Welcome to the myhousr Brand Partner Terms & Conditions (“Agreement”) that govern the relationship between myhousr (“we,” “us,” or “our”) and participating Brand Partners, (“brandpartners”, “Partners” or “you” ).
By enrolling in the program, or using the app, you agree to these Terms, which include promoting your brand through the myhousr platform and offering exclusive perks to students.
- Program Overview
The myhousr brandpartner program is designed to:
a. Connect local businesses with a vibrant student audience (“Users”) through the myhousr app.
b. Facilitate the promotion of products and services via tailored advertising campaigns.
c. Enable brandpartners to offer exclusive perks (“Perks”) and discounts to myhousr Users.
brandpartners can select from a variety of packages, each tailored to meet specific business goals and needs. Full package details, pricing, and features can be found on our website at www.myhousr.com
- Eligibility
To join the program, you must:
a. Operate a legally recognized business.
b. Offer goods, services, or experiences that align with the interests of myhousr’s student community.
c. Agree to provide exclusive perks for myhousr app Users.
d. myhousr reserve the right to remove any brandpartner at any time with notice.
- brandpartner Packages
Brandpartner may choose from different package tiers as outlined on our website. Each package offers a unique combination of:
- Advertising placements (e.g., banners, featured listings).
- Access to bespoke marketing campaigns.
- Collaboration with student ambassadors.
- Opportunities to participate in events and promotions.
- Packages are available in thirty (30) day; six (6) month; twelve (12) month options. The End Date is calculated from the date of signing; or agreeing digitally to the online agreement.
- Package Upgrades
Brandpartner’s may select their preferred package during onboarding. Upgrades to higher-tier packages are allowed at any time, subject to updated pricing.
- Custom Solutions
brandpartner’s requiring bespoke solutions may contact myhousr for a custom package tailored to their specific needs.
- Perks and Offers
Brandpartner’s must provide exclusive Perks, discounts, or offers that are accessible to myhousr Users. The terms of each Perk (e.g., redemption limits, expiration dates) must be clear and honoured to any eligible myhousr User. Any changes to Perks must be communicated to myhousr promptly.
- Expectations of a brandpartner
a. Relationship between brandpartners. Becoming a brandpartner of myhousr establishes a relationship solely between You (the brandpartner) and myhousr. This agreement does not create any official, implied, or otherwise formalized partnership, endorsement, or affiliation between You and any other myhousr brandpartner, customer, school or affiliate.
b. No shared responsibilities. brandpartners are not responsible for the actions, commitments, or obligations of other myhousr brandpartners. Any collaboration between Partners outside the myhousr platform is entirely independent and is not endorsed or facilitated by myhousr unless explicitly agreed upon in writing.
c. Advertising content. brandpartners must provide high-quality, accurate advertising materials aligned with their selected package. All content must comply with myhousr’s advertising guidelines.
d. Collaboration. Actively engage with myhousr marketing and partner activation teams to ensure the success of campaigns and promotions. Provide timely feedback to improve engagement and delivery.
e. Redemption process. Ensure that Perks and offers are easy to redeem for students. Address any redemption issues promptly to maintain User satisfaction.
- Fees and Payments
a. Package fees. Package fees are detailed on our website (www.myhousr.com) and confirmed during onboarding. Additional charges may apply for optional features or events.
b. Payment Schedule. Payments must be made in accordance with the options available online during signup. Payments are in advance, late payments may result in suspension of services or termination of the agreement.
- Support and Analytics
Depending on the package, brandpartners will receive varying levels of support, from general assistance to dedicated account management. Regular analytics reports will provide insights into campaign performance, User interactions, and perk redemption rates.
- Termination
a. Termination by either party. Either party may terminate this agreement with 30 days’ written notice of the end date of their individual agreement.
b. Termination for cause. myhousr reserves the right to terminate immediately if the Partner:
i. Breaches these Terms.
ii. Provides misleading offers or damages myhousr’s reputation.
c. Post-Termination obligations. Partners must remove all references to myhousr from their marketing materials. Outstanding Perks must still be honoured for students who claimed them prior to termination.
- Limitation of liability
myhousr’s liability is limited to the fees paid by the brandpartner in the last 2 (two) months. myHousr is not responsible for indirect, incidental, or consequential damages.
