Promoter - Terms of Service
Promoter - Terms of Service
Version
1.0
—
Jan 1, 2024
Effective Date: April 18, 2023
Welcome to Clicki, a referral marketing platform exclusively designed for enhancing local business marketing efforts. By engaging as a Promoter in promotional campaigns, you consent to adhere to these Promoter Terms of Service ("Terms"), which regulate your participation on the Clicki platform.
Section 1: Overview of Clicki
1.1 Platform Description: Clicki functions as a referral marketing platform, primarily intended to assist local businesses in their marketing endeavors. 1.2 Service Provider: The platform is managed and operated by Clicki, Inc., a legally established Delaware corporation. 1.3 Functionality: Clicki's primary function is to facilitate Promoters, like yourself, in participating in promotional campaigns for local businesses, with an opportunity to earn rewards in exchange for their marketing efforts.
Section 2: Definitions
2.1 Clicki: The Clicki platform, encompassing all services related to it, operated by Clicki, Inc., a corporation founded in the State of Delaware. 2.2 Promoter: An individual or entity like you, who engages in promotional campaigns for local businesses via the Clicki platform. 2.3 Business: Refers to a local operation that utilizes the Clicki platform for its marketing purposes. 2.4 Campaign: A specific marketing initiative undertaken by a Business. 2.5 Click: Any unique engagement that a User has with a Business's promotional content. 2.6 Radius: The defined geographical area within which a Business aims to attract clicks and leads.
Section 3: Eligibility Requirements
3.1 Legal Age and Capacity: To qualify as a Promoter, you must be at least 18 years of age and possess the legal capacity to enter into binding agreements. 3.2 Accuracy of Information: It is imperative that you provide real, accurate, and current information during your registration process. 3.3 Legal Compliance: You are obliged to adhere to all laws and regulations pertinent to the promotion of Businesses.
Section 4: Participation in Campaigns
4.1 Promotion within Radius: You are required to conduct promotional activities strictly within the Radius defined for each Campaign. Deviating from this zone is prohibited and may lead to termination from the Campaign and forfeiture of any earned rewards. 4.2 Prohibition of Fraudulent Practices: Engaging in fraudulent, deceptive, or manipulative practices for generating clicks or leads is strictly forbidden. This includes the use of automated tools, fake accounts, or disseminating false information. 4.3 Content Restrictions: You must not utilize the Clicki platform for the promotion of illegal, harmful, or offensive products or services.
Section 5: Account Terms & Financial Services
5.1 Relationship with the Brand Partner: You acknowledge that your engagement with the Brand Partner is initiated only when you opt to cash out your earned rewards. Prior to this action, no funds are held in a custodial account on your behalf. 5.2 Your Relationship with Clicki: In your capacity as a Promoter, you agree that Clicki will act as your agent exclusively at the time of cashing out your rewards. This relationship includes processing your cashout requests in real-time, initiating charges to the Brand Partner for the amount due to you, and facilitating the transfer of funds to your designated account. 5.3 Intermediary Role of Clicki: Clicki serves as an intermediary between you and the Brand Partner, particularly during the cashout process, to secure the funds owed to you as a reward.
Section 6: Additional Provisions
6.1 Real-Time Funding: Upon your request for a cashout, Clicki is responsible for charging the Brand Partner and immediately funding your designated account. 6.2 Limitation of Liability: Clicki, Inc. shall not be held liable for reward earnings that are due but not payable due to the Brand Partner’s financial status or compliance with the agreement.
Section 7: Compensation
7.1 Earnings Based on Campaign Terms: Your earnings as a Promoter will depend upon the specific terms and conditions outlined by each Business for their respective Campaigns.
7.2 Payment Process: All payments to Promoters shall be processed through the Clicki platform, subject to applicable deductions for fees and taxes.
7.3 Withholding Payments: Clicki reserves the right to withhold or retract compensation for any clicks or leads determined to be fraudulent, deceptive, or generated outside the specified Radius, at the sole discretion of Clicki.
7.4 Promoter as Independent Contractor: By participating in promotional activities and sharing links, you, as a Promoter, are acting as an independent contractor. You are undertaking promotion services for Brand Partners, but your contractual relationship and compensation arrangements are exclusively with Clicki, Inc.
7.5 Source of Reward Earnings: All reward earnings to Promoters for their promotional services will be paid directly by Clicki, Inc., and not by the Brand Partners. This arrangement underscores the role of Clicki as the intermediary facilitator for these transactions.
