This agreement is made and entered into by and between Sweeten, located at 195 Centre Street, New York, NY 10013, and our Design Trade VIP Program members, whereby members will use Sweeten’s services in exchange for rewards.

Sweeten provides residential and commercial renovation-related services. Sweeten hereby grants the members a nonexclusive, nontransferable right to market and otherwise use Sweeten services for their clients.

What is Sweeten’s Design Trade VIP Program?

It’s our way of thanking you for using Sweeten on behalf of your clients, helping them to renovate fearlessly! Sweeten will pay design trade members a reward per contract signed with a Sweeten general contractor and your clients. For a contract to be eligible to earn a reward, the member must post a client’s project, submit proof of being a design industry professional and submit a signed a contract between the client and a Sweeten general contractor. We cannot guarantee the payment of rewards on any contractual agreements if you were not first approved for the program.

When did Sweeten’s Design Trade VIP Program begin?

This Design Trade VIP Program goes into effect on July 11, 2018.

How does the Design Trade VIP Program work?

First, visit the registration page: https://sweeten.com/home-architects-interior-designers/. Simply sign up for Sweeten or login if you already have an account. Once you’re logged in, go to your dashboard and click “Start a new project” to post on behalf of your client. While filling out the project details, you’ll be prompted to answer ownership status. Choose “representing owner” as a designer or architect. Once the project is posted, we’ll request a few details to confirm your eligibility for the Design Trade VIP Program. Once approved, you will begin the bidding process of reviewing and meeting vetted general contractors selected by your Sweeten matchmaker. Once a general contractor has been chosen and a contract is signed between your client and your chosen Sweeten general contractor, you will receive a $500 Visa gift card reward via email within 30 business days.

How many clients can I post a project for?

You can post an unlimited number of projects.

Will I receive a reward if my client signs a contract for design services?

No, this program only honors rewards for each client that signs a contract with a general contractor for construction work.

Who is eligible to participate?

• You must be a professional in the design industry with a valid employer or business.
• You must be approved for the Design Trade VIP Program with a valid business email address, company website, and a design trade resale number.
• In order to earn a reward, your client must be a new customer to Sweeten, and not previously a customer under another email address or alias in Sweeten’s system.

How do I track my client’s projects?

Log onto Sweeten. Click on "dashboard" and "my projects." You should see a list of all the projects you are managing in this view.

Once I’ve earned a reward, when will I receive the payment?

We will email you a Visa gift card reward within 30 business days of when your client signs a contract with a Sweeten general contractor.

How many rewards can I earn?

There is no limit to how many rewards you can earn; however, you are limited to one reward per individual client you bring to Sweeten.

If I register on Sweeten, how will you use my email?

We do not sell email addresses.Your email is only used for necessary and customary communication related to the Sweeten service.

I accidentally deleted my Visa gift card reward email. Can it be re-sent?

Yes, of course. Just send an email to [email protected] with the email address you’ve used to register for the program and we will resend your reward via email.

How do I redeem my Visa gift card reward?

It's easy. Refer to the Visa gift card number in the reward email and copy & paste upon use.

Are there any special restrictions or rules for the program?

• Members may earn one (1) reward for each valid client.
• Members may not use spam to obtain clients. Members may not acquire clients through unsolicited e-mail to persons unknown to them, or message board postings, where the postings are unrelated to the topic of discussion or otherwise violate the terms of the site.

Technical Matters

In addition, you may not: (a) read, intercept, record, redirect, interpret, or fill in the contents of any electronic form or other materials submitted to us by any person or entity; (b) in any way modify, redirect, suppress, or substitute the operation of any button, link, or other interactive feature of our site; (c) make any orders or subscription requests, or engage in other transactions of any kind on our site on behalf of any third party, or authorize, assist, or encourage any other person or entity to do so; (d) take any action that could reasonably cause any customer confusion as to our relationship with you, or as to the site on which any functions or transactions (e.g., search, order, browse, and so on) are occurring; or (e) post or serve any advertisements or promotional content around or in conjunction with the display of our site (e.g., through any "framing" technique or technology or pop-up windows), or assist, authorize, or encourage any third party to take any such action. If we determine, in our sole discretion, that you have engaged in any of the foregoing activities, we may (without limiting any other rights or remedies available to us) withhold any client reward otherwise payable to you under this agreement and/or terminate this agreement.

Member Reward

You will earn a reward when your client signs a contract with a Sweeten general contractor. Qualifying contracts are determined by Sweeten. The current reward for this Design Trade VIP Program is $500. This will be issued as a prepaid Visa gift card.

License Grant Sweeten Marks

Subject to all the terms and conditions of this agreement, Sweeten hereby grants Design Trade VIP Program members a non-exclusive, non-transferable license to use the Sweeten trademarks, logos, and copyrighted material ("Sweeten Marks") solely in connection with promoting the services. Member hereby acknowledges and agrees that (i) the Sweeten Marks are owned solely and exclusively by Sweeten or its affiliates, (ii) except as set forth herein, member has no right, title or interest in or to the Sweeten Marks; and (iii) all use of the Sweeten Marks by member shall inure to the benefit of Sweeten and its subsidiaries. Member agrees that it shall not engage, participate or otherwise become involved in any activity or course of action that diminishes and/or tarnishes the image and/or reputation of Sweeten or of any Sweeten Mark.

