AGREEMENT PARTIES

Company:  TapNPay+, a registered trade name (DBA) of IntrActvMrktg, LLC, a Pennsylvania limited liability company.  www.tapnpayplus.com  ·  compliance@tapnpayplus.com

Parent:   The parent, legal guardian, or authorized adult caregiver identified in the registration profile completed at the time of agreement execution.

Student:  The K-12 student named as the beneficiary in the registration profile. The Student is not a party to this Agreement.

Effective: The date and time the Parent completes the clickwrap registration at tapnpayplus.com

 

RECITALS

WHEREAS TapNPay+, a registered trade name (DBA) of IntrActvMrktg, LLC, a Pennsylvania limited liability company (hereinafter 'TapNPay+' or 'Company'), operates a consumer cash back membership rewards platform that sells membership tiers to the public, enabling members to earn cash back on Digital Gift Card purchases from major retailers.

 

WHEREAS TapNPay+ operates the HS Parents program through which parents and legal guardians of K-12 students enroll as promoters, share the TapNPay+ platform with their community, and earn cash back compensation based on their documented promotional activity and resulting community membership activations.

 

WHEREAS TapNPay+ is a family consumer cash back membership program. It is not a Name, Image, and Likeness (NIL) program. The Student named in the Parent's registration profile is the beneficiary of the Parent's earnings under this Agreement. The Student is not a party to this Agreement, does not earn compensation, does not promote the program, and has no contractual relationship with TapNPay+ under this enrollment.

 

WHEREAS Parent is an adult of at least 18 years of age who is the parent, legal guardian, or authorized adult caregiver of the Student, and desires to participate in the program as a promotional partner of TapNPay+.

 

NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows:

 

 

SECTION 1 — DEFINITIONS

 

1.1  'TapNPay+ Platform' means the consumer cash back membership rewards application, website, and associated services operated by IntrActvMrktg, LLC at www.tapnpayplus.com.

 

1.2  'HS Parent Program' means the TapNPay+ family consumer cash back program through which enrolled Parents promote TapNPay+ memberships to their community of family, friends, and fans, and earn compensation based on resulting membership activations and Digital Gift Card purchases by their attributed community members.

 

1.3  'Membership' means a TapNPay+ consumer membership purchased at any available tier, currently ranging from $30 to $1,000, granting the purchaser access to cash back rewards on Digital Gift Card purchases from major national retailers.

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1.4  'Community Member' means any individual who purchases a TapNPay+ Membership through the HS Parent Program promotional activity, becoming an attributed member of the Parent's community. Community Members include the Parent's family, friends, fans of the Student, neighbors, colleagues, or any other individual the Parent shares the program with.

 

1.5  'Share Activation' means a single documented promotional act performed by the Parent using the TapNPay+ in-app Share button, which distributes the Pre-Loaded Share Message to the Parent's chosen audience, platform, or recipients. Every Share Activation is automatically date- and time-stamped and permanently logged to the Parent's account now of execution.

 

1.6  'Pre-Loaded Share Message' means the co-branded promotional message written and controlled exclusively by TapNPay+, distributed via the in-app Share button. The content of the Pre-Loaded Share Message may not be altered, edited, modified, or supplemented by the Parent in any way.

 

1.7  'Digital Gift Card' or 'DGC' means a digital gift card purchased by a TapNPay+ Community Member through the TapNPay+ Platform from participating national retailers, on which the member earns cash back rewards.

 

1.8  'Membership Activation Commission' means compensation equal to seventy percent (70%) of the purchase price of each Membership activated by a Community Member through the Parent's promotional activity.

 

1.9  'DGC Cash Back Performance Royalty' means ongoing compensation equal to ten percent (10%) of all cash back earned by the Parent's attributed Community Members on DGC purchases made through the TapNPay+ Platform.

 

1.10  'Active Status' means the status assigned to Parent when Parent has completed at least one (1) Share Activation within the current 30-day rolling window, making Parent eligible to earn compensation.

 

1.11  'Paused Status' means the status automatically assigned to Parent when Parent has completed zero (0) Share Activations in the current 30-day rolling window. A Paused Parent is not eligible to earn compensation during the pause period. One Share Activation immediately restores Active Status.

 

1.12  '30-Day Rolling Window' means the continuous 30-day period measured backward from any given date, used to evaluate Parent's Share Activation activity. The window rolls daily and is not a fixed calendar month.

