CAKE Affiliate Referral Program Terms of Service

Terms and Conditions

Subject to the terms and conditions provided herein, (“Program Terms of Service”), CAKE will compensate eligible people for each Qualified Referral that leads to the purchase of CAKE. More details about the CAKE Affiliate Referral Program, (“Referral Program”), are set below. Acceptance of the Referral Program is required in order for you to be eligible to receive referral fees, (“Fees”), for Qualified Referrals.

I. Eligible Referrers

Persons or entities that are not current CAKE employees may submit referrals under this Referral Program. CAKE reserves the right to request to vet and approve such persons for participation in this Referral Program in CAKE’s sole and absolute discretion. A person that submits a referral pursuant to the Program’s Terms of Service and, if applicable, is approved by CAKE shall be deemed a “Referrer” and shall be eligible for the Fees and other benefits under this Referral Program.

II. Qualified Referrals

Subject to the Program Terms of Service, Referrers may receive a Fee for introducing a Qualified Referral to CAKE. A “Qualified Referral” is any individual introduced by a Referrer to CAKE by way of a Referral Submission that enters into an active sales contract with CAKE. Additionally, to be considered a Qualified Referral, the individual or entity must:

-Not be a current CAKE client

-Not be in the sales process with CAKE (contacted by a sales agent in the last 30 days)

-Not be a current employee of CAKE

And, For CAKE Basic:

-Have processed a payment of $299

For CAKE Enterprise:

-Have signed a contract of 12 months (or greater)

III. Process

Referral Submission

You may introduce a potential referral for the Referral Program by submitting their information at http://getcake.com/referral-program prior to the referral’s entering the sales process with CAKE or signing a contract with CAKE.

You must complete a separate Referral Submission for each potential client.

Referral Submissions that are incomplete or that do not adhere to the procedures outlined in the Program Terms of Service will not be considered valid Referral Submissions and will not earn Fees to be processed. Please note all Referral Submissions are conditionally accepted and not fully confirmed until approved by CAKE.

By participating in the Referral Program, you hereby represent and warrant that you have obtained consent from the potential client to send such entity’s contact information to CAKE as part of a Referral Submission, and you believe in good faith that the potential client is interested in becoming a CAKE client.

In the event we receive more than one Referral Submission for a potential client, we will honor the submission we receive earliest.

Notwithstanding the above, CAKE shall retain at all times the right in its sole discretion to decide whether or not to pursue any potential client introduced by a Referrer.

We will process all information provided to us through the Referral Program in accordance with our Privacy Policy located at: https://getcake.com/privacy-policy and to the extent required by applicable law, you will inform the potential client of such privacy policy.

After you submit a complete Referral Submission, the Referrer or CAKE will contact the potential client confirming our receipt of the Referral Submission. The potential client will have the opportunity to inform us that (i) it is not looking to become a CAKE client and/or (ii) it has not given authorization to you in connection with the introduction. If the potential client informs us that it has not given authorization to you, you will not be eligible for the Fee even if such potential client otherwise becomes a Qualified Referral, and you may be subject to further action.

IV. Fees, Benefits, and Payment

Subject to these terms and conditions, CAKE will give the Referrer:

-A $50 gift card if the Qualified Referral’s payment of $299 is successfully processed for CAKE Basic

-A $50 gift card if the Qualified Referral signs a 12-month (or greater) contract for CAKE Enterprise where the annual contract value is less than $13,000

-A $250 gift card if the Qualified Referral signs a 12-month contract (or greater) for CAKE Enterprise where the annual contract value is equal to or greater than $13,000

All disputes regarding Fees or any other payment amounts must be communicated in writing by emailing info@getcake.com. You must communicate a dispute within five business days of receipt of the disputed payment, and failure to do so shall act as a waiver of any disputes related to the amounts described herein. CAKE reserves the right to withhold payment in the event of a bona fide dispute, as determined in CAKE’s sole discretion.

V. Disqualifications

A Referrer may be disqualified from the Referral Program for reasons including, but not limited to:

-Submitting false leads;

-Providing incorrect information;

-Misrepresenting that Referrer has consent from a potential client

-Referring a person or entity that is specifically excluded from being a Qualified Referral under the Program Terms of Service

-Participating in or having any involvement in criminal or fraudulent activities; or

-Failing to comply with or breaching the Program Terms of Service

A disqualified Referrer is not eligible to participate in the Referral Program and shall not be entitled to any Fees or other benefits hereunder, unless CAKE specifically revokes such disqualification in its sole discretion. All disqualifications are determined in CAKE’s sole discretion. In addition to being disqualified from the Referral Program, CAKE may seek all rights and remedies available in equity or at law.

VI. General Terms and Conditions

CAKE makes no warranties to referrer or any potential client, express or implied, and hereby specifically disclaims all implied warranties of merchantability, noninfringement, and fitness for a particular purpose, and all warranties arising out of usage of trade, course of dealing and course of performance.

You will indemnify and hold harmless CAKE from and against any claim, cause of action, demand, suit, proceeding, damages, liabilities, loss, or costs, including without limitations, reasonable attorney fees, made or brought against CAKE arising out of (i) your participation in the Referral Program, (ii) any breaches of your representations, warranties, or obligations hereunder, or (iii) the negligence or willful misconduct of you or your employees, representatives or agents. CAKE will notify Referrer of any claims as soon as reasonably practicable.

CAKE reserves the right to amend or update the Referral Program and the Program Terms of Service at any time without prior notice. Upon thirty days’ notice, or immediately upon notice in the case of an emergency, CAKE, at its option, can suspend or terminate the Referral Program and the Program Terms of Service, as determined in CAKE’s sole discretion.