Franchisee Policy

Franchisee Policy

YELLOW LABS SOFTWARE, INC. DBA ACCOUNTINGSUITE

This FRANCHISEE POLICY (the “Franchisee Policy“) applies to all Franchisees (as that term is defined in our End-User Agreement) who use our Services. This Franchisee Policy is a legal agreement between you and the Company and describes the terms governing your use of our Services as a Franchisee. By accepting electronically, installing, accessing or using our Services by clicking any button marked “I Accept,” “I Agree,” “You Agree,” “You Accept” or similar when acting as a Franchisee: (a) you agree to be bound by this Franchisee Policy and all of our other Terms of Service and (b) you further agree that any of your Authorized Users acting as a Franchisee on your behalf will also be bound by this Franchisee Policy and all of our other Terms of Service. IF YOU DO NOT AGREE TO THIS FRANCHISEE POLICY, THEN YOU ARE PROHIBITED FROM USING OUR SERVICES AS A FRANCHISEE.

This Franchisee Policy forms part of our Terms of Service. See our End-User Agreement for additional terms governing your use of our Services generally. Capitalized terms used herein but not defined shall have the meanings assigned to them in our End-User Agreement.

IF YOU HAVE QUESTIONS ABOUT THIS FRANCHISEE POLICY, PLEASE CONTACT THE COMPANY AT THE FOLLOWING EMAIL ADDRESS: policy@accountingsuite.com.

  1. Applicability of Terms of Service. Your use of our Services as a Franchisee makes you one of our End- Users. As such, you acknowledge and agree that our entire Terms of Service (including our End-User Agreement and our Privacy Policy) apply to you and your use of our Services.

  2. Registration. As a prospective Franchisee, you may be required to undergo a special registration process. You represent and warrant that any information you provide to us during this registration process is true and correct. You acknowledge and agree that we may deny your registration as a Franchisee for any reason, in our sole discretion. You further acknowledge and agree that if we deny your registration, we are under no obligation to inform you as to the reasons for such denial.

  3. Subscription and Fees. Your registration as a Franchisee may require your subscription to an AccountingSuite Subscription with different terms or fees.

  4. Additional Agreement. You may be required to execute a separate agreement with us to use our Services as an Accounting Partner.

  5. Managing Accounting Client Data. If you manage Accounting Data for Accounting Clients, then our Accounting Partner Policy applies to you for such activities.

  6. Use of Subcontractors. If you make use of subcontractors when acting as a Franchisee, then you agree to require that your subcontractors comply with our Terms of Service, including our Franchisee Policy.

  7. Prohibited Uses. To the extent applicable, Section 5 (Prohibited Uses) of our End-User Agreement applies to your use of our Services as a Franchisee. Furthermore, unless otherwise stated to you by us in writing, you agree not to, nor permit any third party to:

    1. Represent yourself (either through statements or actions) as an agents or representative of the Company; or


    2. Use any Person’s Personally Identifiable Information without that Person’s permission.


  8. Indemnification. In addition to the indemnification provision of Section 21 of our End-User Agreement and Section 10 of our Accounting Partner Policy, you agree to indemnify and hold the Company and its Affiliates harmless from any and all claims, liability and expenses, including reasonable attorneys' fees and costs, arising out of (a) your use of our Services as a Franchisee, (b) your failure to secure your user account or password or (c) your breach of our Terms of Service, including this Franchisee Policy (collectively referred to as “Claims”). You also agree to indemnify the Company and its Affiliates to the same extent and for the same causes for (x) actions taken or not taken by your Authorized Users. The procedure for such indemnification may be found in Section 21 of our End-User Agreement.

  9. Disclaimer of Warranties. To the extent applicable, our disclaimer of warranties under Section 19 or our End-User Agreement applies your use of our Services as a Franchisee.

  10. Termination.

    1. The Company may, in its sole discretion and without notice and in whole or in part, restrict, deny, suspend or terminate this Franchisee Policy and your ability to use our Services as a Franchisee effective at any time, in whole or in part, for: (a) any reason your use of our Services may be terminated under any portion of our Terms of Service or (b) any breach by you of this Franchisee Policy. The following Sections of this Franchisee Policy shall survive its termination: Sections 1, 5 through 11.


    2. UPON TERMINATION OF THIS FRANCHISEE POLICY, ANY ACCESS TO YOUR ACCOUNTING CLIENTS’ USER DATA WILL IMMEDIATELY BE TERMINATED.


  11. Relationship Between the Parties. Nothing in this Franchisee Policy shall be construed to create a partnership, joint venture or agency relationship between you, us and/or your Accounting Clients, or to create an employment relationship between you, us and/or your Accounting Clients.

SEE OUR END-USER AGREEMENT FOR ADDITIONAL TERMS GOVERNING YOUR USE OF OUR SERVICES GENERALLY.