Legal and Policy Center

These CondoHQ Perks Advertiser Terms (the "Advertiser Terms") supplement and form part of the CondoHQ Terms of Service (the "Terms of Service") and apply to each Advertiser participating in CondoHQ Perks.

By accepting these Advertiser Terms or accessing or using Advertiser Hub, the Advertiser agrees to be bound by these Advertiser Terms and the Terms of Service.

Capitalized terms not defined in these Advertiser Terms have the meanings given in the Terms of Service.

If there is a conflict between these Advertiser Terms and the Terms of Service relating specifically to Perks advertising, these Advertiser Terms control.

CondoHQ Inc. ("CondoHQ") operates CondoHQ Perks ("Perks").

The "Advertiser" is the legal entity identified and approved by CondoHQ for participation in Perks.

The individual accepting these Advertiser Terms represents and warrants that the individual:

• has authority to bind the Advertiser;
• is accepting these Advertiser Terms on behalf of the Advertiser; and
• has provided accurate information regarding the Advertiser.

CondoHQ may rely on information, instructions, approvals, submissions and actions performed through the Advertiser's authenticated accounts by its authorized users, personnel and representatives.

For these Advertiser Terms:

The Advertiser is solely responsible for its Campaigns, offers, Locations, personnel, goods and services.

The Advertiser represents, warrants and covenants that:

• each Campaign and offer is accurate, complete, lawful and not false, deceptive or misleading;
• all material terms, conditions, restrictions, exclusions, eligibility requirements, expiry dates, availability limitations and other limitations are clearly disclosed;
• every stated price, regular price, reference price, discount, percentage saving, comparison, performance claim, quality claim or other objective representation is accurate, supportable and compliant with applicable law;
• it has the legal right and authority to advertise, offer, sell and fulfil all goods and services included in its Campaigns;
• it holds all licences, permits, registrations, approvals and authorizations required for its business and advertised goods or services;
• it has authority to include each participating Location in a Campaign;
• each participating Location and its personnel will honour the Campaign in accordance with its stated terms;
• all Campaign materials supplied to CondoHQ are owned by the Advertiser or properly licensed for the intended use;
• its participation in Perks complies with applicable laws, regulations, codes and industry requirements; and
• any Campaign involving a regulated product or service satisfies any additional requirements imposed by CondoHQ.

Upon request, the Advertiser must promptly provide reasonable substantiation for any pricing, discount, savings, comparative, performance, quality, environmental or other objective claim included in a Campaign.

The Advertiser is solely responsible for the quality, safety, legality, availability, sale, fulfilment, refund, exchange, warranty, customer service, taxation and regulatory compliance of its goods and services.

CondoHQ is not the seller, merchant, supplier, manufacturer, distributor or fulfilment provider of goods or services advertised through Perks.

CondoHQ's approval of a Campaign does not constitute legal, regulatory or advertising advice and does not relieve the Advertiser of its obligations.

Campaigns must comply with all content, technical, format, image, offer and other requirements made available by CondoHQ.

CondoHQ may establish or modify Campaign requirements from time to time.

The Advertiser must ensure that all Campaign information remains complete and accurate throughout the Campaign.

The Advertiser must promptly correct or notify CondoHQ of any material error, inaccuracy, change in availability or other circumstance affecting a Campaign.

The Advertiser may not materially alter, cancel or withdraw an offer in a manner that invalidates a valid resident redemption credential already issued, except where:

• the applicable Campaign terms expressly permit it;
• CondoHQ authorizes it;
• continued fulfilment would violate applicable law; or
• another exception is expressly approved by CondoHQ.

Subject to disclosed Campaign terms, the Advertiser remains responsible for honouring valid redemption credentials issued before a Campaign is paused, modified or ended.

The Advertiser is responsible for maintaining complete and accurate Location information.

Each Campaign may apply either to:

• specifically selected Locations; or
• all active Advertiser Locations.

Where a Campaign applies to all active Locations:

• Locations activated after the Campaign begins automatically become participating Locations; and
• deactivated Locations cease participating.

Personnel performing Verifications must be authorized to act for a Location participating in the applicable Campaign.

A Campaign is not valid at a Location outside its applicable scope.

The Advertiser represents and warrants that it has authority to include and bind every participating Location, including any Location operated by an affiliate, franchisee, licensee or other third party.

