This Partner Agreement (the "Agreement") is between anySKU, LLC, a Georgia limited liability
company, 650 Ponce De Leon Ave Ste. 300, 1805, Atlanta, GA 30308 ("anySKU"), and the organization
that runs the Group described in Section 1.1, on whose behalf it is accepted ("Partner"). It takes
effect when one of the Group's administrators accepts it online, as described under Acceptance below
(the "Effective Date").
1. What this Agreement covers
1.1 The group. Partner runs the group on anySKU whose page the Agreement was accepted from (the
"Group").
Events that organizers choose to run under the Group's name are the Group's "Events."
1.2 Partner Access. Accepting this Agreement asks anySKU to turn on the following for the Group
(together, "Partner Access"). anySKU decides whether and when to turn it on. If anySKU has already
turned it on, Partner may start using it once this Agreement is accepted:
- Keys that the Group's administrators create on the Group's manage page, which let Partner's own
systems read the Group's information from anySKU's partner API;
- Webhooks, which send Partner's systems a short signed notice when something changes;
- the export of the Group's sales from the manage page; and
- the member link: an app Partner registers so that sellers can, if they choose, connect their own
anySKU accounts to Partner's systems.
1.3 The Terms still apply. Partner's use of anySKU as a user, including running the Group and its
administrators' accounts, remains under the anySKU Terms of Service (the "Terms"). This Agreement
adds to the Terms for Partner Access. If the two conflict about Partner Access, this Agreement controls.
2.1 Partner Data means everything Partner receives through Partner Access, including copies and
anything derived from it. Today that is:
- the Group's Events: names, dates, places and headline numbers;
- for each Event, each participating seller's anySKU username, booth or spot, items, orders, sales
amounts and the organizer's share;
- each order at an Event: its order number, amount, status, the organizer's share and when the share was
paid. Buyers are never identified;
- the Group's members and their roles;
- the links and QR codes for the Group's Events, including seller join links where the key allows it; and
- through the member link, and only for sellers who connect: that seller's username, the reference
Partner gave for them, and their own sales at the Group's Events.
2.2 Not personal data in the ordinary sense, but treated as if it were. Usernames, sales and
member-link data relate to identifiable people. Partner will treat all Partner Data as personal
information under this Agreement, whether or not a particular law would.
3. What Partner may use it for
3.1 Permitted Purposes. Partner may use Partner Data only to:
- run, account for and report on the Group's Events and the organizer shares connected with them;
- keep its own records of its member organizations' activity at the Group's Events;
- show a seller who connected through the member link their own activity, in Partner's own website or
records; and
- tell its own community about the Group's Events and their results, in totals that do not identify any
individual seller without that seller's agreement.
3.2 Not allowed. Partner will not:
- sell, rent, license or give Partner Data to anyone else, except to its own service providers under
Section 5.4;
- try to identify any buyer, or combine Partner Data with other information to do so;
- use Partner Data to contact sellers for marketing, fundraising or solicitation unless the seller
already has a relationship with Partner that allows it, or has agreed;
- publish any seller's individual sales without that seller's agreement;
- use Partner Data to build a competing marketplace, or to copy anySKU's listings, categories or data
in bulk;
- use Partner Data to train or improve a general-purpose AI model; or
- use Partner Data in any way the Terms would forbid a user from doing.
3.3 Sellers stay in control of the member link. A seller connects only by choosing to, and can
disconnect at any time. When a seller disconnects, anySKU stops sending Partner information about them
through the member link. Partner will then stop using the member-link data for that seller and delete
it within 30 days, except for records Partner must keep by law or for its own accounting of
amounts it actually received, which it may keep for as long as that duty lasts.
4. Donations, taxes and anySKU's name
4.1 Partner's claims are Partner's own. anySKU treats an organizer's share of sales as a commission
on sales, not as a donation, a charitable contribution or a tax-deductible payment (Terms §7.6). anySKU
does not collect or hold money for any charitable cause and does not issue donation receipts. If Partner,
or any organization in the Group, describes money connected with an Event as a gift, a donation or a
contribution, issues receipts or tax letters, or takes any tax position about it, that is Partner's own
decision and Partner's own responsibility, under its own arrangements and on its own advice.
4.2 Not in anySKU's name. Partner will not state or imply that anySKU makes any such statement, issues
any receipt, endorses any tax position, is a charity, is affiliated with a charity, or collects or
distributes money for a cause. Partner will not put anySKU's name or logo on receipts, statements, tax
letters or fundraising materials.
4.3 Using anySKU's name otherwise. Partner may say that the Group's Events take place "on anySKU" and
link to them. Any other use of anySKU's name or logo, including in press releases, needs anySKU's written
consent (email is enough).
5. Keeping Partner Data safe
5.1 Keys and secrets. Partner will keep its keys, webhook signing secrets and app secrets on its
servers only, never in a web page, a mobile app or a shared document, and will let only the people who
need them see them. If Partner believes one has been exposed, it will revoke or replace it at once on the
manage page and tell anySKU.
5.2 Security. Partner will protect Partner Data with reasonable administrative, technical and
physical safeguards suited to its sensitivity, including access limited to people who need it,
encryption in transit, and up-to-date software on systems that hold it.
5.3 Breaches. If Partner learns that Partner Data has been accessed, used or disclosed without
authorization, Partner will tell anySKU at security@anysku.com within 72 hours, cooperate with
anySKU's response, and, where the law or anySKU reasonably requires, help notify the people affected.
