Last updated April 16, 2022
THIS IS A LEGAL AGREEMENT BETWEEN YOU (“YOU”, “YOUR”, OR “YOURS”), AND PTECHPEOPLE LLC, LOCATED IN FRISCO TX, (“IAMATSTORE”, “WE”, “US”, OR “OUR”). BY CLICKING ON THE “I ACCEPT” BUTTON AT THE END OF THESE AFFILIATE TERMS AND CONDITIONS (“AFFILIATE TERMS”) YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THESE AFFILIATE TERMS AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION HEREIN.
All capitalised terms used and not otherwise defined herein shall have the meaning ascribed to them in IAMATSTORE’s Terms of Service.
These Affiliate Terms contain the complete terms and conditions that apply to You when becoming an affiliate in IAMATSTORE’s affiliate program (the “Affiliate Program”). The purpose of these Affiliate Terms is to allow You to make affiliate commissions through sales generated from Your website to Our Services in the manner set forth herein.
Enrollment in the Affiliate Program
- Application Completion. If You have not already done so, You need to complete an application to the Affiliate Program (the “Application”). You just need to follow these steps:
- Download our mobile app
- If you are a new user then create a new account. If you are an existing user then just log in with your credentials.
- Click on the Share button of any restaurant of your choice that you want to promote.
- Complete the onboarding process and you are now an Affiliate!
You will maintain complete, accurate, and up-to-date information about yourself, including your email address. We may communicate with you via email using the email address associated with your account. All notifications, approvals, and other communications sent to that email address will be deemed received, even if the email address associated with your account is no longer valid.
Specific Obligations of Affiliates
As a member of Our Affiliate Program, You represent, warrant, and covenant that You will:
Link to Our Services.
You will implement the links, banners, and other means of linking to Our Services (collectively, “Referral Links”) pursuant to the referral specifications set forth on the Affiliate Program (“Referral Specifications”). When Our customers click through the Referral Links to order a dish on the IAMATSTORE mobile app, you can receive commissions for qualifying individual transaction purchases as described in Affiliate Commissions.
As a member of Our Affiliate Program, You understand and agree that:
- We Determine the Policies for Referred Customers: Persons who become customers of Our Services through referrals made in the Affiliate Program will be considered Our customers, at Our sole discretion. All Our terms, rules, policies, and operating procedures that apply to Our Users will apply to such referred customers. We may change Our terms, rules, policies, and operating procedures at any time, as further described in Our Terms of Service and Our other terms as We may post from time to time
- You will not use Our company name or variations of Our company name in your Domain Names or Social Media pages: You may not register or purchase domain names that include Our company’s name or any misspellings or variations of Our company name to run promotions as an affiliate. Additionally, you may not include Our Company name, variations of Our company name, or the look and feel of Our own social media pages on any social media pages (i.e., Facebook Fan Page) where You run promotions as an affiliate.
- You will not promote using cookie-stuffing: You may not use cookie stuffing techniques or click-generators that set the tracking cookie without the user clicking on the Referral Link. You will not artificially generate clicks or impressions on your site or create visits on the IAMATSTORE mobile app, whether by way of a robot or software program or otherwise.
- You will be open and honest about Your relationship with Us: You may not misrepresent or embellish the relationship between you and IAMATSTORE or imply any relationship or affiliation between you and IAMATSTORE or any other person or entity except as expressly permitted by this affiliate Agreement. You may not represent yourself as an agent or employee of IAMATSTORE or represent that you have the authority to bind IAMATSTORE to a contract.
- Eligibility: Except in jurisdictions in which such a transaction is not permitted, You are eligible to earn affiliate commissions through Referrals during the term of these Affiliate Terms, according to the calculation described below.
- Payment of affiliate commissions will be made on every order from their referral link from our mobile app only. Payments are disbursed according to the payment method You have selected in Your affiliate account. If Your account is terminated due to a violation of these Affiliate Terms, We reserve the right to withhold all future payments owed to You.
- The commission is based on how much the restaurant wants to pay per order. There is a minimum 1% commission that the restaurant has to pay on every referral order.
- Affiliates are responsible for all charges, fees, taxes, exchange rates, surcharges, and other expenses incurred to receive affiliate payments. Please check with your receiving banking institution to find out if any of these apply to your account.