The Advertiser is responsible for the acts and omissions of participating Locations and their owners, franchisees, employees, contractors, agents and other personnel in connection with Perks.

A Perks offer may be fulfilled only through successful Verification or another redemption process expressly authorized by CondoHQ.

Each successful Verification must correspond to:

• a genuine eligible resident;
• a genuine transaction or use of the applicable offer; and
• the Advertiser actually honouring the applicable offer.

Honouring a Perks offer without the required Verification, or otherwise circumventing the Verification process, is a material breach of these Advertiser Terms.

A successful Verification does not excuse the Advertiser from fulfilling the offer in accordance with its stated terms.

CondoHQ may authorize an alternative redemption process during an outage, operational issue or other circumstance determined by CondoHQ.

No alternative redemption process is permitted unless authorized by CondoHQ.

No point-of-sale, payment-system or other third-party integration is included or promised unless expressly agreed by CondoHQ in writing.

The Advertiser must not:

• Verify a Redemption without honouring the corresponding offer;
• create, induce, fabricate, falsify or manipulate Redemptions;
• perform a Verification without the resident present or participating in the applicable transaction, except where CondoHQ expressly permits another process;
• reuse, duplicate, copy, photograph, retain or reproduce a resident redemption credential for unauthorized use;
• split, duplicate or manipulate transactions for the purpose of generating additional Redemptions;
• encourage residents, personnel or third parties to circumvent Verification;
• manipulate Campaign metrics, reporting, attribution or billing;
• use test transactions or artificial activity to generate Redemptions;
• process out-of-scope Redemptions through another Location, account or credential;
• interfere with CondoHQ's security, fraud-prevention, Verification, measurement, reporting or billing systems; or
• otherwise attempt to create or obtain artificial Campaign activity.

CondoHQ may disregard, reverse, remove or credit activity that CondoHQ reasonably determines resulted from fraud, abuse, duplication, testing, technical error or other invalid activity.

An Advertiser employee or staff member who is also a genuine resident of an eligible property may redeem an offer available to that resident once per Campaign, subject to the same Campaign terms as other eligible residents.

That Redemption is a billable CPA Redemption.

Artificial, coordinated or repeated employee redemption activity is prohibited.

CondoHQ's records relating to Campaign activity, Redemptions, Verifications, Campaign classification, Locations, billing, payment activity and other Perks activity are authoritative absent manifest error.

A successful Redemption recorded by CondoHQ is billable regardless of whether the Advertiser separately records the transaction in its point-of-sale, accounting or other systems.

The Advertiser must dispute an invoice or Redemption count within 30 days after the applicable invoice or billing record is made available.

The Advertiser must provide reasonable supporting information identifying the disputed amount or Redemption.

After that period, the applicable invoice and Redemption count are deemed accepted except in the case of manifest error.

CondoHQ may correct a manifest error, duplicate charge, calculation error, invalid Redemption or other billing error when discovered.

The Perks Program Fee is CAD $99 per month while the Advertiser maintains an active Perks advertiser subscription.

Where CondoHQ supports another billing currency, CondoHQ may establish the applicable Program Fee for that currency.

The Program Fee recurs until the Advertiser cancels its Perks advertiser subscription or CondoHQ suspends or terminates it.

Cancellation stops future recurring Program Fees in accordance with the applicable billing cycle and does not result in a prorated refund of a fee already accrued.

The Program Fee is payable solely to CondoHQ.

The Standard Campaign fee equals the number of active paid Standard Campaigns multiplied by the applicable Standard Campaign price accepted by the Advertiser.

Standard Campaign fees recur while the applicable paid Campaign remains active.

Pausing or cancelling a Standard Campaign stops future recurring Standard Campaign fees in accordance with the applicable billing cycle but does not reverse or prorate fees already accrued.

Standard Campaign fees are non-refundable once accrued except where expressly stated by CondoHQ or required by applicable law.

Featured fees are based on the Featured inventory, period and price accepted by the Advertiser when booking.

Unless CondoHQ expressly permits otherwise, an Advertiser may occupy no more than one Featured position per property at one time.

A confirmed Featured booking reserves premium inventory.

Confirmed Featured bookings are non-cancellable and non-refundable except where CondoHQ expressly agrees otherwise or applicable law requires otherwise.

If Featured serving is interrupted or cancelled because of the Advertiser's breach, payment failure, policy violation, inaccurate information or other act or omission, the Advertiser is not entitled to a refund, credit, extension or replacement booking.

