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Arryved Referral Program Terms and Conditions

Program Overview

Arryved, Inc. (“Arryved”) is positioned as the #1 POS system in the craft beverage industry. This is largely due to our incredible customers who have played the role of brand ambassadors. It’s time we give back. Our customers refer us in the collaborative spirit of the industry, but in these challenging times, a few extra dollars are welcome. We are thrilled to share the love. Arryved is offering an opportunity to refer friends via our referral program (the “Program”). As a thank you for each Valid Referral (defined below) which you originate, you can earn a referral fee. By participating in the Program, you are bound by these Terms and Conditions (“Terms”) and indicate your agreement to them. Any personal information collected through this Program shall be treated in accordance with Arryved’s Privacy Policy available at https://www.arryved.com/privacy-policy/.

Eligibility

You are eligible for the Program if you are: (a) an existing customer of Arryved in good standing (an “Arryved Customer”); provided, that the Arryved Customer has launched and generated transactions (and is currently generating transactions) through the use of our POS system (the “Arryved Service”) and is not in breach of any underlying agreement with Arryved; or (b) an existing partner of Arryved; provided that you are not in breach of any underlying agreement with Arryved (an “Arryved Partner”, and together with an Arryved Customer, an “Entity Referrer” or (b) an individual familiar with the Arryved Service (“Individual Referrer”). You can earn rewards at an individual level *or* on behalf of the Entity Referrer with whom you are affiliated, but not both – you must designate which path you wish to choose upon registration of a Prospect.  If you enter into these Terms on behalf of an Entity Referrer, you warrant that you have the right to do so.

Valid Referrals

You can earn rewards for converting your friends, family members, or colleagues’ eligible businesses (“Prospects”) into Arryved customers. For a Prospect to qualify as a “Valid Referral” under these Terms, each of the below criteria must be met:

  1. You must refer the Prospect to Arryved in writing through our webform, available at https://www.arryved.com/referrals/, or by emailing a member of our sales team at [email protected] Verbal referrals are not eligible for the Program. When referring a Prospect by email, you must include in your message (a) your name; (b) the name of the Entity Referrer with whom you are affiliated, if applicable; (c) the name of the Prospect; (d) the name of a contact person for the Prospect;(e) the phone number and/or email address of the contact person for the Prospect; and (f) whether you are registering this Prospect on behalf of yourself as an Individual Referrer, or as an Entity Referrer.
  2. The Prospect must be an entity with whom you have a personal connection (i.e., not a random business) and who has expressed an interest in the Arryved Service.
  3. The Prospect must not be an existing customer of Arryved or an active lead (as defined by Arryved).  Notwithstanding, a Prospect who is already part of the Arryved database but who has not previously completed a demo may still qualify as a Valid Referral) if Arryved has accepted that Prospect as being attributable to you.
  4. Arryved must, in writing, accept such Prospect as a valid referral attributable to you.  If Arryved does not accept such Prospect in writing within 30 days of receipt, such Prospect shall be deemed rejected.
  5. The Prospect must be engaged in a business served by the Arryved Services.
  6. The Prospect must complete a demo with Arryved within sixty (60) days of the referral date.
  7. The Prospect must enter into a commercial agreement with Arryved, and launch the Arryved Service and process payments thereunder within 12 months of the referral date.

If all of the above requirements are not met, the Prospect shall not be a Valid Referral. 

At Arryved’s request, you shall reasonably assist Arryved in contacting any Valid Referral by arranging an introduction, meeting, conference call, demonstrations, or other means of communications. Nothing in these Terms obligates Arryved to actually offer or sell any Arryved Services or enter into a customer agreement with a Valid Referral and Arryved has sole discretion to determine the prices, terms, and conditions under which it offers or sells any Services

Referral Rewards

For each Valid Referral, if such Valid Referral enters into an agreement with Arryved, launches the Arryved Services, and processes payments using the Arryved Services within 12 months of the referral date, Arryved shall pay you a one-time payment of five hundred dollars ($500).  Only one referral reward will be paid per Valid Referral, even if there are multiple referral sources, and Arryved may allocate the referral reward in its discretion.

 Payment shall be made by Arryved to either the Individual Referrer or the Entity Referrer as set forth on the intake form), but never both, within thirty (30) days of the end of the calendar month in which Arryved receives payment from the Valid Referral for the Arryved Services.  

Payments are exclusive of, and you shall pay all taxes, fees, duties, and other governmental charges arising from the payment of any fees or any amounts owed to Referral Partner under these Terms (excluding any taxes arising from Arryved’s income).

Additionally, and only as set forth in a customer agreement between such Valid Referral and Arryved, Arryved may pay the Valid Referral a one-time cash incentive of $500 (paid via ACH) in connection with the referral made hereunder. 

