The United Way 2007-08 Caring Club®Card Program
THIS AGREEMENT is made and entered into as of the ______ day
of ___________, 2007 by and between United Way of Rockland County, a
WHEREAS, UWRC desires to build alliances with partner organizations to connect community resources for the purpose of promoting charitable programs that aid those less fortunate within their community;
WHEREAS, UWRC has developed a Caring Club® Card Program (the “Program”), to aid in the goal of raising funds to support UWRC’s Community Care Fund; and
WHEREAS, Vendor desires to build an alliance with UWRC through participation in the
Caring Club® Card Program as one of the entities that honors the discount card associated with the Program.
NOW, THEREFORE, in consideration of the agreements contained herein , it is hereby mutually agreed and covenanted between the undersigned parties as follows:
1. Percentage Discount. Subject to the terms and conditions of this Agreement, Vendor does hereby agree to the following discount: ____________________________________________________________________________
________________________________________________________________________________________________________________________________________________________________________ for all items, and/or services, purchased by a Program participant (Caring Club® member) at any of Vendor’s retail locations for the term stated in Section 3 of this Agreement. Vendor’s obligation to discount items, and/or services, purchased by a Program participant is contingent upon said participant’s presentation of the UWRC Program discount card at the point of purchase. The Program discount card is the card issued by UWRC to all Program participants who have donated at least $120 a year to UWRC’s Community Care Fund.
2. Advertising of Participation. Subject to the terms and conditions of this agreement, UWRC does hereby agree to include Vendor’s name as a Program participating entity in its advertisements, flyers, bulletins, booklets, and other forms of communications and disseminations promoting the Program when possible, including, but not limited to, the Caring Club® webpage at www.uwrc.org.
Vendor hereby agrees to prominently display window/door signage provided by UWRC.
3. Term. This Agreement shall commence as of the date first set forth above and shall continue through July 1, 2008.
4. Indemnification. Vendor hereby agrees to indemnify, hold harmless and defend UWRC and any director, officer, employee or agent of UWRC from, and against, any and all liabilities, losses, claims, lawsuits, damages, injuries, costs, expenses or detriments, including reasonable attorney’s fees, arising out of, relating to, or incurred in connection with, any acts or omissions by Vendor and/or Vendor’s employees or agents, in connection with participation in the Program on, or after, the date of execution of this Agreement. In particular, Vendor agrees to indemnify UWRC against any costs or expenses (including legal fees) resulting from Vendor’s failure to honor the Program discount card or failure to honor the agreed discount as stated in Section 1 of this Agreement, above. UWRC hereby agrees to indemnify, hold harmless and defend Vendor and any shareholder, director, officer or employee of Vendor from and against any and all liabilities, losses, claims, lawsuits, damages, injuries, costs, expenses or detriments, including reasonable attorney’s fees, arising out of, relating to, or incurred in connection with any acts or omissions by UWRC and/or UWRC’s authorized employees or agents, in connection with its stated obligations for participation in the Program on, or after, the date of execution of this Agreement.
5. Relationship of Parties. Nothing contained herein shall be construed to place the parties in an employment relationship or in the relationship of partners or joint venturers, and neither party shall have any right or power to obligate or bind the other in any manner whatsoever except as authorized in this Agreement or otherwise specifically authorized in writing.
6. Waiver of Breach. The waiver by UWRC of a breach of any provisions of this Agreement by Vendor shall not operate or be construed as a waiver of any subsequent breach by Vendor.
7. Notice. Any notice required or implied by this Agreement shall be sufficient if given by personal delivery or certified mail, return receipt requested, to the person and at the address listed below or such other persons and addresses as shall be communicated in writing to the other party by the party to whom notice is intended to be given:
If intended for UWRC: United Way of Rockland County, Inc.
Telephone 845-358-UWAY
If intended for Vendor: _________________________________
_________________________________
_________________________________
_________________________________
_________________________________
9. Severability. The provisions of this Agreement are separable. If one or more of the provisions of this Agreement are held invalid by any court of competent jurisdiction or are voided or nullified for any reason, the remaining provisions and paragraphs shall continue in full force and effect and shall be binding on the parties so as to carry out the intent and purposes of the parties as nearly as possible.
10. Governing Law; Entire Agreement. This Agreement is governed by and shall be
construed under the laws of the State of
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above.
“UWRC” “Vendor”
United Way of Rockland County, Inc. Vendor:___________________________________
Print Name:__________________________ Print two contact names:
____________________
_____________________________________
Signature:_____________________________ Owner’s
Signature:_________________________
Title: ________________________________
Title:_____________________________________
Date:
_________________________________ Date:_____________________________________
Telephone: ________________________________
E-mail:____________________________________