Co-Branded ClubBucks Rewards Cards Terms of Agreement

Co-Branded ClubBucks Rewards Cards
TERMS OF AGREEMENT

1. ACCEPTANCE OF APPLICATION - The application for the co-branding of the ClubBucks Rewards Card is effective, if properly completed and submitted by the applicant(s), on the date approved by The Discount Home Shoppers' Club, Inc. (hereafter listed in these terms of agreement as "The DHS Club") in their home office.

2. RANGE OF CARD NUMBERS - The DHS Club will provide a range of numbers to be assigned to the printed cards and all bar codes must be printed in Code 39 or 3 of 9 format.

3. CLUBBUCKS LOGO - A business or organization requesting the co-branding agrees that their co-branded card will also contain a small ClubBucks logo. A graphic of the logo will be supplied to them by the DHS Club.

Example:

4. CARD VENDOR - The name and address of the company that will be doing the printing of the co-branded card, along with a copy of the contract with them, must be submitted with the co-brander's application.

5. FINAL PROOF - A sample of the final proof of the co-branded card must be submitted for review by the DHS Club prior to the final approval being granted.

6. DISTRIBUTION & ASSIGNMENT - To ensure compatibility with the existing card management system at the DHSC Headquarters, The DHS Club must approve the methods used for distribution and assignment of the cards. This will include the lot size or number of cards physically transferred per transaction.

7. ACTIVATION OF CARDS - The business or organization applying for the co-branding of cards will be required to provide the DHS Club with the name, address, and email address (if any) of the persons to whom the cards are distributed through the card activation process. The card activation process will be provided to the business or organization prior to their distribution of the cards. The business or organization is required to keep all activation (permission) slip forms signed by the card recipients. Should the DHS Club receive a complaint of unauthorized sign up, the business or organization must agree to supply the DHS Club with a copy of the signed activation form.

8. CO-BRANDING COSTS - Businesses or organizations who are granted permission to commercially print the co-branded cards do so at their own risk and expense. There is no guarantee regarding any results from the sales, purchase, and distribution of these cards or for the ability of any member, business or organization to recoup their costs.

9. PERMISSION TO CO-BRAND - Permission for the co-branding of ClubBucks cards must be secured prior to the order being placed with the local vendor. If the DHS Club does not grant permission, the project may not go forward.

10. INDEMNITY - Each company or organization agrees to indemnify and hold harmless The DHS Club, its officers, affiliates or representatives from any claim, demand, liability or expense, including reasonable attorney's fees incurred as a result of being granted permission to co-brand the ClubBucks Reward Card.

11. SEVERALIBILTY - Should any part of this Agreement for any reason be declared invalid, such decision shall not affect the validity of any remaining portion, which shall remain in full force and effect. Furthermore, in lieu of such invalid or unenforceable provision there shall be added in its place a provision as similar in its terms to the invalid or unenforceable provision as may be possible and be legal, valid and enforceable.

12. CLAIMS AND DISPUTES - This agreement is governed by the laws of the State of Florida and all claims and disputes relating to this Agreement, the right and obligation of the parties or any other claims or causes of actions relating to the performance of either party under this Agreement and/or purchases of products and services shall be settled totally and finally by arbitration in Charlotte County, Florida in accordance with the U.S. Federal Arbitration Act and the Commercial Rules of the American Arbitration Association. This agreement shall be binding upon the successors and assigns of both parties.

13. TERMINATION - The DHS Club may suspend or terminate the permission to co-brand the ClubBucks Reward Card immediately in the event any term of this agreement is breached.

14. AGREEMENT - It is expressly agreed by the parties that there are no verbal or written representations or agreements relating to the co-branding of ClubBucks Rewards Cards other than those contained in this agreement and that the Co-brander Application and Co-brander Terms of Agreement, constitute the entire agreement between the parties hereto. I have read this agreement and I acknowledge keeping a copy of all documents referred to, and agree to abide by and be bound by the terms contained therein.

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