Termination

Arryved may terminate these Terms at any time upon written notice to you. Arryved may remove you from the Program at any time for any reason.   Arryved’s payment obligations do not survive termination or expiration; provided that Arryved shall pay you any payments owed for any Valid Referral who enters into an agreement with Arryved, launches the Arryved Services, and processes payments using the Arryved Services within 60 days from the date of termination of these Terms.

Bulk Emails and Spam

By submitting any email address as part of the Program, you are representing that you have the appropriate permission and consent. Bulk email distribution, distribution to strangers, or any other use of the services described herein in a manner that is not promoted is expressly prohibited and may be grounds for immediate disqualification from the Program or further legal action. Arryved has a no-tolerance spam policy. You represent and warrant that: (a) you personally know the individual behind any Prospect emails or information you submit; (b) you have such individual’s consent to submit such emails and information; and (c) you reasonably believe such individual has a need for Arryved Services.  If at any time Arryved believes you are violating these warranties, Arryved may immediately remove you from the Program and you will not be entitled to receive any referral fees otherwise due.   

Indemnification; Limitation of Liability.

By participating in the Program, you agree to defend, indemnify, release and hold harmless Arryved, its parent companies, affiliates and subsidiaries, together with their respective employees, directors, officers, licensees, licensors, shareholders, attorneys and agents including, without limitation, their respective advertising and promotion entities and any person or entity associated with the production, operation or administration of the Program (collectively, the “Released Parties“), from any and all claims, actions, demands, damages, losses, liabilities, costs or expenses caused by, arising out of, in connection with, or related to your participation in the Program or your referral of any entity or individual.

YOU UNDERSTAND AND AGREE THAT ARRYVED MAKES NO, AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS AND TERMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR CUSTOM, INCLUDING, BUT NOT LIMITED TO, WARRANTIES RELATED TO THESE TERMS OR AS TO PRODUCTS OR SERVICES OFFERED THROUGH THE USE OF THE PROGRAM, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

ARRYVED SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ARRYVED WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THESE TERMS OR THE PROGRAM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.

TO THE FULLEST EXTENT POSSIBLE BY LAW, ARRYVED’S (INCLUDING ANY OF ITS VENDORS AND SERVICE PROVIDERS) MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM AND THESE TERMS, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), SHALL NOT EXCEED $100 USD. YOUR PARTICIPATION IN AND USE OF THE PROGRAM ARE AT YOUR OWN RISK.

Other Terms

There is no limit on the number of Valid Referrals you can make under the Program so long as you comply with these Terms.  In the event that a Prospect is referred more than once by different referring parties, the first customer to make a referral will receive credit for a Valid Referral. Arryved reserves the right to cancel, modify or terminate the Program at any time for any reason. We reserve the right to disqualify any Entity Referrer, Individual Referrer, Prospect, or Valid Referral at any time from participation in the Program if we have a good faith belief that such Entity Referrer, Individual Referrer, Prospect, or Valid Referral has violated any of these Terms. ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, ARRYVED RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

You shall comply with all applicable laws and regulations in connection with these Terms. You acknowledges that any payments  to you under these Terms are for your own account, and that except as appropriate to carry out your duties set forth herein in a legal manner, you shall not give, offer, pay, promise to pay, or authorize the payment of money or anything of value to any other person in connection with the transactions for which Referral Commissions are to be paid. You shall not make or publish any representations, warranties, or guarantees concerning the Arryved Services that are inconsistent with any warranties made by Arryved concerning the Arryved Services. You will be solely responsible for, and Arryved will have no obligation to honor, any warranties that You provides to customers with respect to the Arryved Services.

You shall not use any confidential or proprietary information of Arryved (the “Confidential Information”) for any purpose not expressly permitted by these Terms, and shall not disclose Confidential Information to anyone other than your employees who have a need to know such Confidential Information for purposes of these Terms and who are under subject to confidentiality obligations no less restrictive than your obligations. You shall protect Confidential Information from unauthorized use, access, and disclosure in the same manner as you protects your own confidential or proprietary information of a similar nature and with no less than reasonable care.

These Terms will be governed by and interpreted in accordance with the laws of the State of Colorado without reference to its choice of law rules that would require the application of the laws of a different jurisdiction. The parties hereby submit to the exclusive jurisdiction of, and waive any venue objections against, state or federal courts sitting in Denver, Colorado in any litigation arising out of these Terms or the Arryved Services.

Neither party may assign or transfer, by operation of law or otherwise these Terms or any of its rights or obligations under these Terms, to any third party without the other party’s prior written approval, except that Arryved may assign these Terms without your consent. The relationship of the parties established under these Terms is that of independent contractors and neither party is a partner, employee, agent, or joint venture partner of or with the other, and neither party has the right or authority to assume or create any obligation on behalf of the other party. These Terms constitutes the final and entire agreement between the parties regarding the subject hereof and supersedes all prior or contemporaneous agreements, understandings, and communications, whether written or oral.