Partners

Partners Terms & Conditions

By submitting an application for or clicking “Sign Up!” for the ShopKeep Partner Program (“Program”) you (“ShopKeep Partner”) agree to be bound to the following terms and conditions (“Terms and Conditions”).

ShopKeep LLC reserves the right to update and change the Terms and Conditions from time to time without notice. Any new features that augment or enhance the current Partner Program shall be subject to the Terms and Conditions. Continued use of the Partner Program after any such changes shall constitute your consent to such changes.

You can review the most current version of the Terms and Conditions at any time at: http://shopkeep.com/partnerterms

Violation of any of the terms below will result in the termination of your Account and forfeiture of any outstanding commission payments earned during the violation. You agree to use the Partner Program at your own risk.

General Terms

• You must live in the United States to be a Partner.
• You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
• You are responsible for maintaining the security of your account and password. ShopKeep cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
• One person or legal entity may not maintain more than one account.
• You may not use the Partner Program for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
• You may not use the Partner Program to earn money on your own ShopKeep.com accounts.

Revenue Share Terms

• The “Revenue Share” will equal 20% of the gross revenue from the customers the ShopKeep Partner refer to us. This will include 20% of the monthly fee and 20% of credit card commissions, if any, for that customer.
• The Revenue Share per ShopKeep Customer will not exceed $1200 in a calendar year.
• If the customer does not sign up through ShopKeep LLC for credit card processing then the Revenue Share will only amount to 10%.
• You will accrue an account balance which will be paid out only once it is over $100 on the Partner Payment Date.
• We are only responsible for paying accounts that have reached the $100 payment threshold.
• Partner Payment Dates will be January 15th, April 15th, July 15th, October 15th of each calendar year.
• We reserve the right to change the Revenue Share Terms at any time with 60 days email notice to the ShopKeep Partner.
• We reserve the right to disqualify Revenue Share earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.
• Payments to ShopKeep Partners will be done only with Paypal. We will not make payments by any other method. You must have a paypal account to sign up for this program in order to assure payment.

Partner Relationship with ShopKeep LLC

You and we are independent contractors, and nothing in these Terms and Conditions will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Agreement.
You may not issue any press release with respect to this Agreement or your participation in this Program; such action may result in your termination from the Program.
You may not in any manner misrepresent or embellish the relationship between us and you, say you develop our products, say you are part of ShopKeep, LLC or ShopKeep.com, or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement (including by expressing or implying that we support, sponsor, endorse, or contribute money to any charity or other cause).

Partner’s Responsibilities

Partners are responsible for sending leads to ShopKeep LLC. either through our partner portal or by contacting our in house sales team at 646-706-7750 or sales@shopkeep.com.
Partners may also sign up customers on ShopKeep.com/signup but you must notify ShopKeep LLC within 1 week of sign up that that customer should be added to your portfolio by emailing sales@shopkeep.com.

Compliance with Laws

As a condition to your participation in the Program, you agree that while you are a Program participant you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a Program participant. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Program you will comply with all applicable laws (federal, state or otherwise) that govern marketing email, including without limitation, the CAN-SPAM Act of 2003 and all other anti-spam laws.

Term of the Agreement and Program

The term of this Agreement will begin upon our acceptance of your Program application 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. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to any Product Site, and all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. ShopKeep LLC reserves the right to end the Program at any time. Upon program termination, ShopKeep LLC will pay any outstanding earnings accrued above $100.

Termination

ShopKeep LLC, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Program, or any other ShopKeep LLC service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all potential or to-be-paid commissions in your Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. ShopKeep LLC reserves the right to refuse service to anyone for any reason at any time.

Limitations 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 this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement.

Disclaimers

We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, noninfringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of the Product Sites will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

Independent Investigation

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

Arbitration

Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our affiliates shall be submitted to confidential arbitration in New York, NY USA except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the state of Washington (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Miscellaneous

This Agreement will be governed by the laws of the United States and the state of New York USA, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement. The failure of ShopKeep LLC to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and ShopKeep LLC and govern your use of the Service, superceding any prior agreements between you and ShopKeep LLC (including, but not limited to, any prior versions of the Terms of Service).