If CondoHQ cancels paid Featured inventory solely for its own convenience and not because of the Advertiser, the Advertiser's sole remedy is, at CondoHQ's option:

• substantially comparable replacement inventory;
• an account credit; or
• a refund of the affected unused portion of the applicable Featured fee.

CPA accrues for each qualifying successful Redemption.

For Advertisers billed in Canadian dollars, CPA may not be less than CAD $2.00 per qualifying Redemption.

For another supported billing currency, CondoHQ may establish the applicable minimum CPA.

CPA does not affect Standard ranking.

CPA charges may be invoiced on the Advertiser's applicable billing cycle and may appear as an aggregate invoice line.

The Advertiser's obligation to pay CPA is independent of any separate revenue-sharing or other commercial arrangement CondoHQ may have with a condominium corporation, property manager or other third party.

All fees and CPA amounts are exclusive of applicable taxes.

The Advertiser must provide and maintain complete and accurate billing and tax information.

Applicable taxes may be calculated based on the Advertiser's billing information and applicable law.

The Advertiser is responsible for taxes imposed on its purchases from CondoHQ except taxes imposed on CondoHQ's net income.

Each Advertiser has a designated billing currency.

All fees and CPA amounts are charged in that billing currency.

CondoHQ does not provide foreign exchange services.

Any foreign exchange, currency conversion, card issuer, banking or payment-provider fees imposed on the Advertiser are the Advertiser's responsibility.

The Advertiser authorizes CondoHQ and its payment processors to charge the payment method on file for:

• Program Fees;
• Standard Campaign fees;
• Featured fees;
• CPA;
• applicable taxes;
• reversals or adjustments properly chargeable to the Advertiser; and
• other amounts payable under these Advertiser Terms.

The Advertiser must maintain a valid payment method while it has an active Perks subscription, active paid Campaign, confirmed Featured booking, unpaid balance or other payment obligation.

All accrued amounts are payable whether or not they have yet been invoiced.

Failure or inability to collect an amount when due does not waive the Advertiser's obligation to pay it.

A chargeback, payment reversal or payment-provider dispute does not extinguish an underlying payment obligation where the applicable amount was validly incurred.

CondoHQ may retry payment collection and may suspend Campaign serving, restrict Advertiser Hub functionality, release inventory or require payment before further participation in Perks.

Amounts not paid when due may accrue interest at 18% per annum, or the maximum lawful rate if lower, from the due date until paid.

The Advertiser is responsible for reasonable costs incurred by CondoHQ in collecting overdue amounts, including reasonable legal and collection costs, to the extent permitted by applicable law.

Except where expressly stated in these Advertiser Terms or required by applicable law, all fees are non-cancellable and non-refundable once accrued.

To the maximum extent permitted by applicable law, all amounts payable to CondoHQ must be paid in full without set-off, deduction, withholding, counterclaim or reduction.

The Advertiser may not withhold amounts owed to CondoHQ because of a dispute with a resident, participating property, payment provider or other third party.

Standard Campaign placement, ordering, recommendations, frequency and visibility are determined by CondoHQ using factors selected by CondoHQ and may change from time to time.

A higher CPA can increase how often a Standard Campaign appears relative to otherwise similar Campaigns. Distance, historical Redemption performance and other factors selected by CondoHQ still affect ranking. CPA does not buy Featured inventory, exclusivity or any guaranteed position.

Featured is premium inventory within Perks and does not guarantee placement elsewhere in the Services.

Unless expressly agreed by CondoHQ in writing, no Campaign receives category exclusivity, merchant exclusivity or any other exclusivity.

CondoHQ does not guarantee:

• any minimum number of impressions;
• any minimum number of residents reached;
• claims;
• Redemptions;
• transactions;
• revenue;
• conversion rate;
• return on advertising spend;
• Campaign visibility at all times;
• any particular Standard ranking or placement; or
• any other Campaign or business result.

CondoHQ may modify Perks layouts, algorithms, ranking methods, inventory structures, placement logic and presentation at any time.

CondoHQ may modify the format, dimensions, presentation or location of Featured inventory as Perks evolves.

For an existing confirmed Featured booking, CondoHQ will use commercially reasonable efforts to provide substantially comparable premium placement where the original inventory format is no longer available.

