Legal

Standard Merchant
Partner Terms

Last Updated: June 2026

These Merchant Partner Terms ("Terms") govern the relationship between Proximarq Media ("the Agency") and local business operators ("the Merchant") utilising our proximity marketing, geofencing, and digital wallet distribution networks.

1.

Scope of Service

  • The Agency provides digital marketing distribution services, leveraging third-party mobile wallet technology (including Passkit), geofencing, and push notifications to promote the Merchant's perks, upgrades, and flash deals to targeted consumer demographics.
  • The Merchant is solely responsible for fulfilling the offers, discounts, or upgrades presented on the digital passes issued under their brand.
2.

Campaign Delivery & Technology

  • The Agency handles the technical configuration, geofence radius mapping, and push-notification scheduling as agreed upon in the individual Campaign Order Form.
  • While the Agency utilises secure, high-uptime third-party software (Passkit) to deliver passes to Apple Wallet and Google Pay, we do not guarantee uninterrupted mobile network connectivity or device-specific compatibility.
3.

Merchant Obligations & Compliance

  • The Merchant guarantees that all promotional discounts, corporate perks, or upgrades offered are genuine, accurate, and compliant with the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (CAP Code).
  • The Merchant agrees to honour all valid digital wallet passes presented by consumers at the point of sale during the designated campaign hours.
4.

Data Protection & Intellectual Property

Data Handling

Both parties shall comply with all applicable requirements of the UK GDPR. Where consumer data is collected via digital pass downloads, roles regarding data controller or data processor status will be explicitly defined in the relevant Campaign Order Form.

IP License

The Merchant grants the Agency a non-exclusive, royalty-free license to use the Merchant's business name, logos, and trademarks solely for the purpose of creating and distributing the digital wallet assets and marketing materials.

5.

Liability & Indemnity

The Merchant shall indemnify the Agency against any claims, losses, or legal costs arising from a failure by the Merchant to honour a published deal, or from any health, safety, or quality issues relating to the goods or services provided to consumers under a campaign.

6.

Governing Law

These Terms and any dispute arising out of them shall be governed by and construed in accordance with the laws of Scotland, and both parties submit to the exclusive jurisdiction of the Scottish courts.

Enquiries

For questions regarding these Terms or to request a Campaign Order Form, please contact us at [email protected].