This agreement shall continue for twelve (12) months beginning the date of Merchant Signature and shall automatically renew for additional twelve (12) month periods, unless either party, with or without cause, gives the other party thirty (30) days written notice of cancellation. Offers shall continue to be honored during the thirty (30) day notice period and until the Offer expires. This agreement does not constitute a partnership or joint venture. The individual signing this agreement on behalf of Merchant represents to BaZing that he/she is duly authorized to enter into this agreement on behalf of the Merchant and that he/she has carefully read this agreement. If Merchant does not agree to these Terms and Conditions, contact MerchantNetwork@BaZing.com.
The Merchant participating in the BaZing Merchant Network (ìBaZingî) agrees to the following terms and conditions: There must be at least one (1) Ongoing Offer- defined by its ability to be used year round. ï Discount must have a minimum savings of $1. ï In addition, it is strongly recommended that at least one (1) complementary Premium Offer be provided along with the Ongoing Offer. A Premium Offer is one with a larger discount than the Ongoing Offer, usually 50%, but is limited in terms of time or use. ï Merchants may post up to five (5) Offers at one time (Ongoing and Premium combined). ï Offers will typically be posted to the BaZing website within one week after approval by BaZing. ï Merchants and their offers must be family-friendly. Discounts on the following items will not be accepted: alcohol, tobacco products, adult products and adult entertainment. 1) Offer Management ñ All Merchant Offer(s) will be submitted and approved by BaZing prior to publication on the BaZing website for customer access and use. BaZing may elect, for any reason, not to publish an Offer. Merchant may change or add to its marketing Offer(s) as needed, subject to the approval by BaZing. Merchant will not use any BaZing logos or likenesses in any advertising or promotion without prior approval from BaZing. 2) Promotion to BaZing Members ñ BaZing will promote Merchantís business, including logo and approved Offer(s) through the BaZing related websites, mobile advertising, e-mail, printed materials, etc., where applicable, to the participating financial institutions and their selected customers, who are provided the BaZing Merchant Discount Network. BaZing may advertise the business location indicated, and any other business locations indicated herein. 3) Communication and Employee Education ñ Merchant will continuously make aware, educate and train its employees to honor the Offer(s) indicated herein to customers presenting a valid coupon, either a paper version, an electronic version or via a mobile device, where applicable. Merchant will utilize employee education and communications material provided by BaZing. BaZing may also communicate with Merchant by phone, e-mail, and fax at the numbers indicated herein. 4) Compliance and Remedy - Merchant will honor fully the Offer described herein to BaZing members. Merchant understands that failure to honor an approved Offer properly presented for redemption would cause harm to BaZing and the other merchant participants in the BaZing Network. If Merchant fails to honor an approved Offer properly presented for redemption, BaZing will contact Merchant as soon as reasonably possible of being made aware of Merchant non-compliance. Merchant agrees to immediately become compliant and honor fully the Offer described herein. Should BaZing determine that Merchant continues to be non-compliant after BaZing has brought such non-compliance to the attention of Merchant, Merchant agrees that BaZing shall have the right to seek injunctive relief, including specific performance of this agreement, and BaZing shall be entitled compensation equal to an amount of the redeemed Offer plus direct expenses connected to the remedy of the non-compliance in the event of non-compliance or breach of this agreement. In addition, should BaZing determine that non-compliance be or remain a concern, in its sole discretion, BaZing has the right to immediately terminate this agreement at any time. 5) Amendment - Upon acceptance by BaZing, this agreement may only be amended in writing and such amendment signed by the parties. The amended agreement may be signed in counterpart and facsimile or an electronically signed agreement will be considered an original.