discover contract for gosodeals.com

8/12/2019 Discover Contract For GosoDeals.com

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GROW YOUR BUSINESS MAY 2014

Grow Your Business[enter merchant name here]

4A, Gaston StreetChaguanas, Trinidad

p.1868- 221-0901 [email protected]


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Welcome to GosoDeals.com

Gosodeals is an online marketplace which innovates and promotes various deals &discountsfrom the most trusted retailers in Trinidad & Tobago.

Businesses with Gosodeals means you are associating with a team determine to help you toenhance your business.

We have fabulous market strategy for merchant to meet his businesss different requirementslike:

We help him to generate business during lean time or slow months throughout the year. Weoffer coupons to customers to enhance merchants service offerings and promote brandawareness among customers. Ensure maximum sale and more customer reach.

Hit each mode of promotion to build brands visibility and awareness

Build customer loyalty to increase or repeat sales

Maintain customer base throughout the year

Gosodeals has a solution to fulfill or meet your businesss entireunique requirement and youmake a business like never before!

Reach toMore than

Half MillionPopulation

Straight

Only platformwhere

agreementincludesbusinessgrowth

commitment

AssuredIncreased

footfalls andcustomer base*

No UpfrontFees

Promote YourBrand onmultiple

Platforms all inone package

ReducedMarketing

Expenditure

Utilization oflean time

IncreaBrand Pr


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Membership Plans

Discover

Duration of Promotions 30 Days 30 Days + 15 Days

Free

90 Days +1 Month

FreeFree Email id

[email protected]

Free Website

(www.yourbusiness.com)

For 1 Year

Priority Visibility

Unlimited offers 2 Deals 2 Deals Unlimited

Volume Commitment

Maximum Limit

Platinum Logo

Premium Access panel

Customer Analytics

FREE 1StMonth 15 Days Free 1 Month free

Joining Fees FREE, Noquestions

asked!

$1250 $2500
http://www.yourbusiness.com/http://www.yourbusiness.com/


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Lets Get You Started

Gosodeals.com Terms and Conditions

I. Voucher Information

Gosodeals shall promote the Voucher per Section 1.2 of the Merchant Agreement. Merchant is the seller of the goods and service

described in Voucher. The Voucher itself will be sent to the purchaser electronically or courier as per the discretion of

gosodeals.com. The purchaser will then redeem the Voucher from the Merchant

The Merchant offer is as Per Annexure 1 of This Contract

The offer by Merchant is contingent upon a minimum number of units sold (the Volume Threshold), which is agreed

to be ______________

Expiration date: Merchant agrees that the offer will be available per the terms above for a period of at least ______________

from feature date and subject to no further restrictions by the Merchant. To the extent required by applicable law, after the

Opportunity Expiration Date, Merchant shall permit the purchaser to redeem the Voucher for the goods and services of the

Merchant in the amount of the cash paid by purchaser, until that cash amount is redeemed in full. The merchant also reservesthe right to NOT accept the voucher after the voucher has expired and thereby reducing the liability of the merchant to

null in such a scenario.

Partial redemptions: If a customer redeems a Voucher for less than its face value, the Merchant will not be responsible for

issuing a credit or cash equal to the difference between the face value and the amount redeemed, unless otherwise required by l


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Merchant Agreement

Date of Agreement: ___/____/2-14

Merchant NAME (herein referred to as Merchant):

[merchant info redacted]

This Merchant Agreement, effective as of the above date (Effective Date), is entered into byand between Sie Services Limited, a corporation with principal 747, Bocus Avenue, Lange ParkChaguanas, Trinidad & Tobago and Merchant, a retailer doing business in the state of(Merchant). The parties shall be referred to collectively as the Parties.

Merchant wishes to offer its products or services for sale through vouchers (the Voucher(s))which can be redeemed for Merchants goods and/or services at a discount, which are offered tthe public for purchase atwww.gosodeals.com(the Website) and are activated (Activated)only upon reaching an agreed upon volume of purchasers (Volume Threshold) and an agreedupon discount; and Gosodeals wishes to sell Merchants Voucher to the purchasers at theWebsite, the Merchant being the seller of the goods and the services, and Gosodeals being theseller of the intangible rights contained in the Merchants Voucher. Therefore, in considerationof the mutual covenants of the Parties and other valuable consideration, the sufficiency andreceipt of which is hereby acknowledged, the Parties agree as follows.