A change in format, design, dimensions or placement that provides substantially comparable premium inventory does not entitle the Advertiser to a refund, credit or cancellation.

CondoHQ may stop or restrict Campaign serving while:

• billing is blocked;
• payment is overdue;
• required payment authentication is incomplete;
• an account or Campaign is under review;
• the Advertiser or Campaign is suspended;
• fraud or security concerns are being investigated; or
• serving is otherwise restricted under these Advertiser Terms.

CondoHQ may temporarily retain a Featured booking during a payment retry or grace period determined by CondoHQ.

After that period, CondoHQ may release the inventory without liability to the Advertiser.

Advertisers receive only Campaign performance information made available by CondoHQ, which may include aggregate shown, claimed and redeemed metrics.

Advertisers do not receive through Perks:

• resident personal information;
• unit or suite information;
• resident rosters;
• building-wide resident lists;
• building-wide resident counts; or
• information identifying residents who viewed or claimed a Campaign,

except where information is lawfully provided directly by a resident in connection with a resident-initiated transaction.

CondoHQ may aggregate, suppress, delay, round, adjust or withhold reporting where reasonably necessary to protect:

• resident privacy;
• confidential information;
• commercially sensitive information;
• platform security;
• fraud controls; or
• the integrity of Perks.

Campaign analytics may include estimated, delayed, deduplicated, suppressed or adjusted information and are not guaranteed to be error-free or real-time.

The Advertiser must not attempt to identify, re-identify, profile or infer the identity, unit, property association or personal information of a resident from Perks reporting.

The Advertiser must not combine Perks reporting with other information for the purpose of identifying an individual resident.

Participation in Perks does not give the Advertiser a right to obtain resident contact information or communicate directly with residents through CondoHQ.

Any communication functionality made available by CondoHQ may be used only for its intended purpose and in accordance with applicable law and CondoHQ requirements.

Where a resident independently provides information to the Advertiser in connection with a transaction, the Advertiser is solely responsible for its collection, use, retention, protection and disclosure of that information.

The Advertiser grants CondoHQ and its service providers a non-exclusive, worldwide, royalty-free licence to host, reproduce, display, distribute, transmit, resize, crop, format and otherwise technically adapt the Advertiser's:

• business name;
• trademarks;
• logos;
• images;
• Campaign content;
• offer content; and
• other materials submitted for Perks,

as reasonably necessary to operate, display, administer and promote Perks and the applicable Campaigns.

The licence continues for reasonable archival, audit, evidentiary, fraud-prevention and compliance purposes after a Campaign ends.

CondoHQ will not knowingly make a material change to the economic substance of an Advertiser's offer without approval.

The Advertiser represents and warrants that it has all rights necessary to grant this licence and that CondoHQ's permitted use of the materials will not infringe third-party rights.

Nothing in these Advertiser Terms grants the Advertiser any ownership interest in Perks, Advertiser Hub, CondoHQ technology, CondoHQ Intelligence or other CondoHQ intellectual property.

The Advertiser may not use CondoHQ's name, trademarks, logos, screenshots, interfaces, branding or other intellectual property outside its approved participation in Perks without CondoHQ's prior written consent.

The Advertiser must not state or imply that CondoHQ has authorized any use not expressly permitted.

Participation in Perks does not constitute an endorsement, recommendation, sponsorship, certification or guarantee of the Advertiser or its goods or services by:

• CondoHQ;
• any condominium corporation;
• any board of directors;
• any property manager;
• any building operator;
• any participating property; or
• any other Protected Party.

The Advertiser must not state or imply otherwise without the applicable party's prior written authorization.

CondoHQ may reject, restrict, suspend or remove any Advertiser, Campaign, offer, product, service, content or category that:

• violates applicable law;
• violates these Advertiser Terms or another CondoHQ policy;
• creates or may create safety, security, regulatory, reputational or community concerns;
• contains misleading, deceptive, offensive or inappropriate content;
• may expose CondoHQ or another Protected Party to liability or risk;
• may undermine resident trust or Perks integrity; or
• CondoHQ otherwise reasonably determines is inappropriate for Perks.

Unless CondoHQ expressly permits otherwise, prohibited categories include:

• cannabis and cannabis-related products;
• tobacco, nicotine and vaping products;
• weapons and weapons-related products;
• adult sexual products or services;
• payday loans and high-cost lending;
• gambling and wagering;
• illegal or unlawfully offered goods or services; and
• other categories designated as prohibited by CondoHQ.