- If We determine that payment of affiliate commissions to You in any jurisdiction is illegal under any laws, then We may reserve the right to not pay affiliate commissions for any sales made in that jurisdiction.
We both agree not to use the other’s proprietary materials in any manner that is disparaging or that otherwise portrays the other in a negative light. We each reserve all our respective rights in the proprietary materials covered by this license. Either one of us may revoke this license at any time by giving the other written notice ending our engagement under these Affiliate Terms and Your Affiliate status. Other than the license granted in these Affiliate Terms, we each retain all right, title, and interest to our respective rights, and no right, title, or interest is transferred to the other.
WE MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING IAMATSTORE. ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FIT FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
Limitations of Liability
WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THESE AFFILIATE TERMS UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE AFFILIATE TERMS, IN NO EVENT SHALL OUR CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THESE AFFILIATE TERMS, WHETHER BASED ON CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL REFERRAL FEES PAID TO YOU UNDER THESE AFFILIATE TERMS.
You agree to indemnify and hold harmless PTECHPEOPLE and its employees, representatives, and agents, against all claims, suits, actions, or other proceedings brought against them based on or arising from any claim resulting from Your breach of these Affiliate Terms. You will pay all costs, damages, and expenses, including, but not limited to, reasonable attorneys’ fees and costs awarded against or otherwise incurred by Us in connection with or arising from any such claim, suit, action, or proceeding.
IAMATSTORE or You can Each End Our Engagement Under these Affiliate Terms: Either Us or You may end these Affiliate Terms AT ANY TIME, with or without cause, by giving the other party written notice. Written notice can be in the form of mail or email.
From time to time, We may update these Terms to clarify Our practices or to reflect new or different practices, for example, We may change the scope of Referral Fees, payment procedures, Affiliate Program rules, Referral Specifications or Referral Materials, and IAMATSTORE reserves the right in its sole discretion to modify and/or make changes to these Affiliate Terms at any time, at Our sole discretion. If We make any material change to these Affiliate Terms, You will automatically receive an email notifying You that changes were made and prompting You to agree to Our new Affiliate Terms. Modifications will become effective on the day they are posted unless stated otherwise. You should visit the Services regularly to ensure You are aware of any changes to the Affiliate Terms, as any revised Affiliate Terms shall supersede all previous Affiliate Terms.
You represent and warrant to Us that:
- These Affiliate Terms constitute Your legal, valid, and binding obligation, enforceable against You in accordance with the terms and conditions set forth herein.
- You have the full right, power, and authority to accept and be bound by these Affiliate Terms and to perform Your obligations under these Affiliate Terms, without the approval or consent of any other party.
- You have sufficient right, title, and interest in and to the rights granted to Us in these Affiliate Terms; and,
- YOU HAVE READ AND TAKEN INTO ACCOUNT THE LIMITATION OF LIABILITY AND WARRANTY DISCLAIMER PROVISIONS OF THESE AFFILIATE TERMS PRIOR TO ACCEPTING THESE AFFILIATE TERMS.
- Independent Contractors. Each of us shall be deemed to be an independent contractor with respect to the subject matter of these Affiliate Terms, and nothing contained in these Affiliate Terms shall be deemed or construed in any manner as creating any partnership, joint venture, employment, agency, fiduciary, or other similar relationship. You will not make any statement, whether on your site or otherwise, that contradicts or may contract anything in this paragraph.
- Assignability. You may not assign Your rights or obligations under these Affiliate Terms to any party, and any attempt to do so will be void and without effect. We are free to assign these Affiliate Terms.
- Governing Laws. These Affiliate Terms shall be governed by the substantive laws of the United States without reference to its choice or conflicts of law principles that would require the application of the laws of another jurisdiction and shall be considered to have been made and accepted in the State of Texas. Any dispute that may arise in connection with these Affiliate Terms shall be resolved in accordance with our Terms of Service.
- You may not amend or waive any provision of these Affiliate Terms unless in writing and signed by both of us.
- Entire Agreement. These Affiliate Terms represent the entire agreement between Us and You and shall supersede all prior agreements and communications between us, oral or written.
- Headings and Titles. The headings and titles contained in these Affiliate Terms are included for convenience only and shall not limit or otherwise affect the terms herein.
- If any provision of these Affiliate Terms is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the both of us is effectuated, and the remainder of these Affiliate Terms shall have full force and effect.