7.6 Tax Responsibilities for U.S. Promoters: If you, as a Promoter, are located within the United States and accumulate over $600 in earnings from Clicki, Inc., within a single fiscal year, you are required to complete and submit the IRS Form 1099-NEC (Nonemployee Compensation).
7.7 International Promoter Tax Obligations: Promoters operating outside of the United States are solely responsible for complying with their respective local tax laws and regulations. Clicki disclaims all liability for any tax obligations incurred by international Promoters.
7.8 Clicki’s Non-Liability for Promoter Taxes: Clicki explicitly states that it bears no liability for any taxes owed by Promoters, regardless of their geographical location. All Promoters are individually responsible for adhering to their local tax regulations.
Section 8: Termination
8.1 Termination by Clicki or Business: Either Clicki or the Business holds the authority to terminate your participation in a Campaign at any time, with or without cause. 8.2 Platform Usage Termination: Clicki may limit or end your access to the platform for various reasons, including but not limited to breach of these Terms, engagement in fraudulent or abusive behavior, or violation of applicable laws and regulations.
Section 9: Liability and Legal Provisions
9.1 'As Is' Service Provision: Clicki is offered on an "as is" and "as available" basis, without any warranties or guarantees, express, implied, or statutory. 9.2 Exclusion of Liability: Clicki, its affiliates, officers, directors, employees, or agents shall not be liable for direct, indirect, incidental, special, consequential, or punitive damages, including lost profits or data, arising out of this Agreement or the use of the Clicki platform. 9.3 Indemnification: You agree to indemnify and hold harmless Clicki and its affiliates against any claims, liabilities, or expenses arising from your participation in Campaigns, violation of these Terms, or infringement of applicable laws.
Section 10: Governing Law and Dispute Resolution
10.1 Applicable Law: The Terms are governed and construed in accordance with the laws of the State of Delaware, United States, excluding its conflict of law principles. 10.2 Arbitration Agreement: Any disputes arising under these Terms shall be resolved through binding arbitration in Delaware. The arbitration decision shall be conclusive and binding on both parties.
Section 11: Amendments to Terms
11.1 Modifications by Clicki: Clicki reserves the right to modify these Terms at its discretion. Significant changes will be communicated to Promoters via email or notice on the platform. 11.2 Acceptance of Amendments: Your continued participation in Campaigns post-modification indicates acceptance of the revised Terms.
Section 12: Communication Consent
13.1 Unrevocable Right to Contact: As a Promoter engaging in promotional activities for Clicki Inc. and our Brand Partners, you hereby grant Clicki Inc. an irrevocable right to contact you via phone or email. This contact may pertain to various purposes, including but not limited to soliciting feedback, marketing communications, updates related to the platform, or any other relevant information.
13.2 Scope of Communication: This consent encompasses a broad range of communications from Clicki Inc., allowing the company to reach out to you for diverse reasons that may benefit your engagement with the platform, improve services, or provide essential updates about campaigns, policies, and more.
13.3 Promoter Acknowledgment: By agreeing to these terms, you acknowledge and accept that such communications are a part of your engagement with Clicki and understand that they are essential for the continuous collaboration between you, Clicki Inc., and Brand Partners.
13.4 Revoking Consent: If at any point you decide to revoke this communication consent, you may do so by sending an email to growth@clicki.io, clearly stating your request to withdraw your consent for contact. Upon receiving your request, Clicki Inc. will take the necessary steps to cease further communications of the nature you specify.
13.5 Opt-Out Options for Brand Partner Communications: Additionally, you have the option to opt out of communications from any Brand Partner, whether via email or SMS. Each communication from Brand Partners will include a straightforward mechanism for opting out, ensuring that you have control over the types of communications you receive.
13.6 Promoter Responsibility: It is your responsibility as a Promoter to initiate the process of revoking consent or opting out of specific communications should you choose to do so. Clicki Inc. will respect your decisions in this regard and will act promptly to honor your preferences in our communications strategy.
Section 13: Miscellaneous Provisions
12.1 Severability: If any part of these Terms is found unenforceable, the remainder shall remain in full effect. 12.2 Non-Waiver: Failure to enforce any part of these Terms does not constitute a waiver of Clicki’s rights. 12.3 Entire Agreement: These Terms, along with any linked policies, constitute the entire agreement between you and Clicki. 12.4 Assignment: Your rights or obligations under these Terms cannot be transferred without written consent from Clicki. Clicki may transfer its rights and responsibilities under these Terms without restriction.
For any inquiries or further clarification regarding these Terms, please reach out to growth@clicki.io.