Alcohol-related Campaigns require prior CondoHQ approval.

CondoHQ may impose additional category-specific restrictions, documentation, insurance or approval requirements.

CondoHQ may withdraw a previous approval where reasonably necessary for legal, compliance, safety, operational, reputational or community reasons.

The Advertiser is responsible for safeguarding its Advertiser Hub accounts, credentials, devices and access permissions.

The Advertiser is responsible for activity performed through its authenticated accounts by its users, personnel and representatives.

The Advertiser must:

• restrict access to authorized personnel;
• maintain appropriate permissions;
• promptly remove access no longer required;
• prevent unauthorized credential sharing;
• use reasonable security measures to protect accounts and devices; and
• promptly notify CondoHQ of suspected unauthorized access, credential compromise or misuse.

Until CondoHQ receives notice of suspected unauthorized access or misuse, CondoHQ may reasonably rely on activity performed through the Advertiser's authenticated accounts as authorized by the Advertiser.

CondoHQ may require credential resets, disable users, restrict access or take other protective measures where an account may be compromised or misused.

CondoHQ may monitor Campaign activity, account activity and Redemption patterns for fraud, circumvention, unusual activity, billing integrity, security and compliance.

CondoHQ is not required to detect or prevent every instance of fraud, improper Redemption, account misuse or off-system fulfilment.

The Advertiser must maintain records reasonably sufficient to substantiate:

• Campaign claims;
• pricing representations;
• reference prices;
• discount and savings claims;
• eligibility requirements;
• fulfilment;
• Campaign terms;
• Perks-related complaints; and
• compliance with these Advertiser Terms.

Unless applicable law requires a longer period, those records must be retained for at least three years after the applicable Campaign ends.

The Advertiser must provide information reasonably requested by CondoHQ in connection with a complaint, billing dispute, compliance review, suspected fraud, security issue, regulatory inquiry or investigation.

If the Advertiser fails to honour a valid Campaign, improperly processes a Redemption or otherwise causes a resident loss through a breach of these Advertiser Terms, CondoHQ may, but is not obligated to, provide the affected resident with a reasonable credit, reimbursement or other remediation.

The Advertiser must reimburse CondoHQ for reasonable amounts provided as remediation arising from the Advertiser's breach, together with directly related payment-processing and administrative costs reasonably incurred by CondoHQ.

CondoHQ may charge or invoice such amounts to the Advertiser or set them off against amounts otherwise payable or creditable to the Advertiser.

Providing remediation:

• does not waive the Advertiser's breach;
• does not limit any other CondoHQ right or remedy; and
• does not create an obligation for CondoHQ to provide remediation in another circumstance.

The Advertiser must maintain all insurance required by applicable law and insurance reasonably appropriate to the nature of its business, goods, services and Campaigns.

CondoHQ may establish additional insurance requirements for particular Advertisers, Campaign categories, goods or services.

Upon reasonable request, the Advertiser must provide evidence of required coverage.

CondoHQ's review or acceptance of insurance does not reduce the Advertiser's obligations or liability.

CondoHQ may immediately suspend, restrict or terminate an Advertiser's participation in Perks, any Campaign, Location, Advertiser Hub access, user access, Verification authority or Campaign serving where CondoHQ reasonably determines that:

• an amount is unpaid or uncollectible;
• the Advertiser breached these Advertiser Terms or the Terms of Service;
• the Advertiser or its personnel circumvented Verification;
• the Advertiser engaged in suspected fraud, manipulation or abuse;
• a Campaign may violate applicable law or CondoHQ policy;
• the Advertiser supplied inaccurate, misleading or incomplete information;
• activity creates a security, legal, regulatory, operational or reputational risk;
• continued participation could adversely affect residents, Customers, properties, CondoHQ or another Protected Party;
• an account or credential may be compromised; or
• suspension is otherwise reasonably necessary to protect Perks or its participants.

CondoHQ may also:

• cancel current or future Campaigns;
• release Featured inventory;
• cancel Featured bookings without refund where the action results from the Advertiser;
• disable Locations or users;
• restrict or terminate Advertiser Hub access;
• refuse future Campaigns; and
• prohibit the Advertiser or related entities from future participation in Perks.

Suspension or termination does not relieve the Advertiser of payment obligations.