1. Voucher Program.

1.1 Voucher Sale. Merchant authorizes Gosodeals to offer, sell and distribute the Voucher, inaccordance with this Agreement and subject to the restrictions set forth in the Gosodeals Termand Conditions. Merchant acknowledges that Gosodeals may terminate the publication orpromotion of the Voucher at any time. All terms contained in the attached Gosodeals Terms anConditions, including Sections I and II (Voucher Information and Payment) (collectively, theTerms) are incorporated hereto and made a material part hereof. Gosodeals reserves the righto increase the Volume Threshold at its sole discretion.

1.2 Voucher Publication and Delivery. Vouchers shall be published on the Website inaccordance with the Terms. The last date on which Gosodeals publishes the Voucher and offersit to its users shall be considered the Run Date. The Voucher shall be activated, which means

capable of being used for purchases with the Merchant in accordance with the terms of theVoucher as set forth in the Terms, only when the certain Volume Threshold of purchasers hasbeen met. At the time that the Volume Threshold has been met; Gosodeals will electronically ophysically deliver the Voucher to the purchaser as per the discretion of gosodeals.com. Once aVoucher is Activated and delivered to the purchaser, Merchant shall be solely responsible for alcustomer service in connection with the Voucher and for supplying all goods and servicesspecified in the Voucher. Gosodeals further reserves the continuing right, but shall not beobligated, to reject, revise, or discontinue publishing any Voucher and to require Merchant to
http://www.groupon.com/http://www.groupon.com/http://www.groupon.com/http://www.groupon.com/


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but not limited to any claims for penalties and interest (Abandoned Property Claims); or (d)any claim arising out of or relating to the products and services provided by Merchant, includinbut not limited to, any claims for false advertising, product defects, personal injury, death, orproperty damages. Without limiting the foregoing, Merchant shall pay any monies owed to anyparty, as well as all attorneys fees, related to action against, or determinations against,Gosodeals related to any such action to pursue Gosodeals for Taxes or Abandoned PropertyClaims.

4. Compliance with Gift Card, Gift Certificate and Abandoned Property Laws .Merchant further agrees to comply with the Voucher terms and conditions as set forth on theWebsite, and to ensure that the Vouchers comply with any and all Laws that govern vouchers,gift cards, coupons, and/or gift certificates, including but not limited to, the Credit Card Actof 2009 and any state or local Laws governing the imposition of expiration dates, servicecharges, dormacy fees or other terms and conditions of the Voucher. Merchant shall allow thepurchaser to redeem the Gosodeals with Merchant for the amount paid by purchaser for theVoucher (i.e. the cash or redemption value of the Voucher) for the applicable term specifiedunder applicable state or federal Laws and shall allow the cash redemption of the Vouchers as

required by applicable state or federal Laws. To the extent required by applicable escheat orabandoned or unclaimed property Laws, Merchant shall be solely responsible for and agrees toreport and pay over to the applicable local, state or federal governmental agency anyunredeemed cash value of any Voucher issued under this Agreement. Merchant is responsiblefor keeping track of the cash amount paid by the purchaser for the Voucher and anyunredeemed balance of that cash amount to ensure compliance with this section 4.

5. Confidentiality and Intellectual Property Rights.

5.1The terms of this Agreement are confidential, and Merchant agrees to not disclose the termsdescribed herein to any party (other than their employees, parent companies, and shareholders

on a need-to-know basis only after each has taken the necessary precautions of the kindgenerally taken with confidential information to preserve the confidentiality of the informationmade available to such individuals). The terms contained herein are confidential betweenGosodeals and Merchant and not known to the general public outside of this Agreement, thusany breach of this confidentiality provision by Merchant shall be considered a material breach othis Agreement and will result in irreparable and continuing damage to Gosodeals for whichthere will be no adequate remedy at law; and in the event of such breach, Gosodeals will beentitled to injunctive relief and/or a decree for specific performance, and such other and furtherelief as may be proper (including monetary damages if appropriate).


