Advertiser Terms and Conditions

1\ application of these terms these terms and conditions (“ terms and conditions ”) together with any campaign booking form (a) apply, unless stated otherwise, to all contracts between fancycom, inc (“ fancy ”) and you (“ advertiser ”) for the supply of services; and (b) are subject to any conditions specified in the campaign booking form, which will take precedence over these terms and conditions defined terms in the attached campaign booking form have the same meanings as the defined terms in these terms and conditions the following terms are defined as follows “ approval deadline ” means any deadline agreed by fancy and the advertiser for approval of a particular payment linked offer campaign; “ campaign booking form ” means any campaign booking form agreed between the parties, substantially in the form as set out in schedule 1, detailing the services to be provided by fancy, the timings and the service charges “ cashback ” is a type of monetary incentive earned by registered users, provided by fancy as a reward for completion of qualified transactions “ contribution ” means any content in any form or medium, information, input, data and any requests of any kind which are required or provided by the advertiser in relation to the advertiser in connection with fancy producing a payment linked offer; “ fees ” means the amounts to be paid by the advertiser to fancy for the services as specified in the campaign booking form; “ losses ” means any losses, liabilities, damages, costs, awards, fines, penalties, sanctions, amounts paid in settlement and expenses (including reasonable legal fees and disbursements for external counsel, and reasonable costs of investigation, litigation and settlement); “ payment linked offer ” means an offer where customers receive rewards or discounts by linking their \[accounts] and making payments or purchases that meet the offer criteria the payment linked offers are to be placed on the platform, based on the payment or purchase behavior of registered users as further set out in any campaign booking form; “ platform ” a comprehensive digital system designed and operated by service provider to facilitate access for registered users “ presentation ” means a payment linked offer which is on view to a registered user, and the related term “presented” shall be construed accordingly; “ publisher ” means publishing partners who participate in fancy’s marketing network; “qualified transaction” when a registered user concludes a transaction on an advertiser’s digital channels of sites, in an advertiser’s store location, or on the platform in accordance with the \[registered user terms and conditions] (as published on fancy’s website and as amended from time to time) and the advertiser’s terms associated with a certain offer, a “qualified transaction” takes place “ registered user ” means an individual who has created a digital account, known as “registered user accounts,” within the platform's ecosystem to establish a registered user account, an individual must complete a registration process, which includes providing an email address, creating a password, verifying said account via email confirmation, and agreeing to the fancy rewards terms & conditions docid\ uiqhv8uaaknwdfie9ayk2 ; “ services ” means fancy’s collection of payment linked offers from the advertiser and the provision of such offers on the platform “total cost per acquisition pot (total cpa pot)” means the full commission amount, which can be either a fixed amount or percentage pursuant to the campaign booking form, that the advertiser is paying to fancy per qualified transaction 2\ services (a) subject to section 3, fancy will provide the services within the time period specified in the campaign booking form (“ time period ”) (b) fancy will provide the services with reasonable skill and care and will take all reasonable steps to ensure that no element of any payment linked offer infringes any third party rights including any intellectual property rights (c) for each particular payment linked offer campaign as outlined in the relevant campaign booking form, fancy shall make available reporting (“ reporting ”) (at least on a monthly basis), informing the advertiser of the following for the applicable reporting period the number of qualified transactions; date \[of each qualified transaction]; purchase or payment amount \[of each qualified transaction]; and the total aggregated sales amount of qualified transactions (d) a campaign booking form shall be considered approved upon electronic signature by the advertiser and by fancy (e) the advertiser agrees and acknowledges that fancy may suspend or terminate any payment linked offer campaign at any time in which case the advertiser shallonly be required to pay fancy the agreed fees for payment linked offers up until the date on which any payment linked offer campaign is suspended or terminated fancy shall not otherwise have any liability to the advertiser or the advertiser for cancellation or any breach of this agreement, including any campaign booking form as a result of such suspension or termination (f) whether payment linked offers go live on the platform is subject to the exclusive and sole discretion of fancy