All accrued fees and other amounts, whether billed or unbilled, remain due and payable following suspension, cancellation or termination.

Amounts relating to valid Redemptions occurring before termination remain payable even if invoiced after termination.

The Advertiser remains responsible for:

• outstanding Campaign obligations;
• valid resident redemption credentials required to be honoured under these Advertiser Terms;
• chargebacks and reversals;
• resident remediation;
• indemnification obligations;
• collection costs;
• outstanding taxes; and
• other amounts properly owing to CondoHQ.

Provisions that by their nature should survive termination, including provisions concerning payments, records, intellectual property, data restrictions, resident remediation, indemnification, disclaimers, limitation of liability, dispute resolution and confidentiality, survive termination.

In addition to any indemnification obligations under the Terms of Service, the Advertiser will defend, indemnify and hold harmless the Protected Parties from and against claims, demands, proceedings, investigations, losses, damages, liabilities, penalties, fines, judgments, settlements, costs and expenses, including reasonable legal fees, arising out of or relating to:

• any Campaign or offer;
• the Advertiser's goods or services;
• pricing, discount, savings, reference-price, comparative, performance or advertising claims;
• fulfilment or failure to fulfil an offer;
• refunds, exchanges, warranties or customer-service disputes;
• personal injury, property damage or other harm arising from the Advertiser's goods, services, Locations or personnel;
• participating Locations, affiliates, franchisees, licensees, contractors, employees, agents or representatives;
• Campaign materials or infringement of third-party rights;
• the Advertiser's collection, use, protection or disclosure of personal information;
• taxes for which the Advertiser is responsible;
• violation of applicable law;
• fraud, manipulation, abuse or off-system fulfilment by the Advertiser or its personnel;
• resident claims or complaints arising from the Advertiser's conduct;
• unauthorized use of CondoHQ or property branding;
• account misuse attributable to the Advertiser or its personnel; or
• breach of these Advertiser Terms or the Terms of Service.

CondoHQ may participate in or assume control of the defence of a matter subject to indemnification, using counsel of its choosing, where reasonably necessary to protect the interests of a Protected Party.

The Advertiser may not settle a claim in a manner that:

• admits liability by a Protected Party;
• imposes an obligation on a Protected Party;
• requires payment by a Protected Party;
• restricts a Protected Party's operations; or
• otherwise adversely affects a Protected Party,

without CondoHQ's prior written consent.

Perks is an advertising, discovery and Redemption-verification platform.

To the maximum extent permitted by applicable law, Perks is provided on an "as is" and "as available" basis.

CondoHQ does not warrant that Perks will be uninterrupted, error-free, continuously available or free from delays, outages, defects, security events or third-party service failures.

CondoHQ is not responsible for:

• the Advertiser's goods or services;
• merchant or Location personnel;
• resident transactions with the Advertiser;
• disputes between the Advertiser and a resident;
• the Advertiser's compliance with applicable law;
• Campaign performance or business results;
• inaccurate Advertiser information;
• unauthorized activity caused by the Advertiser's failure to safeguard its accounts or credentials; or
• acts or omissions of Third-Party Services.

The warranty disclaimers in the Terms of Service apply fully to Perks.

The limitations and exclusions of liability in the Terms of Service apply fully to Perks.

Without limiting those provisions, and to the maximum extent permitted by applicable law, CondoHQ's aggregate liability arising specifically out of or relating to the Advertiser's participation in Perks shall not exceed the greater of:

• CAD $500; and
• the fees actually paid by the Advertiser to CondoHQ specifically for Perks during the three months immediately preceding the event giving rise to the claim.

This Section does not increase any liability otherwise excluded, disclaimed or limited under the Terms of Service.

Nothing in these Advertiser Terms expands CondoHQ's liability under the Terms of Service.

Participation in Perks does not create a partnership, joint venture, franchise, employment, fiduciary, brokerage, sales representative or agency relationship between CondoHQ and the Advertiser.

The Advertiser has no authority to bind CondoHQ, a Customer, a condominium corporation, a property manager, a property or any other Protected Party.

Except as expressly provided in another written agreement, no resident, Customer, condominium corporation, property manager, participating Location, franchisee or other third party is a beneficiary of these Advertiser Terms or has a right to enforce them.

The Advertiser acknowledges that unauthorized use or disclosure of data, misuse of CondoHQ intellectual property, interference with platform security, fraud, circumvention or other serious platform abuse may cause harm for which monetary damages may not provide an adequate remedy.