5.4 Service providers. Partner may let its service providers (for example, its website host or
church-management software) process Partner Data only for the Permitted Purposes, under written terms
at least as protective as this Section 5 and Section 3. Partner is responsible for what they do.
5.5 Requests from people. If a seller asks Partner to see or delete information about them, Partner
will handle the request under the law that applies to Partner. If the request should go to anySKU,
Partner will pass it to privacy@anysku.com promptly.
6. Rules for using Partner Access
6.1 Documented use only. Partner will use Partner Access only as anySKU documents it, within its rate
limits, and will not try to get around them, reach information its keys don't allow, or access anySKU in
any undocumented way.
6.2 Changes. anySKU may change, add to or retire parts of Partner Access. anySKU will give at least
30 days' notice by email before removing or changing anything in a way that would break a correct
integration, unless the change is needed sooner for security, legal or abuse reasons.
6.3 Records. anySKU keeps a record of every call made with Partner's keys and tokens (kept 90 days) and
may use it to operate, secure and support Partner Access.
7. Fees
Partner Access is provided free of charge during the term of this Agreement. If anySKU later charges
for it, anySKU will give at least 60 days' notice, and Partner may end this Agreement before any fee
applies.
8. Suspension
anySKU may suspend all or part of Partner Access immediately, with notice as soon as practical, if anySKU
reasonably believes Partner or anyone using its keys has broken this Agreement or the Terms, a key or
secret has been exposed, or continuing would harm sellers, buyers or anySKU. anySKU will restore access
once the problem is fixed, unless it ends the Agreement under Section 9.
9. Term and ending
9.1 Term. This Agreement lasts until either party ends it.
9.2 Ending. Either party may end it for any reason with 30 days' written notice (email is enough),
or immediately if the other party materially breaks it and doesn't fix the breach within 10 days of
being told.
9.3 What happens then. anySKU will turn off Partner Access, and all keys, webhooks and member-link
tokens stop working. Within 30 days Partner will delete Partner Data, except (a) totals that don't
identify any individual, (b) records it must keep by law, and (c) records of amounts it actually received,
which it may keep for as long as it needs them for its own accounting. Partner will confirm the deletion
in writing if anySKU asks. Sections 3.2, 4, 5, 9.3, 10, 11 and 12 continue after the Agreement ends.
10. Warranties and responsibility
10.1 Each party confirms it has the authority to enter this Agreement, and the person signing for it is
authorized to do so.
10.2 Partner confirms it will comply with the laws that apply to its use of Partner Data, including
privacy, consumer-protection, charitable-solicitation and tax laws.
10.3 Provided as is. Partner Access and Partner Data are provided "as is" and "as available." anySKU does
not promise that Partner Access will be uninterrupted or error-free, or that any figure is complete or
final (orders can still change after they're reported). Partner should not treat Partner Data as
official financial or tax records.
10.4 Limits on liability. Neither party is liable to the other for indirect, incidental, special or
consequential damages, or for lost profits or lost donations, even if warned they might occur. Apart from
Partner's obligations under Sections 3.2, 4 and 5 and each party's obligations under Section 11, each
party's total liability under this Agreement is limited to US $1,000.
11. Indemnity
Partner will defend anySKU, its owners, officers and employees against third-party claims, and pay the
resulting losses and reasonable lawyers' fees, to the extent the claim arises from (a) Partner's use of
Partner Data in breach of this Agreement, (b) any receipt, statement, solicitation or tax position
described in Section 4.1, or (c) a breach of Section 5 by Partner or its service providers. anySKU will
tell Partner promptly about the claim and let Partner control the defense, but may join with its own
lawyer at its own cost.
12. General
12.1 Law and venue. Georgia law governs this Agreement, without regard to its conflict-of-laws rules.
Any dispute goes to the state or federal courts in Fulton County, Georgia. (The consumer arbitration
clause in the Terms does not apply to disputes under this Agreement.)
12.2 Developer Agreement. If Partner registers an app, the anySKU Developer Agreement also applies to
that app. Where they conflict about Partner Data, this Agreement controls.
12.3 Notices. Notices go by email: to anySKU at legal@anysku.com, and to Partner at the email
addresses of the Group's administrators on anySKU. Security notices go to security@anysku.com.
12.4 Changes. anySKU may update this Agreement by publishing a new version and emailing the Group's
administrators at least 30 days before it applies. Partner Access already set up keeps working; to
set up anything new, an administrator must accept the new version. If Partner doesn't accept it, Partner
may end this Agreement under Section 9.2.
12.5 The whole agreement. This Agreement and the Terms are the whole agreement about Partner Access.
Partner may not transfer this Agreement without anySKU's consent, except to a successor running the
Group. If a part is unenforceable, the rest still applies. Not enforcing a right is not giving it up.
Acceptance
This Agreement is accepted online. An administrator of the Group accepts it by ticking "I agree to the
anySKU Partner Agreement on behalf of [the Group], and I'm authorized to" on the Group's page on anySKU.
By doing so, that person confirms they are authorized to accept it for Partner, and Partner agrees to it.
anySKU records the version accepted, who accepted it, when, and the internet address it was accepted
from, and that record is evidence of Partner's acceptance. Either party may ask for a copy of the
Agreement as accepted.