Lavu Referral Program: Terms and Conditions

November 1, 2023

Program

Lavu offers a Referral Program (the “Program”) to allow our friends to benefit from connecting us with new customers. By submitting a referral or otherwise participating in the Program, you agree to be bound by these terms and conditions below, Lavu Terms of Service, and Lavu’s Privacy Policy (collectively, the “Terms”).

Eligibility

The following organizations and individuals are not eligible to participate in the Program:

• Lavu’s integration and strategic partners with existing referral programs, and authorized Lavu resellers and channel partners, including their employees, such employees’ immediate  family and household members;
• Individuals who are not residents of Canada or U.S.; or
• Individuals who are under 18 years of age.

Qualified Referrals

Subject to the Terms, a referral is a “Qualified Referral”, which may entitle you to receive the Referral Reward provided below, if the referred customer is: 

1. Not an existing lead or contact in Lavu’s system or is affiliated with an existing Restaurant Group in Lavu’s system (Lavu reserves the right in its sole discretion to determine the original lead source
2. A food service venue located in Canada or the United States; 
3. Submitted through Lavu’s referral page (A referral submitted through any other channels will not be considered as a Qualified Referral); and 
4. Has entered into Lavu Service Agreement for point of sale and payment processing services, completed onboarding, and has been live and processing at least 100 payment transactions with Lavu;
5. Exceptions may be made in Lavu’s sole discretion)

Referrals Reward

Subject to the Terms, including the Referrer Conduct requirements set forth below, for each Qualified Referral, you may be eligible to receive a reward (the “Referral Reward”).

You must create an account in PartnerStack and connect your bank or PayPal account in order to receive payment of any Referral Reward. Lavu will determine, in its sole discretion, whether a referral is eligible for a Referral Reward. 

Payout Schedule

The referral payout schedule can be found https://go.lavu.com/en-us/refer-and-earn and is subject to change at the sole discretion of Lavu. 

Referrer Conduct

You acknowledge that nothing in these Terms shall be deemed to constitute a partnership, association, or joint venture between you and Lavu, nor shall either party be deemed to constitute an agent of the other party for any purpose whatsoever. 

In participating this Program, you shall:

• Make no representations that you are an agent or otherwise affiliated with Lavu;
• Comply with all laws, regulations, and standards applicable to it including those dealing with privacy and personal information, electronic messages, and any regulated industry; and
• Take no action that may damage the goodwill, name and reputation of Lavu, its affiliates, shareholders, management or employees. 

Termination and Changes

Lavu may suspend, revoke or modify the Program at any time for any reason, in its sole discretion, without prior notice. The offer is non-transferrable. The Terms may be changed without notice and at the sole discretion of Lavu. This Program cannot be combined with any other promotional or referral offer.

Program Administration

Referrals are subject to verification and will be declared invalid if they are illegible, unintelligible, falsified, altered or tampered with or unlawful in any way. Lavu reserves the right to any remedy,, which includes suspending, disqualifying, limiting, or revoking access to the Program for any individual Lavu suspects or determines, in its sole discretion, to be manipulating or otherwise abusing the process, fairness or integrity of the Program. Referral Rewards paid through fraudulent activities or activities which violate the Terms will be null and void and repayment may be required by Lavu.

In the event that Lavu withdraws its consent to your participation in the Program by providing a notice (the “Notice”) to you, you agree that, upon receiving the Notice, you will immediately cease using all Program referral links granted to you, and remove such links from all your websites, social media accounts or in all other materials and documentation generated by you in connection with this Program.

Unless otherwise stated, the Terms shall take precedence over any other materials promoting the Program. All interpretations of these Terms will be at Lavu’s sole discretion and Lavu’s decisions will be final.

Governing Law

These Terms and the Program shall be governed by the laws of the State of New Mexico applicable therein.

Dispute Resolution

In the event that a dispute arises, referer agrees to contact Lavu to first attempt to resolve the dispute. Either party may request arbitration if a dispute cannot be resolved within 60 days after presenting the dispute to the other party. All disputes that cannot be resolved informally (excluding claims for injunctive or other equitable relief as set forth below) shall be resolved by binding arbitration on an individual basis. The arbitration shall be initiated through the American Arbitration Association and conducted in accordance with the then current and applicable rules of the American Arbitration Association as modified by this Agreement. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than two thousand U.S. Dollars (US $2,000.00) may be resolved through binding non-appearance based arbitration, at the option of the party seeking relief. The arbitration hearing will be held in Bernalillo County, New Mexico unless the parties jointly agree otherwise and shall be subject to New Mexico law consistent with the Federal Arbitration Act. Any arbitration shall be confidential, and neither the Parties nor the arbitrator may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement or appeal of the arbitration award. If any portion of this section is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the American Arbitration Association. Notwithstanding the foregoing, Lavu may seek injunctive or other equitable relief to protect its confidential information and intellectual property rights in any court of competent jurisdiction.

ALL DISPUTES MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND

NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, INSTEAD ELECTING THAT ALL CLAIMS AND DISPUTES SHALL BE RESOLVED BY ARBITRATION UNDER THIS SECTION. ARBITRATION PROCEDURES ARE TYPICALLY MORE LIMITED, MORE EFFICIENT AND LESS COSTLY THAN RULES APPLICABLE IN A COURT AND ARE SUBJECT TO VERY LIMITED REVIEW BY A COURT. THE PARTIES HEREBY AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF THE COURTS LOCATED WITHIN BERNALILLO COUNTY, NEW MEXICO,