This Partner Agreement ("Agreement") is entered into between CinematicCard ("Company"), operating at cinematiccard.com, and the entity or individual applying for the CinematicCard Partner Program ("Partner"). By activating an API key or purchasing card codes, Partner agrees to be bound by the terms of this Agreement.
1. Partner Program Overview
The CinematicCard Partner Program enables approved partners to integrate CinematicCard's cinematic greeting card experience into their own platforms, applications, and services. Through this program, partners receive:
Access to the CinematicCard API for programmatic card creation, customization, and delivery
Pre-purchased card codes that can be distributed to end users through the partner's platform
Technical documentation, integration support, and dedicated account management
Co-branding opportunities and marketing assets
The partnership is designed to extend the CinematicCard experience to new audiences while preserving the quality and integrity of the card delivery experience.
2. Definitions
"Partner" — The entity or individual approved to participate in the CinematicCard Partner Program and bound by this Agreement.
"API Key" — A unique, confidential credential issued by CinematicCard granting the Partner access to the CinematicCard API.
"Card Code" — A unique, single-use redemption code that entitles an end user to create one CinematicCard greeting card at no additional charge.
"End User" — Any individual who receives a Card Code from Partner and redeems it to create a CinematicCard.
"Card Experience" — The complete CinematicCard product, including the card creation flow, cinematic playback, music, effects, and delivery mechanism.
"Platform" — The Partner's application, website, or service through which Card Codes are distributed or the API is accessed.
"Confidential Information" — API keys, pricing terms, technical documentation, business strategies, and any information designated as confidential by either party.
3. License Grant
Subject to the terms of this Agreement, CinematicCard grants Partner a non-exclusive, non-transferable, revocable license to:
Access and use the CinematicCard API solely for the purpose of integrating the Card Experience into the Partner's Platform
Distribute purchased Card Codes to End Users through the Partner's Platform
Use CinematicCard's approved marketing materials and logos in connection with the partnership
This license does not convey any ownership rights in the CinematicCard platform, technology, or intellectual property. The license is contingent upon Partner's continued compliance with this Agreement and payment of all applicable fees.
4. API Usage
4.1 Acceptable Use
Partner shall use the CinematicCard API solely for its intended purpose: creating and delivering greeting cards through the Partner's Platform. Partner agrees to:
Follow all technical documentation and integration guidelines provided by CinematicCard
Implement reasonable error handling and retry logic as specified in the API documentation
Monitor API usage and respond promptly to any abuse or anomalies
4.2 Rate Limits
API access is subject to rate limits as specified in the technical documentation. Default limits are set per API key and may be adjusted based on the Partner's tier. CinematicCard reserves the right to throttle or temporarily suspend API access if usage patterns indicate abuse or threaten system stability.
4.3 Restrictions
Partner shall not:
Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the CinematicCard API or Card Experience
Resell, sublicense, or redistribute API access to any third party
Use the API to build a competing product or service
Attempt to circumvent rate limits, authentication mechanisms, or security measures
Transmit malicious code, spam, or unlawful content through the API
Use the API for load testing, benchmarking, or vulnerability scanning without prior written consent
5. Card Codes & Pricing
5.1 Volume-Based Pricing
Card Codes are sold in volume tiers. Pricing is determined by the total number of codes purchased per order:
Tier
Volume
Price per Code
Starter
5,000+
$1.25
Growth
25,000+
$0.99
Scale
100,000+
$0.75
Enterprise
500,000+
$0.50
Note: Enterprise pricing (500K+ codes) may be further negotiated on a case-by-case basis. Contact [email protected] for custom arrangements.
5.2 Code Terms
Card Codes are non-refundable once issued, except as outlined in Section 11 (Termination).
Card Codes do not expire. Each code remains valid until redeemed by an End User.
Each Card Code is single-use and entitles the End User to create one complete CinematicCard, including all standard features (calligraphy, fireworks, music, and shareable link).
Card Codes may not be resold at a price exceeding the retail price of a CinematicCard as listed on cinematiccard.com.
6. Branding Guidelines
6.1 Required Attribution
Partner must display a "Powered by CinematicCard" attribution in a reasonably visible location wherever the Card Experience or Card Codes are offered. Acceptable placements include:
Near the card code redemption interface
On the checkout or distribution page where codes are delivered
In the footer of any page featuring CinematicCard integration
6.2 Card Experience Integrity
Partner shall not modify, alter, frame, overlay, or otherwise interfere with the CinematicCard card creation or playback experience. The Card Experience must be presented in its original form as delivered by CinematicCard.
6.3 Logo Usage
Partner may use CinematicCard logos and brand assets solely as provided in the Partner Brand Kit. All usage must comply with the brand guidelines included therein. CinematicCard reserves the right to review and approve any use of its branding prior to publication.
7. Data Protection & Privacy
7.1 Compliance
Both parties agree to comply with all applicable data protection laws, including but not limited to the California Consumer Privacy Act (CCPA) and the General Data Protection Regulation (GDPR), to the extent each is applicable.
7.2 End User Data
CinematicCard collects only the data necessary to deliver the Card Experience (recipient name, sender name, message content, uploaded media, and delivery email address).
Partner shall not sell, share for advertising purposes, or otherwise misuse any End User data obtained through the partnership.
Partner shall maintain a privacy policy that accurately describes how End User data is collected and processed in connection with the CinematicCard integration.
7.3 Data Processing Agreement
Where required by applicable law, the parties shall enter into a separate Data Processing Agreement (DPA) that governs the processing of personal data. CinematicCard will provide a standard DPA upon request.
7.4 Data Breach Notification
Each party shall notify the other within 72 hours of becoming aware of any data breach that affects personal data processed in connection with this Agreement.