payment linked offers are never guaranteed to go live by fancy 3\ editorial processes for payment linked offers (a) the advertiser shall provide fancy with any contribution, including the advertiser’s logo in a format specified on the campaign booking form, promptly and in good time for fancy to undertake the services fancy shall have no liability whatsoever for any delays in the provision of services or its compliance with this agreement which results from any delay or default on the part of the advertiser (b) the advertiser warrants that any contribution supplied for inclusion in a payment linked offer or approved by the advertiser shall be true and accurate, shall comply with all applicable laws, regulations, and standards determined by any governmental or regulatory authority and generally applicable industry or self regulatory standards and shall not infringe any third party rights (including intellectual property rights) (c) if fancy does not approve any of the advertiser’s contributions for a payment linked offer, the parties shall work together in good faith to agree to amended contributions, and no payment linked offers shall be distributed until such time that fancy approves such contributions 4\ qualified transactions (a) qualified transactions are identified and captured using third party tracking software which is integrated into the platform, the use of which is consented to by registered users (b) qualified transactions include payment linked offers, under the condition that each qualified transaction adheres to the terms of these terms and conditions and the campaign booking form (c) a qualified transaction shall become final, and thus eligible for cashback, when service provider is paid by the advertiser on the qualified transaction 5\ charges and payment (a) the fees payable by the advertiser to fancy in respect of a month shall be in accordance with the applicable campaign booking form(s) (b) fancy will send invoices to the advertiser \[on a monthly basis] and the advertiser shall pay fancy the amount of fees and taxes (as defined below) set out in such invoices within \[15] days from the date of any such invoice (c) unless otherwise specified in these terms and conditions or the campaign booking form(s), all fees and amounts set out in these terms and conditions or the campaign booking form(s) are exclusive of any vat and all other taxes and statutory charges (“ taxes ”) which will be set out in an invoice and charged to the advertiser in addition to any fees payable by the advertiser under these terms and conditions or the campaign booking form(s) ip, data, systems and reports (a) the advertiser and fancy shall materially comply with all applicable data protection laws (b) subject to section 6(c), the advertiser acknowledges and agrees that it shall not acquire any copyright or other intellectual property rights in any matter produced or used in the production of the services (but, for the avoidance of doubt, this shall not affect the advertiser’s rights in the contributions or any trademarks or logos of the advertiser) (c) the advertiser grants to fancy for the duration of these terms and conditions a royalty free, non exclusive license to use the advertiser’s trademarks or logos together with any other property or rights of the advertiser in data, material, information or other matters which may be incorporated within i)the contribution or any payment linked offer for the purposes of the services and/or ii) any promotional materials issued by fancy in relation to customers’ ability to receive payment linked offers the advertiser warrants that such use will not infringe the rights of any third party and, notwithstanding section 8, will indemnify and keep indemnified fancy in respect of any losses arising as a result of such use of such trademarks, logos, property and rights or as a result of a breach by the advertiser of section 3(b) 6\ term and termination (a) these terms and conditionsshall start on the date of signature and, subject to section 7(b), shall continue in force until terminated by either party giving to the other party notice in writing of termination to expire the later of one month from the receipt of the notice of termination (b) either party may terminate this agreement by 30 days written notice if (i) the other commits a material breach of this agreement and such breach (if capable of remedy) is not remedied within 30 days of written notice to do so; or (ii) the other takes, or there are taken in respect of it, any step, action, application or proceeding in relation to the whole or any part of its undertaking for a voluntary arrangement or composition or reconstruction of its debts or its winding up, dissolution, administration, receivership (administrative or otherwise) or bankruptcy, or if any equivalent step, action, application or proceeding is taken in any relevant jurisdiction (c) rights and obligations accrued at termination or expiry of this agreement shall not be affected by such termination or expiry any provisions of this agreement intended to apply after termination or expiry shall survive termination or expiry ] 7\ liability and entire agreement (a) the advertiser shall be solely responsible for all aspects of the advertiser’s