Trench Offer Provider Terms

These Offer Provider Terms ("Provider Terms") are an agreement between Tap Get To Install, a Delaware corporation, doing business as Trench ("Trench", "we", "us"), and the business that accepts them ("Offer Provider", "you"). They apply when you access Trench's public leaderboards or APIs to evaluate users, or make offers available to Trench users. By accepting these Provider Terms or making an offer available, you agree to them on behalf of your business.

1. The Offer Provider program

Trench operates a simulated trading game played with virtual credits. Results from Trench Public Credits are published on public leaderboards and APIs.

Offer Providers are third-party businesses that use this public information to offer rewards to Trench users, as a way to acquire customers for their own products. Each Offer Provider decides at its own discretion whether to make an offer and to whom.

No fees in either direction. Trench does not charge Offer Providers for access to its public leaderboards or APIs, for displaying offers, for click-throughs or for redemptions, and Trench does not pay Offer Providers. Neither party receives any payment or other compensation from the other under these Provider Terms. If this ever changes, it will be under a separate written agreement.

Independent parties. You and Trench are independent businesses. Nothing in these Provider Terms creates a partnership, joint venture, agency or employment relationship.

2. Offers

What you may offer. Offers may include discounts or credits on your own products, early or exclusive access, merchandise, and digital assets delivered to a user's self-custodial wallet. You fund and deliver every reward yourself. Trench does not fund, hold, transfer or guarantee any reward.

Eligibility. You may set eligibility requirements for your offer based on publicly available Trench Public Credits information, such as rankings or results. You may also require that a user's Public Credits balance be reduced before the user claims your offer, so that the same Public Credits cannot be used to qualify for the same or other offers repeatedly. Any such reduction is made by Trench on its own systems. Public Credits are never transferred, sold or paid to you or to anyone else, have no cash value, and you receive no credits, payment or other value from Trench or the user as a result.

Redemption and fulfilment. Users who select an offer are sent to your website to redeem it. You are solely responsible for the offer's terms, redemption process, fulfilment, customer support and any user complaints. Your offer terms must state clearly that the offer is made by you, not by Trench, and that Trench is not responsible for it.

Accurate offers. Offer descriptions you provide must be accurate, complete and not misleading, and must include any material conditions, limits and expiry dates. You must honour offers as described to users who meet your stated requirements.

3. Prohibited businesses and offers

You may not participate in the program, and offers may not promote or link to, any of the following:

• gambling, betting, lotteries, sweepstakes casinos or prediction markets;
• offerings of securities or other investments, including token sales and initial coin offerings;
• brokerages, crypto exchanges and other trading venues, including leveraged or margin trading, contracts for difference, binary options or funded-trader challenges;
• digital assets that are securities, or whose distribution would require registration or a licence you do not hold;
• adult content, weapons, drugs, tobacco or cannabis;
• pyramid, multi-level marketing or get-rich-quick schemes;
• anything unlawful, deceptive or that infringes others' rights;
• any other business or offer that Trench decides, at its discretion, is not suitable for the program.

4. Review and removal

Trench may review, approve, reject, pause or remove any Offer Provider or offer at any time, for any reason, with or without notice. Trench may ask you for information about your business and offers, and you agree to provide it promptly. Trench does not endorse any Offer Provider or offer by displaying it.

5. Data and API use

• Public information only. Trench gives Offer Providers no personal information beyond what is publicly available on its leaderboards and APIs. You may use that information only to evaluate and make offers under these Provider Terms.
• No misuse. You may not try to identify users beyond what they make public, combine Trench data with other data to profile users, sell or resell Trench data, contact users outside your offer flow based on Trench data, or exceed any API rate limits or published API terms.
• Your own data. Information users give you on your website is collected by you, as an independent controller, under your own privacy policy. You are responsible for complying with privacy and data protection laws for that information.

6. Your responsibilities

You represent and agree that:

• you are a validly organized business with authority to accept these Provider Terms;
• your business, offers and rewards comply with all applicable laws, including consumer protection, advertising, promotions, privacy, securities, anti-money laundering, tax and sanctions laws;
• you hold any licences or registrations your business and offers require;
• you are solely responsible for any tax reporting, withholding or other obligations relating to rewards you provide;
• you are responsible for ensuring that your offer and rewards are lawful for each user who claims them, including declining or restricting redemptions where required by sanctions laws or local law;
• you will comply with Trench's Terms of Service for users, and with any reasonable instructions Trench gives about the program.

7. Brand use

You grant Trench a non-exclusive, royalty-free licence to display your name, logo and offer content in the Trench service while your offer is active. You may refer to Trench only as a factual description of where your offer appears, and may not suggest that Trench sponsors, endorses or is responsible for your offer.

8. Disclaimers and limitation of liability

Trench's leaderboards, APIs, data and service are provided "as is" and "as available", without warranties of any kind, including accuracy or availability. Game results are simulated and do not reflect real trading.

To the fullest extent permitted by law, Trench will not be liable for any indirect, incidental, special, consequential or punitive damages, or lost profits, arising from these Provider Terms or the program. Because no fees are paid under these Provider Terms, Trench's total liability will not exceed US$100.

9. Indemnity

You will defend and indemnify Trench and its officers, directors and employees against all claims, losses and costs, including reasonable legal fees, arising from your offers and rewards, your dealings with users, your use of Trench data, or your breach of these Provider Terms or any law.

10. Term and termination

These Provider Terms apply until either party ends them. Either party may end them at any time by notice. When they end, your offers will be removed, and you must still fulfil any offer a user has already claimed. Sections 5, 8, 9 and 11 survive termination.

11. General

These Provider Terms are governed by the laws of the State of Delaware, USA, without regard to conflict of law rules. Any dispute will be resolved exclusively in the state or federal courts located in Delaware, and each party consents to their jurisdiction.

Trench may update these Provider Terms by posting a new version or notifying you. Continuing to participate after the update means you accept it. You may not assign these Provider Terms without Trench's consent. These Provider Terms are the entire agreement between the parties about the program.

Contact: legal@trench.io