FOOD FRIENDS Program Terms

Restaurant.com is offering the opportunity to earn cash when a Program Participant refers a User who makes a Qualifying Purchase from Restaurant.com ("the Food Friends Program"). Restaurant.com may modify or amend the Food Friends Program, rules, policies, and operating procedures at any time. Restaurant.com may modify, terminate or cancel the Food Friends Program or the Food Friends Program Terms at any time. Any modification to these Terms will be posted at [www.restaurant.com/foodfriends/terms] and will become effective immediately upon posting.

In addition to the Terms and Conditions and Privacy Policy stated at www.restaurant.com, as a Program Participant, the Program Participant agrees to the following:

Program Participant - Individual Registration Qualifications:
The Program Participant must (i) be at least 18 years old; (ii) follow the registration steps; (iii) agree to, and comply with these Terms and Conditions, as shown by checking the box at sign-up, and (iv) maintain or establish a Paypal account to receive Program Participant cash. Registering as a Food Friends Program Participant also registers you with a Restaurant.com account. By registering, you opt-in to receive emails and other communications from Restaurant.com. The Program Participant cannot participate in the Food Friends Program if the Program Participant provides any false or misleading information or if participation is prohibited under applicable law. Restaurant.com reserves the right to approve and disqualify a Program Participant from continued participation in our sole discretion. Upon termination, the Program Participant agrees to discontinue any use of Restaurant.com Promotional Materials, and Restaurant.com will not be obligated to pay any further cash to the Program Participant.

Qualifying Consumer Purchase and Program Participant Payment:
Restaurant.com will pay the Program Participant 15% of the Net Revenue of each Qualifying Consumer Purchase (including purchases by the Program Participant) made during the first year from the date of the first order for each referred Consumer. The Net Revenue means the total amount of funds received by Restaurant.com from the Order less any refunds, exchanges, returns or chargebacks and any costs associated therewith.

An order shall be considered a Qualifying Consumer Purchase if (1) the User clicks on a link from the Program Participant and is directed to the Restaurant.com Site; (2) the User purchases a Promotion Certificate using the ordering system on the Restaurant.com Site, and does so without deleting the cookies on the user's computer; (3) the User had not previously purchased or registered with Restaurant.com; and (4) the Program Participant continues to comply with the Terms of the Food Friends Program. All subsequent purchases by that User (under the same email address) during the twelve months following the initial Qualifying Purchase shall be considered a Qualifying Consumer Purchase. The Food Friends Program does not apply to prior purchases of Promotional Certificates and cannot be used in conjunction with the redemption of Gift Cards, eGift Cards or Dinner of the Month purchases.

Qualifying Restaurant Referral and Program Participant Payment: A referral for a restaurant for the Restaurant.com program shall be considered a Qualifying Restaurant Referral where (1) the restaurant provides complete information required by Restaurant.com; (2) the restaurant provides the Program Participant Code when contacting Restaurant.com; (3) the restaurant joins the Restaurant.com program within six months of the initial contact; (4) the restaurant had not previously joined or was not already identified as a potential lead for Restaurant.com; and (5) the Program Participant continues to comply with the Terms of this Agreement. Restaurant.com reserves the right, in its sole discretion, to not accept any restaurant referral.

Restaurant.com will pay the Program Participant 5% of the Net Revenue of certificate sales for the Qualifying Restaurant Referral during the initial twelve months after the restaurant joins the program.

Anyone associated or affiliated with a restaurant cannot refer that restaurant as a Qualifying Restaurant Referral for which a Program Participant Fee will be paid.

Qualifying Business Referral and Program Participant Payment: A referral for a business for Restaurant.com's Incentive & Loyalty Solutions division shall be considered a Qualifying Business Referral where (1) the business provides complete information as required by Restaurant.com; (2) the business provides the Program Participant Code when contacting Restaurant.com; (3) the business purchases through the Incentive & Loyalty Solutions division within six months of the initial contact; (4) the business had not previously purchased or was not already identified as a potential lead for Restaurant.com; (5) the business uses the Restaurant.com program as an appropriate incentive or loyalty program; and (6) the Program Participant continues to comply with the Terms of this Agreement. Restaurant.com reserves the right, in its sole discretion, to not accept any business referral.

Restaurant.com will pay the Program Participant 10% of the Net Revenue of each purchase made by a Qualifying Business Referral during the initial twelve months after the first purchase by the Referral.

Anyone associated or affiliated with a business cannot refer that business as a Qualifying Business Referral for which a Program Participant Fee will be paid.

