Promo Self Serve is proudly developed in Vancouver, Canada and provides an easy to use application to launch and manage online promotions. We are owned and operated by Viral Foundry, Inc. ("Viral Foundry", "Promo" "Promo Self Serve" "we", "us"), a corporation registered in beautiful British Columbia, Canada.
Promo provides buyers, promoters, and sellers (collectively, "Users") a website promotion platform, wordpress tools, and an e-commerce engine (the "Service") for the purchase and sale of content, products, or services via a short link (the "Promo Link"), or by Promo at Promo.co (the "Website"), or via a wordpress website (the "wordpress promo plugin suite").
By accessing or using the Site, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions in this Agreement, then you may not access the Site or use the Services. Viral Foundry reserves the right in its sole discretion to change this Agreement at any time. Such changes may or may not have notices posted on the website. Your continued use or access of the Site and Services denotes your agreement to the most recent Agreement. Use of the Site and Services is not permitted to anyone by the age of 18.
This Agreement is an electronic contract that sets out the legally binding terms of a User’s use of the Website, Mobile Application, Wordpress Plugin Suite, Referral Affiliate Program, and the Service. By selling or purchasing Promotions, Goods, Services or by downloading or using the Promo Link, you accept and agree to be bound by the terms of this Agreement, whether or not you register with Promo.
Please read this Agreement carefully. We strongly recommend that, as you read this User Agreement, you also access and read any linked information. This Agreement includes the Promo Privacy Policy, and any notices regarding the Website, Mobile Application, Referral Affiliate Program or the Service. You agree and understand that certain features of the Website, Mobile Application, Wordpress Plugin Suite, or the Service may be subject to additional terms and conditions or registration requirements. You agree to abide by these additional terms and you further agree that a violation of those terms while you are using the Service or accessing the Website shall constitute a breach of this Agreement. Use of the Service or the Website is permitted only by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, use of the Service or Website is not permitted by anyone under the age of 18. If you do not qualify, please do not use the Service, Mobile Application, or the Website.
While using the Service, the Website, Mobile Application, Wordpress Plugin Suite, Referral Program and/or the Promo Link, you will not:
Promo and our community of Users (the "Community") work together to keep our Website, Mobile Applications, Wordpress Plugin Suite, Referral Program, and Service working properly and the Community safe. Please report problems, offensive content, and policy violations to us.
Without limiting other remedies, we may limit, suspend or terminate our Service and user accounts, prohibit access to our Website and content, Promotion Pages, Service and tools, delay or remove hosted content, including but not limited to Digital Goods and User Content, and take technical and legal steps to keep Users off the Website and Mobile Application if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies (for example, and without limitation, policies related to shill bidding, conducting off-Promo transactions, feedback manipulation, circumventing temporary or permanent suspensions or users who we believe are harassing our employees or other Users).
Additionally, we may, in appropriate circumstances and at our discretion, suspend or terminate accounts of Users who may be repeat infringers of intellectual property rights of third parties. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time, or to modify or discontinue the Website, Service, Promo Link, or tools.
Buyers of Goods or Services ("Buyers") and Sellers share the responsibility for making sure purchases facilitated by Promo are exciting, rewarding and hassle-free. Promo is happy to work with both parties to resolve any conflicts or issues that arise — [email protected]
In addition:
Sellers agree to allow us to remove funds from their Promo accounts for amounts due to Buyers. Where there are insufficient funds in Promo accounts, we will require another reimbursement method. Sellers agree to allow us to charge the payment method they designate for amounts due to Buyers. Changing a reimbursement method will not affect Promo's use of a payment method on file for other purposes (such as payment of your Promo fees). If Sellers do not provide Promo with a valid reimbursement method, we may collect amounts owed using other collection mechanisms, including retaining collection agencies. We may also suspend or restrict Sellers from using our Service or Website until payment is made. Correcting Mistakes in Payments to Buyers or Sellers. We reserve the right to fix any processing errors we discover. We will correct any processing errors by debiting or crediting the payment method used for the erroneous refund or reimbursement.
To protect against the risk of liability, Promo has the ability hold Seller funds based on certain factors, including, but not limited to, selling history or Seller performance. You agree to use User information only for: Promo transaction-related purposes that are not unsolicited commercial messages; using services offered through Promo (such as shipping and fraud complaints), or other purposes that a User expressly chooses.
Buyers may use our Website, Wordpress Plugin Suite and/or Service at no cost during a trial period. We do charge Sellers a fee for each sale conducted via the Service, a per transaction fee to cover merchant costs (the "Fees"). We also offer a tiered pricing plan to fit your needs and buget. When you list Goods, you have an opportunity to review and accept the fees that you will be charged based on our Pricing Page or our Partners Fee Schedule, which we may change from time to time. Changes to that schedule are effective after we provide you with at least 24 hours' notice by posting the changes on the Website.
