GRUBHUB SMB PROMOTIONAL MARKETING PACKAGE TERMS 

These SMB Promotion Terms apply to the service relationship between Grubhub and the Restaurant signing the Promotion Addendum; all of the Program Addendum, the Restaurant Agreement, and the Restaurant Terms, are incorporated into these SMB Promotion Terms.  Capitalized terms not defined herein will have the meanings set forth in the Promotion Addendum and/or the Restaurant Terms, as applicable.  Grubhub reserves the right to remove any or all Restaurant locations from the Grubhub Platform and/or Grubhub Systems for any or no reason regardless of which Marketing Package Option Restaurant selected on the Promotion Addendum.  

I. TERMS AND CONDITIONS FOR OPTION 1 ONLY:  Starter Package

1. WHITE LABEL DIGITAL ORDERING WEBSITE:  Restaurant can elect to have Grubhub build a digital ordering website for Restaurant’s use in promoting its brand and facilitating Grubhub Delivery.  This offer is subject to availability, and to additional terms and conditions which Restaurant must accept prior to Grubhub’s development of the digital ordering website.
2. ACCESS TO GRUBHUB PLATFORM & COMMISSIONS: At Grubhub’s sole discretion, Restaurant will be listed on the Grubhub Platform and/or the Systems.
   1. Marketing Commission: In the event that Grubhub lists Restaurant on the Grubhub Platform, Restaurant will not pay a Marketing Commission. 
   2. Delivery Commission: If Restaurant participates in Grubhub Delivery, Restaurant will pay Grubhub a flat-fee, per-order Delivery Commission, as set forth in the Promotion Addendum, for each Grubhub Delivery order placed.  Grubhub reserves the right in its sole discretion to establish delivery parameters, time limitations, and/or availability of the Grubhub Delivery Services.  
3. RESTAURANT PHOTO SHOOT:  At Restaurant’s option and subject to availability, Grubhub will retain a professional photographer to photograph Restaurant locations and menu items.  Grubhub will retain sole ownership of the photographs, but will make the images available to Restaurant for Restaurant’s own promotional purposes for as long as Restaurant remains on the Grubhub Platform.  At Grubhub’s discretion, Grubhub may facilitate the professional photography session at no charge to Restaurant, subject to availability and provided that Restaurant provides all appropriate access and any necessary consents.
4. DINER FEES: Restaurant understands and agrees that Grubhub reserves the right in its sole discretion to charge diner-facing fees, including without limitation delivery, service, or small order fees 

II. ADDITIONAL TERMS AND CONDITIONS FOR OPTION 2 ONLY: Marketing Package 

1. ACCESS TO GRUBHUB PLATFORM & COMMISSIONS: Restaurant will be listed and promoted on the Grubhub Platform and other Grubhub Services.
   1. Marketing Commission: Restaurant will pay Grubhub the Marketing Commission set forth in the Promotion Addendum.  
   2. Delivery Commission: If Restaurant participates in Grubhub Delivery, Restaurant will pay Grubhub a flat-fee, per-order Delivery Commission as set forth in the Promotion Addendum.  Grubhub reserves the right in its sole discretion to establish delivery parameters, time limitations, and/or availability of the Grubhub Delivery Services.  
2. DINER FEES: Restaurant understands and agrees that Grubhub reserves the right in its sole discretion to charge diner-facing fees, including without limitation, delivery, service, or small order fees.
3. RESTAURANT PHOTO SHOOT:  At Restaurant’s option and subject to availability, Grubhub will retain a professional photographer to photograph Restaurant locations and menu items.  Grubhub will retain sole ownership of the photographs, but will make the images available to Restaurant for Restaurant’s own promotional purposes for as long as Restaurant remains on the Grubhub Platform.  At Grubhub’s discretion, Grubhub may facilitate the professional photography session at no cost to the restaurant, subject to availability and provided that Restaurant provides all appropriate access and any necessary consents.   
4. WHITE LABEL DIGITAL ORDERING WEBSITE:  Restaurant can elect to have Grubhub build a digital ordering website for Restaurant’s use in promoting its brand and facilitating Grubhub Delivery.  This offer is subject to availability, and to additional terms and conditions which Restaurant must accept prior to Grubhub’s development of the digital ordering website.
5. POS INTEGRATION:  Where available and subject to all relevant terms and conditions in the Restaurant Agreement and Term, Grubhub will support an integration with Restaurant’s Point of Sale System. 

ADDITIONAL TERMS AND CONDITIONS FOR OPTION 3 ONLY:  Marketing+ Package 

1. PREMIUM ACCESS TO GRUBHUB PLATFORM & COMMISSIONS: Restaurant will receive top-tier listing and promotion on the Grubhub Platform and other Grubhub Services.
   1. Marketing Commission: Restaurant will pay Grubhub the Marketing Commission set forth in the Promotion Addendum for this premium level of access to the Grubhub Services.    
   2. Delivery Commission: If Restaurant participates in Grubhub Delivery, Restaurant will pay Grubhub a flat-fee, per-order Delivery Commission set forth in the Promotion Addendum for each Grubhub Delivery order.  Grubhub reserves the right in its sole discretion to establish delivery parameters, time limitations, and/or availability of the Grubhub Delivery Services.  
2. GRUBHUB+: Restaurant will be eligible to participate in Grubhub+, which is a membership program that offers additional benefits to Grubhub diners subject to the Membership Terms of Use available at https://lp.grubhub.com/legal/plus/ (or another successor URL used by Gruhub). 
3. DISCOUNTED DINER FEES: For orders placed through Restaurant locations for Grubhub Delivery, Grubhub will, in its sole discretion, discount diner-facing delivery fees to boost transaction volume to Restaurant.  Restaurant understands and agrees that Grubhub reserves the right in its sole discretion to charge diner-facing fees, including without limitation, delivery, service, or small order fees.
4. RESTAURANT PHOTO SHOOT:  At Restaurant’s option and subject to availability, Grubhub will retain a professional photographer to photograph Restaurant locations and menu items.  Grubhub will retain sole ownership of the photographs, but will make the images available to Restaurant for Restaurant’s own promotional purposes for as long as Restaurant remains on the Grubhub Platform.  At Grubhub’s discretion, Grubhub may facilitate the professional photography session at no cost to the restaurant, subject to availability and provided that Restaurant provides all appropriate access and any necessary consents.  
5. WHITE LABEL DIGITAL ORDERING WEBSITE:  Restaurant can elect to have Grubhub build a digital ordering website for Restaurant’s use in promoting its brand and facilitating Grubhub Delivery.  This offer is subject to availability, and to additional terms and conditions which Restaurant must accept prior to Grubhub’s development of the digital ordering website.
6. POS INTEGRATION:  Where available, Grubhub will support an integration with Restaurant’s Point of Sale System, subject to all relevant terms and conditions in the Restaurant Agreement and Terms.