MyCloudPOS Partner Program Terms and Conditions

The Program is intended to allow approved partners to promote, refer, resell, recommend, orotherwise support MyCloudPOS products and services in accordance with these Terms andany additional written program materials issued by MyCloudPOS.

Participation in the Program is free unless MyCloudPOS expressly states otherwise inseparate written materials. MyCloudPOS may approve or reject any application in its solediscretion and may limit participation by geography, industry, business model, or othereligibility criteria.

By applying to the Program, you represent and warrant that: (a) you are at least 18 years old;(b) if applying on behalf of a business, you have authority to bind that business; (c) allinformation you submit is true, complete, and current; and (d) your participation in theProgram will comply with all applicable laws, regulations, and contractual obligations.

MyCloudPOS may request additional information, business verification, tax information, oridentity documentation at any time as a condition of approval or continued participation.Failure to provide requested information may result in rejection, suspension, or termination ofyour partner status.

You acknowledge that these Terms form a binding agreement between you and MyCloudPOSonce you submit your application or otherwise indicate acceptance.

If you do not agree to these Terms, you must not submit an application, access partnerresources, or participate in the Program.

The relationship between MyCloudPOS and Partner is non-exclusive. Nothing in these Termscreates an employment, agency, franchise, joint venture, fiduciary, or exclusive relationshipbetween the parties unless expressly stated in a separate signed agreement.

Partner has no authority to make promises, guarantees, warranties, representations,contracts, or commitments on behalf of MyCloudPOS unless specifically authorized inwriting.

If MyCloudPOS provides you with a partner portal, account, login credentials, or access toprogram materials, you are responsible for maintaining the confidentiality and security ofthat access.

You are responsible for all activities conducted through your account, whether authorized byyou or not, unless caused solely by MyCloudPOS. You must promptly notify MyCloudPOS ofany unauthorized access, suspected breach, misuse, or security incident involving youraccount.

As a condition of participation, Partner agrees to:

• Provide accurate and up-to-date application, business, payment, and contactinformation.
• Market and represent MyCloudPOS offerings in a truthful, professional, and lawfulmanner.
• Avoid deceptive, misleading, defamatory, infringing, abusive, or unethical conduct.
• Comply with all applicable advertising, privacy, consumer protection, anti-spam,disclosure, sanctions, export, and intellectual property laws.
• Follow all written brand, messaging, campaign, referral, lead submission, andpromotional guidelines issued by MyCloudPOS.
• Refrain from impersonating MyCloudPOS or suggesting a broader affiliation,sponsorship, certification, or authority than has been granted.

Partner must not, directly or indirectly:

• Use false, misleading, or unsubstantiated claims about MyCloudPOS, its services, pricing,features, performance, competitors, or customers.
• Bid on restricted branded keywords, use deceptive domains, create fake websites, ormisrepresent itself as MyCloudPOS.
• Engage in spam, malware distribution, cookie stuffing, unauthorized tracking, fraudulentlead generation, or other abusive marketing tactics.
• Infringe, misappropriate, or violate any intellectual property, privacy, publicity,confidentiality, or other rights.
• Use the Program for unlawful purposes or in any way that could harm MyCloudPOS, itsreputation, systems, users, or partners.
• Reverse engineer, copy, scrape, frame, or unlawfully exploit MyCloudPOS websites,software, documentation, or confidential materials except as permitted by law or writtenauthorization.

All rights, title, and interest in and to the MyCloudPOS name, logos, trademarks, servicemarks, trade dress, website content, software, documentation, training materials, graphics,text, videos, designs, templates, inventions, technology, and other materials provided by orthrough MyCloudPOS are and will remain the exclusive property of MyCloudPOS or itslicensors.

Except for the limited rights expressly granted in these Terms, no license or ownership right istransferred to Partner. Any goodwill arising from Partner's use of MyCloudPOS marks willinure solely to the benefit of MyCloudPOS.

Nothing in these Terms grants Partner any right or license, express or implied, to use anyMyCloudPOS trademark, service mark, trade name, logo, slogan, domain name, design, tradedress, branding element, or other brand asset.

Partner may not use the MyCloudPOS name or brand in advertisements, websites, landingpages, social media, domain names, email campaigns, paid search, sales materials, metadata,or public statements without prior written permission from MyCloudPOS in each instance.Any unauthorized use is strictly prohibited and may result in immediate suspension ortermination.