8. Payment Terms
8.1 Payment Methods
Orders under 25,000 codes: Payment is processed via Stripe (credit card or ACH bank transfer). Payment is due at the time of order.
Orders of 25,000+ codes: Payment may be made via invoice with Net-30 terms, subject to credit approval. CinematicCard reserves the right to require prepayment for first-time orders.
8.2 Invoicing
Invoices for Net-30 accounts will be issued upon order confirmation. Late payments are subject to a fee of 1.5% per month on the outstanding balance, or the maximum rate permitted by law, whichever is less.
8.3 Taxes
All prices are exclusive of applicable taxes. Partner is responsible for all taxes, duties, and government levies associated with their purchase of Card Codes, excluding taxes based on CinematicCard's net income.
9. Intellectual Property
CinematicCard retains all right, title, and interest in and to the CinematicCard platform, API, Card Experience, trademarks, logos, documentation, and all related intellectual property. Nothing in this Agreement transfers ownership of any CinematicCard intellectual property to Partner.
Partner retains all right, title, and interest in and to its own brand assets, trademarks, platform, and any original content created by Partner. Nothing in this Agreement transfers ownership of any Partner intellectual property to CinematicCard.
Neither party shall use the other party's intellectual property except as expressly authorized under this Agreement.
10. Confidentiality
Each party agrees to keep the other party's Confidential Information strictly confidential and to use it only for the purposes of this Agreement. Confidential Information includes, but is not limited to:
API keys and authentication credentials
Pricing terms and volume discounts
Business strategies, roadmaps, and unreleased features
Technical documentation not publicly available
Customer data and analytics
Confidentiality obligations survive termination of this Agreement for a period of three (3) years. These obligations do not apply to information that becomes publicly available through no fault of the receiving party, was already known to the receiving party, or is independently developed without reference to Confidential Information.
11. Termination
11.1 Termination for Convenience
Either party may terminate this Agreement for any reason by providing thirty (30) days' written notice to the other party via email.
11.2 Termination for Breach
Either party may terminate this Agreement immediately upon written notice if the other party:
Materially breaches any term of this Agreement and fails to cure such breach within fifteen (15) days of receiving written notice
Engages in fraudulent activity, illegal conduct, or any action that materially harms the other party's reputation
Becomes insolvent, files for bankruptcy, or ceases business operations
11.3 Effect of Termination
Upon termination, Partner's API access will be revoked and Partner must cease all use of CinematicCard branding and marketing materials.
Unused Card Codes: If this Agreement is terminated by CinematicCard for convenience (not for cause), CinematicCard will issue a refund for unredeemed Card Codes at the original purchase price, less a 10% administrative fee. No refund is issued if termination is due to Partner's breach.
Card Codes already distributed to End Users remain valid and redeemable regardless of termination.
Sections 9, 10, 12, 13, and 14 survive termination.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
CinematicCard's total aggregate liability arising out of or in connection with this Agreement shall not exceed the total fees paid by Partner to CinematicCard in the twelve (12) months preceding the event giving rise to the claim.
IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, including but not limited to loss of profits, revenue, data, or business opportunities, regardless of the theory of liability, even if such party has been advised of the possibility of such damages.
The CinematicCard API and Card Experience are provided "AS IS" and "AS AVAILABLE." CinematicCard makes no warranties, express or implied, regarding the availability, reliability, or fitness for a particular purpose of its services, except as expressly stated in this Agreement.
13. Indemnification
Partner agrees to indemnify, defend, and hold harmless CinematicCard, its officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to:
Partner's misuse of the CinematicCard API or violation of this Agreement
Partner's distribution of Card Codes in a manner not authorized by this Agreement
Any content or data transmitted through the API by Partner or its End Users
Partner's violation of any applicable law or regulation
Any claim by a third party arising from Partner's Platform or business operations
CinematicCard agrees to indemnify Partner against any claim that the CinematicCard API or Card Experience infringes a valid United States patent, copyright, or trademark of a third party, provided that Partner promptly notifies CinematicCard of such claim and cooperates in the defense.
14. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles. Any disputes arising out of or relating to this Agreement shall be resolved in the state or federal courts located in Delaware, and both parties consent to the exclusive jurisdiction of such courts.
The parties agree to attempt to resolve any dispute through good-faith negotiation before initiating legal proceedings. If the parties are unable to resolve the dispute within thirty (30) days of written notice, either party may pursue legal remedies.
15. Amendments
CinematicCard reserves the right to amend this Agreement at any time. Partner will be notified of material changes via email at least thirty (30) days before the amended terms take effect. Continued use of the API or distribution of Card Codes after the effective date of any amendment constitutes acceptance of the updated terms.
If Partner does not agree to the amended terms, Partner may terminate this Agreement in accordance with Section 11.1 before the effective date of the changes.
16. General Provisions
Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior agreements, negotiations, and representations.
Severability. If any provision of this Agreement is found to be unenforceable, the remaining provisions shall remain in full force and effect.
Waiver. A party's failure to enforce any provision shall not constitute a waiver of that provision or any other provision.
Assignment. Partner may not assign this Agreement without CinematicCard's prior written consent. CinematicCard may assign this Agreement in connection with a merger, acquisition, or sale of substantially all of its assets.
Notices. All notices under this Agreement shall be sent via email to the addresses on file. Notices to CinematicCard shall be sent to [email protected].
Force Majeure. Neither party shall be liable for any delay or failure to perform due to circumstances beyond its reasonable control, including natural disasters, war, government action, or internet service disruptions.
Questions about the Partner Agreement?
Contact our partnerships team at [email protected].