Merchant Agreement

Last Updated October 15, 2016

The services offered by dealsnapt, inc., its mobile application dealsnapt, and its website at https://dealsnapt.com are collectively referred to as “dealsnapt”. The website at https://merchant.dealsnapt.com and its mobile application dealsnapt Merchant are referred to as “Merchant Center”

The Merchant Center is open to any Merchant that has a registered account with dealsnapt.com and is current with their subscription or agrees to run Vouchers without an active subscription.  By participating in the Merchant Center, you (hereinafter referred to as ‘Merchant’) acknowledge that you have read, understand and accept the rules enclosed in this agreement.

“Voucher” is a prepaid offer that a purchaser buys ahead of time.

Subscribed Merchant” is a merchant that has purchased a paid subscription which is currently active.

“Merchant Offering” means the goods and/or services to be provided by the Merchant, specified on the Voucher as presented by dealsnapt.

“Promotional Period” means the period during which Vouchers for the Merchant Offering are available for purchase within dealsnapt.

“Full Offer Value” means the Amount Paid plus the Promotional Value.

“Amount Paid” means the amount a purchaser pays for each Voucher.

“Offer Display Period” means the period when the Merchant Offering is visible on the dealsnapt platform for purchase.

“Promotional Value” means the portion of the Full Offer Value that exceeds the Amount Paid.

“Promotional Value Expiration Date” means the date when the Promotional Value expires as specified on the Voucher. It is the date after which the Voucher may only be redeemed for the Amount Paid.

“Remittance Amount” means the amount dealsnapt will forward to Merchant for each Voucher sold.

“Game Reward” means a discount or prize won in the dealsnapt on-location Spin2Win game.

“Fine Print” means the Merchant specified conditions and restrictions on the redemption of the Voucher as set forth on the Website, mobile application and Voucher.

dealsnapt presents the deal on behalf of the Merchants, but the Merchant agrees to honor all active deals and rewards that they have created, updated or have validated (‘Validated Deal’). A Validated Deal is a user-generated deal that is claimed by the Merchant by selecting ‘Validate Deal’ in the Merchant Center. A created deal and subsequent updates are managed through the Merchant Center.

The Merchant shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the Merchant or its products and services for an Approved Offer.

  • Merchant agrees that so long as an appointment is made by a customer for the redemption of a Voucher before the Voucher’s Promotional Value Expiration Date, the Voucher will be honored for the Full Offer Value without restriction, even though the services may be provided after the Promotional Value Expiration Date.
  • Merchant agrees that in providing the goods or services that are the subject of the Voucher, it will not impose any extra or additional fees, charges, conditions or restrictions that contradict or are inconsistent with the terms set forth on the face of the Voucher, including the Fine Print.
  • Partial redemptions: If applicable, and if a customer redeems a Voucher for less than the Amount Paid, the Merchant will be responsible for handling any unredeemed value as required by applicable law.
  • Merchant will honor the Vouchers for their Full Offer Value through the Promotional Value Expiration Date. After the Promotional Value Expiration Date, Merchant shall honor the Vouchers for at least the Amount Paid. EXCEPT WITH RESPECT TO ANY VOUCHERS THAT ARE AUTOMATICALLY REFUNDED BY DEALSNAPT OR MERCHANT, MERCHANT ACKNOWLEDGES THAT, NOTWITHSTANDING ANYTHING CONTAINED IN THIS AGREEMENT OR PERMITTED BY APPLICABLE LAW, MERCHANT WILL CONTINUE TO HONOR THE VOUCHER FOR THE AMOUNT PAID INDEFINITELY.
  • dealsnapt may offer and sell on behalf of the Merchant through the dealsnapt platform. dealsnapt will promote the Merchant Offering on dates in its discretion and will make reasonable efforts to allow Merchant to approve the Merchant Offering prior to its publication.
  • Merchant shall be responsible for all customer service in connection with the Merchant Offering and for supplying all goods and services specified in the Merchant Offering. If, after the Promotional Value Expiration Date, the goods and services specified by the Voucher are no longer available, the Merchant must allow the customer to redeem the Voucher toward any goods or services then offered by the Merchant. dealsnapt reserves the continuing right, but shall not be obligated, to reject, revise, or discontinue promoting any Merchant Offering and Voucher to conform the Merchant Offering and Voucher to dealsnapt specifications or applicable law.
  • Merchant authorizes dealsnapt to promote and distribute Vouchers on Merchant’s behalf in accordance with this Agreement and subject to the “Terms of Use” located at https://www.dealsnapt.com/terms#terms-of-sale. Merchant is the seller of the Vouchers and the Merchant Offering. The Voucher will evidence the Merchant Offering and be sent to the purchaser electronically once payment is received. The purchaser will then redeem the Voucher from the Merchant by presenting the Voucher in paper form or using their mobile device.
  • Voucher Remittances
    • Amounts retained by dealsnapt are compensation for distributing and managing the Vouchers on behalf of Merchant and for associated handling fees. Merchant agrees and acknowledges that if Merchant is either unwilling or unable to perform its obligations under this Agreement, dealsnapt may withhold future payment and/or secure reimbursement from Merchant for any unredeemed or refunded Vouchers.
    • dealsnapt will pay Merchant the Remittance Amount for each Voucher properly activated for which a purchaser has fully paid dealsnapt. Merchant is registered for sales and use tax collection purposes, and shall be responsible for paying all sales and use taxes related to the goods and services described in the offer.
    • Payment will be made by a check payable to the merchant within thirty (30) business days after the Promotional Period. Amounts retained by dealsnapt are compensation to dealsnapt for the service of advertising and selling the Vouchers for Merchant.

