Engage Product Performance Guarantee
1. Performance Guarantee
Should the annualized value of actions (warns & declines) fall below two times (2x) the First Year’s Annual Subscription Fee, then the Client shall receive a percentage refund of its First Year Annual Subscription Fee equal to the percentage miss of the guaranteed actions and the actual actions.
2. Performance Guarantee Parameters and Measurement
2.1. Guarantee timeframe. For purposes of the Guarantee, the annualized value of actions shall be measured using the 12 months immediately following implementation of the respective Engage product being evaluated via this Guarantee. “Implemented” shall mean the product is fully live in all contracted stores and channels.
2.2. Guarantee Measurement. Within 10 business days of the expiration of the Guarantee Timeframe, Appriss Retail will measure and provide to Client the total annualized actions for the respective products being measured. The measurement will be calculated using the actual annualized value of actions, excluding any Client overrides, unless Client elects to implement its products in “forced approval” mode. If Client elects to implement the products in “forced approval” mode, rather than utilizing decisioning, then Appriss Retail will run the Engage Product models in the background in order to calculate the measurement for this Guarantee.
2.3. Performance Guarantee Measurement Documentation. Within fifteen (15) days following the Performance Guarantee measurement, Appriss Retail shall provide Client with reasonable written documentation to substantiate Appriss’s calculation of the actions and Performance Guarantee results.
2.4. Dispute Process. Client shall have fourteen (14) days following receipt of the Performance Guarantee Measurement Documentation to notify Appriss in writing of any reasonable dispute regarding the Performance Guarantee calculation. Upon receipt of such notice, the parties shall work in good faith to resolve the dispute within fourteen (14) days, including sharing additional supporting data or clarification as reasonably requested. If the parties are unable to resolve the dispute within such fourteen (14) day period, either party may escalate the dispute to senior commercial representatives for resolution. If the dispute remains unresolved after such escalation, the parties may engage an independent, mutually agreed third-party analytics firm to review the calculation, and the findings of such firm shall be binding absent manifest error. The cost of such review shall be borne by the non-prevailing party.
3. Performance Guarantee Contingencies
3.1. Implementation Requirements. For this guarantee to be valid, the products being evaluated must be fully implemented on or before the go-live date for the respective product as agreed to by the parties in the project kick-off, as stated in the Order Form. If a delay in implementation of more than six weeks is caused by Client and is not mutually agreed by the parties, this guarantee shall be void. If the delay in implementation of more than six weeks is caused solely by Appriss Retail, the parties shall determine a new schedule for which to measure this guarantee.
3.2. Guarantee Requirements. Client acknowledges that achieving maximum actions is contingent upon Client’s compliance with Appriss’s recommended implementation for the Engage Product and applicable modules. As such, Client agrees that the performance guarantee shall only be valid upon Client’s use of the Engage Product in a manner that is materially aligned with the terms and conditions contained below:
a. Client shall process all returns, exchanges, refunds, or claims through their purchased Engage Module(s).
b. For in-store returns, exchanges, or refunds, Client shall require that customer provide a valid ID on all non-receipted returns.
c. For Claims Authorization, Order Protection, and Return Authorization modules, Client shall select from among the three model levels presented by Appriss Retail:
3.2.c.1. Lenient means as compared with other retailer’s refund models a below average denial rate
3.2.c.2. Middle of the Road means as compared with other retailer’s refund models, a typical / standard denial;
3.2.c.3. Strict means as compared with other retailer’s refund models, an above average denial rate
d. Once implemented, the Engage modules must be continuously active through the guarantee period. For avoidance of doubt, unavailability and/or SLA failures of the Engage Modules and/or Appriss Retail Platform shall not void this guarantee.
Any significant deviation from Company’s recommended use of the Engage Product may void this guarantee. “Significant deviation” shall mean a material deviation that has a demonstrable and documented adverse impact on performance results.
For avoidance of doubt, Client’s exercise of its documentation, validation, or dispute rights herein shall not void or suspend the Performance Guarantee.