In addition, you are responsible for paying all fees and applicable taxes associated with our Website, Referral Program, Mobile Application and Service (the "Taxes"). The Payment Merchant is responsible for all areas associated with collecting money and payouts. You will not hold Promo responsible for lost, delayed, or frozen payments.
As a Member, by referring your friends, readers, or audience to purchase, Contact Seller, Contact Owner, or create a Promo that receives a confirmed purchase via the Site, Application and Services, you may participate in the “Referral Affiliate Program”, which is a program we offer to "Select Partners" or participants of the "Promo Affiliate Program". If you choose to participate in the Referral Affiliate Program, for each person that successfully purchases a product ("Referral Purchase") or contacts a Seller ("Referral Lead") via your unique promo page or url, will receive a Referral Fee that equates to a flat fee or percentage of each transaction sold.
In order to receive Referral Fees you must complete an application and vetting process to enter the program. Users may apply and find out more details by contacting our support team directly.
In order to receive a Referral Fee, each of the following requirements must be met (collectively, a “Qualifying Referral Fee”): (i) an active Promo Referral Affilaite Account; (ii) you must share the link provided with friends via Social Networks, by copying and pasting the unique referral link generated via the Services, by sending the unique referral link generated via the Services in an email via the Services to your friends; embedding the promo on websites, or by using the other tools provided by Promo to share the unique referral link with friends; (iii) viewers who clicks the link on websites or otherwise or clicks the link contained in the email must complete a transaction (purchase promotion or message Promo owner); and (iv) the confirmed booking via the Services with Total Fees of at least twenty-five dollars ($25) that is not subsequently cancelled.
Please note that you may not be the Seller or the Buyer for the promotion to receive a Referral Reward.
Satisfaction of a Qualifying Referral Fee you receive will be reflected in your Promo Account in a commercially reasonable amount of time after the Qualifying Referral Fee has been completed. The Referral Program can be accrued solely by you and you may not earn Referral Fee by permitting another individual to use your Promo Account. Referral Fee Rewards accrued in multiple Promo Accounts may not be combined into one Promo Account. You may not earn Referral Fees by creating multiple Promo Accounts. Except as explicitly provided herein, Referral Fees are non-transferable. Members are responsible for keeping track of the Referral Rewards in their Promo Accounts
If, as a Buyer, you wish to cancel, refund, or exchange your purchase, you must contact the original Seller to verify refund and exchange policies.
If the currency in which you will be charged is different from the currency chosen by the Promoter/Seller to receive payment, the Business and Merchant Account will be responsible for the required currency conversion processing, including the costs thereof, which will be calculated based on the most current applicable foreign exchange rate that Business Owner has uploaded to the Site as of the date and time that your booking is confirmed (the “Applicable Exchange Rate”). You acknowledge that the Applicable Exchange Rate used for currency conversion processing may not be identical to the applicable market rate in effect at the specific time such processing occurs because: (i) Promo does not update currency rates on a real-time basis; and (ii) the Applicable Exchange Rate may include an incremental cost or margin that is not included in the applicable market rate.
Any and all links to audio, text, photos, pictures, videos, graphics, comments, and other content, data or information that you make available for sale to buyers via Promo (hereinafter "User Content") is generated, owned and controlled solely by you, and not by Promo.
Promo does not claim any ownership rights in your User Content, and you hereby expressly acknowledge and agree that your User Content remains your sole responsibility. Photos and videos captured using The Application grants Promo an unlimited license to use or reuse the content at their sole discretion.
If you publish a product, sell a product or otherwise make (or allow any third party to make) a product available by means of the Services (any such material, “Products”), you are entirely responsible for the Product, and any harm resulting from, that Product. By making Products available, you represent and warrant that such Product:
As a promoter, you agree not to sell or otherwise distribute any of the following items:
You further agree not to publish, promote, offer for sale, sell or otherwise distribute any of the following items on through or connected with your Account, except as permitted by, and in full compliance with, all applicable federal, state, local and other laws:
You will not post on the Website, take photos, record videos, transmit to other Users, communicate any User Content (or links thereto) or Goods (or links thereto), or otherwise engage in any activity on the Website, Wordpress Plugin Suite, or through the Service, that:
You will not provide inaccurate, misleading or false information to Promo or to any other User. If information provided to Promo or another User subsequently becomes inaccurate, misleading or false, you will promptly notify Promo of such change.
