Refer a Friend Program Terms and Conditions
As a SumUp, Inc. (“SumUp” or “us”) merchant (“Merchant”), you are subject to SumUp’s Terms & Conditions (“Merchant Terms”) and Privacy Policy, as well as the following additional terms and conditions for SumUp’s Refer a Friend Program (“RAF Terms”). Unless otherwise defined herein, all capitalized terms have the same definition as in the Merchant Terms.
Qualified Referral. Merchants will receive a one-time payment of $20 for each Qualified Referral (“Referral Fee”). A Qualified Referral is defined as a new Merchant (a “Referred Merchant”) who (i) arrives at our website by clicking on the unique Refer-a-Friend program link that you can send via our App or website; (ii) purchases a SumUp Card Reader from our website; (iii) is approved for and establishes a SumUp Account in accordance with the Merchant Terms; (iv) engages in at least one Transaction in an amount equal to or greater than $1.00; and (v) does not return the SumUp Card Reader within 30 days of the Transaction. A Qualified Referral cannot be based on a Transaction that is canceled or disputed within 30 days of being made.
Limitations on Qualified Referrals. You and the Referred Merchant must both be a United States person or entity. The Referred Merchant must be new to SumUp; it cannot be an existing or former Merchant, regardless of whether another card reader is purchased for another business. Each Merchant is limited to one Qualified Referral for each Referred Merchant; in other words, additional/repeat purchases made by a Referred Merchant will not be counted as additional Qualified Referrals. Each Merchant can only obtain a maximum of 20 Qualified Referrals in a calendar month.
Payment. Upon the determination, made by us in our sole discretion, that a Qualified Referral has been made, the Referral Fee will be transferred to the bank account associated with your SumUp Account. Payment of the Referral Fee will be made between 30 and 60 days from the time a Referred Merchant establishes a SumUp Account and starts using a SumUp Card Reader.
Compliance with Legal Obligations. In connection with the SumUp Refer a FriendProgram, you agree to comply with all applicable laws and regulations, including, but not limited to the CAN SPAM Act. Any distribution of your unique referral link that could constitute unsolicited commercial email or "spam" under any applicable law or regulation, or that violates the terms governing any third-party website or other platform, is expressly prohibited and will be grounds for immediate termination of your Account and exclusion from the Refer a Friend Program.
Termination. SumUp reserves the right to suspend and/or close the Account of any Merchant or Referred Merchant, and to recover any Referral Fees paid by any means available, if the Merchant or Referred Merchant uses or attempts to use the SumUp Refer a Friend program in a suspicious, deceptive, fraudulent, or illegal manner or breaches the Merchant Terms or these Refer a Friend Terms & Conditions, as determined by us in our sole discretion.
Right to Cancel Program or Change Terms. SumUp reserves the right, in its sole discretion, to cancel the Refer a Friend Program or to change the RAF Terms (by posting such changes to our website) at any time. Your continued use of the Refer a Friend Program will constitute your acceptance of any changes to the RAF Terms.
Independent Contractor Relationship. You understand and agree that you use the Refer a Friend Program at your own risk and as an independent contractor. You are not authorized to make any marketing claims relating to SumUp as part of this program. Neither the Refer a Friend Program nor the RAF Terms will not be construed to create any employment relationship, agency relationship or partnership between you and SumUp or any of its parents, subsidiaries, or affiliates. You will have no authority to bind SumUp or enter into any agreement on its behalf, nor will you be considered to be an agent of SumUp or any of its parents, subsidiaries, or affiliates in any respect.
Indemnification and Limitation of Liability. By participating in the Refer a FriendProgram, you agree to indemnify and hold harmless SumUp and its parents, subsidiaries, and affiliates from and against any and all damages, costs, expenses, claims or liabilities of any kind, including third party claims, whether pending or threatened, including without limitation, reasonable attorneys’ fees and court costs, incurred by any of them arising out of or related to your participation in the Refer a Friend Program or breach of these RAF Terms. IN NO EVENT WILL SUMUP OR ITS PARENTS, SUBSIDIARIES, OR AFFILIATES BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA AS A RESULT OF CLAIMS, WHETHER BROUGHT IN CONTRACT OR TORT, ARISING OUT OF OR CONNECTED WITH THE REFER A FRIEND PROGRAM OR THESE RAF TERMS, EVEN IF SUMUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
General. These RAF Terms incorporate and are subject to sections 20 (Severability), 21 (Assignment), and 22 (Disputes and Governing Law) of the Merchant Terms.