Payment of Program Participant Cash
Restaurant.com will pay Program Participant Cash to the Program Participant's PayPal account. The Program Participant Cash will be paid on a quarterly basis, sixty (60) days after the quarter for the prior quarter's sales. If the Program Participant has not provided their PayPal account information to Restaurant.com by the payment date, the Program Participant forfeits their right to receive the payment, and Restaurant.com will not pay the Program Participant any Cash that may be due for that quarter.

Restaurant.com's records will be the determinative evidence of the Qualifying Consumer Purchases, Restaurant Referrals and Business Referrals, and the corresponding Program Participant Payments. Restaurant.com reserves the right to continually withhold payments until the Program Participant cash payments are at least $15.00. In addition to Referral cash, Restaurant.com may provide non-monetary awards at its discretion.

Program Participant Activities and Responsibilities:
Once the Program Participant registers and is approved as a Program Participant, the Program Participant will receive information and instructions on sharing the Program Participant's Link with customers, and the Program Participant's Code with restaurants and businesses. In promoting Restaurant.com, the Program Participant agrees to act in accordance with all applicable laws and regulations governing the advertising and privacy, including CAN-SPAM, and the terms and conditions of the Food Friends Program.

Restaurant.com retains exclusive ownership in its intellectual property or Promotional Material, and the Program Participant acquires no interest or rights thereto (except as stated in the Food Friends Program Terms).

Restaurant.com provides Approved Program Participant a revocable and limited license to use our intellectual property and Promotional Materials (e.g. links, ad banners, graphics, logos, etc.) exactly as supplied by Restaurant.com via the Curebit interface for purposes of promoting Restaurant.com under the Food Friends Program. The Program Participant agrees to promptly update its use to the most current version of the Promotional Materials.

The Program Participant agrees not to (1) Send, utilize or store infringing, obscene, threatening, harassing, libelous, or otherwise unlawful or tortuous material, including material harmful to children or in violation of third party privacy rights; (2) Send, utilize or store material containing malicious code, including, without limitation, software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; or (3) Offer any discounts, rebates or premiums that would change the offer or prices of Restaurant.com's Services as designated by Restaurant.com.

The promotion of Restaurant.com and the use of these Promotional Materials may only be used within approved marketing channels and not within search engines, pay per click campaigns, text (SMS) advertising, or in any other manner that may pull internet traffic away from www.restaurant.com. Specific guidance on the promotion of the Restaurant.com program is available through the Curebit interface.

Search Engine Marketing Policy. Advertising by Program Participants, whether offline or online advertising, may not utilize or bid on keywords incorporating "Restaurant.com” or any of its branded terms or any variations thereof, including misspellings, abbreviations, and/or the merging of the restricted trade name with other terms, words or phrases. Restricted trade names or other branded terms of Restaurant.com include, but are not limited to:

Restaurant.com
restaurant com
Eat.Drink. Save Money
www.restaurant.com
Food Friends
http://restaurant.com
Best Deal. Every Meal
Incentive & Loyalty Solutions

 

Program Participants are required to use the forbidden terms as negative keywords. Failure to add forbidden terms as negative keywords is a violation of the terms of the Program.

Program Participants are not allowed to use any outside technology to access, craw, acquire, copy, "deep-link," "inline-link" or "page-scrape." This includes the use of "robots," "spiders" or other automated devices, programs, algorithms, methodologies, or otherwise monitors any portion of the Restaurant.com website. Program Participants may not pull internet traffic away from Restaurant.com.

Search Engine Links. Program Participants utilizing search engine marketing and/or pay per click campaigns are not authorized to link directly to the Restaurant.com website through search engines. This includes, but is not limited to, PPC keyword or text ad destination URL's. Links within search engines must direct visitors to the Program Participant's website, without redirects, and not to Restaurant.com. Program Participants are only allowed to link and promote their own website/brand through search engines, not Restaurant.com.

Monitoring of Promotional Activities. Restaurant.com has the right to monitor a Program Participant's marketing activities at any time to ensure that the terms of the Food Friends Program are being followed.

Additional Terms:
Restaurant.com reserves the right to exclude any product, service, restaurant or merchant from the Food Friends Program. Restaurant.com also reserves the right to exclude any promotion, offer or discount from the Food Friends Program. Consumers, restaurants or businesses who contact or purchase from Restaurant.com shall be deemed Restaurant.com customers or marketing partners. Accordingly, Restaurant.com's rules, policies and operating procedures concerning orders, customer service, privacy, and Services sales will apply to them.

The Program Participant and Restaurant.com are independent contractors, and nothing in this Agreement shall create any partnership, joint venture, agency or employment relationship between the Parties.