XtraPlan Inc has developed a consumer rebate program in which merchants provide rebates on purchases to consumers shopping through the program.
Members enroll their credit and debit cards in these programs to participate. Businesses, which accept these registered cards as form of payment, are Merchants ("Merchants").
This agreement constitutes the entire agreement between XtraPlan Inc. and Merchant.
Each party warrants having the legal capacity and authority to enter this agreement and agree as follows:
Small Business recovery program included features
Customer Acquisition, Loyalty, Continuity and Reward Program
1. Website - up tp 20 pages
2. Ecommerce - up to 20 products
3. Customer Email Communication - up to 1000 per month, send semi monthly
4. Customer Satisfaction Survey Program - once a quarter
5. Loyalty Program - including private branded shopping mall
6. Residual Income- from customer shopping
7. Virtual Cash Register - receive payment on portable devices
8. Customer Database - statistics
9. Local Listing - Advertising
10. Dedicated Acoount Executive
Additional services such as expanding the web site and shopping cart will be quoted separately
Terms & Conditions
The term of this agreement shall be for One year, and automatically be renewed. Merchant or XtraPlan Inc. may terminate this Agreement by giving Ninety (90) day´s prior written notice. XtraPlan Inc.may terminate this Agreement immediately in the event Merchant becomes insolvent or files for bankruptcy or has an involuntary bankruptcy filed against it or violates any of the provisions herein. Other conditions warranting early termination include but are not limited to, non-payment or late payment of merchant commissions or improper or irregular processing of transactions. Merchant agrees to pay all commissions to XtraPlan through the effective date of termination or end of the Agreement. Any and all commissions are due and payable upon receipt of the invoice. Upon thirty (30) days prior written notice XtraPlan may change or modify the terms and conditions set forth herein and such changes shall become effective unless XtraPlan or Merchant objects. In event Merchant objects, either party shall have the right to terminate this agreement.
This agreement shall be governed by and construed in accordance by the laws of the State of Florida. In the event of any dispute between the state of Florida. In the event of a dispute between the parties, the parties agree that the appropriate venue shall be the Circuit Court of Broward County, Florida or the US District Court for Southern Florida. The prevailing party shall be entitled to recover from the non-prevailing party all costs and expenses including attorneys fees throughout and including any appeal. XtraPlan and Merchant agree to comply with all federal, state and local laws.
Neither party shall be liable for its failure to perform under this Agreement, if such failure arises out of causes beyond the reasonable control and without the fault or negligence of such party. Such causes may include, but are not limited to, acts of God, fire, wars or strikes.
Each party shall consider all information furnished to be confidential, and shall not disclose any such information to any third party except where required by law.
The Merchant agrees to pay xtraplan Inc _______________% commission on all purchases/transactions from enrolled members of Programs. Merchant´s participation level will be displayed as _______________% to the public. No less than 50% of commissions will be distributed to member´s designated organization. XtraPlan will provide Merchant a Summary Commission Report and Merchant Invoice on a monthly basis via electronic communication. Merchant via Automated Clearing House (ACH) debit will pay this invoice, within 5 days of receipt of report. The merchant ACH account information is listed on page one of this agreement.Detailed transaction information by registered members will be made available to merchant in a secured on-line method for auditing purposes.
Merchant agrees to provide XtraPlan´s processor with all data reasonably requested. This includes but is not limited to, merchant identification numbers, merchant processor and physical store addresses and contact name. Merchant agrees to perform all reasonable tests required by XtraPlan, to confirm ability to process settlement transactions. Merchant agrees to notify us of any changes that may interfere with the processing of member transaction information within Ten 10 days.
Merchant shall not, under any circumstances, sell, purchase, provide, or otherwise disclose member´s account information or other personal information to anyone except XtraPlan and its affiliated parties, unless required by law. Merchant indemnifies and holds TriGlobe Inc dba XtraPlan harmless against any claim arising out of or related
to Merchant´s failure to impose, collect or remit taxes to governmental agencies.
Merchant shall allow XtraPlan to use the Merchant´s trade names, trademarks and logos for the purpose of promoting the Merchant in the Program. Merchant will provide XtraPlan with marketing literature to promote the programs.
Merchant shall, defend, indemnify and hold harmless XtraPlan and its officers, owners and employees from any claim, loss, or cause of action of any nature nature whether arising out of tort, contract, common law or statute arising out of or relating to any member transaction with Merchant. In no event shall either party party be liable to the other, for lost profits, punitive, exemplary, indirect or consequential damages
Disclaimer of Warranties
XtraPlan MAKES NO WARRANTIES WHATSOEVER, EXPRESSED OR IMPLIED, WITH REGARD TO ANY SERVICES PROVIDED UNDER THIS AGREEMENT. XtraPlan EXPRESSLY DISCLAIMS ALL WARRANTIES OF AND OF FITNESS FOR A PARTICULAR PURPOSE. XtraPlan DOES NOT
WARRANT THAT THE SOFTWARE OR HARDWARE USED IN THE PROGRAM WILL BE ERROR FREE OR WILL OPERATE WITHOUT INTERRUPTION. REVISED 11/1/11