Please enroll COMPANY (“Company”) in the Merchant Access Program enabling Company to advertise and promote their business to Access members from associations, employers and other organizations (“Organization”). We agree to the following.
Custom Promotional Offers: Company has established the loyalty offers below to attract new customers and reward repeat customers from Organizations. Company will participate in Merchant Access for a period of at least 12 months.
Promotional Control: Company may change their promotional offers as needed to build their profit.
Free Advertising to Organization Members: Access is authorized to advertise Company's business, including using its logo and the Promotional Offer(s) Company establishes through private websites, personalized email, mobile device, and printed materials, where applicable, to the members of participating Organizations. All content (if modified for mobile display purposes) will be approved by Company. All use of Company’s copyrights, trade names, and trademarks shall inure to Company's benefit or to its licensors as the case may be. Access will not in any way modify the logo or other trademarked or copyrighted images or text Company provides, nor the terms of any Promotional Offer(s). Access is responsible for correct and final printing of any of Company’s Promotional Offers, and Company’s written approval will be given before printing. Company will not use any Access logos or trademarks in any advertising or promotion without prior written approval. Company will not post or advertise its Promotional Offer provided to Access on Company’s public website during the duration of the Promotional Offer.
Email and Other Compliance. Access represents and warrants that: (i) any email addresses or other personal information used to transmit or in connection with Company’s Promotional Offer(s) have been lawfully collected and compiled, (ii) Access will comply with all applicable state and/or federal laws, rules or regulations, and all applicable Federal Trade Commission regulations and/or opinions, including without limitation privacy and anti-spam laws or other applicable unsolicited commercial email laws, (iii) Access has the full right and authority to provide the services hereunder, and (iv) Access is not bound by any contract or arrangement of any kind that conflicts with the terms of this Agreement.
Indemnification: Company agrees to indemnify, defend and hold harmless Access and Access’ members from any damages, claims, costs and expenses, including reasonable attorneys’ fees, in connection with any claims or actions arising in any way out of Company’s duties or obligations set forth in this Agreement or with respect to any of Company products or services, whether or not included in the Promotional Offers, including, but not limited to, consumer complaints or product liability claims. Access agrees to indemnify, defend and hold Company and its affiliates, subsidiaries, shareholders, directors, employees and agents harmless from and against any damages, claims, costs and expenses, including reasonable attorneys’ fees, in connection with any claims or actions arising in any way out of Access’ duties or obligations set forth in this Agreement including or arising from or in connection with Access’ breach of warranties made in this Agreement, and shall inform Company of such as soon as known, and correct such as soon as possible (e.g., immediate changes to online offers or Internet Websites under Access’ control, corrective notices for printing errors).
Please advertise Company’s location(s) to Access members until either party terminates the agreement with 60 days written notice. Access may advertise the business locations uploaded to the form. Access may also communicate with Company’s locations by telephone, email or facsimile at the numbers/addresses listed in this participation form. This Agreement does not constitute a partnership or joint venture. The individual signing this Agreement on behalf of Company represents to ACCESS that he/she is duly authorized to enter into this Agreement on behalf of Company and that he/she has carefully read this agreement.
Mobile SMS Terms & Conditions Agreement: Access Development may communicate with its merchant partners on occasion via text message. By agreeing to the terms and conditions, filling in your mobile number, and signing this form you are agreeing to allow Access to communicate with you in regards to the promotional offer you submitted along with future promotional placement opportunities, new products/services, or member issues regarding your participation.
Stop Instructions: Users can opt-out at any time by responding to our text message "STOP". Or you can request to be removed via email by sending your mobile number to merchant.relations@accessdevelopment.com and requesting to be removed. After this you will no longer receive Access Development text messages to your mobile number.
Associated Costs: Message and data rates may apply based on your current wireless plan for both sending and receiving text messages. By utilizing SMS Texting through Access Development you certify that you are 18 years of age or older and (a) are the wireless account holder or (b) you have the account holder's permission to do so.
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