- Term and Termination.
This Agreement will continue in effect until terminated by either party in accordance with this Section (“Term”). myhousr is authorized to terminate this Agreement, at any time for any reason, upon written notice to brandpartner. brandpartner is authorized to terminate this Agreement upon thirty (30) business days prior written notice to myhousr. Termination of this Agreement will not in any way affect brandpartner‘s obligation to redeem any Perk according to the terms of this Agreement, including the obligation to honour the Perk. Provisions in this Agreement that are intended to survive termination will continue in full force and effect after the Term.
- Where myhousr invites a brandpartner to participate either with or without myhousr at an onsite event the brandpartner will become an extension of myhousr and be bound by any and all terms that exist either in writing or verballing with the Customer host.
- Intellectual Property Rights
a. brandpartner grants to myhousr a non-exclusive, worldwide, royalty free, paid-up, perpetual, irrevocable, transferable and sub-licensable license and right to use, modify, reproduce, sublicense, publicly display, distribute, broadcast, transmit, stream, publish and publicly perform: (a) brandpartner’s name, logos, trademarks, service marks, domain names, and any audiovisual content, video recordings, audio recordings, photographs, graphics, artwork, text and any other content provided, specified, recommended, directed, authorized or approved to use by brandpartner (collectively, “brandpartner IP”); and (b) any third party’s name, logos, trademarks, service marks, domain names, audiovisual recordings, video recordings, audio recordings, photographs, graphics, artwork, text and any other content provided, specified, recommended, directed, authorized or approved for use by brandpartner (collectively, “Third Party IP”), in each case in connection with the promotion, sale/resale (as may be applicable) or distribution of the brandpartner offering in all media or formats now known or hereinafter developed (“License”). Any use of the brandpartner IP or Third Party IP as contemplated in this Agreement is within myhousr’s sole discretion.
b. brandpartner acknowledges and agrees that, as between the parties, myhousr owns all interest in and to the App, Website, Customer Data, myhousr trade names, logos, trademarks, service marks, domain names, social media identifiers, all data collected through or from the Website, all audiovisual content, video recordings, audio recordings, photographs, graphics, artwork, text or any other content created by myhousr or at myhousr’s direction, or assigned to myhousr, and any materials, software, technology or tools used or provided by myhousr to promote, sell/resell (as may be applicable) or distribute the brandpartner Perk and conduct its business in connection therewith (collectively “myhousr IP”). brandpartner shall not use, sell, rent, lease, sublicense, distribute, broadcast, transmit, stream, place shift, transfer, copy, reproduce, download, time shift, display, perform, modify or timeshare the myhousr IP or any portion thereof, or use such myhousr IP as a component of or a base for products or services prepared for commercial use, sale, sublicense, lease, access or distribution, except that myhousr grants brandpartner a limited, non-exclusive, revocable, non-transferable, non-sub licensable license during the Term to use one copy of myhousr’s app or software application on a single mobile computer, tablet computer, or other device, solely for the purposes permitted by that software, and to make one copy of the software for back-up purposes. brandpartner shall keep the myhousr IP confidential, and shall not prepare any derivative work based on the myhousr IP or translate, reverse engineer, decompile or disassemble the myhousr IP. brandpartner shall not take any action to challenge or object to the validity of myhousr’s rights in the myhousr IP or myhousr’s ownership or registration thereof. Except as specifically provided in this Agreement, brandpartner and any third party assisting brandpartner with its obligations in this Agreement, are not authorized to use myhousr IP in any medium without prior written approval from an authorized representative of myhousr. brandpartner shall not include any trade name, trademark, service mark, domain name, social media identifier, of myhousr or its affiliates, or any variant or misspelling thereof, in any trademark, domain name, email address, social network identifier, metadata or search engine keyword. brandpartner shall not use or display any myhousr IP in a manner that could reasonably imply an endorsement, relationship, affiliation with, or sponsorship between brandpartner or a third party and myhousr. All rights to the myhousr IP not expressly granted in this Agreement are reserved by myhousr.
