Business Partner Terms | Perk

1. Enrollment and Business Eligibility

Application: To become a business partner on Perk, you must complete the online application and provide accurate information about your business, including legal business name, location, contact information, and business license details.

Business Representations: By enrolling, you represent and warrant that:

You are an authorized representative of the business
Your business is duly organized, validly existing, and in good standing
You hold all necessary licenses, permits, and approvals to operate your business
You have the authority to enter into this agreement on behalf of your business

Profile Maintenance: You are responsible for keeping your business profile accurate and up to date, including hours of operation, contact information, photos, and perk offerings.

2. Perks and Promotions

Creating Perks: You may create and manage perks, discounts, happy hours, and promotions through the Perk business dashboard. All perks must:

Accurately describe the offer, discount, and any terms or restrictions
Be honored as posted for the duration specified
Comply with all applicable laws and regulations
Not be misleading, deceptive, or discriminatory

Honoring Perks: You agree to honor all perks redeemed by users through the Platform. Perk provides verification tools including NFC, GPS geofencing, and visual confirmation to ensure legitimate redemptions.

No Guarantee of Results: Listing your business or perks on the Platform does not guarantee any specific number of views, saves, redemptions, or customer visits. Results vary based on factors including location, offer attractiveness, market conditions, and user behavior. Perk makes no representations or warranties regarding the commercial success of any perk or promotion.

Pre-Populated Listings: Perk may create pre-populated business listings based on publicly available information. Businesses can claim and customize these listings by completing the enrollment process.

PERK SHALL NOT BE LIABLE FOR ANY INACCURACIES IN PRE-POPULATED LISTINGS. BUSINESSES ARE SOLELY RESPONSIBLE FOR REVIEWING AND CORRECTING THEIR LISTING INFORMATION UPON CLAIMING THEIR PROFILE.

Redemption Disputes: If a user disputes a redemption or reports an issue with a perk at your business, you must respond within 5 business days of notification. Disputes can be reported to support@perkapp.co. Perk reserves the right to mediate disputes and, if necessary, issue resolutions including but not limited to crediting the user or suspending the perk.

3. Fees and Payment

Pilot Program: During the Pilot Program (see Pilot Program Terms), all Platform services are provided FREE OF CHARGE. No subscription fees or transaction fees will apply during the pilot period.

Post-Pilot Pricing (Tiered Subscription Model):

Starter: $49/month
Growth: $99/month
Pro: $249/month

Pricing details and feature tiers will be provided at least 30 days in advance before any fees take effect.

Payment Terms: Subscription fees are due within 15 days of invoice. Late payments will incur a late fee of 1.5% per month.

Changes to Pricing: We reserve the right to change pricing with 30 days' advance notice.

4. Data and Analytics

Business Analytics Dashboard: Perk provides business partners with access to analytics including:

Aggregate engagement metrics (views, saves, shares)
Redemption statistics
Foot traffic trends and demographics (aggregated)
Performance insights and recommendations

Limited User Data: When a user redeems a perk at your business, you will receive the user's first name and redemption status for verification purposes only. You will NOT receive users' email addresses, phone numbers, or other personal contact information.

Data Restrictions: You agree NOT to:

Sell, share, or disclose any user data obtained through the Platform to third parties
Use user data for purposes other than verifying legitimate perk redemptions
Attempt to identify, contact, or market to individual users outside the Platform

Data Ownership: Perk owns all Platform data, analytics, and aggregated insights. You own your business content (name, logo, photos, perk descriptions).

Data Breach Notification: In the event that Perk becomes aware of a data breach that affects your business data or the personal information of users who redeemed perks at your business, we will notify you within 72 hours of confirming the breach. Notification will be sent to the email address associated with your business account. You agree to cooperate with Perk in investigating and mitigating any data breach.

5. Intellectual Property

Business Content License: You grant Perk Infrastructure LLC a non-exclusive, worldwide, royalty-free, non-transferable (except to successors in a merger or acquisition) license to use, reproduce, modify, publish, and display your business name, logo, trademarks, photos, and promotional content on the Platform and in our marketing materials.

Perk Platform IP: Perk owns all intellectual property rights in and to the Platform, including software, technology, trademarks, and branding. You may not copy, modify, reverse engineer, or create derivative works based on the Platform.

6. Compliance and Business Conduct

Legal Compliance: You agree to comply with all applicable federal, state, and local laws, including:

Business licensing and health code requirements
Age verification laws (e.g., for alcohol sales)
Consumer protection laws
Non-discrimination laws

No Deceptive Practices: All perks and business information must be accurate, truthful, and not misleading.

Non-Discrimination: You may not discriminate against users on the basis of race, color, religion, sex, national origin, disability, or any other protected characteristic.

Complaint Response: You agree to respond promptly and professionally to user complaints, disputes, or issues related to perks or service.

Alcohol Compliance

If your business serves or sells alcoholic beverages, you represent, warrant, and agree that:

You hold a valid liquor license issued by the Michigan Liquor Control Commission (MLCC) or the applicable state or local licensing authority, and will maintain such license in good standing throughout your participation on the Platform
You are solely responsible for verifying the age and legal eligibility of every customer before serving or selling alcoholic beverages, regardless of whether the transaction involves a Perk promotion
All alcohol-related perks and promotions you create comply with applicable federal, state, and local laws governing the advertising and sale of alcoholic beverages
You will indemnify, defend, and hold harmless Perk Infrastructure LLC from any claims, fines, penalties, liabilities, or damages arising from your sale, service, or promotion of alcoholic beverages, including any failure to verify age or comply with MLCC regulations
Perk reserves the right to immediately remove any alcohol-related promotion that Perk reasonably believes violates applicable law or this section, without prior notice

For more information, see our Alcohol Policy.

7. Term and Termination

Term: This agreement begins when you complete enrollment and continues until terminated by either party.

Termination for Convenience: Either party may terminate this agreement with 30 days' written notice.

Termination for Cause: We may immediately terminate your account for:

Breach of these Terms
Fraudulent activity or misrepresentation
Repeated user complaints or disputes
Violation of applicable laws
Failure to honor posted perks

Effect of Termination: Upon termination, you must continue to honor any unredeemed perks that were active prior to termination. We may remove your business profile and perks from the Platform.

8. Disclaimers

THE PLATFORM IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. PERK DOES NOT GUARANTEE:

Any specific number of users, redemptions, or foot traffic
Uninterrupted or error-free Platform access
That the Platform will meet your business goals or expectations

OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE TOTAL FEES YOU PAID TO PERK IN THE 12 MONTHS PRECEDING THE CLAIM, OR $500, WHICHEVER IS GREATER.

9. Indemnification

You agree to indemnify, defend, and hold harmless Perk Infrastructure LLC from any claims, liabilities, damages, losses, or expenses (including reasonable attorneys' fees) arising from: (a) your use of the Platform, (b) your perks or business operations, (c) your violation of these Terms, (d) your violation of any user rights, or (e) your violation of applicable laws.

10. Dispute Resolution

Any dispute arising from or relating to these Terms shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall take place in Delaware.

CLASS ACTION WAIVER: DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY. YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION.

11. Governing Law and Contact

These Terms are governed by the laws of the State of Delaware, without regard to conflict of laws principles.

Contact: For questions or concerns about these Terms, contact legal@perkapp.co.

Business Partner Terms of Service