Kern Value Card Marketing/Advertising Agreement
P.O. Box 1196, Lebec, CA 93243
Phone (661) 619-1750 • Toll Free Fax (888) 821-5670
This Agreement is by and between Kern Value Card, As Known As “K.V.C.”, and Merchant and states as follows:
Kern Value Card is in the business of marketing and promoting community businesses by selling and distributing K.V.C. Memberships. K.V.C. members are entitled to receive discounts, special offers and privileges offered through the K.V.C. website to it’s members.
Merchant agrees to participate in the marketing/advertising program operated by Kern Value Card, in accordance with the terms and conditions to follow.
According to the provisions above and the terms and conditions below, Kern Value Card and Merchant agree as follows:
1.The Kern Value Card Website Directory & Email Newsletter shall be the sole expense of Kern Value Card. Merchant shall supply Kern Value Card with the Business Listing wording. (i.e. – business name, description of products & services, business address, phone number, discounts/privileges/special offers, conditions and restrictions).
2.Kern Value Card is not responsible and shall not be liable for any errors and/or omissions in the merchant listing, display ad, banner ad, coupon ad, email ad; although, K.V.C. will correct the errors/omissions at the next update of the K.V.C. website. Merchant must sign a proof upon completion of display ad/banner ad/coupon ad.
3.Participating Merchant will honor the listed discounts, privileges & specials agreed upon for Kern Value Card members during the term of this Agreement.
4.The discounts offered for products and services, and the necessary conditions and restrictions imposed by Merchant, which must be met by Kern Value Card members in order to qualify for the benefits are fully set forth on this contract.
5.Kern Value Card makes no representations or guarantees that Kern Value Card members will patronize Merchant’s business or that participation in the Kern Value Card program will result in an increase in revenue in Merchant’s business.
6.Merchant agrees that during the duration of this agreement that Merchant will not alter the terms and conditions of it’s discounts, privileges or specials. Discounts, privileges or specials may not be made either more restrictive or less beneficial to Kern Value Card members unless agreed upon in writing with Kern Value Card. Merchant will not change discount or offer without Kern Value Card’s knowledge and approval. Merchant must notify Kern Value Card if changes are needed. In most cases changes will be approved by Kern Value Card at the next Kern Value Card website update. Minimal listing changes will be made at no charge. For display, banner, coupon or advertising changes, modest design fees will apply.
7.Merchant grants Kern Value Card the right, but Kern Value Card shall not be obligated, to include Merchant’s business name, logo, business description, and offered discounts in advertisements, publications, websites, or related material promoting Kern Value Card’s membership club.
8.Kern Value Card reserves the right to reject any Display Ad/Banner Ad/Coupon Ad or Directory Listing considered objectionable as to wording, content or appearance. KVC reserves the right to approve or exclude any merchant from participating in the Kern Value Card at KVC’s sole discretion.
9.Merchant represents that publication of the Display Ad/Banner Ad/Coupon Ad and Directory Listing is properly authorized, and in consideration of the publication. Merchant indemnifies and holds harmless Kern Value Card and its agents, employees or representatives from and against any claims or suits for libel, violation of right of privacy, plagiarism, copyright infringement and any other claims or suits based on the contents or subject matter of such publication.
10.Merchant agrees that if during the term of this agreement, Merchant should sell or transfer said business, as part of such sale or transfer, to disclose the content hereof to the buyer or transferee, and to forthwith cause this agreement to be assigned to such buyer or transferee as if an original party hereto.
11.The person authorizing this Agreement on behalf of Merchant is authorized to sign and no further action is necessary for the validity or the execution of this Agreement.
12.This Agreement shall be binding on, and shall insure to the benefit of, the parties to it and their respective heirs, legal representatives, successors, and assigns.
13.Any dispute under this Agreement, whether between the parties hereto or to interpret or enforce any provision hereof, shall be settled and finally determined by arbitration in accordance with the rules of Commercial Arbitration of the American Arbitration Association, or any successor entity, if applicable, which decision shall be final and binding.
14.If any action or proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, or default in connection with any of the provisions of this Agreement, or to interpret this Agreement or any of the provisions hereof, the successful or prevailing party shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding. This Agreement shall be governed under the laws of the State of California.
15.Kern Value Card may cancel this agreement with Merchant at Kern Value Card’s sole discretion.
16.This Agreement shall continue in full force for (1) one year beginning upon submission and will thereafter automatically be renewed on a month to month basis or until a new agreement has been signed. Merchant must notify Kern Value Card in writing of intended cancellation of agreement at least 30 days prior to termination of agreement. Notice must be given to Kern Value Card by certified mail or email with return receipt.