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This Agreement (“CPLA”, or “Agreement”) is made by and between CakeME Food Tools, LLC (“Company”), and the executing party of this digtial form, (“Program Partner”).

1. Program Details. 
Program Partner will dispaly and offer Company’s products through a point of sale refrigerator (the “POS Hardware”) placed at its premises location. Company will provide the POS Hardware, plus initial inventory, and Program Partner will pay a $300 kickoff fee. A $100 monthly maintenance fee subsidizes the costs incured by the Company in replentishing inventory on a periodic basis. Program Partner will prominently display the POS Hardware and assist, instruct, and ensure customers who take product units from it use the affixed QR CODE to purchase the goods through the mobile checkout page to which the QR code directs them.   Program Partner agrees to be responsible for units that are stolen (not purchased through the QR link) by patrons and other persons in it’s establishment.

2. Money Back, Zero Risk Guarantee.
Program Partner may terminate within the first 90 days by providing written notice to Company of its desire to terminate and returning all remaining on-hand inventory and POS Hardware to Company. In the event of such termination within the first 90 days, Program Partner shall be entitled to a full refund of any fees paid up to the date of notice to terminate, provided there are no other violation of the terms of this Agreement.

3. Primary Revenue Sharing. 
Program Partner will receive 50% of gross sales made through the Program, defined as those originating from a scan of Program Partner’s unique QR code. The gross revenue share will be paid to Program Partner on a monthly basis by electronic transfer for all sales made during a calendar month, no later than the 15th day of the calendar month proceeding the closing of each month of sales.

4. Additional Revenue Sharing.
Program Partner will receive an additional share of revenues generated equal to 5% of gross sales for any sale made through other channels (e.g., D2C, through Company’s website, or through social media campaigns) by any customer who originated as customers through the Program. The additional commission will be added to the regular monthly payouts to Program Partner automatically, and be identified separately on payment reporting for tracking purposes.  Such sharing will continue for as long as Program Partner maintains participation in the Program in good standing.

5. Termination. 
Either party may terminate the Agreement for any reason upon 30 days’ prior written notice to the other party. If Program Partner exercises it’s right as described under Section 2 of this agreement, and If, in the sole discretion of the Company, Program Partner or its staff are determined to be in habitual violation of it’s good faith obligation to actively promote the on-hand inventory supplied by the Company to it’s customers, the Company will be within it’s rights to void the 90-day money-back guarantee.  Such inaction on the part of the Program Partner or it’s staff may impact the performance of the Program, causing substantial damage to the Company, the extent of which is difficult or impossible to contemplate in advance.

6. Governing Law, Venue, and Dispute Resolution. 
This Agreement is governed by and construed in accordance with the laws of the state of Texas, without giving effect to any choice of law or conflict of law provisions. Any dispute arising out of or in connection with this Agreement shall be resolved by arbitration in Tarrant County, Texas, before a single arbitrator selected by Company. The decision of the arbitrator shall be final and binding and may be enforced in any court of competent jurisdiction.

7. Entire Agreement. 
This Agreement constitutes the entire agreement between the parties and supersedes all prior and contemporaneous agreements and understandings, whether written or oral, relating to the subject matter of this Agreement. This Agreement may not be amended or modified except in writing signed by both parties.

This Privacy Policy of UpPromote about Affiliate Marketing system describes how we may collect and use personal data and the rights granted to merchants, affiliates and customers regarding their respective data.

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UpPromote understands that you have rights over your personal information, and takes reasonable steps to allow you to access, correct, amend, delete, port, or limit the use of your personal information. If you are using the system and wish to exercise these right, please contact us through bradley@cakeme.us. We may require that you provide us with acceptable verification of your identity before providing access to such information.

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