2022 Monthly SPIFF – Terms of Service

The Chargezoom Monthly SPIFF promotion is open to all Chargezoom partners and resellers. Some terms and conditions apply.

SPIFF Promotion

  1. Agent / Partner / Referrer must have a signed Referral or Reseller agreement (or working for a partner company) that is active and in good standing.
  2. Promotion is effective September 1, 2022 – December 31, 2022
  3. Chargezoom reserves the right to change, limit, or terminate this promotion with notification to participants 5 business days prior to the beginning of each month during which the Promotion is effective.
  4. Each Tier represents the minimum number of active merchants.
  5. A single $50 USD payout will be provided for every qualified merchant who completes a product demonstration with the Chargezoom sales team. To qualify, a merchant must meet all qualification metrics, as outlined below.
    1. Merchant must possess OR is in the final process of obtaining a Merchant ID (MID) that is capable of processing credit card and/or ACH transactions;
    2. Merchant must use QuickBooks, FreshBooks, or Xero as their accounting software package; and
    3. Merchant must use invoicing as a means of collecting payments.
  1. For Agent/Partner/Referrer to achieve an additional payout, merchants must have an active account on a Sync, Automate, or Enterprise Suite plan that is current and paid and not disabled for non-payment, have a gateway, processed a transaction, paid a subscription fee for a minimum of 30 days. 
  2. Deal Registrations from multiple agents cannot be combined to achieve a bonus.
  3. Payouts will be processed 15 days after month-end, for all amounts earned during such month, via check or ACH.
  4. Reward for Merchant accounts are cumulative per tier, not per Merchant / Account. ie. Amount shown is the entire SPIFF, not to be multiplied by total merchants.
  5. SPIFF award is based on highest qualified tier, tiers cannot be combined.

This Agreement will be governed by and construed in accordance with the laws of the State of California without reference to conflict of law provisions. Any action, proceeding, arbitration or mediation relating to or arising from this Agreement must be brought, held, or otherwise occur in Orange County, California. PLEASE READ THIS PROVISION CAREFULLY. IT PROVIDES THAT ANY DISPUTE MAY BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO A JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING. Any claim, dispute or controversy (“Claim”) by either you or us against the other, or against the employees, agents, parents, subsidiaries, affiliates, beneficiaries, agents or assigns of the other, arising from or relating in any way to this Agreement or to our relationship, including Claims regarding the applicability of this arbitration clause or the validity of the entire Agreement, shall be resolved exclusively and finally by binding arbitration administered by the American Arbitration Association, under its Commercial Arbitration Rules in effect at the time the Claim is filed, except as otherwise provided below. All Claims are subject to arbitration, no matter what theory they are based on or what remedy they seek. This includes Claims based on contract, tort (including intentional tort), fraud, agency, your or our negligence, statutory or regulatory provisions, or any other sources of law. Claims and remedies sought as part of a class action, private attorney general or other representative action are subject to arbitration on an individual (non-class, non-representative) basis, and the arbitrator may award relief only on an individual (non-class, non-representative) basis. The arbitration will be conducted before a single arbitrator and will be limited solely to the Claim between you and us. The arbitration, or any portion of it, will not be consolidated with any other arbitration and will not be conducted on a class-wide or class action basis. If either party prevails in the arbitration of any Claim against the other, the non-prevailing party will reimburse the prevailing party for any fees it paid to the American Arbitration Association in connection with the arbitration, as well as for any reasonable attorneys’ fees incurred by the prevailing party in connection with such arbitration. Any decision rendered in such arbitration proceedings will be final and binding on the parties, and judgment may be entered in a court of competent jurisdiction. Any arbitration hearing at which you appear will take within Orange County, California. This arbitration agreement applies to all Claims now in existence or that may arise in the future. Nothing in this Agreement shall be construed to prevent any party’s use of (or advancement of any Claims, defenses or offsets in) bankruptcy or repossession, replevin, judicial foreclosure or any other prejudgment or provisional remedy relating to any collateral, security or other property interests for contractual debts now or hereafter owed by either party to the other. IN THE ABSENCE OF THIS ARBITRATION AGREEMENT, YOU AND COMPANY MAY OTHERWISE HAVE HAD A RIGHT OR OPPORTUNITY TO LITIGATE CLAIMS THROUGH A COURT BEFORE A JUDGE OR A JURY, AND/OR TO PARTICIPATE OR BE REPRESENTED IN LITIGATION FILED IN COURT BY OTHERS (INCLUDING CLASS ACTIONS), BUT EXCEPT AS OTHERWISE PROVIDED ABOVE, THOSE RIGHTS, INCLUDING ANY RIGHT TO A JURY TRIAL, ARE WAIVED AND ALL CLAIMS MUST NOW BE RESOLVED THROUGH ARBITRATION.

General Terms

If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable for any reason, the remaining provisions not so declared shall nevertheless continue in full force and effect, but shall be construed in a manner so as to effectuate the intent of this Agreement as a whole, notwithstanding such stricken provision or provisions.  No provision of this Agreement shall be construed against any party merely because that party or counsel drafted or revised the provision in question.  All parties have been advised and have had an opportunity to consult with legal counsel of their choosing regarding the force and effect of the terms set forth herein.  This Agreement shall be deemed to be jointly prepared by the parties and therefore any ambiguity or uncertainty shall be interpreted accordingly.  No term or provision of this Agreement shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented.  Any consent by any party to, or waiver of, a breach by the other party, whether express or implied, shall not constitute a consent to, waiver of, or excuse for any different or subsequent breach.  You may not assign this Agreement without the written consent of Chargezoom.  Chargezoom may assign this Agreement in its sole discretion without the written consent of you.  The section headings contained in this Agreement are for convenient reference only, and shall not in any way affect the meaning or interpretation of this Agreement.  This Agreement, including all schedules, exhibits and attachments thereto, sets forth the entire agreement and understanding of the parties hereto in respect of the subject matter contained herein, and supersedes all prior agreements, promises, covenants, arrangements, communications, representations or warranties, whether oral or written, by any officer, partner, employee or representative of any party hereto. This Agreement shall be binding upon and shall inure only to the benefit of the parties hereto and their respective successors and assigns.  Nothing in this Agreement, express or implied, is intended to confer or shall be deemed to confer upon any persons or entities not parties to this Agreement, any rights or remedies under or by reason of this Agreement.  This Agreement shall be governed by and construed in accordance with the laws of the State of California (irrespective of its choice of law principles).