CondoHQ may seek injunctive, equitable or other relief available at law in addition to other available remedies.

CondoHQ's rights and remedies under these Advertiser Terms are cumulative.

The exercise of one right or remedy does not prevent CondoHQ from exercising another.

The Advertiser may not assign, transfer, delegate or otherwise dispose of these Advertiser Terms or any right or obligation under them, whether voluntarily, by operation of law, through a change of control or otherwise, without CondoHQ's prior written consent.

Any attempted assignment or transfer in violation of this Section is void to the extent permitted by applicable law.

CondoHQ may assign or transfer these Advertiser Terms in accordance with the Terms of Service.

If any provision or portion of these Advertiser Terms is determined by a court or tribunal of competent jurisdiction to be invalid, illegal or unenforceable, that provision or portion will be severed only to the minimum extent necessary.

The remaining provisions continue in full force and effect.

The invalidity, illegality or unenforceability of one provision or portion does not affect the validity or enforceability of any other provision.

A failure or delay by CondoHQ in exercising a right, power or remedy under these Advertiser Terms does not constitute a waiver.

A waiver is effective only if expressly made in writing by CondoHQ and applies only to the specific circumstance for which it is given.

A waiver of one breach does not constitute a waiver of another or subsequent breach.

CondoHQ may modify Perks functionality, Campaign formats, inventory structures, technical requirements, pricing structures, billing cycles, ranking methods, eligibility criteria, restricted categories, Verification processes, reporting and other operational aspects of Perks from time to time.

CondoHQ may update these Advertiser Terms in accordance with the amendment provisions of the Terms of Service.

Changes do not retroactively alter fees already accrued or the price of a confirmed Featured booking unless:

• agreed by the Advertiser;
• required by applicable law; or
• resulting from applicable taxes or government-imposed charges.

CondoHQ may require affirmative acceptance of a material update before the Advertiser continues to access Advertiser Hub, create or operate Campaigns, book Featured inventory or otherwise participate in Perks.

The Advertiser agrees to receive operational and account communications reasonably necessary to administer Perks, including Campaign, inventory, account, billing, payment, authentication, fraud, security, compliance and serving-status notices.

Consent to these operational communications does not constitute consent to unrelated marketing communications where separate consent is required by applicable law.

The Advertiser is responsible for maintaining accurate account and contact information.

These Advertiser Terms form part of the agreement governing the Advertiser's access to and use of the Services.

The Terms of Service continue to apply, including provisions concerning:

• access and use;
• account responsibility;
• security;
• intellectual property;
• CondoHQ Intelligence;
• fees and payments;
• Third-Party Services;
• suspension;
• investigations;
• confidentiality;
• indemnification;
• warranty disclaimers;
• limitations of liability;
• force majeure;
• dispute resolution;
• records and evidence;
• survival;
• assignment;
• severability;
• waiver; and
• other general contractual matters.

Where there is a conflict relating specifically to Perks advertising, these Advertiser Terms control.

These Advertiser Terms, together with the Terms of Service and Campaign-specific pricing, bookings or other commercial terms expressly accepted by the Advertiser, constitute the agreement governing the Advertiser's participation in Perks.

The Advertiser acknowledges that it has not relied on any representation, projection, estimate, forecast or promise regarding:

• Campaign performance;
• resident reach;
• impressions;
• claims;
• Redemptions;
• transactions;
• revenue;
• conversion;
• return on advertising spend;
• ranking;
• Featured performance; or
• any other business result,

except where expressly stated in a written agreement accepted by CondoHQ.

No oral statement, presentation, estimate, sales discussion, email or other communication modifies these Advertiser Terms unless expressly agreed in writing by CondoHQ.

The Advertiser agrees that electronic acceptance, records and communications may be used in connection with these Advertiser Terms and Perks.

CondoHQ may maintain electronic records of:

• the accepting user;
• the Advertiser legal entity;
• the date and time of acceptance;
• the version of these Advertiser Terms accepted;
• account and technical information associated with acceptance;
• Campaign creation, approval and changes;
• Locations;
• payment authorizations;
• Redemptions;
• billing and payment activity;
• account activity; and
• other material Perks activity.

Such records may be used as evidence of the applicable transaction, authorization, instruction, acceptance, payment or activity in accordance with the Terms of Service and applicable law.