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MunchEm Partner Agreement


This Partner Agreement is legally binding document between you, whether personally or on behalf of an entity (the "Partner"), and MunchEm, Inc. and its affiliates (collectively, "MunchEm"), regarding the Partner's use of MunchEm' website, currently located at (including the webpages contained or hyperlinked therein and owned or controlled by MunchEm, the "Website"), and the Partner's inclusion in applicable services provided by MunchEm via the Website or MunchEm Apps or vendors/resellers as MunchEm may choose from time to time.

PARTNER Menu and Information

The Partner will provide MunchEm with the Partner's current menu, hours of operations, logo, etc. Any changes need to be submitted to MunchEm by Phone or Email ( Changes will be made within 48 hours. The Partner agrees to abide by the information provided before the changes until said changes are implemented.

MunchEm may accept online payment from customers on behalf of the Partner through use of a credit card, PayPal®, and/or cash based upon the above selection. 

Invoicing and Payment Terms

Monthly fees (if any) will be due on 1st of the month and withdrawn from Restaurant provided bank account. If alternate arrangement is desired, both the restaurant and MunchEm must agree through written communication.

Payments processed through MunchEm Services (Apps, Websites, etc.) will be remitted every month on or before the 10th for all orders placed the prior month to the Restaurant following the below formula.

Total Amount Remitted = Total online payment received – total commission for all orders (including those delivered by MunchEm but paid to the restaurant.)


For every order the Partner receives through MunchEm website/apps/services – Partner commits to pay *agreed commission percentage charge for the order.

Delivery Process

Partner agrees to receive delivery orders from MunchEm by one or more of the following methods: automated phone calls, faxes, emails, and push notifications via the OrderEm App. Partner will prepare and package orders in a fashion adequate for proper delivery.

All parties will be able to track a delivery order. Partner will be given access to OrderEm, our proprietary delivery tracking app. Partner’s customers will have the ability to track orders on their device through the MunchEm website or app.

MunchEm will take preliminary action to resolve any discrepancies with a customer’s delivery. This may include re-attempting a delivery or refunding a customer. After a resolution is made, MunchEm will take action with the Partner to prevent future discrepancies.


Partner will not be held liable for any accident or incident that causes personal injury or property damage that results from a delivery facilitated.

Term of Agreement

This agreement remains in effect for an indefinite period of time. This Agreement can be terminated by either party with written notice of 60 calendar days. 


Either party may use each other’s branding (logos, images, pricing information, etc.) for the sole purpose of promoting delivery and services while this agreement is in effect. 

Customer Data

"Customer Data" means any and all identifiable information about purchasers generated or collected by MunchEm or the Partner, including, but not limited to, purchasers' name, shipping addresses, email addresses, phone numbers, and purchaser preferences and tendencies; and the Partner agrees that the Partner will only use the Customer Data in fulfilling the applicable Customer Order and in complying with the Partner's obligations in this Agreement, and the Partner agrees that Customer Data will not be used to enhance any file or list of the Partner or any third party. The Partner represents, warrants, and covenants that it will not resell, broker or otherwise disclose any Customer Data to any third party, in whole or in part, for any purpose whatsoever. The Partner agrees that it will not copy or otherwise reproduce any Customer Data other than for the purpose of fulfilling the applicable Customer Order. The Partner (and any other persons to whom the Partner provides any Customer Data) will implement and comply with reasonable security measures in protecting, handling, and securing the Customer Data. If any Customer Data is collected by the Partner (or otherwise on its behalf), the Partner shall ensure that it (and any applicable third parties) adopt, post, and processes the Customer Data in conformity with an appropriate and customary privacy policy.

For purposes of this Agreement, the restrictions set forth herein on the Partner's use of Customer Data do not apply to: (a) data from any customer who was a customer of Partner prior to the Partner using the Website or the MunchEm Apps, but only with respect to data that was so previously provided to the Partner by such customer; or (b) data supplied by a customer directly to the Partner who becomes a customer of the Partner and who explicitly opts in to receive communications from the Partner for the purposes for which such Customer Data will be used by Merchant; and, provided in all cases, that the Partner handles and uses such Customer Data in compliance with applicable Laws and the Partner's posted privacy policy.

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