Vendor Terms & Conditions
The program
Kmoon network membership program (“the program”). The program connects retailers, service providers, distributors and other eligible enterprises (“ the vendors “) with individuals who hold valid kmoon membership ( the “Members”). Members receive approved exclusive promotions, special offers and/or direct discount when they shop at an approved vendor business.
Term & Termination
This agreement shall continue in effect for the longer of (1) year following the effective date. Renewal on an annual basis will be automatic unless either party notifies the other, in writing, that the participation will end on a specified date. With minimum of 90 days notice. Expiration date: Vendor agrees that the Offer is subject to no other restrictions by the Vendor unless in accordance with the the below terms and conditions
Vendor representation and warranties, & indemnification
Represents and warrants throughout the term that vendor has the power and authority to enter into the agreement; that vendor is registered for sales and use tax collection purposes in all provinces in which vendor’s discounts/deal are offered. Vendor furthermore agrees to comply with all provincial and federal laws that govern discounts, deal(s), coupon(s), gift certificate(s) and other similar element(s) or value added service(s). The vendor agree to indemnify and hold kmoon. harmless against any damages, complaints, action or other liabilities arising from Kmoon use of Vendor provided information in offering discount /deal. Vendor represents and warrants and guarantees that element of text, graphics, photos, designs trademarks, source code or artwork furnished to kmoon for used by Kmoon discount network. In producing discount offers or advertisements are owned or property licensed by vendor or, or the Vendor has permission from the lawful owner to use each of these elements and will hold harmless, indemnify and defend Kmoon. from any claim or suit arising from the use of such elements.
Vendor approval process
To be approved, the business is required to
- Complete the program vendor application form;
- Offer an approved promotion, special offer and/or direct discount on a products(s), and/or service(s) to users; and
- Accept the terms and conditions contained in this agreement
The business is not deemed part of the program until:
- The vendor delivers a signed application to Kmoon
- Kmoon agrees to accept the vendor and notifies the business in writing. Kmoon reserves the right to refuse any applicant that does not meet the program terms and conditions to it
Vendor Participation:
In addition to the requirements noted in each approved vendor must assume all financial and other responsibility to
- provide an approved exclusive promotion, special offer and/or direct discount on an environmentally friendly product(s) an/or service(s) to users:
- assist with promotion of the program provided by Kmoon at its entrance(s) and points of sale;
- notify Kmoon in writing of any changes to the exclusive promotion, special offer and/or direct discount on an environmentally friendly product(s) an/or service(s) that were the basis for the approval of the vendor’s participation in the program;
Vendor Participation:
Vendor grants kmoon. The Limited, full paid, royalty free, right, and license to use vendor owned licensed graphic images ,Text and other content provided to Kmoon by Vendor for the purpose of promoting the discount/deal. The parties are independent contractors. Nothing in this agreement shall be construed to create joint venture, partnership, or agency relationship between the parties.
This agreement shall be governed by and construed in accordance with the law of Canada, without giving effect to conflict of law principles thereof. This agreement may be excluded in one or more counterparts and each party consents to electronic transmission (email, mail, fax, otherwise) bas acceptable means to constitute a written acceptance of authorized person for each party. Each party represents and warrants that the person executing on behalf of such party has been duly authorized to execute this agreement. In the event of change of corporate ownership or control, either party may assign this agreement and its rights hereunder to the successor company without the other party’s written consent.
This vendor agreement, effective as of the submission date (“Effective Date”), is entered into by Kmoon Inc. (dba “kmoon”) and (the “vendor”)