The Puter Incentive Program (the “Program”) is an invite-only bonus program that lets you (referred to herein as you, your, and/or Participant) earn money on your App(s). As an invitee, you have been invited to share the App(s) you have created on the Puter Platform to earn Bonuses (defined below).
To earn and receive Bonuses, you will be required to comply with these Puter Incentive Program Terms (“Incentive Terms”), which govern your participation in the Program. You are also subject to Puter’s Terms of Service and the App Developer Agreement (the Incentive Terms, Terms of Service and App Developer Agreement together, the “Terms”). In the event of a conflict between these Incentive Terms, the Terms of Service, and the App Developer Agreement, the provisions of these Incentive Terms shall apply. Any capitalized terms used and not otherwise defined in these Incentive Terms shall have the meaning given to them in the Terms of Service.
By participating in the Program (including by accessing any Program feature or by accepting payment from Puter in connection with the Program), you agree that (i) you have read and understand the Terms; and (ii) you agree to the Terms.
To be eligible to earn Bonuses under the Program, your App(s) must:
You may only receive Bonuses for activity on your App(s):
Your acceptance of these Terms does not guarantee your access to the Program or to any payment pursuant to the Program. We reserve the right to provide or restrict your access to the Program (and any payments made pursuant to the Program), or to terminate the Program, in our sole discretion at any time and for any reason.
By accepting these Terms and participating in the Program, you may be able to earn a Bonus:
The metrics as displayed in the Participant Dashboard do not necessarily correlate to the amount of Bonus you may receive. Puter has sole discretion to determine if, how, and in what manner the metrics will affect the amount of Bonus you shall receive. The Bonuses received by each Participant will vary and may not remain constant or predictable despite consistent or increasing metrics.
There are no representations, warranties or guarantees, express or implied, about whether you will receive payment pursuant to the Program or how much payment you may receive. Payment made pursuant to the Program does not reflect or guarantee your entitlement to any future payment.
You will not, and will not authorize or encourage any third party to, directly or indirectly, generate users, conversions or other actions with respect to any App(s) through any automated, deceptive, fraudulent or otherwise invalid means, including through repeated manual clicks, the use of “robots” or other automated tools, or by payment of money, false representation, or any illegal or otherwise invalid means for end-users to take actions with respect to those App(s). To the extent you are entitled to payment based on any metric, you warrant that those metrics did not result from any automated, deceptive, fraudulent or otherwise invalid means.
The Participant will at all times, in all respects comply with the Terms. Failure to comply with any of the Terms shall be grounds for immediate suspension or termination of the Participant from the Program.
Puter may at any time, in its sole discretion and without any liability whatsoever to you: (i) modify or update the Terms and will make such modified or updated Terms available in writing; (ii) revoke the Participant’s Permanent Account; and/or (iii) terminate the Participant’s participation in the Program in its entirety.
The Participant warrants that (a) the Participant will use all information provided by Puter in a manner that complies with applicable law; and (b) Participant will conduct all activities in furtherance of these Terms in accordance with applicable law.
Puter may terminate, suspend, or restrict the Program at any time, in its sole discretion, with or without cause and without prior notice to the Participant. Upon termination of the Program, all rights and obligations of the parties set out in the Incentive Terms will cease, except for those obligations which by their nature are intended to survive termination including but not limited to Article 4 and Article 8. The Terms of Service and App Developer Agreement will continue to apply to the Participant’s use of the Platform as a User or Developer as applicable.
Participant will defend, indemnify and hold harmless Puter, its affiliates, directors, officers and employees against all liabilities, damages, losses, costs, fees (including legal fees), and expenses relating to any allegation or third-party legal proceeding to the extent arising out of: (a) Participant’s participation in the Program; and (b) Participant’s breach of any representation, warranty, or covenant in the Terms.
By participating in this Program, you agree not to disclose any Puter Confidential Information without our prior written consent. "Puter Confidential Information" includes: (a) all Puter software, technology and documentation relating to the Platform and Services; (b) other statistics relating to your App(s) performance as pertaining to the Services; (c) the existence of information about, or the terms of, any non-public beta or experimental features in a Service; and (d) any other information made available by Puter that is marked confidential or would normally be considered confidential under the circumstances in which it is presented. Puter Confidential Information does not include information that you already knew prior to your use of the Services, that becomes public through no fault of yours, that was independently developed by you, or that was lawfully given to you by a third party. Notwithstanding this Article 9, you may accurately disclose the Bonus you have received as a result of your participation in this Program.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PUTER AND ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS ADVERTISERS, SUPPLIERS, APP(S) PROVIDERS, AND LICENSORS (THE “PUTER PARTIES”) WILL IN NO EVENT WHATSOEVER BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST SAVINGS, LOST REVENUES, LOST GOODWILL, OR LOST OPPORTUNITY ARISING FROM THIS PROGRAM (THE “EXCLUDED DAMAGES”). THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHER THEORY OF LIABILITY AND EVEN IF ANY OF THE PUTER PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. YOU HEREBY WAIVE, RELEASE, AND FOREVER DISCHARGE THE PUTER PARTIES FROM AND AGAINST ALL OF THE EXCLUDED DAMAGES. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE PUTER PARTIES' LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.
WITH RESPECT TO THIS PROGRAM, IN NO EVENT WILL PUTER PARTIES’ TOTAL, AGGREGATE LIABILITY EXCEED CAD$100.00
These Incentive Terms shall be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein (excluding any conflict of laws rule or principle that might refer such construction to the laws of another jurisdiction) and shall be treated, in all respects, as a British Columbia contract.