By submitting ideas, suggestions, documents and/or proposals ("Feedback") to Promo through its suggestion, feedback, wiki, forum or similar pages, you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties; (ii) Promo is not under any obligation of confidentiality, express or implied, with respect to the Feedback; (iii) Promo shall be entitled to use and disclose such Feedback for any purpose, in any way, worldwide; (iv) Promo may have something similar to the Feedback already under consideration or in development; and (v) you are not entitled to any compensation or reimbursement of any kind from Promo under any circumstances..
You will not hold Promo responsible for other Users' Content or Goods, actions or inactions, or items they list.
You acknowledge that we are not a traditional auctioneer. Instead, our Service allows anyone to offer, sell, and buy Goods, at any time, from anywhere, in a variety of pricing formats and locations. We are not involved in the actual transaction between Buyers and Sellers. While we may help facilitate the resolution of disputes through various programs, we have no control over and do not guarantee the quality, safety or legality of Goods advertised, the truth or accuracy of User Content or listings, the ability of Sellers to sell Goods, the ability of Buyers to pay for Goods, or that a Buyer or Seller will actually complete a transaction or return a Product, Service, or Good.
ACCORDINGLY, TO THE EXTENT LEGALLY PERMITTED, WE EXCLUDE ALL IMPLIED WARRANTIES, TERMS AND CONDITIONS, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE ARE NOT LIABLE FOR ANY LOSS OF MONEY, GOODWILL OR REPUTATION, OR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING, DIRECTLY OR INDIRECTLY, OUT OF YOUR USE OF OR YOUR INABILITY TO USE OUR WEBSITE, MOBILE APPLICATION, REFERRAL PROGRAM, SERVICE AND TOOLS.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
If you have a dispute with one or more Users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
The website and mobile application include meta headers. Much of the information on the Website is updated in real-time and is proprietary or licensed to Promo by our users or third parties. You agree that you will not use any scraping, robots, or automated means to access the sites for any purpose without our express hand written permission.
Additionally, you agree that you will not:
take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the Website or the Service without the prior express written permission of Promo and the appropriate third party, as applicable; interfere or attempt to interfere with the proper working of the Website, services or tools, or any activities conducted on or with the Website, Service or tools; or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Website or Service.
By using the Service to promote, list, or sell one or more Goods, you agree to pay Promo’s fees for such, assume full responsibility for the content of the Goods offered, and accept the following listing conditions: When you use the Service to sell Goods and Services on Promo’s Website, Referral Affilaite Programs or Mobile Applications, your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances), so Promo can’t guarantee exact listing durations.
We do not sell or rent your personal data to third parties for their marketing purposes without your explicit consent. Please review our privacy policy.
You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.
By no such agency , partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
For purposes of this Agreement, any notices will be sent in writing to the following respective addresses:
For Promo:
Viral Foundry Inc. mailing address at: 833 Seymour Street, Unit 1811 Vancouver, BC, Canada V6B 4N2
If a dispute arises between you and Promo, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Promo agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly at [email protected] to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on this Website, please notify Promo’s copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA).
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on this Website, please notify Promo’s copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). For your complaint to be valid under the DMCA, you must provide the following information in writing:
A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
A description of the copyrighted work(s) that you claim have been infringed and identification of what content in such work(s) is claimed to be infringing and which you request to be removed or access to which is to be disabled;
A description of where the content that you claim is infringing is located on the Site; Information sufficient to permit Promo to contact you, such as your physical address, telephone number, and e-mail address;
A statement by you that you have a good faith belief that the use of the content identified in your notice in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
The above information must be submitted to the following DMCA Agent:
Designated Copyright Agent:
Viral Foundry Inc.
mailing address at: 833 Seymour Street, Unit 1811 Vancouver, BC, Canada V6B 4N2 [email protected] (only DMCA notices will be accepted at this email address. All other inquiries or requests will be discarded).
Upon receiving your complaint, Promo may remove content that you believe infringes its copyright. In addition, Promo may terminate the account of the member who appears to be infringing your intellectual property rights.
A transaction may be reversed or charged back to your merchant account if it is disputed by the buyer, reversed for any reason by the Network, deemed to be fraudulent, deemed to be in violation of this Agreement, or we have any reason to believe that the transaction was not completed in good faith.
If your account is incurring a significantly high volume of chargebacks, we reserve the right to: (a) suspend your account, (b) terminate your account, (c) increase processing fees, and/or
Section headings in this Agreement are for reference only.
This Agreement does not transfer from Promo to you any Promo or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Viral Foundry Inc.. Your use of the Services grants you no right or license to reproduce or otherwise use any Promo or third-party trademarks.
last revised: March 25, 2018The Android robot is reproduced or modified from work created and shared by Google and used according to terms described in the Creative Commons 3.0 Attribution License.