Referral Program Terms and Conditions for Referred Shops
Last updated: September 15, 2025
Shopmonkey Demo Incentive Terms and Conditions
These Demo Incentive Terms and Conditions (“Terms”) (as defined below) are effective from and after September 15, 2025 (the “Effective Date”).
The Shopmonkey Incentive (“Incentive Program”) allows referred customers in the automotive services industry (“Referred Customer” or “you”) to earn an incentive for attending a demonstration of Shopmonkey Products and Services, subject to these Terms;
1.1 “Incentive” means one (1) $200 Gift Card if a Referred Customer attends a Demo.
1.2 “Demo” means a demonstration led by Shopmonkey representatives of Shopmonkey’s software-as-a-service automotive care solutions, committed to and actually attended by one or more representatives of a Referred Customer.
1.4 “Referred Customer” means a new customer brought to Shopmonkey’s attention through the Incentive Program and that, in Shopmonkey’s sole judgment, satisfies the following conditions:
(a) Referred Customer must have been submitted into the Incentive Program by submission through either: the Incentive Program or Referral Program website, through the provision of a personalized referral link, or by other means identified there;
(b) Referred Customer cannot be an existing customer or a previous customer of Shopmonkey;
(c) Referred Customer cannot be in the Sales Process at the time of the referral or during the prior two (2) months;
(d) Referred Customer must not have been previously attended a Demo Incentive Program during the prior two (2) months;
(e) Referred Customer must not have been submitted to any other discount or incentive program operated by Shopmonkey or otherwise compensated or incentivized;
(f) Referred Customer is qualified by Shopmonkey, in Shopmonkey’s sole judgement, as a registered business that fit the shop types supported by Shopmonkey and has potential to purchase Shopmonkey Products and Services; and
(g) Referred Customer must attend a Demo.
1.5 “Sales Process” means the communications and processes in which Shopmonkey engages a potential customer with the intention to sell Shopmonkey Products and Services.
1.6 “Shopmonkey Products and Services” means the products and services offered by Shopmonkey, including, but not limited to, those described on the Shopmonkey Site.
1.7 “Shopmonkey Site” means shopmonkey.io or any subdomain or other site controlled by Shopmonkey where it offers the Shopmonkey Products and Services, and all successors to such sites.
2.1 Incentive Program Obligations. Neither party has any obligation to perform in the Incentive Program. Shopmonkey reserves the right to refuse to sell Shopmonkey Products and Services to any person for any reason. In addition, Shopmonkey, in its sole discretion, may cease selling Shopmonkey Products and Services at any time to any Referred Customer for any reason in accordance with Shopmonkey’s agreements with those customers.
2.2 Incentives.
(a) Once Referred Customer completes the Demo in accordance with these terms, Shopmonkey will give the specified Incentive.
(b) Incentives will be delivered by e-mail [as electronic gift cards] no later than the thirty (30) days following the end of the calendar month in which they are awarded. Incentives have no cash value, are not transferable or assignable, and cannot be substituted for other items or services unless explicitly permitted by Shopmonkey.
7.1 Term. These Terms and the Incentive Program shall commence on the Effective Date and shall continue through December 31, 2025; provided, however, that this Incentive Program may be amended at any time or from time to time by Shopmonkey, Inc. at its sole and absolute discretion.
7.2 Termination. Without prejudice to any other right or remedy available at law or in equity in respect of any event described below, the Incentive Program may be terminated by Shopmonkey at any time and without penalty. Such a termination will not relieve Shopmonkey of liability for payment of Incentives earned prior to termination.
8.1 Arbitration. Except as set forth in Section 8.4 below, any dispute or controversy arising out of, relating to, or concerning any interpretation, or concerning any interpretation, construction, performance, or breach of these Terms, that cannot be settled between the parties, will be settled by arbitration to be held in San Jose, California in accordance with the rules then in effect of the American Arbitration Association in front of one (1) arbitrator in the English language. Appearances may be made remote via electronic conferencing. The arbitrator may grant injunctions or other relief in the dispute or controversy. The decision of the arbitrator will be final, conclusive, and binding on the Parties to the arbitration. Judgment may be entered on the arbitrator's decision in any court having jurisdiction.
8.2 Arbitration Fees. In the event of any arbitration the Parties hereto arising from or related to a party's performance or breach of these Terms, the prevailing party shall be entitled to and shall receive, in addition to any relief granted by the arbitrator, their reasonable attorneys' fees and other costs and expenses incurred in prosecuting or opposing the prosecution of such action. Further, if any action at law or in equity is necessary to enforce or interpret the terms of these Terms, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursement, in addition to any other relief to which the party may be entitled.
8.3 Waiver or Right to Jury Trial. This arbitration clause constitutes a waiver of each Party’s right to a jury trial for all disputes relating to all aspects of these Terms and the Incentive Program.
8.4 Equitable Remedies. The Parties may apply to any court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary, without breach of these Terms and without abridgement of the powers of the arbitrator.
8.5 Consideration. Each party's promise to resolve claims by arbitration in accordance with the provisions of these Terms, rather than through the courts, is consideration for the other party's like promise.
9.1 Waiver. Any waiver of the provisions of these Terms by Shopmonkey or of Shopmonkey’s rights or remedies under these Terms must be in writing to be effective.
9.2 Severability. If any term, condition, or provision in these Terms is found to be invalid, unlawful, or unenforceable to any extent, the parties will endeavor in good faith to agree to amendments that will preserve, as far as possible, the intentions expressed in this Agreement.
9.3 Governing Law. The internal laws of California, but not the choice of law rules, govern this Agreement.
9.4 Headings. Headings are used in these Terms for reference only and will not be considered when interpreting this Agreement.
9.5 Notices. All notices, approvals, consents, waivers, and other communications under these Terms must be in writing and will be deemed to have been given when (a) in the case of Shopmonkey, when received, if sent by a nationally recognized overnight delivery service or U.S. mail to 155 E, Main Ave, Suite 150, Morgan Hill, CA 95037 with cc: to legal@shopmonkey.io; or (b) in the case of Referred Customer, when sent by email to the addresses, facsimile numbers and/or email addresses provided with submission of the Referred Customer to which the communication relates or to such other addresses, facsimile numbers or email addresses as a party may designate by notice to the other party from time to time.
9.7 Independent Contractors. The relationship between the parties is that of independent contractors. Nothing in this Agreement shall be deemed to create an employment, partnership, joint venture or agency relationship between the parties. You will be wholly responsible for the payment of any and all applicable taxes associated with any Incentives received, including, without limitation, all federal, state, and local income, VAT, Social Security, self-employment, sales, and any other taxes.
9.8 Entire Agreement. These Terms represent the complete agreement of the parties, supersede all prior discussions, communications, and agreements between the parties with respect to the subject matter hereof, and cannot be amended or modified except in a writing signed by both parties.