Last Updated: February 1, 2016

 

Cake Market Referral Program

 

The Cake Market Program pays $200 (the “Referral Award”) to business partners for referring customers to Cake POS. This is how it works:

 

Overview. The Program is open to any Cake Market business partner. Partner may promote Cake’s point of sale services by referring Partner’s clients in the United States to Cake (each a “Lead”). Cake will provide to Partner information regarding the preferred Lead business type and will host a sales lead in-take form on “trycake.com/______” or associated web site (the “Lead Form”). Any Leads must be submitted to Cake via the Lead Form. Upon receipt of a completed Lead Form Cake does further qualification of the Lead and coordination of further sales communications. Partner is not required to provide Leads to Cake and Cake has no obligation to pursue or accept any Lead as a Cake customer. Partner agrees that the Cake Services may not satisfy the requirements of a referred client and may not be uninterrupted or error-free.

 

Materials and Marks. In connection with the Program Cake may provide to Partner certain marketing and/or promotional materials (“Materials”) relating to Cake and/or Cake brands that are promoted by Cake and its related affiliates (“Cake Entities”). Partner may use Materials for the purpose of marketing and promoting Cake brands (“Marketing Uses”) as reasonably related to the purposes of this Program and in a manner that is consistent with any usage guidelines provided by Cake. Other than for Marketing Uses, Partner shall make no use of the Materials in advertising, on Partner’s website, or otherwise, except in each case, without Cake’s written approval. Partner shall make no use of any name, trademarks, service marks, service names, logos, URLs, and the like associated with the Cake service or the Cake Entities (“Marks”) without Cake’s prior approval. Materials and Marks shall at all times be the sole and exclusive property of Cake Entities and no rights of ownership shall at any time vest with the Partner.

 

Partner may not knowingly and purposefully send any Unsolicited Email or text messages to Cake clients. “Unsolicited Email” shall mean email sent to persons other than: (i) persons with whom Partner has an existing business relationship, OR (ii) persons from whom Partner has directly procured the consent to the receipt of such email.

 

Qualification and Payment. To qualify, the Lead must (a) sign up and commence use of a paid Cake point-of-sale services account within 3 months of receipt by Cake of the Lead Form information (a “Subscription”) and (b) not have initiated the registration process with Cake prior to and independent of the introduction via the Lead Form. In the event more than one person introduces the same Lead to Cake then the Referral Reward will be payable to the person who submitted the Lead Form first-in-time (as reasonably documented by Cake).

 

A Referral Award will be payable for each Subscription. If a referred client subscribes for more than one (1) restaurant location, then an additional Referral Reward shall be payable for each additional subscribing location. “Subscription” is deemed to occur upon the first production use of Cake’s point-of-sale software services in a live restaurant environment (i.e., the go-live date).

 

The Referral Reward shall be paid on a periodic basis as follows: each month Cake shall make available to each Partner an accounting document listing the Subscriptions that occurred during the prior calendar month (so long at least one Subscription occurred) and itemizing each applicable Referral Reward (the “Accounting Statement”). No later than the 20th day of the month that follows the delivery of the Accounting Statement, Cake shall pay Partner the amounts set forth in the Accounting Statement. As a condition to payment, Cake requires an accurate statement of its ACH payment destination parameters. Partner bears all other costs and expenses for its activities unless otherwise the parties otherwise agree in writing.

 

General Conditions. Cake reserves the right to investigate any suspicious or inappropriate activity relating to the Program. Referral Awards are subject to voiding or recovery if fraud is suspected.

 

Cessation of Program. Cake reserves the right to terminate and/or modify the Program and the right of a Partner to participate in the Program at any time with no notice except as required by law. Upon termination of the Program or Partner’s participation, Partner will cease any marketing activities related to this Program and Cake shall pay Partner any Referral Rewards not already paid. Following termination Partner will no longer be eligible to earn Referral Rewards other than in connection with Leads referred to Cake via the Lead Form that convert to Subscriptions within 60 days of the effective date of termination.