These Terms and Conditions form the basis on which Participants may be eligible to participate in the Promotion. By participating in the Promotion (including by submitting an Eligible Application in accordance with these Terms and Conditions), Accredited Dealers and Participants are deemed to have read, accepted and agreed to be bound by these Terms and Conditions and any participation in the Promotion by Accredited Dealers and Participants constitutes an irrevocable agreement to these Terms and Conditions.
1. The Promotion is only open during the Promotional Period to Participants.
2. The Promotion commences at 12:01am PST on 01 March 2022 and closes at 5:00pm PST on 30 June 2022.
3. To participate in the Promotion, Participants must, during the Promotional Period, submit Eligible Applications to SilverChef by:
- referring an Eligible Customer to SilverChef and providing the Eligible Customer's application information and details to a representative of SilverChef, from which a subsequent Eligible Application has been completed and submitted for credit approval to SilverChef's credit approval department;
- completing a paper Eligible Application form and submitting to SilverChef; or
- processing the Eligible Application themselves directly through SCOAP or the Apply Online Portal.
4. Subject to the terms of the Promotion and these Terms and Conditions, Participants will be eligible to earn a Reward for each Eligible Application submitted to SilverChef during the Promotional Period.
5. Rewards will be calculated as follows:
- $100 for every Eligible Application;
- $200 for every Franchise Eligible Application; and
- a bonus of $100 per Eligible Application or per Franchise Eligible Application submitted by the Participant during the sale calendar month in which such Participant has achieved the Bonus Criteria
6. All rewards will be paid in CAD.
7. Total available Reward is $100 per Eligible Application, or $200 per Franchise Eligible Application, not combinable, submitted to SilverChef during the Promotional Period, unless eligible for Bonus Criteria.
8. Eligible Applications need not result in a contract between SilverChef and the Eligible Customer for a Participant to be eligible for a Reward, provided however, that Eligible Applications submitted by Participants will be subject to SilverChef’s usual vetting and approval process. SilverChef adheres to responsible lending practices and reserves the right to refuse any applications for any reason whatsoever, at its sole discretion, without explanation.
9. Earned Rewards will be paid weekly.
10. Participants are able to redeem Rewards via Electronic Funds Transfer (EFT) or gift card. For payment via EFT, the Participant must have completed a ‘rebate payment form’ and submitted same to SilverChef. No other payment method will be considered.
11. Only Participant sales representatives who submit the Eligible Application to SilverChef will be entitled to payment of any earned Reward. Payment of, or any entitlement to, a Reward cannot be transferred or assigned by any Participant to another employee within the Accredited Dealer or any other person.
12. When completing and submitting a paper Eligible Application form, the Participant must include their name in the ‘dealer contact name’ field. Participants who do not complete this section may, at SilverChef’s sole discretion, forfeit any Reward for that Eligible Application. The Reward for Eligible Applications submitted through SCOAP will be paid to the Participant whose SCOAP account the Eligible Application is processed via.
13. Notwithstanding anything to the contrary, SilverChef reserves the right to verify the validity and eligibility of all applications for the purposes of approving same as Eligible Applications and, in its sole and absolute discretion, to disqualify any Accredited Dealer and/or Participant (and reject all Eligible Applications from any such Accredited Dealer and/or Participant) who SilverChef has reason to believe has breached any of these Terms and Conditions, tampered with the participation process or engaged in any unlawful or other improper or fraudulent misconduct or activity which has or may jeopardise fair and proper conduct of the Promotion. SilverChef’s legal rights to recover damages or other compensation from such an offender are reserved. All applications will be rejected if they do not comply with these Terms and Conditions.
14. Any decision made by SilverChef in relation to the foregoing clause 13, the Promotion, Accredited Dealers, Participants, Eligible Applications or otherwise arising out of or in any way connected to the Promotion or these Terms and Conditions is final and binding and no correspondence will be entered into in respect of any decision made. For the avoidance of doubt, any dispute relating to the Promotion (including, without limitation, a dispute as to whether a Participant or Accredited Dealer has complied with these Terms and Conditions) or these Terms and Conditions shall be resolved by SilverChef in its sole and absolute discretion.
15. SilverChef reserves the right to suspend, alter, adjust or terminate the Promotion or these Terms and Conditions at its sole and absolute discretion. Any changes to the Promotion or these Terms and Conditions during the Promotional Period will be notified to Participants in writing and will only effect Rewards arising from Eligible Applications submitted after the changes are communicated to Participants.
