1. In case you (“You”) are either
(i) a food & beverage supplier (“Supplier”) which has entered into a Master Services Agreement (“Agreement”) with Atlantic Food Waste Partners, LLC dba Choco (“Choco”), or
(ii) a restaurant or similar business enterprise which has an account with Choco and uses Choco to place orders with food & beverage suppliers (“Customer”),
and You refer a new food & beverage supplier to Choco, Choco will be pleased to pay You a referral fee, in each case subject to the terms and conditions which are set forth herein (“Referral Terms”).
2. If You refer a food & beverage supplier to Choco which at the time Your referral is received by Choco
(i) has not yet entered into its own Master Services Agreement with Choco and has never been approached by Choco with the intention to convince such supplier to enter into its own Master Services Agreement with Choco; and
(ii) such supplier has confirmed to you in writing that it is interested to be approached by Choco (see also Section 9 below); and
(iii) the assortment of such supplier and the size of its customer base fit Choco’s target criteria (which may change from time to time and is therefore remain subject to Choco’s discretion); and
(iii) such supplier subsequently enters into a new Master Services Agreement with Choco,
You will receive a one-time referral fee for each supplier that has successfully met each of the aforementioned conditions (“New Supplier”).
3. If You are a Supplier, Your referral fee for each New Supplier amounts to US$ 1,000. If You are a Customer, Your referral fee for each New Supplier amounts to US$ 500.
4. Any referrals must be submitted to Choco in writing and must contain all corporate details of the potential New Supplier, including the name, email address and phone number of a dedicated representative which has agreed to be contacted by Choco. It shall also be accompanied by a completed W-9 form which identifies the Supplier or Customer.
5. The referral fees in Section 3 are net amounts.
6. If you are a Supplier, payment of the referral fee in Section 3 shall be made by deducting the respective amounts from the fees that Choco charges You for the Services. The respective invoices shall provide all the information and details which may be required from an accounting and/or tax perspective.
7. If you are a Customer, payment of the referral fee in Section 3 shall be made via a gift voucher with a link generated by Tango Cards (“Voucher”). The Voucher will be sent as an email to the email address which is linked to Your admin account with Choco. Your admin will be able to redeem the Voucher according to Tango’s terms and conditions and the additional terms of the selected online shop(s). All such terms and conditions are between You, Tango and the respective provider of the online shop; Choco is not a party to, and has no liability under, such terms and conditions. The Voucher is provided on an as-is basis. Choco shall not be responsible for any defects or issues arising from the Voucher and disclaims liability for any injury or damage suffered by the users as a result of use or redemption of the Voucher. You shall ensure that Your admin may only redeem and use the Voucher in accordance with Your instructions and on Your behalf. If Your admin is unable or unwilling to accept or otherwise redeem a Voucher on the terms of Tango, the Voucher shall be forfeited and no cash or substitutes will be provided in whole or in part.
8. Each of the conditions which are set forth in the Referral Terms must be completed by You truthfully and in line with Your regular business operations. Choco retains the right to refrain from paying a referral fee if You or one of Your employees violates these Referral Terms or engages in fraudulent or unethical activity (such as splitting one order into multiple orders just to complete a condition).
9. Any personal data collected and submitted by You to Choco as part of a referral has been processed lawfully and your collection and submission of such personal data complies with all applicable privacy laws. You represent and warrant that you have informed the respective data subjects that their personal data will be processed by Choco for the purposes set forth in these Referral Terms and that the respective data subjects have fully approved and consented to such processing by Choco.
8. Choco may change, suspend or discontinue the referral program or any aspect of it, including these Referral Terms at any time without prior notice
9. These Referral Terms are governed by the laws of the State of New York.
10. By claiming a referral fee you agree that you have read, understood and accepted these Referral Terms and that the Referral Terms constitute a supplement to your contractual arrangement with Choco.