 

1.13  'Student' means the K-12 student named as the beneficiary in the Parent's registration profile. The Student is not a party to this Agreement and has no rights, obligations, or compensation interests under it.

 

 

SECTION 2 — NOT A NIL PROGRAM — CRITICAL CLARIFICATION

 

This section must be read and understood before proceeding.

 

2.1  Consumer Program. TapNPay+ offers a family consumer cash back membership program. It is a commercial arrangement between TapNPay+ and the Parent as an adult promotional partner.

 

2.2  Not a NIL Program. The HS Parents Program is not a Name, Image, and Likeness (NIL) program in any respect. TapNPay+ does not use the Student's name, image, or likeness in any capacity. The Student earns no compensation. The Student has no promotional obligations. The Student is not an endorser, promoter, or affiliated party under this Agreement.

 

2.3  Parent is the Promoter. The Parent is the sole promoter under this Agreement. The Parent shares the app with their community using the TapNPay+ in-app Share button. The Parent's Share Activations are the documented promotional acts that form the quid pro quo consideration for compensation.

 

2.4  Student is the Beneficiary Only. The Student benefits from the Parent's earnings in that the Parent may use TapNPay+ cash back to fund the Student's activities, camps, travel, development, or any other purpose the Parent chooses. This beneficiary relationship does not create any contractual, promotional, or compensatory relationship between the Student and TapNPay+.

 

2.5  No School Approval Required. Because TapnPay+ is a family consumer program and not a student-athlete NIL deal, no school, athletic department, governing body, or institutional approval is required for the Parent's participation. The Parent participates as an independent adult consumer.

 

2.6  No Student Promotional Activity. The Student shall not perform any promotional activity for TapNPay+ under this Agreement, including but not limited to sharing, posting, distributing messages, creating content, or representing TapNPay+ in any capacity. Any such activity by the Student would be outside the scope of this Agreement and solely the Student's and Parent's responsibility.

 

 

SECTION 3 — PARENT ELIGIBILITY AND ENROLLMENT

 

3.1  Age Requirement. Parent must be at least 18 years of age at the time of enrollment.

 

3.2  Account Holder. Parent enrolls as the sole account holder of the TapNPay+ account. The account belongs to the Parent and may not be transferred to or operated by any minor.

 

3.3  Student Eligibility. The Student named as beneficiary must be enrolled in a K-12 school, home school program, or equivalent educational institution at the time of Parent's enrollment. There is no requirement that the Student participate in any specific activity, sport, or program for the Parent to remain enrolled.

 

3.4  Accurate Information. Parent represents that all information provided in the TapNPay+ registration profile is accurate and complete. Parent agrees to notify TapNPay+ of any material changes to their registration information.

 

3.5  Enrollment Completion. Parent's enrollment is complete upon execution of the TapNPay+ clickwrap registration, including completion of all required form fields and affirmative confirmation of all four required checkboxes. The clickwrap log — including timestamp, IP address, device fingerprint, individual checkbox confirmation states, and agreement version — constitutes the executed record of this Agreement.

 

 

SECTION 4 — PROMOTIONAL OBLIGATIONS

 

4.1  Primary Obligation — Share Activations

Parent's primary promotional obligation is to perform Share Activations using the TapNPay+ in-app Share button. Each Share Activation:

 

• Distributes the Pre-Loaded Share Message to the Parent's chosen audience, platform, or recipients

• Is automatically date- and time-stamped at the moment of execution and permanently logged to Parent's compliance record

• Constitutes Parent's documented promotional act and the quid pro quo consideration for compensation under this Agreement

• Is tracked by TapNPay+ from Parent's registered device and account

 

4.2  Monthly Activity Requirement — 30-Day Rolling Window

Parent must complete a minimum of one (1) Share Activation within every rolling 30-day period to maintain Active Status and eligibility for compensation. The activity standard is:

 

ACTIVE STATUS:

Share activity (30 Days):  1 or more shares

Compensation Eligibility:  Fully eligible

Reactivation:  N/A

​

PAUSED STATUS:

Share activity (30 Days):  0 shares in 30-day window

Compensation Eligibility:  Not eligible

Reactivation:  1 share activation restores immediately

​

TapNPay+ will notify Parent by email when their share count in the rolling window drops to zero, triggering auto-pause.

