Agreement

Student Discount Program

JENKINS INTERACTIVE ADVERTISING – AGREEMENT FOR SERVICE

 

(THIS AGREEMENT) FOR SERVICE, dated this day:       /       / 201  .

 

BETWEEN: Business Name ____________________________ Management __________________

Business Address(es) ________________________________________________________________

City_____________________________________________________State ______   Zip _________

Type of Business _______________________________________ (the “Client”) and Jenkins Interactive Advertising (the Service Provider”) 303 Randall Dr., Folsom, CA. 95630 (916) 370-5583, City of Folsom – Business License # 12-00013919, including websites and all advertising and marketing programs owned by (Service Provider) and may be utilized in agreed upon advertising and marketing programs.

 

BACKGROUND: The Service Provider is agreeable to providing such services to the Client

On the terms and conditions set out in this Agreement.

 

IN CONSIDERATION OF: The matters described on the terms and conditions and of the mutual benefits and obligations set forth in the Agreement, the receipt and sufficiency of which considerations herby acknowledged, the parties to this Agreement agree as follows:

 

Services Provided: The Client hereby agrees to engage the (Service Provider) to provide the Client with services (the “Services”) consisting of (1) Market Clients business using several agreed upon, marketing campaigns 2) Target Clients local area consumer using agreed upon marketing campaigns 3) Send Clients offers out to the Clients customers using; Service Providers (Any or All): Android App, Email, Text Messaging, QR Codes, Newsletters, Websites, Mobile Push Programs, Discount Cards or Social Media.

 

Service Provider will encourage the Clients “New and Repeat Customers” to subscribe to Service Providers email list by offering an agreed upon special offer when signing up.  The Special Offer will be agreed upon between Service Provider and Client.  Service Provider will also tie in Clients mobile advertising and marketing program with current advertising and marketing programs already in place.

The Services will also include any other task which the parties may agree on and attached in writing as a supplement to this Agreement.

 

Additional Services Provided: __________________________________________________________________________________­­­

__________________________________________________________________________________

__________________________________________________________________________________

__________________________________________________________________________________

__________________________________________________________________________________

__________________________________________________________________________________

__________________________________________________________________________________

__________________________________________________________________________________

__________________________________________________________________________________

__________________________________________________________________________________

 

Terms of Agreement:

The term of this Agreement will begin on the date of this Agreement and will remain in full force and effect until _________, with the said term being capable of extension by mutual written agreement of the parties.  Agreement is for a __________ period of advertising and marketing campaign(s).

 

Performance: The parties agree to do everything necessary to ensure that the terms of this Agreement takes effect.

 

Compensation 1 – Email Marketing Program): For the services rendered under the above “Terms of Agreement”, by the Service Provider as required by this Agreement.  The Client will pay to the Service Provider compensation amounting to $_____________________.  This compensation will be payable by Business Check or by using the Service Providers “PayPal” payment program.

 

The Client understands that the Service Provider’s compensation as provided in this Agreement will constitute the full and exclusive monetary consideration and compensation for all services performed by the Service Provider and for the performance of all the Servicer’s promises and obligations under this Agreement.

 

Reimbursement of Expenses: The Service Provider will not be reimbursed for expenses incurred by the Service Provider in providing the Services.

 

Assignment: The Service Provider will not voluntarily or by operation of law assign or otherwise transfer its obligations under this Agreement.

 

Modification of Agreement: Any amendment or modification of this Agreement or additional obligation assumed by either party in connection with this Agreement will only be binding if evidenced in writing signed by each party.

 

Time of the Essence: Time is of this essence in this Agreement. No extension or variation of this agreement will operate as a waiver of this provision.

 

Entire Agreement: It is agreed that there is no representation, warranty, collateral agreement or

Condition affecting this Agreement except as expressly provided in this Agreement.

 

Your Grant: By entering into this Participation Agreement and listing an item on our website or on any discount card, you grant us a royalty-free, non-exclusive, worldwide, perpetual, irrevocable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all of the content you submit to Jenkins Interactive Advertising and its affiliates, and to sublicense the foregoing rights to our affiliates and operators of any website or other online point of presence (other than the Site) through which the Site and/or products or services available thereon are syndicated, offered, merchandised, advertised or described; provided, however, that we will not alter any of your trademarks (i.e., trademarks of yours that you provide to us in non-text form for branding purposes that are separate from and not embedded or otherwise incorporated in any product specific information or materials) from the form provided by you (except to re-size trademarks to the extent necessary for presentation, so long as the relative proportions of such trademarks remain the same) and will comply with your removal requests as to specific uses of your trademarks (provided you are unable to do so using standard functionality made available to you via the Site or Services); provided further, however, that nothing in this Participation Agreement will prevent or impair our right to use without your consent the content and any other materials provided by you, to the extent that such use is allowable without a license from you or your affiliates under applicable law (e.g., fair use under copyright law, referential use under trademark law, or valid license from a third party). You represent and warrant that you own or otherwise control all of the rights to the content you submit to Jenkins Interactive Advertising and its affiliates, and that the use of such materials by Jenkins Interactive Advertising and its affiliates will not infringe upon or violate the rights of any third party.

 

Governing Law: It is the intention of the parties to this Agreement that this Agreement and the

Performance under this Agreement, and all suits and special proceedings under this Agreement, be construed in accordance with and governed, to the exclusion of the l aw of any other forum, by the laws of the State of California, without regard to the jurisdiction in which any action or special proceeding may be instituted.

 

Dispute Resolution: In the event a dispute arises out of or in connection with this Agreement, the parties will attempt to resolve the dispute through friendly consultation. If the dispute is not resolved within a reasonable period then any or all outstanding issues may e submitted to mediation in accordance with any statutory rules of mediation. If modification is not successful in resolving the entire dispute or is unavailable, any outstanding issues will be submitted to final and binding arbitration in accordance with the laws of the State of California. The arbitrator’s award will be final, and judgment may be entered upon it by any court having jurisdiction within the State of California.

 

Severability: In the event that any provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.

 

IN WITNESS WHEREOF, the parties have duly executed into this (3) page Service Agreement:

___________, ___________, ________, 201   .

Month             Day           Year

 

_____ ____  SIGNED AND DELIVERED: “Pages 3 of 3”

 

 

Business Owner or Representative                             Jenkins Interactive Advertising Representative

 

____________________________________            ___________________________________

Signature                                                                     Signature

 

____________________________________            Terry Jenkins

Printed Name                                                              Printed Name

 

____________________________________            jenkinsinteractiveadvertising@gmail.com

e-mail Account                                                            e-mail Account

 

 

____________________________________            ___________________________________

Agreement Start Date                                                 Agreement Start Date

 

Revised 07.3.2014