and its own business, all contributions and other material, including information, goods and services made available, offered or supplied by either of them (“ offerings ”) the advertiser shall indemnify and hold harmless fancy against any and all losses arising in connection with, or resulting from, such offerings (b) neither party shall be under any liability (whether in tort, contract or otherwise) to the other for damages for (i) loss of profit, failure to achieve incremental revenue or business, failure to increase market share; and/or (ii) consequential, contingent or indirect damages resulting from any breach of these terms and conditions or the campaign booking form nothing in these terms and conditions or the campaign booking form shall exclude or restrict a party’s rights or remedies in respect of any indemnities set out herein or therein or any fraud or any other liability which cannot be limited or excluded at law (c) these terms and conditions (inclusive of any relevant campaign booking form) is the entire agreement between the parties in relation to its subject matter and supersedes any previous agreement between the parties in relation to such matters all implied warranties, terms and conditions not expressly set out in these terms and conditions (inclusive of any relevant campaign booking form) are excluded to the greatest extent permissible by law (d) in no circumstances shall either party’s maximum aggregate liability to the other party under this these terms and conditions (inclusive of any relevant campaign booking form) exceed the fees paid or payable by the advertiser 8\ marketing consent advertiser hereby consents and agrees to receive marketing and promotional e mails from fancy regarding available offers advertiser may unsubscribe at any time from receiving marketing e mail by replying “unsubscribe,” or by clicking the “unsubscribe” button at the bottom of the e mail, or by e mailing marketing\@fancy com advertisers cannot, however, opt out of receiving e mail notices related to these terms and conditions 9\ dispute resolution; arbitration this section affects your rights, so please read carefully in the event the parties hereto are not able to resolve any dispute between them arising out of or concerning these terms and conditions (inclusive of any relevant campaign booking form), or any provisions hereof, whether arising in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved exclusively through non appearance based final and binding arbitration pursuant to the federal arbitration act, conducted by a single neutral arbitrator and administered under the commercial arbitration rules of the american arbitration association except as otherwise provided herein, this includes any claims based in contract, statute, tort, fraud, misrepresentation, or any other legal theory the exclusive venue of such arbitration shall be in irvine, california the arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction the prevailing party shall be entitled to recover its costs and reasonable attorneys’ fees this arbitration provision shall survive the termination of these terms and conditions for any reason notwithstanding the foregoing, fancy may bring a claim for injunctive relief against your violation of these terms and conditions in any court of competent jurisdiction there is no judge or jury in arbitration and court review of an arbitration award is limited, but an arbitrator can award an individual the same damages and relief as a court and must apply the law and follow the terms of these terms and conditions as a court would 10\ miscellaneous (a) each party shall keep any information supplied to it by the other which is not publicly available, together with the existence and content of these terms and conditions and any relevant campaign booking form, strictly private and confidential and will not without the other's prior written consent disclose or permit disclosure of all or part of that information to anyone else unless required to comply with law, save that fancy may disclose any information to service providers to enable it to perform the services such information will not be used for any purpose other than to perform the obligations under this agreement fancy may disclose the existence and content of these terms and conditions and any relevant campaign booking form and the advertiser’s and the advertiser’s confidential information to its sub contractors or group companies, provided that it shall ensure that such sub contractors or group companies comply with obligations of confidentiality corresponding to those which bind fancy in accordance with this section (b) any reference to a party includes its successors and assigns fancy may assign or subcontract its rights or obligations under this agreement without the need for the advertiser’s prior written consent (c) these terms and conditions do not create a partnership or (save as specified) agency between the parties (d) if any provision of these terms and conditions (inclusive of any relevant campaign booking form) is held invalid or unenforceable, that provision will be enforced to the maximum extent permitted by law and the remaining provisions will remain in full force last updated september 29, 2025