Reseller Agreement
Version 2026-11-05 - Effective November 5, 2026
This agreement governs your SunnyPOS reseller account. "You" means the person or business registering as reseller. By selecting the agreement checkbox and submitting registration, you confirm your authority to bind that business and accept these terms.
1. Independent reseller
You operate an independent business and are not an employee, agent, partner, or joint venturer of SunnyPOS. You may not bind SunnyPOS, promise services on its behalf, or make unauthorized warranties. Access is nonexclusive and subject to approval. No commission, territory, or margin is promised unless separately agreed in writing.
2. Required store pairing
You must pair every store you own or operate that uses SunnyPOS to your reseller account. Pair customer stores only with the owner's authorization. Verify store identity before redeeming a pairing code, maintain accurate account information, and remove access when authorization ends. Pairing does not transfer store ownership, funds, or customer obligations to SunnyPOS.
3. Financial and operational responsibility
SunnyPOS licensing fees: Applicable rates, billing basis, and effective dates are published in the SunnyPOS Reseller Fee Schedule. SunnyPOS will notify resellers in advance of new or changed rates, including the effective date. New fees apply prospectively.
You are financially responsible for your own stores and for SunnyPOS fees billed to your reseller account under agreed pricing and billing terms. A customer's failure to pay you does not cancel amounts you owe SunnyPOS. Review invoices and promptly report discrepancies. You are responsible for store sales, collections, taxes, payroll, refunds, chargebacks, fraud losses, customer disputes, staffing, training, hardware, connectivity, and daily operations. Unpairing or account closure does not erase amounts already owed.
Banking, payment processing, and other third-party services are subject to their separate terms. SunnyPOS does not guarantee settlement, funding, approval, profitability, or customer payment. This agreement alone does not authorize bank debits or card charges; required payment authorizations must be provided separately.
4. Security, data, and customer support
Protect credentials and pairing codes, restrict access to authorized personnel, and promptly report suspected unauthorized access. You are responsible for lawful handling of customer and employee data, required notices and consents, authorized report recipients, and appropriate records and backups. Check reports before accounting, payroll, tax, or business use. Provide installation, training, and first-line customer support unless a separate written arrangement applies.
5. Gift card obligations
You and participating merchants are responsible for programs you operate, funds collected, outstanding balances, redemption, refunds, cross-store reimbursement, reconciliation, customer service, disclosures, and compliance with gift card, unclaimed-property, tax, and consumer-protection laws. Agree in writing who owes card balances and how stores settle redemptions before activating a shared program. SunnyPOS supplies software records and controls; it does not hold or insure gift card funds, guarantee balances, or assume redemption or settlement obligations.
Configure permissions, fees, expiration, and restrictions only as permitted by applicable law. A software setting is not legal authorization. Removing a store, suspending a program, or closing an account does not extinguish lawful cardholder rights or outstanding balances. Preserve records and arrange continued lawful redemption or refunds when a store or program closes.
6. Software, brand, and confidentiality
SunnyPOS retains its software, trademarks, and intellectual property. Use them only as authorized for legitimate reseller activities. Do not misrepresent ownership, bypass access controls, copy or redistribute software without permission, or disclose confidential service or customer information except as authorized or legally required.
7. Service availability and liability
To the fullest extent permitted by law, services are provided "as is" and "as available," without implied warranties of merchantability, fitness for a particular purpose, or uninterrupted or error-free operation. Maintain reasonable outage procedures and verify transaction outcomes before retrying payments or gift card operations.
To the fullest extent permitted by law, SunnyPOS is not responsible for store operations, merchant promises, funds held by you or third parties, unauthorized actions outside its control, third-party failures, or indirect, incidental, special, consequential, or punitive damages, including lost profit, business, or data. SunnyPOS's aggregate liability under this agreement is limited to fees you paid SunnyPOS for the affected service during the twelve months before the event giving rise to the claim. These limits do not exclude liability that cannot lawfully be excluded or waive mandatory legal protections.
8. Third-party claims
To the extent permitted by law, you will indemnify SunnyPOS against third-party claims, losses, and reasonable costs arising from your store operations, unauthorized representations, breach, unlawful conduct, or gift card obligations, except to the extent caused by SunnyPOS's own negligence, willful misconduct, or breach. SunnyPOS must promptly notify you and reasonably cooperate. No settlement may impose an admission or obligation on SunnyPOS without its written consent.
9. Suspension and termination
SunnyPOS may suspend or terminate access for nonpayment, fraud, unauthorized access, material breach, or legal requirements, with notice and an opportunity to cure where reasonably practicable. You may stop using the service and request closure through SunnyPOS support. Outstanding payment, confidentiality, recordkeeping, gift card, indemnity, and liability obligations survive as applicable. Export required records before access ends when available and arrange an orderly handover of customer obligations.
10. Changes and other terms
Material changes will have a new version and be communicated before taking effect; renewed acceptance will be requested where legally required. Changes do not retroactively eliminate accrued rights. Separately signed commercial terms control direct conflicts on their subject matter. If a provision is unenforceable, the remaining provisions continue to apply.