Adrenaline Fundraising Renewal Agreement
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Terms and Conditions
This Agreement is entered with the Merchant identified above and ____________________________, d/b/a Adrenaline Fundraising (hereinafter “Fundraising Rep”). The purpose of this agreement is to (1) facilitate fundraising and promotional efforts on behalf of the above school/organization, and (2) advertise and promote the Merchant to associates and supporters of the school/organization. In exchange for the establishment and maintenance of a discount program on the terms provided below, Merchant shall receive promotional advertising on discount program vehicles the Fundraising Rep and the individual school/organization determine to be appropriate for their fund raising or promotional efforts. In consideration of the aforementioned Recitals and other good and valuable consideration, the sufficiency of which is hereby acknowledged, Fundraising Rep and Merchant hereby agree as follows:
1. The fundraising/promotional vehicle(s), which School/Organization has selected and for which Merchant shall be held to the terms of is/are hereinafter, referred to as a “Product” below.
2. Merchant agrees to establish and maintain a discount program for School/Organization in the form and manner as described below, such Product to remain in effect through the printed expiration date on the elected Product.
3. Fundraising Rep agrees to use its best efforts to ensure that all discounts, trademarks, logos, names, and addresses of Merchant, to the extent feasible are displayed on Product in a clear and attractive fashion, and Merchant hereby grants Fundraising Rep a limited license to reprint said trademarks, logos, and trade names on the Product contemplated herein and on other promotional literature of Fundraising Rep, including otheronline internet site(s) (“Online Publishers”), through the expiration of this agreemen
4. Merchant expects School/Organization to use its best efforts to sell the Product selected herein, and Fundraising Rep agrees to establish incentive prize packages to encourage greater efforts by School/Organization.
5. Merchant agrees to use its best efforts to provide desired logo(s) and/or artwork to be used in the layout and production of the Product(s) indicated. If Merchant is unable to provide logo(s) and/or artwork, Fundraising Rep agrees to design a logo in order to produce the Product(s) indicated. High-resolution logos (at least 300 dpi or 1 MB in size) and images files in JPG, GIF, EPS, PNG, and PDF are preferred.
6. Fundraising Rep agrees to pay all expenses associated with the design, printing, and production of the product selected herein, as well as costs of incentive programs and administration of the discount program.
Additional Terms: Merchant hereby acknowledges that it has carefully read this Agreement and understands all the terms and conditions set forth herein and agrees to be bound by them. Merchant agrees that this Agreement shall remain in full force and effect notwithstanding a change in Merchant’s business form or any other transfer of ownership or management in Merchant’s business. Merchant also understands that the discount provided herein may be used by Fundraising Rep and in other programs or other schools. Fundraising Rep reserves the right to edit Merchant’s stated discount for purposes of aesthetics and space on Product. Merchant further hereby agrees to any general liability insurance and to hold harmless and indemnify School/Organization, Online Publishers and Fundraising Rep from any liability associated with a patron on Merchant’s premises as a result of the use of Fundraising Rep Product. All parties further agree that, in the event that attorneys’ fees are incurred in a dispute hereunder, the prevailing party in such dispute shall be entitled to the recovery of attorneys’ fees. If any provision of this Agreement is deemed unenforceable, all other provisions herein shall remain in full force and effect to the extent practicable.