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Integration Referral Program

Smartwaiver Integration Referral Program

Terms & Conditions

Overview

This agreement contains the complete terms and conditions that apply to an individual or entity's participation in the Smartwaiver Integration Referral Program (the "Program"). As used in this Agreement, Smartwaiver Inc., will be referred to as "we" and the applicant will be referred to as "you." The term "site" applies to a World Wide Web site and, depending on the context, refers to either Smartwaiver.com or any site or application that you will link to ours.

Term of the Agreement
The term of this Agreement will begin upon your acceptance to the Program and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. In addition, Smartwaiver reserves the right to cancel the Program at any time and for any reason, without prior notice. Upon the termination of this Agreement or the Program for any reason, you will immediately cease use of, and remove from your site, all links to Smartwaiver.com and all Smartwaiver trademarks, logos, and all other materials provided by or on behalf of us to you in connection with the Program.

Enrollment in the Program
Your enrollment in the Program is subject to our discretion. Smartwaiver may at any time reject your application if we determine, in our sole discretion, that your site is unsuitable for the Program. Unsuitable sites include, without limitation, those that:

  • promote violence, illegal activities, sexually explicit content or any type of discrimination
  • violate copyrights or intellectual property rights
  • contain any parameter deemed inconsistent with the standards of behavior and decorum associated with our brand and website
  • engage in any other activities that we find malicious or in abuse of our API or referral program

Tracking and Processing
We will track and process all transactions made by customers who have "fired" a Webhook using the integration you set up using our open API. To enable accurate tracking, reporting, and attribution, you must ensure that the integration between your site and our site is configured properly.

Limited License
We grant you a nonexclusive, revocable right to use graphic images and text we provide to you and other text or images for which we grant express permission, solely for the purpose of identifying your site as a Program participant. You may not modify any of these graphic images or text in any way. We reserve all intellectual property rights of Smartwaiver.com, including text, graphic images or any other images, trade names, trademarks, and copyrights. You agree to follow our trademark guidelines and are aware that these may change. In the event of a change, you must make relevant changes to your site to conform to the changed guidelines within 30 days. We may revoke your license at any time, with or without cause, by giving you written notice. Upon receiving a revocation notice from Smartwaiver, you have 10 days to cease all use of material licensed to you by Smartwaiver.

Responsibility for Your Site
You are solely responsible for the development, content, operation, and maintenance of your site. This responsibility includes: functionality of Smartwaiver links the accuracy and appropriateness of site content as it relates to Smartwaiver the assurance that site content does not violate or infringe upon the rights of any third party (including copyrights, trademarks, privacy, or other personal and proprietary rights) assurance that site content is neither libelous or otherwise illegal

Modification
We may modify any of the terms or conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on our site. Modifications may include, for example, changes in the scope of available referral fees, referral fee schedules, payment procedures, and Program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.

Relationship of Parties
Nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representatives, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You may not make any statement, whether on your site or otherwise, that would reasonably contradict anything in this section. Any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties must be set forth in a separate written document, signed by an officer of Smartwaiver.

Limitation of Liability
We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to any claim arising out of this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement during the six (6) months preceding such claim.

Disclaimers
We name no express or implied warranties or representations with respect to the Program. In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.