16. Accredited Dealers and Participants acknowledge and agree that SilverChef will not be liable for any injury or damage whatsoever or howsoever caused associated with, in connection with, or arising from, the Promotion, these Terms and Conditions or any Reward. By participating in the Promotion, Accredited Dealers and Participants release and hold harmless SilverChef, its affiliates and its and their respective directors, officers, owners, partners, employees, agents, representatives, successors and assigns from any and all liability directly or indirectly arising in connection with the Promotion. In no event shall SilverChef or its affiliates be liable for any special, incidental, indirect, punitive or consequential damages, even if advised of the possibility of such damages.
17. This Promotion cannot be used in conjunction with or combined with any other promotion or offer.
18. Participants are solely responsible for payment of any applicable taxes, fees and other assessments on any Reward as well as reporting any Reward to the appropriate taxing authority for tax purposes, as required.
20. Each Accredited Dealer and Participant shall comply with all laws, legislation and regulatory requirements in connection with their participation in the Promotion. Accredited Dealers and Participants are expressly prohibited from using misleading and/or deceptive conduct and false or misleading statements or advertising to entice Eligible Customers into submitting an application with SilverChef and hereby agree to indemnify, defend and hold SilverChef harmless from any and all losses or damages that SilverChef may suffer or incur as a result of any breach of their obligations under these Terms and Conditions, including this clause 20.
21. These Terms and Conditions and the Promotion are governed by the laws of British Columbia and the parties submit to the exclusive jurisdiction of British Columbia.
22. Any provision of these Terms and Conditions which are held to be unenforceable by a court of competent jurisdiction is, where possible, severed to the extent necessary to make the Terms and Conditions enforceable, unless it would materially change the intended effect of these Terms and Conditions. The Promotion is void where prohibited by law and is subject to all applicable federal, provincial and municipal laws and regulations.
23. A notice purported to be served under these Terms and Conditions will be deemed to have been properly served if the same is in writing and is sent to the usual address of the recipient by mail, telegram, facsimile, email or telex message or personal delivery.
24. SilverChef assumes no responsibility for failure of the internet, postal delays, any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software, failure of any e-mail or traffic congestion on the internet or at any website, or any combination thereof, including any injury or damage to a Participant's or Accredited Dealer's or any other person’s computer related to or resulting from the Promotion.
25. Unless the context requires otherwise:
- Accredited Dealers means SilverChef Accredited Dealers located in Canada that are enrolled or eligible to participate in SilverChef’s Partner Program and/or ESI program and "Accredited Dealer" means any one of such Accredited Dealers;
- Bonus Criteria means a Participant has submitted a minimum of 4 Eligible Applications or 4 Franchise Eligible Applications within a calendar month during the Promotional Period;
- Eligible Application means a completed application to finance specific items of commercial kitchen equipment that is submitted during the Promotional Period to SilverChef either directly by a Participant on behalf of an Eligible Customer or as a result of a Participant's referral of an Eligible Customer to SilverChef in accordance with clause 3 of these Terms and Conditions, provided in all cases that such application complies with SilverChef’s requirements, in its sole and absolute discretion, and provided further that such application has been processed and submitted for credit approval to SilverChef's credit approval department;
- Eligible Customer means a new customer of SilverChef that has never, prior to the submission of the applicable Eligible Application, transacted in any manner with, or been a customer or client of, SilverChef, including any such new franchisor or franchisee customer and for the avoidance of doubt, excluding any existing or previous customer of SilverChef or any of its affiliates;
- Franchise Eligible Application means any Eligible Application submitted on behalf of an Eligible Customer that is a franchisor or franchisee, as defined by SilverChef in its sole and absolute discretion;
- Participants means individuals who are sales representatives at Accredited Dealers and who are enrolled or eligible to participate in SilverChef’s Partner Program and/or ESI program;
- Promotion means the incentivised promotion detailed in these Terms and Conditions, running for the Promotional Period whereby eligible Participants can earn a Reward for submitting Eligible Applications to SilverChef during the Promotional Period;
- Promotional Period means the period commencing at 12:01am PST on 01 March 2022 and ending at 5:00pm PST on 30 June 2022, subject to any extensions thereof granted by SilverChef, in its sole and absolute discretion, to certain Participants or Accredited Dealers;
- Reward means the monetary incentive a Participant will be eligible to receive pursuant to these Terms and Conditions for submitting Eligible Applications to SilverChef during the Promotional Period on behalf of Eligible Customers;
- SCOAP means SilverChef’s online applications portal;
- SilverChef means Silver Chef Rentals Inc. of 948 Homer Street, Vancouver, V6B 2W7; and
- Terms and Conditions means these dealer sales representative incentive terms and conditions, as same may be amended from time to time by SilverChef.