By engaging as a Promoter on Clicki, you hereby acknowledge and agree to all of the Terms outlined above.
Effective Date: April 18, 2023
Welcome to Clicki, a referral marketing platform exclusively designed for enhancing local business marketing efforts. By engaging as a Promoter in promotional campaigns, you consent to adhere to these Promoter Terms of Service ("Terms"), which regulate your participation on the Clicki platform.
Section 1: Overview of Clicki
1.1 Platform Description: Clicki functions as a referral marketing platform, primarily intended to assist local businesses in their marketing endeavors. 1.2 Service Provider: The platform is managed and operated by Clicki, Inc., a legally established Delaware corporation. 1.3 Functionality: Clicki's primary function is to facilitate Promoters, like yourself, in participating in promotional campaigns for local businesses, with an opportunity to earn rewards in exchange for their marketing efforts.
Section 2: Definitions
2.1 Clicki: The Clicki platform, encompassing all services related to it, operated by Clicki, Inc., a corporation founded in the State of Delaware. 2.2 Promoter: An individual or entity like you, who engages in promotional campaigns for local businesses via the Clicki platform. 2.3 Business: Refers to a local operation that utilizes the Clicki platform for its marketing purposes. 2.4 Campaign: A specific marketing initiative undertaken by a Business. 2.5 Click: Any unique engagement that a User has with a Business's promotional content. 2.6 Radius: The defined geographical area within which a Business aims to attract clicks and leads.
Section 3: Eligibility Requirements
3.1 Legal Age and Capacity: To qualify as a Promoter, you must be at least 18 years of age and possess the legal capacity to enter into binding agreements. 3.2 Accuracy of Information: It is imperative that you provide real, accurate, and current information during your registration process. 3.3 Legal Compliance: You are obliged to adhere to all laws and regulations pertinent to the promotion of Businesses.
Section 4: Participation in Campaigns
4.1 Promotion within Radius: You are required to conduct promotional activities strictly within the Radius defined for each Campaign. Deviating from this zone is prohibited and may lead to termination from the Campaign and forfeiture of any earned rewards. 4.2 Prohibition of Fraudulent Practices: Engaging in fraudulent, deceptive, or manipulative practices for generating clicks or leads is strictly forbidden. This includes the use of automated tools, fake accounts, or disseminating false information. 4.3 Content Restrictions: You must not utilize the Clicki platform for the promotion of illegal, harmful, or offensive products or services.
Section 5: Account Terms & Financial Services
5.1 Relationship with the Brand Partner: You acknowledge that your engagement with the Brand Partner is initiated only when you opt to cash out your earned rewards. Prior to this action, no funds are held in a custodial account on your behalf. 5.2 Your Relationship with Clicki: In your capacity as a Promoter, you agree that Clicki will act as your agent exclusively at the time of cashing out your rewards. This relationship includes processing your cashout requests in real-time, initiating charges to the Brand Partner for the amount due to you, and facilitating the transfer of funds to your designated account. 5.3 Intermediary Role of Clicki: Clicki serves as an intermediary between you and the Brand Partner, particularly during the cashout process, to secure the funds owed to you as a reward.
Section 6: Additional Provisions
6.1 Real-Time Funding: Upon your request for a cashout, Clicki is responsible for charging the Brand Partner and immediately funding your designated account. 6.2 Limitation of Liability: Clicki, Inc. shall not be held liable for reward earnings that are due but not payable due to the Brand Partner’s financial status or compliance with the agreement.
Section 7: Compensation
7.1 Earnings Based on Campaign Terms: Your earnings as a Promoter will depend upon the specific terms and conditions outlined by each Business for their respective Campaigns.
7.2 Payment Process: All payments to Promoters shall be processed through the Clicki platform, subject to applicable deductions for fees and taxes.
7.3 Withholding Payments: Clicki reserves the right to withhold or retract compensation for any clicks or leads determined to be fraudulent, deceptive, or generated outside the specified Radius, at the sole discretion of Clicki.
7.4 Promoter as Independent Contractor: By participating in promotional activities and sharing links, you, as a Promoter, are acting as an independent contractor. You are undertaking promotion services for Brand Partners, but your contractual relationship and compensation arrangements are exclusively with Clicki, Inc.
7.5 Source of Reward Earnings: All reward earnings to Promoters for their promotional services will be paid directly by Clicki, Inc., and not by the Brand Partners. This arrangement underscores the role of Clicki as the intermediary facilitator for these transactions.
