Company:
Promotional Code:	(optional)
Address Line 1:
Address Line 2:
City:
State:	ALABAMA ALASKA AMERICAN SAMOA ARIZONA ARKANSAS CALIFORNIA COLORADO CONNECTICUT DELAWARE DISTRICT OF COLUMBIA FLORIDA GEORGIA GUAM HAWAII IDAHO ILLINOIS INDIANA IOWA KANSAS KENTUCKY LOUISIANA MAINE MARSHALL ISLANDS MARYLAND MASSACHUSETTS MICHIGAN MINNESOTA MISSISSIPPI MISSOURI MONTANA NEBRASKA NEVADA NEW HAMPSHIRE NEW JERSEY NEW MEXICO NEW YORK NORTH CAROLINA NORTH DAKOTA OHIO OKLAHOMA OREGON PALAU PENNSYLVANIA PUERTO RICO RHODE ISLAND SOUTH CAROLINA SOUTH DAKOTA TENNESSEE TEXAS UTAH VERMONT VIRGIN ISLANDS VIRGINIA WASHINGTON WEST VIRGINIA WISCONSIN WYOMING
Zip Code:
Phone: (xxx) xxx-xxxx
Email:
URL:
Fax: (xxx) xxx-xxxx
Username:
Password:
Confirm Password:
1. Access: Upon full execution of this Agreement, Merchant will be provided with access to the Advantage On-Line Coupon Book (the “On-Line Coupon Book”) whereby Merchant will be provided with the ability to place coupons for the Business on the On-Line Coupon Book Web Site (the “Web Site”). 2. Modification of the Web Site Interface. Advantage reserves the right to modify and change the interface as it determines in its sole discretion. Advantage shall have the right, as it determines, to use web links and banners within the On-Line Coupon Book Web Site. To the extent that the On-Line Coupon Book exhibits the trademarks of businesses other than Advantage or its affiliates such trademarks are the exclusive property of their respective owners.  Advantage makes no claims or warranties with respect to the use of such trademarks. 3. Term of this Agreement. The Initial Term of this Agreement shall be for one (1) year from the Commencement Date identified above. This Agreement shall be renewed automatically for successive one (1) year terms unless a party provides written notice to other of an intent not to renew this Agreement, which notice must be given at least ninety (90) days prior the expiration of the then existing term. 4. Accuracy of Information. Advantage makes an effort to assure that its software programs provide reliable information regarding coupons and offers made by Merchant. However, final verification of information on Merchant’s coupons shall be Merchant’s sole responsibility. In placing coupons on in the On-Line Coupon Book Merchant will have control over the nature and duration of offers Merchant provides to the users of the On-Line Coupon Book. As such Merchant is responsible for the content of any coupons that Merchant places in the On-Line Coupon Book. 5. Non-Exclusive Rights. Merchant understands and agrees that Merchant’s right to post coupons for the Business in the On-Line Coupon Book is non-exclusive and that absent an agreement in writing to the contrary, Advantage shall have the right to permit competitors of Merchant with the right and ability to place their coupons in the On-Line Coupon Book. 6. Content. Many of the organizations participating in the programs offered by affiliates of Advantage are affiliated with youth groups and/or participate in activities directed toward minors. Advantage reserves the right to reject, prohibit or block the usage of any coupons which Advantage determines, in its sole discretion, to contain inappropriate language or content. 7. Links. Merchant shall not place web links in any coupons Merchant places in the On-Line Coupon Book, however Merchant may place Merchant’s web address on any coupons Merchant places in the On-Line Coupon Book. 8. Computer Files. While Advantage seeks to provide a secure environment for Merchant’s files, Advantage does not guarantee that the files or information available for downloading are free of infection from viruses or other harmful components. 9. Copyright, Trademark and Intellectual Property. The On-Line Coupon Book Web Site and its content are owned by Advantage.  The entire contents of this Web site are copyrighted under the United States copyright laws. Merchant may not copy, reproduce, transmit, distribute, republish, upload, post, sell, or make changes to any information or materials on this Web site, without the prior written consent of Advantage, however, Merchant may delete, modify or add coupons (“Modifications”) for the Business to be posted on the Web Site for download by members and users of the Web Site (“Merchant’s Information”) Merchant may make Modifications to Merchant’s Information as frequently or infrequently as Merchant deems appropriate during the Term. Notwithstanding the forgoing, at no time can Merchant modify any materials which are subject to copyright, trademark, other intellectual property and/or other proprietary notices maintained by Advantage or any customer of Advantage other than Merchant. 10. NO WARRANTIES OF FITNESS. ADVANTAGE AND ITS AFFILIATES MAKE NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS (INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR NON- INFRINGEMENT OR THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). 