Partner retains ownership of materials that Partner independently creates and submits toMyCloudPOS, excluding any MyCloudPOS materials or derivative works. If Partner submitstestimonials, ideas, suggestions, feedback, campaign proposals, or other materials regardingMyCloudPOS or the Program, Partner grants MyCloudPOS a worldwide, non-exclusive,perpetual, irrevocable, royalty-free license to use, reproduce, modify, adapt, publish, anddisplay that feedback for business purposes without further consent or compensation,unless prohibited by law.

Partner represents and warrants that any content it provides does not infringe or violate anythird-party rights and that Partner has all necessary rights to grant the foregoing license.

Unless otherwise set out in separate written program rules, MyCloudPOS will determine in its sole discretion whether a lead, referral, opportunity, account, or transaction qualifies for partner attribution, recognition, benefits, or any future compensation.

MyCloudPOS may reject, reassign, disqualify, or remove any lead or referral that is duplicate, stale, self-referred, fraudulent, already in pipeline, outside program scope, in violation of these Terms, or otherwise ineligible under current program criteria.

Participation in the Program is free unless otherwise stated, and these Terms do not by themselves guarantee Partner any commission, revenue share, discount, rebate, referral fee, or other payment.

If MyCloudPOS later introduces a compensation structure, discount schedule, or incentive plan, those terms may be set out in separate written materials, which may include eligibility thresholds, timing rules, verification requirements, payment schedules, withholding rights, clawbacks, tax obligations, and forfeiture terms.

Partner is solely responsible for any taxes, duties, levies, assessments, or similar governmental charges arising from its participation in the Program or from any payments made to Partner, except for taxes based on MyCloudPOS net income. MyCloudPOS may withhold amounts where required by law or where required information is not provided.

Partner may receive or access confidential or non-public information relating to MyCloudPOS, including pricing, product plans, technical information, training materials, customer information, business strategies, partner resources, and program details ("Confidential Information"). Partner agrees to use Confidential Information only for participation in the Program, protect it with reasonable care, and not disclose it to any third party except to personnel or contractors who need to know it and are bound by confidentiality obligations at least as protective as these Terms.

Confidential Information does not include information that becomes public through no fault of Partner, was already lawfully known to Partner without restriction, is independently developed without use of the Confidential Information, or is lawfully received from a third party without breach of duty.

Partner must comply with all applicable privacy and data protection laws when collecting, using, sharing, storing, or transmitting personal information in connection with the Program.

If Partner submits personal information to MyCloudPOS, Partner represents that it has all necessary rights, notices, and consents to do so. Partner must not provide sensitive personal information unless specifically requested and authorized by MyCloudPOS.

The Program or related materials may reference, integrate with, or link to third-party websites, platforms, tools, or services.

MyCloudPOS does not control and is not responsible for third-party content, policies, security, availability, or practices, and Partner accesses or uses third-party services at its own risk and subject to those third parties' terms.

Partner will comply with all applicable federal, state, local, and international laws, regulations, and industry standards in connection with the Program, including laws relating to marketing disclosures, anti-bribery, anti-corruption, competition, sanctions, exports, email marketing, telemarketing, privacy, and consumer protection.

Where applicable, Partner must clearly disclose any material relationship with MyCloudPOS in advertising, endorsements, or promotional content.

To the maximum extent permitted by law, the Program, any partner portal, and all related materials, services, content, and access are provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, whether express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, or uninterrupted availability.

MyCloudPOS does not guarantee that the Program will be uninterrupted, error-free, secure, or available at any particular time, or that any specific results, leads, revenue, or business opportunities will be achieved through participation.

To the fullest extent permitted by law, MyCloudPOS and its officers, directors, employees, affiliates, licensors, service providers, and agents will not be liable for any indirect, incidental, consequential, special, exemplary, punitive, or lost profits damages, or for any loss of data, goodwill, business opportunity, or anticipated savings, arising out of or related to the Program or these Terms, even if advised of the possibility of such damages.

