Brand Partner - Terms of Service
Brand Partner - Terms of Service
Version
1.3
—
Jul 13, 2024
Brand Partner - Terms of Service
Version 1.4
Jul 13, 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, 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
Refunds
Refunds are processed within 30 days of receiving a request.
Refunds are issued in the original payment method used for the purchase.
Processing fees may apply and will be deducted from the refund amount.
Cancellation Policy
Cancellations must be submitted in writing to growth@clicki.io at least 30 days prior to the end of the subscription period.
Cancellations take effect at the end of the current subscription period.
No refunds are issued for cancellations submitted less than 30 days prior to the end of the subscription period.
Return Policy
Returns are accepted within 30 days of delivery.
Returns must be in original condition with all original packaging and accessories included.
Refunds are issued in the original payment method used for the purchase, minus any processing fees.
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.
Brand Partner - Terms of Service
Version 1.4
Jul 13, 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, 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
Refunds
Refunds are processed within 30 days of receiving a request.
Refunds are issued in the original payment method used for the purchase.
Processing fees may apply and will be deducted from the refund amount.
Cancellation Policy
Cancellations must be submitted in writing to growth@clicki.io at least 30 days prior to the end of the subscription period.
Cancellations take effect at the end of the current subscription period.
No refunds are issued for cancellations submitted less than 30 days prior to the end of the subscription period.
Return Policy
Returns are accepted within 30 days of delivery.
Returns must be in original condition with all original packaging and accessories included.
Refunds are issued in the original payment method used for the purchase, minus any processing fees.
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.