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5.2Merchant agrees and acknowledges that Gosodeals owns all right, title, and interest in theGosodeals Website, Gosodeals trademarks, and any software, technology or tools used byGosodeals to promote, market, sell, generate, or distribute the Vouchers (collectively theGosodeals IP). Merchant shall not rent, lease, sublicense, distribute, transfer, copy, reproducedownload, display, modify or timeshare the Gosodeals IP or any portion thereof, or use suchGosodeals IP as a component of or a base for products or services prepared for commercial salesublicense, lease, access or distribution. Merchant shall not prepare any derivative work based

on the Gosodeals IP. Merchant shall not translate, reverse engineer, decompile or disassemblethe Gosodeals IP.

6. Other. The Parties are independent contractors. Nothing in this Agreement shall beconstrued to create a joint venture, partnership, franchise, or an agency relationship betweenthe Parties. Neither Party has the authority, without the other Partys prior written approval, tobind or commit the other Party in any way.

This agreement constitutes the entire agreement between the parties relating to its subjectmatter and supersedes all prior or contemporaneous oral or written agreements concerningsuch subject matter. This agreement may be amended or modified only by mutual agreement of

authorized representatives of the Parties in writing.

Merchant may not assign or transfer its rights or obligations under this Agreement, whether byoperation of law or otherwise, without Gosodealss prior written consent.

EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER PARTY MAKES ANREPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUTLIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR APARTICULAR PURPOSE OR NON-INFRINGEMENT. GOSODEALS DOES NOT WARRANTOR GUARANTEE THAT THE SERVICES OFFERED ON OR THROUGH THE WEBSITESHALL BE UNINTERRUPTED OR ERROR-FREE, THAT THE VOUCHERS WILL BE ERROR

FREE OR THAT ANY ERRORS, OMISSIONS OR MISPLACEMENTS IN THE VOUCHER WILBE CORRECTED, OR THAT VOUCHERS WILL RESULT IN ANY REVENUE OR PROFIT FORMERCHANT.

EXCEPT FOR INDEMNIFICATION OBLIGATIONS HEREUNDER, IN NO EVENT SHALLEITHER PARTY BE LIABLE OR OBLIGATED TO THE OTHER PARTY OR ANY THIRDPARTY IN ANY MANNER FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY,CONSEQUENTIAL, PUNITIVE, OR INDIRECT DAMAGES OF ANY KIND REGARDLESS OFTHE FORM OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICTPRODUCT LIABILITY, OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OFANY SUCH DAMAGES IN ADVANCE, GOSODEALSS SOLE AND COMPLETE LIABILITY TO

MERCHANT FOR ANY CLAIMS ARISING OUT OF RELATING TO THIS AGREEMENT ORANY ERRORS, OMISSIONS OR MISPLACEMENTS OF THE VOUCHERS SHALL BE LIMITETO THE AMOUNT OF OPPORTUNITY FEES PAID HEREUNDER. THIS LIMITATION OFLIABILITY SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWAND NOTWITHSTANDING THE FAILURE OF ANY LIMITED REMEDY.

Any claim arising out of or relating to any error or omission in a Voucher must be made within120 days of first publication of the Voucher. Otherwise, the claim shall be deemed waived byMerchant.


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This Agreement shall be governed by and construed in accordance with the laws of Trinidad anTobago, without giving effect to the conflict of law principles thereof. The parties irrevocablyconsent to the exclusive personal jurisdiction (except as to actions for the enforcement of ajudgement, in which case the jurisdiction will be non-exclusive) of the federal and state courtslocated in the Trinidad and Tobago This Agreement may be executed in one or morecounterparts and each party consents to electronic message (e-mail or otherwise) as acceptablemeans to constitute a written acceptance of an authorized person for such party. Each party

represents and warrants that the person executing on behalf of such party has been dulyauthorized to execute this Agreement.

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