To the fullest extent permitted by law, the aggregate liability of MyCloudPOS for all claims arising out of or relating to the Program or these Terms will not exceed one hundred U.S. dollars (US $100) or, if greater, the amount actually paid by MyCloudPOS to Partner under the Program during the six months preceding the event giving rise to the claim.

Partner will defend, indemnify, and hold harmless MyCloudPOS and its officers, directors, employees, affiliates, licensors, service providers, and agents from and against any third-party claims, actions, damages, liabilities, losses, judgments, settlements, penalties, fines, costs, and expenses, including reasonable attorneys' fees, arising out of or related to: (a) Partner's participation in the Program; (b) Partner's breach of these Terms; (c) Partner's content, marketing, statements, or representations; (d) Partner's violation of law; or (e) Partner's infringement or misappropriation of any third-party rights.

MyCloudPOS may suspend, restrict, or terminate Partner's participation, account, or access immediately, with or without notice, for any reason or no reason, including for breach of these Terms, suspected fraud, misuse, inactivity, reputational risk, legal risk, or business reasons.

Partner may stop participating in the Program at any time by written notice or by discontinuing use of the partner account, but any provisions that by their nature should survive termination will remain in effect, including intellectual property, confidentiality, disclaimers, limitations of liability, indemnification, dispute provisions, and any payment or audit obligations.

Upon suspension or termination, all rights granted to Partner under these Terms immediately cease, and Partner must stop using MyCloudPOS marks, confidential materials, partner portal access, and other Program resources. Partner must promptly remove or destroy any materials as requested by MyCloudPOS, except where retention is required by law.

Termination does not waive or affect any rights, remedies, obligations, or liabilities accrued before the effective date of termination.

MyCloudPOS may update these Terms, the Program structure, eligibility rules, brand guidelines, or any related policies from time to time.

Updated Terms may be posted on the website, partner portal, signup page, or otherwise communicated electronically. Continued participation after the effective date of revised Terms constitutes acceptance of the revised Terms.

Partner consents to receive notices, disclosures, and communications from MyCloudPOS electronically, including by email, website posting, portal notification, or other electronic means. Electronic records and communications will satisfy any legal requirement that such communications be in writing to the extent permitted by law.

Partner is responsible for keeping its contact information current.

These Terms and any dispute, claim, or controversy arising out of or relating to them will be governed by the laws of the State of Indiana, without regard to conflict of laws principles, unless a different jurisdiction is required by applicable law or specified in a separate signed agreement.

Subject to any mandatory legal rights or any arbitration provision adopted by MyCloudPOS in a later update, the state or federal courts located in Indiana will have exclusive jurisdiction, and each party consents to personal jurisdiction and venue in those courts.

Before filing a formal legal claim, the parties agree to attempt in good faith to resolve any dispute informally by providing written notice describing the issue and the requested relief. If the dispute is not resolved within thirty (30) days after notice, either party may pursue available legal remedies, subject to these Terms.

Nothing in this section prevents either party from seeking injunctive or equitable relief for misuse of intellectual property, unauthorized disclosure of Confidential Information, or other harms for which monetary damages would be inadequate.

MyCloudPOS will not be liable for any delay or failure in performance caused by events beyond its reasonable control, including acts of God, natural disasters, labor disputes, utility outages, internet or telecommunications failures, cyber incidents, governmental actions, war, terrorism, pandemics, or failures of third-party providers.

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect to the maximum extent permitted by law.

No waiver of any provision or breach will be deemed a continuing waiver or a waiver of any other provision or breach.

Partner may not assign, transfer, delegate, or sublicense any rights or obligations under these Terms without MyCloudPOS's prior written consent. MyCloudPOS may assign these Terms in connection with a merger, acquisition, corporate reorganization, sale of assets, or by operation of law.

These Terms, together with any incorporated policies, guidelines, and any separate written program documents issued by MyCloudPOS, constitute the entire agreement between the parties regarding the Program and supersede all prior or contemporaneous understandings relating to the same subject matter.

Questions regarding these Terms may be directed to MyCloudPOS through the contact information published on mycloudpos.com or through the partner application or portal contact details provided by MyCloudPOS.

For the partner signup form, the following acknowledgment should appear next to anunchecked checkbox before submission:

"By submitting this form, I acknowledge that I have read and agree to the MyCloudPOS Partner Program Terms and Conditions and any related policies."