11. Interruptions of Service, Advantage makes no warranties or representation that the On-Line Coupon Book Web Site will be uninterrupted or that it will be error free. By entering into this Agreement Merchant is accepting the On-Line Coupon Book in its AS-IS, WHERE-IS condition. 12. Affiliates and Joint Marketing Programs. Advantage reserves the right to disclose and/or use vendor lists in connection with joint marketing efforts with organizations, vendors and other companies affiliated with Advantage and those with unaffiliated third parties with whom Advantage has formed a strategic relationship or joint marketing program. As used herein the term “affiliate” or “affiliated with” refers to a company that Advantage owns all or a part of or controls or that owns all or a part of Advantage or controls Advantage or a company which shares a commonality of ownership with Advantage, such as a company that a part of Advantage and a part of another company. An unaffiliated third party is a company that is not an affiliate of ours. 13. Merchant’s Representations and Warranties. Merchant represents and warrants to Advantage that all trademarks, service marks and other content which Merchant places on the Web Site belong to or duly licensed for use by Merchant, in the manner in which Merchant is using said materials. Merchant further represents and warrants to Advantage that Merchant will honor all coupons placed upon in the On-Line Coupon Book. 14. Damages. Under no circumstances will Advantage be liable for any damages (including, but not limited to, special, incidental, consequential or indirect damages) arising out of the use of, or the inability to use, this Web site, even if Advantage is aware of or has been advised that damages can or may occur. 15. Indemnity. Merchant is wholly responsible for the content of Merchant’s coupons and offers to the public and users of the On-Line Coupon Book. Merchant agrees to indemnify (including the payment of attorneys’ fees and costs), defend and hold Advantage harmless from any legal actions or proceedings based upon coupons or offers Merchant places in the On-Line Coupon Book or arising from or attributable to Merchant’s use of the On-Line Coupon Book. 16. Venue and Jurisdiction. In the event of any disputes arising under this contract, the sole and exclusive remedy shall be arbitration in the County of Los Angeles, State of California. Such arbitration shall be conducted in accordance with the provisions of California Code of Civil Procedure, section 1280, et seq. This Agreement shall be interpreted according to the laws of the State of California. 17. Modification. This Agreement may not be modified or terminated orally, and no modification, termination, or waiver shall be valid unless in writing and signed by all parties hereto. 18. Attorneys’ Fees. In the event it is necessary for any party to this Agreement to commence any action for the purpose of enforcing any of the provisions hereof, the prevailing party therein shall recover from the other, in addition to any and all sums due hereunder, his or its reasonable costs and attorney's fees incurred in connection with such action. 19. Facilitation. The Parties, and each of them, agree to execute and/or cause to be executed promptly any and all documents now or hereafter necessary to effectuate the purpose and intent of this Agreement. 20. Notice. All notices hereunder must be in writing and shall be deemed validly given if delivered by personal delivery or sent by certified mail, return receipt requested or by commercial courier, provided the courier's regular business is next-day delivery service and provided further that such courier guarantees delivery to the addressee by the end of the next business day following the courier's receipt from the sender, addressed as set forth below. Notice shall be effective upon actual receipt or refusal as shown on the receipt obtained pursuant to the foregoing. Should the date upon which any act required to be performed by this Agreement fall on a Saturday, Sunday or holiday, the time for performance shall be extended to the next business day. 21. Severability. If any provision of this Agreement is held invalid or unenforceable, the other portions of this Agreement shall nevertheless continue in full force and effect, unless such invalidity shall affect the essential purpose of this Agreement. If any provision is held invalid or unenforceable with respect to particular circumstances, it shall nevertheless remain in full force and effect in all other circumstances. 22. Facsimile and Counter-Parts. The Parties agree that this Agreement may be signed in counterparts and that all executed copies taken together shall be fully executed agreement. The Parties further agree that facsimile copies of this Agreement shall be given the same force and effect as original copies of this Agreement.
	I have read and agree to the terms listed above.