DispoPay Terms of Service
This agreement presents the complete terms that apply to becoming a DispoPay affiliate. This agreement is to create the underlying rules and conditions of accepting credit & debit cards using DispoPay. Note that “we”, “us”, and “our” refers to DispoPay and “you”, “your”, “yours” refers to the affiliate (hereby referred to as Dispo) using our payment solution service.
II. Dispo Obligations
To begin accepting electronic payments, you must first register a Dispo account at https://www.dispopay.com/. Just because you successfully create an account, does not ensure you can use our service. We reserve the right to terminate your account with 2-week written notice given to you at our discretion. We can terminate your account if the following red-flags appear on your account:
2.1.1 – Promotes anti-cannabis ideas
2.1.2 – Promotes sexually explicit content or violence
2.1.3 – Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
2.1.4 – Promotes illicit activities
2.1.5 – Incorporates any copyright infringement or infringement assistance on any copyright, trademark, or any other intellectual property.
2.1.6 – Including “DispoPay” and all variations and misspellings.
2.1.7 – Is in anyway illegal, harmful, threatening, defamatory, obscure, harassing, or racially, ethnically, or otherwise objectionable to us at our discretion.
2.1.8 – Use of software that could enable diversions of commission from other Dispos in our program.
2.1.9 – You may not create your website(s) to, explicitly or implied, in a manner that leads any consumer that you are us or are affiliated with us.
2.2 – As a member of the DispoPay Dispo program, you will have access to your account manager. Here you can review our program’s details and previously-published newsletters, use your payment terminal to accept electronic payments and create banners for your store(s). In order for us to know when guests use DispoPay, you must use your terminal link.
2.3 – DispoPay reserves the right, at any time, to approve the use of our terminal link and require the placement or use to comply with these terms.
2.4 – The maintenance and updating of the payment terminal will be done by us. We may monitor your link as necessary to ensure up-to-date technology and inform you of any changes made.
2.5 – It is your responsibility to follow all applicable intellectual property and other laws that pertain to your payment terminal. You need permission to use any intellectual property. We are NOT responsible for you using another person’s copyrighted material or any other intellectual property in violation of the law, you will be held accountable for your actions.
III. DispoPay, Inc. Rights and Obligations
3.1 – We reserve the right to monitor your payment terminal at any time to ensure you are following these terms of service. We may notify you of any changes that will be made to your payment terminal.
3.2 – DispoPay, Inc reserves the right to terminate this Agreement and your participation in DispoPay should you abuse the system in any way. If fraud or abuse is detected, DispoPay, Inc. is not liable for you or any fraudulent or abusive transactions.
3.3 – This Agreement will begin upon our acceptance of your application, and will continue unless terminated hereunder.
Either you or we may end this Agreement at any time, with or without cause, by giving the other party 2-week written notice. Written notice can be mailed, e-mailed, or faxed. Additionally, this Agreement will terminate upon breach of Agreement by you.
We may modify this Agreement at any time, at our discretion. You will be notified of this via mail and e-mail. Modifications may include, but are not limited to: changes in payment procedures and DispoPay rules and regulations. If any changes are deemed unacceptable by you, your only option is to terminate this Agreement. Your continued participation in DispoPay, Inc following any changes posted or new Agreement, will indicate your agreement to any and all changes made.
DispoPay, Inc pays either directly to your bank account, to a NetSpend® payment card with a cap of $250,000 checking and $250,000 savings, PayPal, ACH, Stripe, BitCoin, or even cash, if preferred. Payment is on a weekly basis. Your desired payment method will be chosen upon registration at DispoPay.
VII. Access to Dispo Information
Your login will bring you to you dashboard, which shows your referrals, transactions, and earnings (hereby referred to as Dashboard). Dashboard is available to you when logging into a device that isn’t your payment terminal.
