Last Updated: November 2, 2022
Mad Mobile, Inc. (“we,” “us” the “Company”) offers eligible persons the opportunity to earn rewards by recommending customers for Cake branded point of sale (“POS”) or Guest Manager (“GM”) software services. The Cake Customer Referral Program (the “Referral Program”) pays rewards in the amount of $700 for each referred POS customer and $100 for each referred GM customer (the “Referral Award”). By participating in the Referral Program, you agree to these terms.
The Referral Program is open to any sentient person (other than employees of the Company) that is capable of accessing and filling out the lead form at https://resources.madmobile.com/refer and is at least 18 years old (a “Referrer” or You”). No previous purchase or customer contract is required to be eligible as a Referrer. Referrers may not participate in the Referral Program where doing so would be prohibited by any applicable law.
To qualify for a Referral Award, the referred customer must (a) sign up for a POS or GM services account and “go live” within 3 months of receipt by Cake of the lead form information, (b) not be an Affiliate of an existing Cake customer and (c) not have initiated (directly or indirectly) the account registration process with the Company prior to and independent of the introduction to the Company via the lead form. In the event more than one person introduces the same customer to the Company then the Referral Reward will be payable to the person who submitted the referral first-in-time. “Affiliate” means a referred person that is a franchisee, parent or subsidiary company, or additional merchant location of an existing Company customer (and where Referrer is an owner of or controls such customer).
How It Works
To participate, fill out the lead form at https://resources.madmobile.com/refer.
If the referred customer registers for and uses a paid Cake branded point-of-sale or Guest Manager services account in a live restaurant environment for a period of 2 continuous months (the “Qualifying Period”), the Referral Award will be paid to the Referrer in the month that follows the completion of the Qualifying Period. Payment shall be sent to the contact address provided by the Referrer.
If Referrer is an employee of the referred customer, then the Referral Reward takes the form of a discount on the prevailing Activation Fee for the applicable service applied to the account of the referred customer.
A Referrer who qualifies for a Referral Award must provide the Company with a W9 Form by emailing it to email@example.com. Delays in payment as a result of failure to submit a W9 are not the responsibility of the Company. You are responsible for any and all tax reporting and tax liability related to any Referral Awards received.
Qualification of Rewards
Referral Awards are not increased or in any way calculated based on the quantity of subscription accounts, services or merchant locations which the referred customer signs up for. For example, if a referred customer signs up for more than one POS account the amount of the Referral Award is not increased. Further, additional Referral Awards are not awarded if a referred customer’s parent or subsidiary companies or franchisees subsequently sign up for a Cake account or if a referred customer becomes a Referrer.
The Company reserves the right to disqualify anyone, void, cancel or recover Referral Awards, and contact legal authorities (including law enforcement) if it discovers any person is attempting to tamper with the referral process or the operation of the Referral Program or violating these Terms or undermining the fairness, integrity or legitimate operation of the Referral Program in any way.
As between you and us, all Company decisions with respect to the Referral Program are final and binding, except where prohibited, including decisions as to whether a Referral Award is valid, when and if to terminate the Referral Program, and whether, if at all, to change the program. Any changes to the program will be communicated by update of these terms or other reasonable communication and shall become effective as of the date such communication.
Except where prohibited, by participating in the Program, you agree: (1) to be bound by the decisions of the Company with respect to the Referral Program; (2) to release and hold harmless the Company together with its respective employees, directors, officers, licensees, licensors, shareholders, attorneys and agents and any person or entity associated with the production, operation or administration of the Referral Program (collectively, the “Released Parties”), from any and all claims, demands, damages, losses, liabilities, costs or expenses (including legal fees) caused by, arising out of, in connection with, or related to your participation in the Program (including, without limitation, any property loss, damage, personal injury or death caused to any person(s) and/or the awarding, receipt and/or use or misuse of the Referral Program or any Referral Award); and (3) to be contacted by the Company via e-mail.
Except where prohibited by law, the Released Parties shall not be liable for: (i) late, lost, delayed, stolen, misdirected, incomplete unreadable, inaccurate, garbled or unintelligible submissions or communications via the lead form or otherwise, regardless of the method of transmission; (ii) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iv) any injuries, losses or damages of any kind resulting from acceptance, possession or use of a Referral Award, or from participation in the Referral Program; or (v) any printing, typographical, administrative or technological errors in any websites or materials associated with the Referral Program.
As a condition of entering the Referral Program, and unless prohibited by law, you agree that under no circumstances will you or any other Referrer be entitled to any awards for any losses or damages, and Referrers hereby waive all rights to claim punitive, incidental, consequential and any other damages, and waives any and all rights to have damages multiplied or otherwise increased. A waiver of rights may not apply to you in your jurisdiction of residence. Additional rights may be available to you.
Except where prohibited, disputes, claims and causes of action arising out of or related to this Referral Program or any award shall be resolved under the laws of the United States, and except where prohibited, Florida law (without reference to its conflicts of laws principles), and you agree to submit any dispute to the exclusive jurisdiction of the state and federal courts located in Hillsborough County, Florida.
These terms constitute the entire agreement between you and the Company concerning your use of the Referral Program and supersedes all agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. The express terms hereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof. Referrers may not disclose the terms, conditions or existence of any non-public aspect of the Referral Program to any third party, except to its professional advisors under a strict duty of confidentiality or as necessary to comply with law. The failure of the Company to exercise or enforce any right or provision of these terms shall not constitute a waiver of such right or provision. If any provision of these terms is found by a court of competent jurisdiction to be invalid, the Company and Referrers nevertheless agree that the court should endeavor to give effect to the intentions reflected in the provision, and that the other provisions of these terms shall remain in full force and effect. We reserve the right to modify or amend at any time these terms and the Referral Program, including the methods through which Referral Awards are earned.