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This Agreement is between SMARANA Advertising DBA SMARANA Savers club referred in this agreement as "SA and Merchant, begins on this date and shall continue thereafter until terminated. Either party may terminate this Agreement effective July 1 of the year in which such notice is delivered, provided that written notice shall be given on or before May 1 of that year.
1. "SA" will include Merchants name, address, telephone number, discount/benefit, and restrictions in at least one of SAs Web site and/or other collateral and promotional materials or place advertisement as agreed between "SA" and merchant.
2. Merchant agrees that at all times, during the Term of this Agreement, Merchant will offer at least _______% or any other discount equivalent to or better than the specials or coupons offered by the merchant elsewhere __________________________________to "SA Members presenting a valid "SA" Card. However, Merchant may change the discount during the Term. Further, Merchant agrees to educate all relevant employees on the Merchants participation in the "SA" Program.
3. Merchant agrees that the discount/benefit specified in this Agreement will be: (i) The only ongoing offer Merchant makes available and; (ii) The best offer (i.e. of highest value) made available to any during the Term of this Agreement. (iii) If applied to alcohol, firearms, tobacco or material deemed of an adult nature. Merchant agrees to abide by local laws and will be solely responsible for their enforcement. "SA" will not be responsible.
4. Merchant agrees that "SA may use Merchants name and logo to promote the sale or usage of "SA" Program Memberships.
5. Merchant agrees to display and offer "SA" sticker. products and other collateral provided by "SA" in its window, on its front door, or in another equally visible location as to inform members, of Merchants participation in the "SA Discount Program. Merchant also agrees to purchase at least one membership card for his/her own use.
6. Limitation of Liability: In no event will either party, its officers, directors, affiliates, employees, representatives, agents or shareholders be liable (either in contract, tort, warranty, or otherwise) to the other party or any of its officers, directors, affiliates, employees, representatives or shareholders, for any consequential, incidental or indirect damages, including costs, profits, costs savings or for any exemplary or punitive damages. "SA"s liability to Merchant for any cause whatsoever, whether arising under this Agreement or otherwise, shall be limited to the greater of the amount paid by Merchant to "SA" under this Agreement or $100.
This Agreement is the entire Agreement between the parties. This Agreement does not constitute and shall not be constructed as constituting an agency, partnership or joint venture between "SA"and Merchant. Please Sign and Email or FAX
SMARANA SAVERS CLUB