- Representations and Warranties
a. brandpartner represents and warrants that: (a) brandpartner has the right, power and authority to enter into this Agreement; (b) brandpartner, if required by applicable law, is registered for sales and use tax collection purposes in all jurisdictions where brandpartner’s goods and services will be provided; (c) the Perk, upon being delivered by myhousr, will be available immediately for redemption and brandpartner will have sufficient goods and/or services available for redemption to fulfil its perk obligations; (d) the terms and conditions of the Perk, including any discounts or goods and services offered thereunder do not and will not violate any, local, state, provincial, territorial or federal law, statute, rule, regulation, or order, including but not limited to, any law or regulation governing the use, sale, and distribution of alcohol and any laws governing vouchers, gift cards, coupons, and gift certificates; (e) the brandpartner’s redemption of the Perk will result in the bona fide provision of goods and/or services by brandpartner to the user; (f) brandpartner owns all interest in and to the brandpartner IP and has licensing rights in (with the right to sublicense to myhousr) the Third Party IP, and has the right to grant the License stated in this Agreement; (g) the brandpartner IP and the Third Party IP, the brandpartner Perk, myhousr’s use and promotion thereof, and the results of such brandpartner Perk, will not infringe, dilute, misappropriate, or otherwise violate, anywhere in the world, any patent, copyright, logo, trademark, service mark, trade name, rights in designs, or other intellectual property right or right of privacy or publicity of any third party or any applicable law, and does not and will not result from the misappropriation of any trade secret or the breach of any confidentiality obligations to any person or entity; (h) the brandpartner IP and Third Party IP does not include any material that is unlawful, threatening, abusive, defamatory, vulgar, obscene, profane or otherwise objectionable, or that encourages conduct that constitutes a criminal offense, gives rise to civil liability or otherwise violates any law; (i) the Perks and any advertising or promotion of brandpartner’s goods and services relating thereto will not constitute false, deceptive or unfair advertising or disparagement under any applicable law; (j) brandpartner and its employees, contractors and agents have had the proper education and training and hold all required and up-to-date regulatory authorization, licenses and certifications relating to any brandpartner Perk to provide the goods or services described in this Agreement; (k) brandpartner’s business information details as provided in this Agreement, are accurate (l) brandpartner is not authorized to resell, broker or otherwise disclose any myhousr data to any third party, in whole or in part, for any purpose, and brandpartner is not authorized to copy or otherwise reproduce any myhousr data other than for the purpose of redeeming or verifying the validity of Perks in connection with this Agreement (m) the brandpartner Offering is: (i) free from defects in workmanship, materials and design, (ii) brandpartner able and suitable for the purposes, if any, stated in the Agreement, and (iii) genuine, bona fide products, as described herein and does not violate the rights of any third party.
- Indemnification
To the extent allowed under applicable law, brandpartner agrees to defend, indemnify and hold myhousr, its affiliated and related entities, and any of its respective officers, directors, agents and employees, harmless from and against any claims, lawsuits, investigations, penalties, damages, losses or expenses (including but not limited to reasonable attorneys’ fees and costs) arising out of or relating to any of the following: (a) any breach or alleged breach by brandpartner of this Agreement, or the representations and warranties made in this Agreement; (b) any claim for state sales, use, or similar tax obligations of Brandpartner arising from the sale and redemption of a Perk; (c) any claim by any local, state, provincial, territorial or federal governmental entity for unredeemed Perks or unredeemed cash values of Perks or any other amounts under any applicable abandoned or unclaimed property or escheat law, including but not limited to any claims for penalties and interest; (d) any claim arising out of a violation of any law or regulation by brandpartner or governing brandpartner’s goods and/or services; (e) any claim arising out of brandpartner’s violation of law or regulation governing the use, sale, and distribution of alcohol; (f) any claim by a purchaser or anyone else arising out of or relating to the goods and services provided by brandpartner and/or pick up of the goods and services, including but not limited to, any claims for false advertising, product defects, personal injury, death, or property damages; (g) any claim by a user for the amount paid; (h) any claim arising out of brandpartner’s misuse of myhousr data, or any violation of an applicable data privacy or security law; and (i) any claim arising out of brandpartner’s negligence, fraud or wilful misconduct. myhousr maintains the right to control its own defence and to choose and appoint its own defence counsel, regardless of the presence or absence of a conflict of interest between myhousr and brandpartner. brandpartner’s duty to defend and indemnify myhousr includes the duty to pay myhousr’s reasonable attorneys’ fees and costs, including any expert fees.
