This agreement is between Ordero SI LLC, a Texas limited liability company ("Ordero", "we", "us"), and the person or company named in your partner application ("you", "Partner"). It sets out how you refer restaurants to Ordero and how Ordero pays you for them.
By ticking "I have read and agree" and typing your name, you accept this agreement for yourself or for the company you named, and confirm that you are allowed to do so.
1. The program
As a partner you introduce restaurants to Ordero’s products: the Ordero Voice Agent, which answers a restaurant’s phone and takes orders, and the Ordero Online Order System, a restaurant’s own ordering page. Ordero sells, sets up, bills and supports the restaurants. You are not asked to do any of that.
Ordero reviews every application and may approve or decline it at its discretion. Until your application is approved you cannot share partner links or register leads, and no commission is earned.
2. Referrals
A restaurant counts as your referral (a "Referred Customer") when it signs up for Ordero:
- through one of your partner links, in the same browser within 90 days of opening it; or
- after you registered it as a lead in your partner panel with its email address or phone number, and before it signed up.
If a restaurant could count for more than one partner, a restaurant that signs up through a partner link counts for the partner whose link it used; otherwise it counts for the partner who registered it first. A restaurant that already had an Ordero account when you registered it does not count.
Ordero’s records decide whether a restaurant is your Referred Customer. If you think one was missed, tell us within 60 days of its sign-up and we will look into it in good faith.
3. Commission
For every Referred Customer, Ordero pays you a commission for each month, for as long as it remains a paying Ordero customer:
- Online Order System: 10% of what the Referred Customer paid Ordero for the Online Order System in that month.
- Voice Agent: 10% of the Voice Agent’s net revenue from the Referred Customer in that month. Net revenue is what the Referred Customer paid Ordero for the Voice Agent in that month (its plan, extra calls and setup), minus the cost of operating its line that month: the minutes of its calls multiplied by Ordero’s per-minute costs for voice, telephony and AI processing, and the monthly cost of its phone number. A month without positive net revenue earns no Voice Agent commission, and a loss is never carried into another month.
Amounts are counted in US dollars, without sales tax, and after discounts, refunds and credits. A payment that covers more than one month, such as an annual plan, is counted evenly over the months it covers. Months are calendar months in US Eastern time.
The per-minute and phone number costs are Ordero’s own costs as Ordero records them. Your partner panel shows, for each Referred Customer and each month, what was paid, the net and your commission.
If a payment that earned you commission is later refunded, reversed or charged back, Ordero may take that commission off your next payments.
4. Payment and taxes
Ordero works out your commission after each month ends and pays it within 30 days of the month’s end, by bank transfer (ACH), Zelle or PayPal, to the details you give in your partner panel. Keep them current: a payment sent to the details you entered counts as paid. Your panel shows each payment.
Before the first payment Ordero may ask you for a tax form (a W-9 if you are in the United States, or a W-8BEN or W-8BEN-E if you are not) and pays once it has it. You are responsible for the taxes on your commission. Ordero may issue tax forms, such as a Form 1099, where the law requires it.
No commission is earned for a month before your application was approved, or on a restaurant that does not pay.
5. How you represent Ordero
- Describe Ordero honestly and accurately, using the information on ordero.si. Do not promise prices, features, results or terms that Ordero does not offer.
- Do not say or suggest that you are Ordero, or its employee or agent, and do not sign anything or take payment on Ordero’s behalf.
- Follow the law when you contact restaurants, including the CAN-SPAM Act and the Telephone Consumer Protection Act. Do not send spam, make automated calls or contact anyone who asked not to be contacted.
- Register a lead only with details the restaurant gave you or that you may share, and only if the restaurant agrees to hear from Ordero.
- Do not bid on "Ordero" or similar words in search ads, do not use the Ordero name in a domain name or a social media account, and do not make ads or pages that look as if they come from Ordero, unless we agree in writing.
- Do not refer yourself, your own restaurant or a business you control, and do not use fake sign-ups, rewards Ordero has not approved or any other trick to earn commission.
If you break these rules, Ordero may withhold the commission connected to the breach and may pause or end your partnership.
6. Independent parties
You are an independent contractor. Nothing in this agreement makes you an employee, agent, franchisee or joint venturer of Ordero. You pay your own costs and decide how you work, within this agreement.
The program is not exclusive. Ordero may work with other partners anywhere, and you may refer restaurants to other businesses.
7. Our name and materials
Ordero gives you a limited, revocable and non-transferable right to use the Ordero name and the materials Ordero provides, only to refer restaurants under this agreement. Ordero keeps all rights in its name, products and materials. When this agreement ends, stop using them.
8. Confidentiality and data
Keep confidential anything non-public you learn about Ordero, such as costs, customers and product plans, and use it only for this agreement.
The restaurant information you see in your partner panel is for your work as a partner only. Do not sell it or use it for anything else. The leads you register become part of Ordero’s records.
9. Term and ending
This agreement starts when you sign it and lasts until either of us ends it. You may end it at any time by writing to hello@ordero.si. Ordero may end it with 30 days’ notice by email, or at once if you break it.
If the agreement ends for any reason other than your breach, Ordero keeps paying commission on your Referred Customers under these terms for as long as they remain paying customers. If it ends because you broke it, commission stops on the day it ends.
Ordero may change or close the program. We will email you at least 30 days before a change to the commission takes effect. A change never lowers the commission for a month that has already ended.
10. Disclaimer and liability
Ordero does not promise that any restaurant will sign up, stay or pay, or that you will earn any amount. The program and the partner panel are provided "as is".
Neither of us is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, even if warned that they were possible. Ordero’s total liability under this agreement is limited to the commission it paid you in the 12 months before the event that gave rise to the claim. These limits do not apply to commission that is due and unpaid, or to liability that the law does not allow to be limited.
You will defend and indemnify Ordero against third-party claims arising from how you promoted Ordero, or from your breach of this agreement or of the law.
11. Electronic signature and records
You agree to sign this agreement electronically. Ticking the box and typing your name is your signature and has the same effect as a handwritten one under the federal E-SIGN Act and the Texas Uniform Electronic Transactions Act.
To record your signature we keep your typed name; the time of signing by our server’s clock; the version and SHA-256 fingerprint of the documents you were shown; your IP address and device information; and the precise location of the device you signed on, which your browser shares with your permission. Signing online requires that permission. The Partner Privacy & Location Notice explains this in full.
We send notices to the email on your partner account. Notices to us go to hello@ordero.si.
12. Governing law and general
This agreement is governed by the laws of the State of Texas, without regard to its conflict-of-laws rules. The state and federal courts located in Texas have exclusive jurisdiction, and both of us consent to venue there. Before starting a claim, each of us will raise the dispute in writing with the other and try in good faith to resolve it for 30 days.
You may not transfer this agreement without our written consent. This agreement and the Partner Privacy & Location Notice are the whole agreement between us about the program. If a provision cannot be enforced, the rest stays in effect. A waiver must be in writing.