Merchant Agreement

Effective Date: March 29, 2026

1. Merchant Obligations

As a Kivara merchant, you agree to: honor all coupons issued through contests you create; maintain accurate business information; respond to customer inquiries related to Kivara promotions; and comply with all applicable local, state, and federal laws.

2. Fees

Contest entry fee: $199 per contest. Engagement fee: $0.50 per participant vote (billed at contest close). Featured placement: $25 per day. Platform take rate: 4% on coupon redemption order value. All fees are non-refundable once a contest goes live.

3. Coupon Responsibility

Merchants are solely responsible for funding, honoring, and managing coupons attached to their contests. Kivara facilitates delivery but does not guarantee redemption rates or customer satisfaction.

4. Data Access

Merchants receive aggregated contest analytics (vote counts, category trends, redemption rates). Merchants do not receive individual user personal information. Use of Kivara data for purposes other than improving your business operations on the Kivara platform is prohibited.

5. Termination

Either party may terminate this agreement with 30 days' written notice for convenience. Active contests will be allowed to complete. Outstanding fees remain due upon termination.

5a. Immediate Termination for Cause

Kivara reserves the right to immediately terminate any merchant account without prior notice and without refund for: submission of prohibited content (explicit, hateful, religious, political, violent, or fraudulent material); trademark infringement or misuse of competitor brands; vote manipulation or engagement fraud; misrepresentation of business information; violation of any term of this Agreement or the Terms of Service. Upon immediate termination, all active contests are cancelled, all fees paid are forfeited, all coupon codes are deactivated, and the merchant's profile is removed from the marketplace. This right is non-negotiable and exercised at the sole discretion of CloudFran Technologies.

6. Indemnification

Merchant agrees to indemnify and hold harmless Kivara and CloudFran Technologies from any claims, damages, or expenses arising from merchant's contests, coupons, products, or services.

7. Intellectual Property

The Kivara visual preference marketplace system, including its contest mechanics, AI market generation engine, and engagement-to-loyalty pipeline, is patent pending and the exclusive property of CloudFran Technologies. Merchants may not replicate, reverse-engineer, or create derivative platforms.