any amount already paid for those services will be credited against the reinstated charges so the same fee is not charged twice.

    For any refund otherwise authorized by Clicki or required by applicable law, the amount refunded is the approved or legally required refund amount, less applicable promotional adjustments and applicable payment processing fees to the extent permitted by law. These deductions may reduce an otherwise authorized refund to zero. Credits forfeited on cancellation are excluded from this calculation. This calculation does not create a right to a refund of nonrefundable quarterly or annual subscription payments.

    Clicki reserves the right, to the extent permitted by applicable law, to deduct applicable payment processing fees before issuing any refund that is otherwise authorized by Clicki or required by applicable law. The amount actually refunded to you is the net amount remaining after the promotional adjustments and applicable payment processing fees described in this policy.

    Any refund otherwise authorized by Clicki or required by applicable law is processed within 30 days of receiving a refund request and is issued to the original payment method, except where applicable law requires otherwise.

    Cancellation Policy

    Cancellation is valid only when submitted by email to support@joinclicki.com. Requests by phone, text message, chat, an in-app request, or any other method do not constitute a valid cancellation unless the cancellation is also emailed to support@joinclicki.com. This applies to full account cancellation and to cancellation of an individual product in a bundle.

    Cancellations, including full account cancellation and cancellation of an individual product in a bundle, must be submitted by email to support@joinclicki.com at least 30 days before the requested effective cancellation date. If less than 30 days' notice is provided, cancellation takes effect 30 days after Clicki receives the cancellation email. Subscription access and applicable charges continue through the effective cancellation date.

    Cancellation of a prepaid quarterly or annual subscription may take effect before the prepaid term ends. Quarterly and annual subscription payments, including amounts covering any unused period after the effective cancellation date, remain nonrefundable except where a refund is required by applicable law.

    Upon cancellation of your Clicki account, all unused Clicki credits are forfeited as stated above.

    Bundles and Partial Cancellation

    Bundle discounts apply only while all products required for the bundle remain subscribed. If you cancel one product but keep another, the retained product or products will be charged at their full retail rates, as disclosed in your accepted proposal or order form, from the effective date of the product cancellation. The bundle discount will no longer apply.

    Quarterly and annual subscription payments for the cancelled product remain nonrefundable. Any refund for the cancelled product that is otherwise authorized by Clicki or required by applicable law remains subject to the promotional adjustments and payment processing fee deductions described above. Partial product cancellation does not by itself cancel your Clicki account or forfeit the credits in an account that remains active.

    Dispute Resolution

    Disputes arising from the fulfillment of this agreement are resolved through binding arbitration in Kent County, Michigan, within six months of the dispute arising.

    Changes to the Fulfillment Policy

    Clicki, Inc. reserves the right to modify this policy at any time without notice. Changes take effect immediately upon posting on the Clicki website.

    Governing Law

    This policy is governed by and construed in accordance with the laws of Michigan.

    By accessing our website and services, you acknowledge and signify that you have read, understood, and agreed to be bound by this fulfillment policy.