Referral and Associate Terms and Conditions

IN ADDITION TO THESE REFERRAL AND AMBASSADOR TERMS AND CONDITIONS (“REFERRAL TERMS”), THE CUEUP TERMS OF SERVICE, PRIVACY POLICY AND OTHER TERMS THAT APPLY TO USE OF THE CUEUP PLATFORM (COLLECTIVELY, “CUEUP TERMS”), APPLY TO PARTICIPATION IN ANY REFERRAL, AMBASSADOR, OR SIMILAR PROGRAM (COLLECTIVELY, THE “PROGRAMS”). PLEASE REVIEW THESE REFERRAL TERMS AND THE CUEUP TERMS BEFORE PARTICIPATING IN ANY PROGRAM. CAPITALIZED TERMS USED IN THESE REFERRAL TERMS AND NOT DEFINED HAVE THE MEANINGS GIVEN TO THEM IN THE CUEUP TERMS.

Overview

Cueup maintains referral, ambassador and similar Programs that allow Members to earn payments or coupons when they, or the people they refer, take certain actions - like make or receive their first booking. Many Programs have specific requirements, which, if not set out in these Referral Terms, are included on the relevant Program pages, Program dashboards, in communications related to the Program, in supplemental terms, or contracts specific to that Program (collectively, “Program Materials”). Programs reward participating Members with coupons (“Coupons”); loyalty, award or promotional credits (“Credits”); and/or cash payments (“Payments” and together with Coupons and Credits, “Rewards”). Please review the Program Materials for requirements, limitations and other rules that apply to a Program. Any rules that are not described in these Referral Terms are set out in the relevant Program Materials.

Program Rewards

The Reward for completion of a referral or other action, and any limits or restrictions, are set out in the applicable Program Materials.

Coupons. Coupons are provided in the form of a code and are redeemed by entering that code during checkout. Coupons can only be used on the Cueup Platform, are not redeemable for cash or gift cards, and cannot be combined with other offers, coupons, or discount codes. All Coupons are single use and any portion of a Coupon not used at checkout automatically expires. The expiration date and any other Program specific limitations that apply to Coupon Rewards are set out in the relevant Program Materials. Coupons have no cash value and cannot be transferred or exchanged for cash.

Credits. Credits are tracked automatically by Cueup in the Member’s account. The expiration date and any other Program specific limitations that apply to Credit Rewards are set out in the relevant Program Materials. Credits have no cash value and cannot be transferred or exchanged for cash. Unless otherwise specified in the relevant Program Materials, Cueup does not charge incremental fees for use or nonuse of Credits.

Cash. Payments of cash are made using the payment information provided by the participating Member. Payments are made in the currency selected by the Member, or according to the payout method selected if different.

Booking Referrals

We maintain a booking referral Program available at https://www.cueup.io/invite. Our booking referral Program rewards users when they refer a new user and that referred user completes their first qualifying booking. To qualify, the booking must cost no less than the amount specified in the applicable Program Materials. The minimum cost means the price of the booking before taxes and service fees. The referring user, the referred user, or both, may be eligible for a Reward depending upon the offer as stated in the Program Materials.

Marketing Activities

When participating Members engage in marketing in connection with a Program, they are considered the sender of any marketing communication they initiate and are responsible for their own compliance under applicable marketing and telecommunications laws. This means, among other things, that Members are responsible for following applicable law requirements, such as they must not send unsolicited commercial or marketing related messages and must respect unsubscribe and do not contact requests. Referral links may not be published or distributed on commercial websites (such as coupon websites, Reddit, or Wikipedia). Members are prohibited from paying to advertise their referral links. They must also disclose that they are paid based on successful referrals. For example: Associates must include in their marketing materials the following or similar language:

“As an Cueup Associate, I earn when you book on Cueup.”

Cueup may make available to Members who participate in a Program marketing collateral to be used at the Members’ discretion and solely as authorized by Cueup under that Program. Cueup is the sole owner of any marketing collateral we make available, Members’ use of collateral is subject to any branding guidelines or instructions we provide, and Members may not modify the collateral or remove any Cueup logos, branding, links or identifiers.

Warranties and Indemnities

You warrant that you have all necessary rights, permissions, licenses and consents to enter into these Referral Terms and participate in our Program(s). You will indemnify, and are responsible and liable for, and will defend Cueup (at Cueup’s option) and hold Cueup harmless from and against, any and all demands, disputes, claims, damages, liabilities, losses, expenses and costs (including reasonable fees and expenses of attorneys and other professionals) arising out of or resulting from your acts or omissions in relation to a Program, including your negligence, misconduct, violations of law, or any allegation or claim that your content or marketing materials violate or infringe the intellectual property or privacy rights of a third party.

Exclusion and Limitation of Liability

In no event will Cueup be liable for any special, incidental, punitive, exemplary or consequential damages of any kind even if we have been informed in advance of the possibility of such damages. In no event will Cueup’s aggregate liability to you in connection with any Program exceed the greater of $100USD and the aggregate Rewards due to you under the Program.

Interpretation of these Terms

Program participants are independent individuals or contractors and not employees, intermediaries or agents of Cueup. You have not at any time been and are not entitled to, and hereby irrevocably waive any right or claim to, the benefits provided by Cueup to its employees from time to time. You may not represent yourself as an employee, intermediary or agent or as being authorised to bind Cueup. If certain of these Referral Terms are found to be invalid it will not affect the validity of the remaining provisions, which will continue to apply. Any provision which is found to be invalid will be replaced with a provision that comes as close as possible to the purpose of the invalid provision.

Taxes

Members are solely responsible for all taxes payable on the payouts earned from the Program. Tax regulations may require us to collect and/or report appropriate tax information from Members that participate in our Programs, or to withhold taxes from payouts, or both. Members are solely responsible for keeping the information in their tax forms current, complete and accurate. You understand and agree that you are solely responsible for determining for your jurisdiction (i) the applicable tax reporting requirements (ii) the taxes that should be paid and (iii) any special self-registration requirements. You are also solely responsible for all taxes, including, but not limited to, income, sales and use, VAT, and GST, on the payouts earned from the Program. Cueup cannot and does not offer tax-related advice to you. Where applicable, or based upon request, we may request that you issue a valid VAT invoice to Cueup.

Program Administration; Term and Termination; Modification

Offers for Rewards under the Programs discussed in these Referral Terms are made for a limited time only and Cueup may modify, discontinue or suspend an offer, a Program, these, Referral Terms, Program Materials Program requirements or benefits, or your participation in any Program, at any time for any reason. Cueup will determine, in its sole discretion, whether the Program requirements have been satisfied and whether any Rewards are due. The rights and obligations of the parties under these Terms that by their nature should survive termination will survive any expiration or termination. Cueup reserves the right to any remedy, including disqualifying you from participation in a Program and/or non-payment of Rewards, if it suspects or determines, in its sole discretion, that you have committed fraud, tampering, or violated the Referral Terms or our Terms of Service.