Last updated 11/10/2022
Raydiant Partnership
Thank you for your interest in our Raydiant Partnership (the “Partnership”). These Partnership Terms (the “Partnership Terms”) create a binding agreement between you and Restoke. (“Restoke”, “us”, “our”, or “we”). By participating in this Partnership, you agree to these Partnership Terms. Additionally, in doing so you agree to receive marketing emails from us, as well as further agreeing to Restoke's Terms of Service and Privacy Policy, which is hereby incorporated through reference as if fully set forth herein.
Participation in the Partnership
In order to participate in the Partnership, you must agree to the following conditions. Failure to do so may result in you being terminated from the Partnership. This includes, but is not limited to:
- Restoke shall not be held liable and does not accept any liability, obligation, or responsibility whatsoever for any loss or damage the Customer may suffer in connection with the partnership, and any concern regarding Raydiant services should be directed to the responsible third party;
- The Customer consents with and instructs Restoke to transfer data to Raydiant (if required to effect a partnership) pursuant to the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC, if applicable, or any other applicable laws;
- In accordance, you agree to receive any necessary communications from Raydiant or Restoke for the purposes of the partnership;
- Restoke does not operate nor has any control over the service or product provided by third parties, is not responsible for their content and provides the Customer with third party integrations only for the Customer’s convenience; this does not imply any endorsement or any association with such third parties;
- Restoke retains all rights, title, and interest that it has in the Integrations (if any);
- Restoke may add or remove an Integration at any time;
- The Customer will defend and indemnify Restoke against all liabilities, damages, losses, costs, fees (including legal fees), and expenses to the extent arising from (i) the Customer's misuse of an Integration, or (ii) violation of these Terms or terms of the third party provider;
- The Customer uses third party integration at its own risk; and
- the Customer has read, understood and agreed with the applicable terms of which provides its product or service which is integrated, and reviewed the privacy and technical security of the product or service that is subject to Integration.
Modification of These Terms
We may modify any of the terms specified in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on our website, and may do so without providing notice to you. Modifications may include, for example, changes in the amounts or applicability of available Commissions, payment procedures, and other general partnership program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR WEBSITE OR SENDING YOU THE CHANGE NOTICE WILL CONSTITUTE YOUR BINDING ACCEPTANCE OF THE CHANGE, REGARDLESS OF WHETHER OR NOT YOU RECEIVED NOTICE OF THE SAME.
Choice of Law
These Terms are governed by the law of Victoria, Australia and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Victoria, Australia.
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