- Confidentiality
The terms for the brandpartner offering described in this Agreement are confidential, and brandpartner agrees not to disclose the terms described in this Agreement to any party (other than to its employees, parent companies, shareholders, lawyers and accountants on a strict need-to-know basis or as required by applicable public records and other law, if brandpartner has taken the necessary precautions of the kind generally taken with confidential information to preserve the confidentiality of the information made available to such parties). In the event of a breach, myhousr is entitled to injunctive relief and a decree for specific performance, and any other relief allowed under applicable law (including monetary damages if appropriate)
- Limitation of Liability
EXCEPT FOR BRANDPARTNER ’S INDEMNIFICATION OBLIGATIONS HEREUNDER, IN NO EVENT IS EITHER PARTY LIABLE OR OBLIGATED TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST BUSINESS, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR INDIRECT DAMAGES REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES IN ADVANCE. MYHOUSR’S SOLE AND COMPLETE LIABILITY TO BRANDPARTNER FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR ANY ERRORS, OMISSIONS OR MISPLACEMENTS OF ANY PERK IS LIMITED TO THE AMOUNT OF FEES CHARGED BY MYHOUSR HEREUNDER FOR THE PRECEDING THREE(3) MONTHS AFTER FINAL CALCULATION AND RECONCILIATION OF ALL REFUNDS. THIS LIMITATION OF LIABILITY APPLIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING THE FAILURE OF ANY LIMITED REMEDY. IN ADDITION, ANY CLAIM BY OR ON BEHALF OF A BRANDPARTNER IN CONNECTION WITH ANY PAYMENT MADE TO MYHOUSR, INCLUDING, BUT NOT LIMITED TO, CLAIMS ALLEGING THAT A BRANDPARTNER WAS MISCHARGED, MUST BE MADE IN WRITING TO MYHOUSR WITHIN SEVEN (7) DAYS FROM THE DATE MYHOUSR TAKES THE PAYMEN. ALL CLAIMS NOT MADE IN ACCORDANCE WITH THE FOREGOING SHALL BE DEEMED WAIVED, RELEASED AND DISCHARGED BY BRANDPARTNER.
- Dispute Resolution
a. All disputes arising out of, or relating in any way to this Agreement, shall be resolved pursuant to this Dispute Resolution section.
b. Binding Arbitration
20. EXCEPT AS SPECIFICALLY STATED HEREIN, ANY DISPUTE OR CLAIM BETWEEN BRANDPARTNER AND MYHOUSR ARISING OUT OF, OR RELATING IN ANY WAY TO, THIS AGREEMENT (“DISPUTES”) SHALL BE RESOLVED EXCLUSIVELY BY FINAL, BINDING ARBITRATION. BY VIRTUE OF THE AGREEMENT IN THIS SECTION 14 TO ARBITRATE, BRANDPARTNER AND MYHOUSR ARE EACH GIVING UP THE RIGHT TO GO TO COURT AND HAVE A DISPUTE HEARD BY A JUDGE OR JURY (EXCEPT AS OTHERWISE SET FORTH IN THIS SECTION). The provisions of this Section shall constitute Brandpartner ’s and myhousr’s written agreement to arbitrate Disputes under the Federal Arbitration Act. The arbitration will be administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to its applicable rules, including those applicable to Commercial Disputes, available at https://www.adr.org or by calling 800-778-7879. The arbitrator will apply and be bound by this Agreement, apply applicable law and the facts, and issue a reasoned award. To begin an arbitration proceeding, brandpartner or myhousr must comply with the limitations provision set forth in Section Limitation of Liability and submit the Dispute by making a demand for arbitration as detailed at https://www.adr.org. If brandpartner demands arbitration, it shall simultaneously send a copy of the completed demand to the following email address: hello@myhousr.com. If myhousr demands arbitration, it shall simultaneously send a copy of the completed demand to the brandpartner’s address of record. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. myhousr will reimburse those fees for Disputes totalling less than $1,000 if brandpartner is the prevailing party in such arbitration. myhousr will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines that a brandpartner Dispute is frivolous. The arbitration will be conducted based upon written submissions unless brandpartner requests and/or the arbitrator determines that a telephone or in-person hearing is necessary. If the arbitrator grants the request or determines an in-person hearing is necessary, the hearing will proceed in Lincoln, NE, unless the arbitrator determines or we agree that the matter should proceed in the county of brandpartner’s principal place of business.
