Elevate your sales potential

2. Standard Protocol

Our Responsibilities: YUM2GO ("Platform") provides an online marketplace using web-based technology that connects Merchants, independent delivery contractors ("Drivers”) and customers. The YUM2GO Platform permits customers to place orders for food or ther products from Merchants; YUM2GO then notifies Drivers that a delivery opportunity is available; after a Driver communicates their acceptance of the delivery, YUM2GO facilitates the ("Driver’s”) completion of the delivery of the Merchant's products to the customer. YUM2GO is not a merchant, food preparation business, reseller or delivery service; it is an online connection platform.

Your Responsibilities: You fulfill orders placed on the YUM2GO Platform and provide them to Drivers or customers.Instead of collecting payment at the time of pickup, you will charge the total sales price for each order (including all taxes and other government charges) to an account you maintain for orders on the YUM2GO Platform.

Payment & Pricing: Each week, YUM2GO will settle your account by paying you:

• the pre-tax total of all orders for the prior week, unless (you requested an Instant Pay) including the total sales tax on all such orders, minus.
• Any YUM2GO advertisement fee, any subscription fees, and any other fees to which you agreed will be deducted. You are the "retailer" or "seller" responsible for remitting all sales tax and other governmental charges. You are also responsible for setting the price for each item to be made available on the YUM2GO Platform.
• Instant Pay is an option that all merchants can choose twice a week for a fee of $29.99 each payout. This option gives you as the restaurant the choice to receive your money earlier.

Fees: YUM2GO’ commission ("Subscription Fee") is an ongoing $99.99 per week Subscription Fee. This Fee applies to all orders placed on the YUM2GO Platform that originate from the YUM2GO App or YUM2GO website, including both delivery and pickup orders. Merchant agrees YUM2GO may charge the customer fees, including a Delivery Fee and/or Service Fee, Item Fee Cancellation Fees, etc. YUM2GO may charge an additional markup for Merchants Products at any time during this contractual agreement

Info for Weekly Payments and Order Placement: YUM2GO will provide weekly payment using the information you provide above and in the YUM2GO Sign-Up Sheet appendix, if applicable. Orders will be transmitted to you as follows:

Cancel anytime with 30-days notice: Merchant may cancel this agreement at any time for any reason after giving YUM2GO at least 30 days prior written notice. YUM2GO may cancel this agreement at any time for any reason.

Merchants Fee:All Merchants that register will be charged an additional onboarding sign-up fee of $99.99 will be charged at the time of activation for a Trial Period of 30 days. AFTER THE END OF THE 30-DAY TRIAL PERIOD, YOU WILL AUTOMATICALLY TRANSITION TO A WEEKLY RECURRING SUBSCRIPTION FEE OF $99.99 FOR ALL FUTURE ORDERS. If you do not want to continue past your trial period, you can cancel by going to https://www.yum2go.com/merchant/merchant-terms. Only one trial is available per Merchant store. We may change the terms or conditions from time to time with advance notice. YUM2GO will provide you with notice via email of material changes and when those changes will go into effect.

Merchant Terms of Use: Before you participate in the program(s) operated by YUM2GO, inc. (“YUM2GO”) that are covered by these YUM2GO merchant terms of use (“merchant terms” or “terms”), please read these terms carefully. By executing the sign-up sheet with YUM2GO or otherwise agreeing to these terms, including through an authorized YUM2GO partner, you or the entity that you represent agree on behalf of all participating restaurant locations to be bound by these terms to the exclusion of all other terms. this agreement contains provisions that govern how claims that may arise between parties are resolved, including, without limitation, any claims that arose or were asserted before the effective date of this agreement. In particular,section 17 sets forth our arbitration agreement which will, with limited exceptions, require disputes between us to be submitted to binding and final arbitration. unless you opt out of the arbitration agreement: (1) you will only be permitted to pursue claims and seek relief against YUM2GO on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding; and (2) you are waiving your right to seek relief in a court of law and before a jury. The arbitration agreement could affect your right to participate in pending or proposed class action litigation. Please see section 17 for more information regarding the arbitration agreement, the possible effects of the arbitration agreement and how to opt out of the arbitration agreement.

Defibittons:

• “Driver” means third-party delivery contractor
• “Delivery API” means the YUM2GO application programming interface (API) that allows the Merchant to exchange information with YUM2GO.
• “YUM2GO Data” shall mean any information that YUM2GO provides or makes accessible to merchants through the YUM2GO Platform, including without limitation Personal Information.
• “YUM2GO Customer” means a customer who places an order through the YUM2GO Platform.
• “YUM2GO Platform” means the online ordering platform where Customers can place an order for Merchant Products via the YUM2GO website or mobile application.
• “YUM2GO Delivers” means the service that enables delivery fulfillment for orders placed directly with the Merchant by a Merchant Customer.
• “YUM2GO Direct” means the service that allows Customers to pick up orders placed through the YUM2GO Platform directly from the Merchant.
• “YUM2GO Services” means YUM2GO Platform,YUM2GO Delivers and YUM2GO Direct, as applicable.
• “YUM2GO Delivers Orders” means orders placed by merchants for delivery fulfillment through the YUM2GO Delivers program.
• “YUM2GO Delivers Term” means the term of the agreement between YUM2GO and Merchant for YUM2GO Delivers.
• “Platform Orders” means orders for Merchant Products placed through the YUM2GO Platform by YUM2GO Customers.
• “Merchant” means the restaurant or other entity that has entered into an agreement with YUM2GO to use YUM2GO Services.
• "Merchant Customer" means a customer who places an order directly with the Merchant that will be delivered through the YUM2GO Delivers program.
• "Merchant Products" means all products offered for take-out or delivery orders at Merchant Stores.
• "Merchant Stores" means the Merchant restaurant locations that are within the then-current territory serviced by YUM2GO and that have elected to participate in the YUM2GO Services. Participating locations may be amended with written notice.
• "YUM2GO Direct Term" means the term of the agreement between YUM2GO and Merchant for the YUM2GO Direct program.
• "Personal Information"shall mean any information exchanged under this Agreement that (i) identifies or can be used to identify an individual (including without limitation, names, telephone numbers, addresses, signatures, email addresses or other unique identifiers); or (ii) that can reasonably be used to authenticate an individual. including without limitation, name, contact information, precise location information, access, credentials, persistent identifiers and any information that may be considered ‘personal data’ or ‘personal information’ under applicable law.
• "Schedule for Later Order"shall mean an order to be fulfilled at a time later in the day or later.