These terms and conditions (“Terms”) govern your restaurant’s (“Restaurant” or “you”) participation and eligibility in ChowNow’s Google Ordering Program (“Program”). The terms of the Restaurant Agreement (link) between you and ChowNow are hereby incorporated into these Terms. In the event of a conflict of provisions between the Restaurant Agreement and these Terms, the provisions of these Terms shall prevail.

1. Eligibility. The Program is open to all Restaurants who meet the following criteria (“Eligible Restaurants”):

A. Designates ChowNow as “Preferred by Business” in Google My Business for a minimum of six (6) continuous months.

B. Has and maintains an active ChowNow Pro or ChowNow Pro+Cuboh monthly, annual or 2-year subscription at the time the offer to participate in the Program is presented to you and thereafter. The offer must be sent to you directly from ChowNow and cannot be forwarded or shared with you by another party.

C. Must not cancel or downgrade their subscription to ChowNow Core within six (6) months of participating in the Program.

D. Must be current on any and all subscription and other payments.

2. Duration. Beginning on May 14th at 12 AM, Pacific Standard Time and continuing through 11:59 PM, Pacific Standard Time on December 31, 2024 unless extended in ChowNow’s sole discretion (“Program Period”), all Eligible Restaurants contacted directly by ChowNow will be able to participate in the Program, subject to the Restaurant’s acceptance of these Terms and compliance with the Program’s eligibility requirements. If the Restaurant does not comply with the eligibility requirements and/or meet the eligibility requirements at any time during the Program Period, the Restaurant cannot participate in the Program and shall be removed from the Program by ChowNow in accordance with Section 4 of these Terms.

3. Incentive and Distribution. At ChowNow’s sole option, ChowNow may distribute an incentive to you for participating in the Program. Should ChowNow choose to distribute such an incentive, it shall do so only once the following conditions are met:

A. The Restaurant meets all of the eligibility requirements set forth in Section 1 of these Terms.

B. ChowNow receives confirmation from the Restaurant that it has designated ChowNow as “Preferred by Business” in Google My Business via this page: www.chownow.com/preferredpartner.

ChowNow may distribute any such incentive electronically, as a credit to the Restaurant’s ChowNow invoice, or in such other manner as ChowNow determines in its sole discretion. Once an Eligible Restaurant has sent and ChowNow has received written and valid confirmation (the “Confirmation”) from the Restaurant that it has designated ChowNow as “Preferred by Business” in Google My Business, then ChowNow, within the period of the later of (i) August 31, 2024 and (ii) 60 days of receipt by ChowNow of the Confirmation, shall provide the Eligible Restaurant the incentive, if any, offered to the Restaurant.

4. Termination. ChowNow reserves the right, without prior notice and at any time, to terminate the Program in whole or in part, or modify, suspend, or delay the Program in its sole discretion for any reason, including if it determines that a Restaurant no longer meets the eligibility requirements. If Restaurant accepts the incentive and does not remain an Eligible Restaurant for the 6 month period described in Section 1 of the Terms, then ChowNow may charge Restaurant and Restaurant shall pay ChowNow the full amount of the incentive previously provided to such Restaurant.

5. Choice of Law and Forum. Except where prohibited, Restaurant agrees that any and all disputes, claims and causes of action arising out of or connected with this Program or any incentive awarded shall be resolved individually, without resort to any form of class action, and exclusively by binding arbitration under the American Arbitration Association Consumer Rules and Procedures, at which point all such arbitration will be conducted with a single arbitrator applying California law consistent with the AAA CRP in Los Angeles County, California.