 

4.3  Pre-Loaded Share Message — No Modification Permitted

The Pre-Loaded Share Message is written and controlled exclusively by TapNPay+. Parent may not alter, edit, modify, remove, or supplement the message in any way. Any modification constitutes a material breach of this Agreement.

 

4.4  Additional Promotional Content — Voluntary

Parent may create additional promotional content about TapNPay+ at their own discretion. All such content must include a clear and conspicuous disclosure of the Parent's compensated promotional relationship with TapNPay+ using #ad or #TapNPayPartner. TapNPay+ may request removal of non-compliant content within 48 hours of written notice.

 

 

SECTION 5 — COMPENSATION

 

5.1  Membership Activation Commission — 70%

Parent earns a Membership Activation Commission equal to seventy percent (70%) of the purchase price of each Membership activated by a Community Member through Parent's TapNPay+ promotional activity, provided Parent is in Active Status.

 

Commission Examples

$30 membership   =  $21.00 to Parent

$100 membership  =  $70.00 to Parent

$250 membership  =  $175.00 to Parent

$500 membership  =  $350.00 to Parent

$1,000 membership = $700.00 to Parent

 

No commission is earned on activity that occurs while Parent is in Paused Status. Community Member activations during a pause period are not retroactively credited upon reactivation.

 

5.2  DGC Cash Back Performance Royalty — 10%

Parent earns a DGC Cash Back Performance Royalty equal to ten percent (10%) of all cash back earned by Parent's attributed Community Members on Digital Gift Card purchases through the TapNPay+ Platform. This royalty accrues on an ongoing basis while Parent is in Active Status and is tracked in real time in Parent's dashboard.

 

5.3  No Compensation Tied to Student Performance

Parent's compensation under this Agreement is tied exclusively to Parent's documented promotional Share Activations and the community membership activity those activations generate. No portion of Parent's compensation is contingent upon, associated with, or determined by the Student's athletic performance, academic results, activity participation, team outcomes, or any other student outcome.

 

5.4  No Compensation During Paused Status

Parent in Paused Status does not accumulate Membership Activation Commissions or DGC Cash Back Performance Royalties during the pause period. One Share Activation immediately restores Active Status and earnings eligibility on a prospective basis.

 

5.5  Payout Requirements

• Parent must complete W-9 tax verification in their TapNPay+ dashboard before any payout is processed

• Payouts are processed on TapNPay+'s standard payout schedule as posted in the Parent dashboard

• TapNPay+ will issue a Form 1099 to Parent if total annual earnings reach or exceed $600

• Parent is solely responsible for reporting TapNPay+ income on their personal tax returns as an independent contractor

• TapNPay+ will send Parent an email notification when cumulative annual earnings reach $500 (early notice) and $600 (IRS threshold)

 

 

SECTION 6 — COMMUNITY MEMBER VALUE PROPOSITION

 

6.1  Community Member Benefits. Every individual who joins TapNPay+ as a Community Member through the Parent's TapNPay+ promotional activity receives a genuine consumer product with independent retail value: a TapNPay+ membership that earns approximately 4% cash back on Digital Gift Card purchases from 300+ national retailers. Community Members are purchasing a product for themselves — they are not donating, fundraising, or making a charitable contribution.

 

6.2  Independent Consumer Decision. Every Community Member makes an independent affirmative decision to purchase a TapNPay+ membership. Membership purchases are non-refundable once processed. TapNPay+ sells memberships at public posted prices to the public.

 

6.3  No Fundraising. TapNPay+ is not a fundraising program. Parent does not collect money from Community Members on behalf of any organization, program, or cause. Community Members purchase TapNPay+ memberships for their own cash back benefit. The resulting commission to the Parent is a performance-based compensation paid by TapNPay+ — not a contribution from the Community Member to the Parent or Student.

 

 

SECTION 7 — TERM AND TERMINATION

 

7.1  Term. This Agreement is effective upon completion of the TapNPay+ clickwrap registration and remains in effect until terminated by either party per this Section.

 

7.2  Termination by Either Party. Either party may terminate this Agreement at any time with thirty (30) days written notice. Parent notice to: support@tapnpayplus.com. TapNPay+ notice to: Parent's registered email address.