VIII. Promotion Restrictions
8.1 – You are free to promote that you accept DispoCoinsTM in your location as to inform consumers that you accept electronic payments in your location. You should know that certain forms of advertisements are strictly prohibited by DispoPay, Inc. For example, “spamming” is an unacceptable form of advertisement, as it will damage DispoPay’s image. Other forms of prohibited advertising include the use of unsolicited commercial email (UCE), postings to non-commercial newsgroups and cross-posting to multiple newsgroups at once. You may not advertise in a way that effectively conceals your identity, misrepresents your identity, your location name, or your return email address. You may use mailing to consumers to promote DispoPay, so long as the recipient is already a customer or subscriber of your service or website and have the ability to discontinue viewing your advertisements. You are permitted to posting in commercial newsgroups to promote DispoPay. You must clearly represent yourself as independent from DispoPay at all times. If it occurs to us that you are spamming, we will use that as liable reason to terminate your Agreement and participation in DispoPay. Any remaining balance in your account will not be paid to you if your account is violation of these terms.
8.2 – Dispos cannot work on a Pay-Per-Click campaign. Any attempt at creating a PPC for a Dispo will result in immediate termination of this Agreement.
8.3 – Dispos are not prohibited from keying in information into their payment terminal as long as the consumer’s information is real and truthful. These purchases are the only form of valid purchase.
IX. Grant of Licenses
9.1 – We grant you a non-exclusive, non-transferable, revocable right to (i) access our service through your payment terminal solely in accordance with the terms of this Agreement and (ii) solely in connection with your payment terminal, use of our logos, trade names, trademarks, and similar identifying material. (collectively “Dispo Materials”) that we provided to you or authorize for such purpose. You are only allowed to use Dispo Materials to the extent that you are a member in good standing of DispoPay. You agree that use of all Dispo Materials will be on behalf of DispoPay and the good associated with the materials will solely benefit DispoPay.
9.2 – Each party agrees not to use the other’s proprietary in any manner disparaging, misleading, obscene or that otherwise portrays either party in a negative light. Each party reserves all respective rights in the proprietary materials covered by this license. Other than the license granted in this Agreement, each party retains all right, title, and interest to it’s respective rights and no right, title, or interest is transferred to the other.
DISPOPAY, INC MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING DISPOPAY SERVICE AND WEBSITE OR THE PRODUCT AND SERVICE PROVIDED THEREIN, AND IMPLIED WARRANTIES OF DIPSOPAY’S ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SERVICE WILL BE UNINTERPRETED OR ERROR FREE, AND WE WILL NOT BE HELD ACCOUNTABLE FOR THE CONSEQUENCES OF ANY INTERPRETATIONS OR ERRORS.
XI. Representation and Warrants
You represent and warrant that:
11.1 – This Agreement has been properly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms.
11.2 – You have the full right, power, and authority to enter into and be bound by this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party.
11.3 – You have the sufficient right, title, and interest in and to the rights granted to us in this Agreement.
XII. Limitations of Liability
WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL DISPOPAY’S CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT.
You hereby agree to indemnify and hold harmless DispoPay, as well as its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgements, settlements, costs, and expenses (including reasonable attorneys’ fees)(any or all of the foregoing hereinafter referred to as “Losses”) insofar such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that uses our Dispo’s trademarks infringes upon any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of a third party , (ii) any misrepresentation of a representation or warranty or breach of covenant or agreement made by you herein, or (iii) any claim related to your Dispo, including, without limitation, consent therein not attributed to us.
All confidential information including, but not limited to, any business, technical, financial, and customer information, disclosed by one party or the other during negotiation or the effective term of this Agreement, is marked “Top Secret” will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose any information from the other party without the disclosing party’s permission.
15.1 – You agree that you are the owner of the establishment DispoPay will be used in, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and DispoPay. You have no authority to make or accept offers on behalf of DispoPay. You will not make any statement, whether in your Dispo or on your website or otherwise, that would contradict anything in this Section.
15.2 – Neither party may assign its rights or obligations under this Agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party.
15.3 – The Agreement shall be governed and interpreted in accordance with the laws of the State of Colorado without regard to the conflicts of laws and principles thereof.
15.4 – You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.
15.5 – This Agreement represents all agreement between us and you and supersedes all previous agreements, oral and written.
If you have any question regarding these Terms, please e-mail us at firstname.lastname@example.org.
Have a great day!