CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY [***], HAS BEEN OMITTED BECAUSE OLO INC. HAS DETERMINED THE INFORMATION (I) IS NOT MATERIAL AND (II) WOULD LIKELY CAUSE COMPETITIVE HARM TO OLO INC. IF PUBLICLY DISCLOSED.
DELIVERY NETWORK AGREEMENT
BETWEEN MOBO SYSTEMS, INC. AND DOORDASH, INC.
This Delivery Network Agreement (Agreement) is entered into and made effective as of March 30, 2017 (Effective Date) by and between DoorDash, Inc., a Delaware corporation, located at 116 New Montgomery Street, Suite 400 (DoorDash), and Mobo Systems, Inc., a Delaware corporation, located at 26 Broadway, 24th Floor, New York, NY 10004 (Olo) (collectively, the Parties).
WHEREAS, Olo offers white label digital ordering and delivery applications (the Olo Licensed Applications) for multi-location restaurants (the Olo Customer(s)); and,
WHEREAS, DoorDash offers a proprietary system (the DoorDash Platform) which allows DoorDash customers to place orders (via online properties and mobile applications) for products provided by restaurants, which products are picked up from restaurants and delivered to customers by third-party delivery service providers (Dashers);
WHEREAS, Olo has developed a delivery application programming interface (the Delivery API) and desires to offer access to the Delivery API to DoorDash pursuant to the terms and conditions herein;
NOW, THEREFORE, the Parties agree as follows:
Available Delivery Service Providers shall mean the Delivery Service Platforms who have created a Profile on the Licensed Applications, are available to be selected by Customer and are authorized to make deliveries to End Users in a given Delivery Area on behalf of a Customer.
Dashers shall mean third-party delivery service providers who cover a specific Delivery Area(s) that comprise a portion of the Territory, have their own vehicles, connect to the DoorDash Applications, and pick up the Product from the Customer location and deliver it to the End User location.
Delivery Area shall mean the area(s) in which Dashers, using the DoorDash Applications, provide service to End Users.
Delivery Fees shall mean the fees received by Olo from a Customer based on: [***].
Delivery Guidelines shall mean the rules and responsibilities associated with the delivery of the Product to the End User, including the refund protocol, as further specified in Exhibit A of this Agreement.
Delivery Service Platforms shall mean the providers of technology platforms, accessed and used by delivery drivers, who cover a specific Delivery Area(s) that comprise a portion of the Territory and are available to pick up the Product from the Customer location and deliver it to the End User-specified location.