Use and Display of Sweeten Marks

Member acknowledges and agrees that the presentation and image of Sweeten Marks should be uniform and consistent with respect to all promotion associated with the Sweeten Marks. Accordingly, member agrees to use the Sweeten Marks solely in the manner in which Sweeten shall specify from time to time in Sweeten’s’ sole discretion.

Marketing Practices

Member further agrees: (i) to be solely responsible for any expenses incurred to promote this program on their part; (ii) not engage in any deceptive, misleading, illegal, or unethical practices that may be detrimental to Sweeten or its services; (iii) not make any representations, warranties, or guarantees on behalf of Sweeten, or otherwise concerning Sweeten services that are inconsistent with or in addition to any such representations, warranties, or guarantees made by Sweeten.

Term & Termination

The term of this agreement shall continue until it is terminated. Either party may terminate this agreement at any time upon providing written notice to the other party.

Survival

Upon expiration or termination of this agreement for any reason, all rights and obligations of the parties under this agreement shall be extinguished except accrued rights including payment obligations, indemnities, existing commitments or any contractual provision intended to survive termination.

Indemnification

Member shall defend, indemnify, and hold Sweeten, its affiliates, and any of their officers, directors, agents and employees harmless from and against any action, claim or suit brought against Sweeten or its affiliates, including any and all losses, damages, costs, and expenses (including reasonable attorneys’ reward) arising from or out of: (a) any breach or alleged breach by member of any representation, warranty or other obligation of member under this agreement; (b) any alleged or actual violation by design trade of any laws, policies, guidelines, regulations, ordinances, rules and/or orders of any governmental authority or regulatory body having jurisdiction over Sweeten and the subject matter hereof; (c) the negligence or willful misconduct of member, its employees or agents; or (d) member’s advertising, marketing, promotion, sale, or distribution of any of the qualifying services.

No Disparagement

Member shall not, directly or indirectly, disparage Sweeten, any Sweeten Mark (including trademarks, service marks and other such marks, registered or not) and/or the Sweeten services, during the term of this agreement and for a period of 12 months thereafter.

Non-Competition & Non-Solicitation

In order to protect the legitimate business interests of Sweeten, design trade member agrees that during the term of this agreement and for a period of 24 months thereafter, member or its stakeholders will not directly or indirectly, whether as owner, sole proprietor, partner, shareholder, director, member, consultant, agent, founder, co-venture partner or otherwise, (i) do anything to divert or attempt to divert from Sweeten any business of any kind, including, without limitation, solicit or interfere with any of Sweeten's clients, general contractors, members or business partners. Member shall not solicit or hire any employee or consultant of Sweeten to leave their employment or consulting relationship with Sweeten during the term of this agreement and for a period of 12 months thereafter.

Limitation of Liability

Sweeten shall not be liable or obligated under any section of this agreement, or under contract, negligence, strict liable or obligated under any section of this agreement, or under contract, negligence, strict liability or other legal or equitable theory, for any indirect, special, incidental, lost profits or lost data in connection with this agreement.

Other Provisions

If any provision of this agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. The parties agree to replace any invalid provision with a valid provision, which most closely approximates the intent and economic effect of the invalid provision. Headings are used for convenience of reference only and in no way define, limit, construe or describe the scope or extent of any section, or in any way affect this agreement.

Non-Exclusivity

This agreement does not confer on either party any rights that are exclusive. Each party is free to contract with others with respect to the subject matter of this agreement.

Relationship of the Parties

The parties are independent contractors and nothing in this agreement shall make them joint venturers, Companies, employees, agents or other representatives of the other party. Neither party shall make any representation that suggests otherwise.

Other

This agreement will be governed by the laws of the United States, without reference to rules governing choice of laws. This agreement may not be assigned by either party without the prior written consent of the non-assigning party. Notwithstanding the foregoing, Sweeten may assign this agreement to the surviving entity in the case of a merger, acquisition or sale of all or of substantially all of its assets without the consent of the design trade. Subject to that restriction, this agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this agreement.

Conduct

Sweeten has the right to decide who’s eligible to participate in this program, and can cancel accounts or decline to offer our services if we see abuse of the system. Sweeten can change the program eligibility criteria at any time. Members must comply with all up-to-date spam laws. Sweeten reserves the right, at its sole discretion, to prohibit any member from participating in any aspect of the Program if Sweeten deems or suspects that such member has engaged in or has attempted to engage in any of the following: a) acting in violation of these Program Terms and Conditions; b) damaging, tampering with or corrupting the operation of the Program or Site; c) acting with intent to annoy, harass, or abuse any other person; d) any inappropriate, uncooperative, disruptive, fraudulent, potentially fraudulent, or unusual behavior or activity; or e) activity deemed in the sole discretion of Sweeten to be generally inconsistent with the intended operation of the Program. Sweeten shall be the sole determiner in cases of suspected abuse, fraud, or breach of these Program Terms and Conditions or intent of these Program Terms and Conditions.