a. Class Action Waiver. WE EACH AGREE THAT WE SHALL BRING ANY DISPUTE AGAINST THE OTHER IN OUR RESPECTIVE INDIVIDUAL CAPACITIES AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE PROCEEDING OR AS AN ASSOCIATION. IN ADDITION, WE EACH AGREE THAT DISPUTES SHALL BE ARBITRATED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. THE ARBITRATOR DOES NOT HAVE THE POWER TO VARY THESE PROVISIONS.
b. Choice of Law/No Jury Trial. If for any reason a Dispute proceeds in court: (i) brandpartner and myhousr agree that any such Dispute may only be instituted in a state or federal court in Hall County, NE; (ii) brandpartner and myhousr irrevocably consent and submit to the exclusive personal jurisdiction and venue of such courts for resolution of such Disputes; (iii) brandpartner and myhousr agree that the Federal Arbitration Act, the AAA rules, applicable federal law and the laws of the State of Illinois, without regard to principles of conflicts of law, will govern this Agreement and any Disputes; and (iv) BRANDPARTNER AND MYHOUSR AGREE TO WAIVE ANY RIGHT TO A TRIAL BY JURY.
c. Injunctive Relief/Attorneys’ Fees. Notwithstanding anything to the contrary in this Agreement, either party may bring suit in court seeking an injunction or other equitable relief arising out of or relating to claims that the other party’s conduct may cause the other irreparable injury and/or (ii) individual claims for which applicable law expressly prohibits pre-dispute arbitration agreements, if any, where such law is not pre-empted by the Federal Arbitration Act. In the event myhousr is the prevailing party in any Dispute, subject to any exceptions in this Section, brandpartner shall pay to myhousr all reasonable attorneys’ fees and costs incurred by myhousr in connection with any Dispute.
- Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles.
- Other
a. The parties are independent contractors. Nothing in this Agreement is to be construed to create a joint venture, partnership, franchise, or an agency relationship between the parties. Neither party has the authority, without the other party’s prior written approval, to bind or commit the other in any way.
b. This Agreement constitutes the entire agreement between the parties relating to its subject matter and supersedes all prior or contemporaneous oral or written agreements concerning such subject matter.
c. brandpartner is not authorized to transfer or assign its rights or obligations under this Agreement, whether by operation of law or otherwise, without myhousr’s prior written consent. Any waiver must be in writing and signed by an authorized signatory of myhousr. myhousr is authorized to transfer or assign this Agreement to a present or future affiliate or pursuant to a merger, consolidation, reorganization or sale of all or substantially all the assets or business, or by operation of law, without notice to brandpartner.
d. If any provision of this Agreement should be held to be invalid or unenforceable, the validity and enforceability of the remaining provisions of this Agreement are not affected.
e. EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, NEITHER PARTY MAKES ANY REPRESENTATIONS OR WARRANTIES, EXPRESS NOR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF BRANDPARTNER ABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. MYHOUSR DOES NOT WARRANT OR GUARANTEE THAT THE SERVICES OFFERED ON OR THROUGH THE APP OR WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE PERKS ARE ERROR-FREE, OR THAT ANY BRANDPARTNER OFFERING WILL RESULT IN ANY REVENUE OR PROFIT FOR BRANDPARTNER .
f. Password Security. You must safeguard your password for, and supervise use of, myhousr’s self-serve platform and tools, including, without limitation, brandpartner portal, and all information concerning purchases of the brandpartner offering (together your “Account”). You are solely responsible for maintaining the security of your Account and maintaining settings that reflect your preferences. We will assume that anyone using your Account is you or is authorized by you to do so. You agree that you are solely responsible and liable for any activity that occurs under your Account.
END
