By signing up for the Affiliate Partner Program (the "Partner Program"), you are agreeing to be bound by the following Managed Affiliate Agreement (the "Agreement"). The Agreement is between you, as Partner, and Dinlr ("Dinlr") (together, the "Parties", and each a "Party"). You can review the current version of the Agreement at any time at dinlr.com/us/affiliate-agreement. Dinlr reserves the right to update and change the Agreement by posting updates and changes here: dinlr.com/us/affiliate-agreement. If a significant change is made, we will provide reasonable notice by email, posting a notice on the in the Partner Dashboard. You are advised to check the Agreement from time to time for any updates or changes that may impact you. Any reference to the Agreement includes any and all terms and documents incorporated by reference.
You must read, agree with and accept all of the terms and conditions contained in this Agreement, Dinlr’s Privacy Policy, Dinlr’s Terms of Service, Dinlr's Merchant Agreement, and Dinlr's Partner Program Agreement before you may become a Affiliate Partner. For the purposes of the Affiliate Partner Program and this Agreement, all references to "Account" and "Services" in Dinlr’s Privacy Policy, Dinlr’s Terms of Service, and Dinlr's Merchant Agreement will be deemed to refer to "Partner Account" and "Services or Partner’s participation in the Partner Program", respectively. Some types of Dinlr Partner Program activities may require that you agree to additional terms ("Additional Terms"). Such Additional Terms are incorporated into this Agreement by reference. In the event of a conflict or inconsistency between this Agreement and the Additional Terms, the Additional Terms will govern, to the extent of such conflict or inconsistency.
Prohibited Activities
A Referred Merchant cannot be a business opened and/or owned by a Partner and for which that Partner seeks compensation pursuant to this Agreement. A Partner will be deemed to have introduced only those Referred Merchants that are added through a Development Restaurant within the Partner’s Dinlr Partner Dashboard.
Revenue Sharing Plans for Affiliate Partners
The “Bounty Plan” is a bonus plan that pays Partner a fixed, one-time payment (“Bounty”) when the Partner introduces Dinlr to a Referred Merchant using the Partner Affiliate Link. Unless otherwise agreed to in writing by Dinlr, under the Bounty Plan, when a Partner refers a Merchant to Dinlr: if the Referred Merchant is referred to any Dinlr plan, Partner will receive a fixed one-time Bounty of two hundred percent (200%) of one-month’s subscription revenue received from such Referred Merchant. Any Bounty payable to a Partner will be paid in two parts. The first half of the Bounty will be paid within 30 days after the Referred Merchant pays Dinlr their first monthly subscription fee. The second half of the bounty will be paid within 30 days of the end of the calendar month in which the first half of the Bounty was paid. Dinlr reserves the right to revise the revenue share amounts applicable to the Bounty Plan from time to time, at its sole discretion, upon reasonable prior notice to Partner. Such notice will be provided by email and/or in the Partner Dashboard
For each Referral Merchant, Partner will be entitled to receive Fees from the Bounty Plan. Where a Partner introduces Dinlr to a Referred Merchant through the Referral Partner’s Affiliate Link, the Partner will be entitled to receive Fees in accordance with the Bounty Plan. Whether the Partner receives Fees in respect of a Referred Merchant under the Bounty Plan is at Dinlr’s sole and absolute discretion.
Dinlr reserves the right to (i) demand and receive information from Referral Partners about any Referred Merchant, including but not limited to information with respect to traffic sources and methods used to acquire the Referred Merchant, and (ii) assess the legitimacy and qualification of such Referred Merchant for the purposes of determining whether a Fee is payable for such Referred Merchant. Dinlr shall not be responsible to pay any Fees for a Referred Merchant owned in whole or in part by a Referral Partner or Referral Partner’s employer (whether full-time, part-time, term or any other employment type relationship).
Fees and Payments
Fees due to Partner under the Bounty Plan will be calculated by Dinlr once per month upon receipt of payment from the Merchant for two consecutive months.
Dinlr distributes Fees owing to its Partners once per calendar month (each such period, a “Payment Period”). The Payment Period occurs during the second half of the month. Where the Fees owing to Partner are greater than USD $100 at the end of any Payment Period, the Fees will be paid to Partner. If the Fees owing to Partner are less than USD $100 at the end of any Payment Period, Dinlr shall be entitled to withhold payment of Fees until the end of the next Payment Period in which the balance of unpaid Fees owing to Partner from any previous Payment Period and Fees owing to Partner under the current Payment Period are USD $100 or more.
All payments are subject to fraud and risk analysis considerations and anti-money laundering procedures and may be withheld during the period of investigation.
Notwithstanding anything to the contrary in this Agreement, Dinlr shall not be responsible to pay any Fees:
- related to revenues that have been refunded to Merchants by Dinlr;
- for a Referred Merchant created or owned in whole or in part by a Partner;
- related to fraudulent sales;
- related to revenues that have been subject to chargebacks; or
- to Partners who are employed by Dinlr (whether full-time, part-time, term or any other employment-type relationship); or
- to Partners who are employed by the Merchant to whom the Fees relate (whether full-time, part-time, term or any other employment-type relationship).
If any Fees paid by Dinlr are subsequently discovered to be subject to one or more of the exclusions set out above, or to have been paid in error, Dinlr shall have the right, at its sole discretion, to: (A) reclaim any Fees paid to Partner in error; or (B) set off the amounts from payments due to Partner in future Payment Periods. If the Agreement is terminated before such amounts are fully repaid by Partner to Dinlr, Partner shall pay to Dinlr the remaining balance within thirty (30) days of the effective date of termination of the Agreement.
Dinlr reserves the right to modify the Fees and/or the payment terms at any time upon reasonable advance notice to Partner. Such notice will be provided by email and/or in the Partner Dashboard. In the event of any disputes over Fees, Dinlr’s determination will be final and binding.
Responsibilities
Partners will use their best efforts to (i) promote and market Dinlr, and (ii) identify for Dinlr prospective Referred Merchants.
