This document outlines the formal requirements and legal framework for the SmartGifty 12-Month Performance Guarantee. By participating in this program, the Client agrees that the refund eligibility is strictly contingent upon the documented execution of the following marketing protocols.
 

1. Scope of Guarantee

SmartGifty (“The Provider”) guarantees that the Client will achieve a positive Return on Investment (ROI) regarding platform subscription fees within the first twelve (12) months of active service. Should the Client fail to achieve satisfactory results despite full compliance with the Active Participation Requirements (Section 2), the Provider will refund 100% of the annual platform subscription fees paid.
 

2. Active Participation Requirements (The “Protocol”)

To maintain eligibility for the 1-year guarantee, the Client must execute and document the following four (4) pillars of the SmartGifty Success Protocol:

A. Digital Social Presence

  • Frequency: A minimum of three (3) unique social media posts per calendar week (Instagram and/or Facebook and/or Youtube).
  • Content: Posts must specifically promote the purchase or utility of the Gift Card/Loyalty program.
  • Documentation: Client must maintain an archive of links or screenshots of all 156 required annual posts.

B. Direct Audience Engagement

  • Frequency: One (1) dedicated electronic direct mail (EDM/Newsletter) campaign per calendar month.
  • Content: The newsletter must feature the Gift Card/Loyalty program as the primary “Call to Action” (CTA).
  • Documentation: Client must provide “Sent” reports from their email service provider (ESP) for all twelve (12) campaigns.

C. Physical Point-of-Sale (POS) Integration

  • Placement: Maintenance of at least three (3) physical marketing assets (stickers, wobblers, or counter-top displays) provided or approved by the Provider.
  • Location: Assets must be placed at the primary entrance, the main checkout counter, and one high-traffic internal zone.
  • Documentation: Time-stamped photographic evidence of in-store placement must be submitted to the Provider at the beginning of each fiscal quarter.
     

D. Quarterly Promotional Cycles

  • Frequency: Execution of one (1) “High-Incentive” campaign per quarter (e.g., “Buy €100, Get Extra Bonus”).
  • Documentation: Analysis of the promotional period showing the offer was live and accessible to the public.
     

3. Audit and Verification Process

In the event of a refund claim, the Client must submit a Proof of Performance Dossier within thirty (30) days following the one-year anniversary of the contract start date.

  • Non-Compliance: Failure to meet any single requirement (e.g., missing one week of social media posts or one monthly newsletter) renders the guarantee null and void.
  • Review Period: The Provider shall have fifteen (15) business days to audit the submitted documentation for authenticity and consistency.
     

4. Exclusions

This guarantee applies strictly to Platform Subscription Fees. It does not cover:

  • Transaction-based processing fees.
  • Physical card production or shipping costs.
  • Third-party advertising spend or hardware costs.
     

Agreement Acknowledgement:

By deploying the SmartGifty platform under this guarantee, the Client acknowledges that the system’s success is a derivative of active marketing. This guarantee is not a “passive insurance policy” but a “active performance partnership.”

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