The following terms and conditions shall apply to Restaurant’s purchase of a subscription to the Order Better Network. All capitalized terms used herein and not otherwise defined shall have the meanings ascribed to them in the General Terms.
1. Access to the Order Better Network.
Subject to the terms and conditions of the Agreement, ChowNow shall enable Customers to submit Orders through the Order Better Network.
2. Order Better Network Participant Terms.
If any Order Better Network Participant imposes any additional terms and conditions in connection with Orders originating on its platform, ChowNow shall provide Restaurant notice of such additional terms, and Restaurant must comply with the same.
3. Commissions.
Restaurant shall pay ChowNow Commissions on all of Restaurant’s Orders received through the Order Better Network at the rate applicable to Restaurant’s Subscription Type.
4. Fees.
Restaurant shall pay ChowNow a Set Up Fee and Tablet Fee, as applicable. For the avoidance of doubt, if a Restaurant subscribes to both the Order Better Network and Marketplace, the Restaurant will only be responsible for payment of the Set-Up Fee and Tablet Fee as if it were paying for one subscription, so as to not incur duplicative charges.
5. Profit Protection Program.
If Restaurant opts into ChowNow’s profit protection program (“Profit Protection”), Restaurant may increase its Menu prices solely in connection with Orders received through the Order Better Network to account for Commissions on an Order.