Brand Partner - Terms of Service

Brand Partner - Terms of Service

Version

1.3

Mar 1, 2024

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, you will be charged in real-time by Clicki, 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:

  • Charging your account in real-time 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 execute real-time transactions to fund a Promoter's cashout and will charge your account for this purpose. 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 execute a real-time charge to your account to fund the Promoter's rewards. 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. THE TOTAL AMOUNT RECOVERABLE AGAINST CLICKI SHALL ONLY BE A REFUND OF ANY FEE PAID BY YOU IN THE MOST RECENT CALENDAR YEAR.

Use and Sharing of Personally Identifiable Information (PII)

3.1 Authorization to Use 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.

3.2 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, analytical studies, platform feature improvement, compliance with regulatory requirements, and other operational needs.

3.3 Contacting Individuals

You agree that Clicki has the right to directly contact individuals whose PII you upload to the Clicki platform. This may be for service improvements, customer surveys, promotional offers, or other reasons at Clicki's discretion.

3.4 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.

3.5 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.

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

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, you will be charged in real-time by Clicki, 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:

  • Charging your account in real-time 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 execute real-time transactions to fund a Promoter's cashout and will charge your account for this purpose. 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 execute a real-time charge to your account to fund the Promoter's rewards. 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. THE TOTAL AMOUNT RECOVERABLE AGAINST CLICKI SHALL ONLY BE A REFUND OF ANY FEE PAID BY YOU IN THE MOST RECENT CALENDAR YEAR.

Use and Sharing of Personally Identifiable Information (PII)

3.1 Authorization to Use 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.

3.2 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, analytical studies, platform feature improvement, compliance with regulatory requirements, and other operational needs.

3.3 Contacting Individuals

You agree that Clicki has the right to directly contact individuals whose PII you upload to the Clicki platform. This may be for service improvements, customer surveys, promotional offers, or other reasons at Clicki's discretion.

3.4 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.

3.5 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.

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