7.6 Tax Responsibilities for U.S. Promoters: If you, as a Promoter, are located within the United States and accumulate over $600 in earnings from Clicki, Inc., within a single fiscal year, you are required to complete and submit the IRS Form 1099-NEC (Nonemployee Compensation).
7.7 International Promoter Tax Obligations: Promoters operating outside of the United States are solely responsible for complying with their respective local tax laws and regulations. Clicki disclaims all liability for any tax obligations incurred by international Promoters.
7.8 Clicki’s Non-Liability for Promoter Taxes: Clicki explicitly states that it bears no liability for any taxes owed by Promoters, regardless of their geographical location. All Promoters are individually responsible for adhering to their local tax regulations.
Section 8: Termination
8.1 Termination by Clicki or Business: Either Clicki or the Business holds the authority to terminate your participation in a Campaign at any time, with or without cause. 8.2 Platform Usage Termination: Clicki may limit or end your access to the platform for various reasons, including but not limited to breach of these Terms, engagement in fraudulent or abusive behavior, or violation of applicable laws and regulations.
Section 9: Liability and Legal Provisions
9.1 'As Is' Service Provision: Clicki is offered on an "as is" and "as available" basis, without any warranties or guarantees, express, implied, or statutory. 9.2 Exclusion of Liability: Clicki, its affiliates, officers, directors, employees, or agents shall not be liable for direct, indirect, incidental, special, consequential, or punitive damages, including lost profits or data, arising out of this Agreement or the use of the Clicki platform. 9.3 Indemnification: You agree to indemnify and hold harmless Clicki and its affiliates against any claims, liabilities, or expenses arising from your participation in Campaigns, violation of these Terms, or infringement of applicable laws.
Section 10: Governing Law and Dispute Resolution
10.1 Applicable Law: The Terms are governed and construed in accordance with the laws of the State of Delaware, United States, excluding its conflict of law principles. 10.2 Arbitration Agreement: Any disputes arising under these Terms shall be resolved through binding arbitration in Delaware. The arbitration decision shall be conclusive and binding on both parties.
Section 11: Amendments to Terms
11.1 Modifications by Clicki: Clicki reserves the right to modify these Terms at its discretion. Significant changes will be communicated to Promoters via email or notice on the platform. 11.2 Acceptance of Amendments: Your continued participation in Campaigns post-modification indicates acceptance of the revised Terms.
Section 12: Communication Consent
13.1 Unrevocable Right to Contact: As a Promoter engaging in promotional activities for Clicki Inc. and our Brand Partners, you hereby grant Clicki Inc. an irrevocable right to contact you via phone or email. This contact may pertain to various purposes, including but not limited to soliciting feedback, marketing communications, updates related to the platform, or any other relevant information.
13.2 Scope of Communication: This consent encompasses a broad range of communications from Clicki Inc., allowing the company to reach out to you for diverse reasons that may benefit your engagement with the platform, improve services, or provide essential updates about campaigns, policies, and more.
13.3 Promoter Acknowledgment: By agreeing to these terms, you acknowledge and accept that such communications are a part of your engagement with Clicki and understand that they are essential for the continuous collaboration between you, Clicki Inc., and Brand Partners.
13.4 Revoking Consent: If at any point you decide to revoke this communication consent, you may do so by sending an email to growth@clicki.io, clearly stating your request to withdraw your consent for contact. Upon receiving your request, Clicki Inc. will take the necessary steps to cease further communications of the nature you specify.
13.5 Opt-Out Options for Brand Partner Communications: Additionally, you have the option to opt out of communications from any Brand Partner, whether via email or SMS. Each communication from Brand Partners will include a straightforward mechanism for opting out, ensuring that you have control over the types of communications you receive.
13.6 Promoter Responsibility: It is your responsibility as a Promoter to initiate the process of revoking consent or opting out of specific communications should you choose to do so. Clicki Inc. will respect your decisions in this regard and will act promptly to honor your preferences in our communications strategy.
Section 13: Miscellaneous Provisions
12.1 Severability: If any part of these Terms is found unenforceable, the remainder shall remain in full effect. 12.2 Non-Waiver: Failure to enforce any part of these Terms does not constitute a waiver of Clicki’s rights. 12.3 Entire Agreement: These Terms, along with any linked policies, constitute the entire agreement between you and Clicki. 12.4 Assignment: Your rights or obligations under these Terms cannot be transferred without written consent from Clicki. Clicki may transfer its rights and responsibilities under these Terms without restriction.
For any inquiries or further clarification regarding these Terms, please reach out to growth@clicki.io.
By engaging as a Promoter on Clicki, you hereby acknowledge and agree to all of the Terms outlined above.