 

7.3  Immediate Termination by TapNPay+. TapNPay+ may terminate this Agreement immediately and without notice if Parent:

 

• Provides materially false information in the registration profile

• Modifies the Pre-Loaded Share Message in violation of Section 4.3

• Fails to remove non-compliant Additional Promotional Content within 48 hours of written notice

• Allows or facilitates the Student to conduct promotional activity under this Agreement

• Engages in conduct that TapNPay+ reasonably determines is harmful to its brand, reputation, or legal standing

• Is found to have been under 18 years of age at time of registration

 

7.4  Effect of Termination. Upon termination: (a) Parent's account is deactivated; (b) all accrued and unpaid compensation earned prior to the termination date is paid per Section 5.5; (c) DGC Cash Back Performance Royalty ceases to accrue on the termination date.

 

 

SECTION 8 — REPRESENTATIONS AND WARRANTIES

 

8.1  Parent Represents and Warrants:

• Parent is at least 18 years of age as of the date of this Agreement

• Parent is the parent, legal guardian, or authorized adult caregiver of the Student named in the registration

• Parent has the legal right and authority to enter into this Agreement

• Parent's participation does not violate any existing agreement to which Parent is a party

• All information provided in Parent's registration profile is accurate and complete

• Parent will not facilitate, encourage, or permit the Student to engage in any promotional activity under this Agreement

• Parent understands and acknowledges that TapNPay+ is not a NIL program

 

8.2  TapNPay+ Represents and Warrants:

• TapNPay+ is a legitimately operating consumer membership rewards platform selling products to the public at posted prices

• TapNPay+ membership products have genuine independent retail value

• TapNPay+ will maintain accurate, real-time earnings records accessible to Parent through the dashboard

• TapNPay+ will issue required tax documentation in compliance with IRS requirements

• TapNPay+ will notify Parent before making any material changes to the Pre-Loaded Share Message or compensation structure

 

 

SECTION 9 — INDEMNIFICATION AND LIABILITY

 

9.1  Parent Indemnification. Parent agrees to indemnify, defend, and hold harmless TapNPay+, IntrActvMrktg, LLC, and their officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from: (a) Parent's breach of this Agreement; (b) any Additional Promotional Content created by Parent; (c) Parent's false or misleading statements in connection with TapNPay+ promotion; (d) Parent's misrepresentation of age or eligibility at registration; or (e) any promotional activity conducted by the Student under this Agreement.

 

9.2  TapNPay+ Limitation of Liability. TapNPay+'s total liability under this Agreement shall not exceed the total compensation paid to Parent in the 90 days prior to the claim.

 

9.3  No Consequential Damages. Neither party shall be liable for any indirect, incidental, consequential, special, or punitive damages arising out of this Agreement, regardless of whether such damages were foreseeable.

 

 

SECTION 10 — GENERAL PROVISIONS

 

10.1  Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to Parent's participation in the TapNPay+ program and supersedes all prior discussions, representations, or agreements on this subject.

 

10.2  Amendments. TapNPay+ may update the Pre-Loaded Share Message content and activity requirement standards with 14 days written notice to Parent. All other amendments require written agreement signed by both parties.

 

10.3  Governing Law. This Agreement is governed by the laws of the Commonwealth of Pennsylvania, without regard to conflict of law principles.

 

10.4  Dispute Resolution. Any dispute arising under this Agreement shall first be submitted to good faith negotiation. If unresolved within 30 days, disputes shall be resolved by binding arbitration under the rules of the American Arbitration Association in Pennsylvania.

 

10.5  Severability. If any provision of this Agreement is found unenforceable, the remaining provisions continue in full force.

 

10.6  Independent Contractor. Parent is an independent contractor, not an employee, agent, or partner of TapNPay+. Parent is solely responsible for all taxes on compensation received under this Agreement.

 

10.7  Non-Exclusivity. Nothing in this Agreement prevents Parent from participating in other programs, provided those activities do not conflict with Parent's obligations herein.

 

10.8  Electronic Execution. Execution of this Agreement by clickwrap at the TapNPay+ registration page constitutes a valid and binding electronic signature under the Electronic Signatures in Global and National Commerce Act (ESIGN) and the Uniform Electronic Transactions Act (UETA). The clickwrap log — including timestamp, IP address, device fingerprint, and individual checkbox confirmations — constitutes the executed record of this Agreement.

 

10.9  Notices. All legal notices shall be delivered in writing to: compliance@tapnpayplus.com (for TapNPay+) and to Parent's registered email address (for Parent).

 

TapNPay+ Program Agreement — v1.0

IntrActvMrktg, LLC DBA TapNPay+

compliance@tapnpayplus.com​