Authorization and Third-party Integration Waivers (RTI Master Subscription Agreement Annex E)

This article includes the authorizations for third-party integrations that are necessary to deliver some features of your RUSH platform.

1. Authorization for SMS Masking

By availing of the RUSH Software (the “Service”), Merchant authorizes RUSH TECHNOLOGIES Inc. (RTI) as a communications channel to send SMS blasts and to submit any provided information required by the Google Play and Apple App Stores for and in behalf of  the Merchant, and, upon Merchant’s approval and subject to conditions which RTI may in its sole discretion opt to impose, to customize the number appearing on the SMS recipient’s phone, making it appear that the SMS was sent by RUSH (“Masked Name”), with Masked Name as the masked name for Merchant’s use.

Merchant represents and warrants that Masked Name and any and all title, rights and interest thereto are owned by Merchant and that no other person or entity has the right to use or cause the distribution thereof as a masked name. Accordingly, Merchant hereby undertakes that it shall hold RTI and its communication affiliates its directors, stockholders, officers, employees and agents, free, harmless and indemnified against any and all claims, suits, proceedings, actions, and other demands of third parties claiming title, ownership or any other interest with respect to the use of Masked Name as Merchant’s trade name, trademark, domain name, or any name/designation forwarded to the recipients.

Furthermore, Merchant undertakes that it shall at all times comply with applicable laws, rules and regulations relating to the sending of SMS and the use of a masked name in the sending of SMS. Accordingly, Merchant hereby undertakes to hold RTI and communication affiliates free, harmless and indemnified against any and all liabilities with respect to such laws, rules and regulations.

2. Third Parties


2.1 Logistics.

a. Merchants have the responsibility to fulfill and ensure that Customers receive the items ordered. Unless otherwise agreed with RTI, Merchant should make the necessary arrangements on their own to have the purchased item delivered to the Customer within the time frames that Merchant has committed to Customer.

b. RTI does not make any warranty or representation on the services of Third-Party Couriers.

c. RTI shall not be held responsible whatsoever for the Third-Party Courier’s action, negligence, failure, lateness, or rejection to provide transportation services. Neither shall RTI be held liable for the safety, reliability, compatibility, or capability of the Third-Party Courier during the fulfillment of the Third-Party Courier’s obligations in delivering the items. Merchants shall hold RTI and the RTI indemnified persons harmless and free from liability from any and all claims, responsibilities, causes, or damages.

d. Merchants bear all risk attached to the delivery of the purchased item(s). In the event where the purchased item(s) is damaged or lost, or there is failure of delivery during the course of delivery, Merchants acknowledge and agree that RTI will not be liable for any damage, expense, cost or fees resulted therefrom, and Merchant and/or Buyer must reach out to the logistic service provider to resolve such dispute.

e. For the applicable terms and conditions of our third-party logistics, go to www.help.rush.ph website. 


2.2 E-Store Payment Gateways.

For the applicable terms and conditions for our e-store payment gateways, go to www.help.rush.ph website.

  
2.3 SMS Masking by Third-Party Providers.

    1. A Merchant who avails a Masked Name other than the default masked name of RTI which is “RUSH”, hereby agrees to give consent and be bound to the following Letter of Authorization and Terms and Conditions of the third-party provider:

      This is to confirm that sufficient authority has been given to  RUSH communication affiliates, partners, agents, and authorized representatives to act as a communications channel to send A2P SMS on its behalf within the indicated time frame below, upon its approval and subject to conditions which  may in its sole discretion opt to impose, to customize the number appearing on the SMS recipient’s phone, making it appear that the SMS was sent by the SID/s listed below as the masked name/s for <Short Name of Company>.

      <Short Name of Company> represents and warrants that the SID/s below and any and all title, rights and interest thereto are owned by <Short Name of Company> and that no other person or entity has the right to use or cause the distribution thereof as SIDs. Accordingly, <Short Name of Company>, hereby undertakes that it shall hold any RUSH communication affiliates, its directors, stockholders, officers, employees and agents, free, harmless and indemnified against any and all claims, suits, proceedings, actions, and other demands of third parties claiming title, ownership or any other interest with respect to the use of the SID/s below as Short Name of Company’s masked name, trade name, trademark, domain name, or any name/designation, forwarded to the recipients. 

      Furthermore, <Short Name of Company> undertakes that it shall at all times comply with applicable laws, rules and regulations relating to the sending of SMS and the use of a masked name in the sending of SMS. Accordingly, <Short Name of Company>hereby undertakes to hold m360 and Globe Telecom, Inc. free, harmless and indemnified against any and all liabilities with respect to such laws, rules and regulations.

      Sender ID

      Purpose of SMS Blast

      Validity Period

      From

      To

      1. 

           

      2.

           

      3.

           

      Notes:
      • Add rows to list more SIDs.
      • A maximum of eleven (11) alphanumeric characters is allowed per SID.
      • Add rows to list more SIDs.
      • A maximum of eleven (11) alphanumeric characters is allowed per SID.
      • Spaces are allowed. Each one (1) space is equivalent to one (1) character. 
      • Both uppercase and lowercase are allowed.
      • Special characters are not allowed.
      • SID must be linked to the company name/brand/identity to identify the SMS sender easily. 
      • Use of common nouns as SIDs will not be allowed. (e.g. Intl_school, local_banks) 
      • SIDs must not be that of any other company or competitor.
      • SIDs must not be derogatory.
      • One (1) message part is 160 characters. Messages with more than 160 characters will be counted per 153 characters per message part.