 

Game Rewards and winning odds are the sole responsibility of Merchant. A Reward is identified by a Golden Ticket with ‘You’ve Won’

Merchant grants to dealsnapt a non-exclusive worldwide license and right to use, reproduce, display, distribute and transmit the Merchant’s name, logo and any trademarks (“Merchant Marks”) and any photographs, graphics, artwork, text and other content provided or specified by Merchant (“Content”) in connection with the marketing, promotion, sale or distribution of Vouchers, in any and all media or formats in which such Vouchers are marketed, promoted, transmitted, sold, or distributed, including but not limited to, on the dealsnapt Website or Apps.

From time to time dealsnapt may offer special promotions, contests and/or sweepstakes intended to provide users an incentive view offers, or to encourage them to get others to do so. The applicable rules will be posted in the Service, in or near the description of each such promotion. We reserve the right to interpret these rules in our sole discretion, and you hereby agree to our interpretation.

dealsnapt makes no representations or warranties and there are no conditions of any kind, either express or implied, statutory or otherwise, with respect to the Merchant Center including without limitation:

Implied warranties of merchantability, fitness for a particular purpose, title and non-infringement; any implied warranty arising from the course of dealing or usage of trade; any obligation, liability, right, claim or remedy in tort, whether or not arising from the negligence of dealsnapt.

dealsnapt may, at its sole discretion, and without notice, terminate the right of any participant in the Merchant Program, or deny a user of dealsnapt to the right to participate in this program. To the extent that such a termination or denial is made by dealsnapt without cause, dealsnapt will provide the Merchant a prorated refund on any fees less transaction charges.

dealsnapt does not provide refunds with the exception of Termination without cause as identified above.

This Merchant Agreement together with the dealsnapt Terms of Use http://dealsnapt.com/terms_of_use , and with the Privacy Policy at http://dealsnapt.com/privacy_policy and any other legal notices published by dealsnapt on the Service, shall constitute the entire agreement between the Merchant and dealsnapt concerning dealsnapt and the Merchant Center. We may change the terms of this Agreement from time to time on a going-forward basis, and any such modifications become effective immediately upon being posted to the Service. It is your sole responsibility to check the Service from time to time to view any such changes in the Agreement. If you do not agree to any changes, if and when such changes may be made to the Agreement, you must cease use of the Service. Your use of the Service after any modifications to the Agreement indicates that you agree to such modified Agreement. Any changes to this Agreement (other than as set forth in this paragraph) or waiver of dealsnapt’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of dealsnapt. No purported waiver or modification of this Agreement by dealsnapt via telephonic or email communications shall be valid

The Merchant Center and dealsnapt are governed by and construed in accordance with the laws of California. You hereby agree to comply with all applicable laws, statutes, and regulations regarding participation in this program.