Reseller Loyalty Rewards Checklist

Reseller Information

Reseller Business Name*
Sales Rep Name*
First Last
Sales Rep Email*
Business Information

Business Name*
Email*
Phone*
Address*
Street Address Address Line 2 City State ZIP Code
This is the location where Huzzah Loyalty Rewards will be used and where we will ship all the materials.
Business Category*
Website
Your Facebook Page
ie: https://www.facebook.com/gethuzzah
Your Twitter Page
ie: https://www.twitter.com/gethuzzah
Company Logo

Upload your logo and we will put it on your tablet before it arrives.
File
Rewards

You can offer as many rewards as you like to your customer, but we can help you get your first 4 entered now.

Reward Value: This is the amount that is needed to redeem a reward. All check-ins receive 5 coins and all Rewards must be in increments of 5.
Name of FIRST Reward
Expiration Date
Number of Coins
Name of SECOND Reward
Expiration Date
Number of Coins
Name of THIRD Reward
Expiration Date
Number of Coins
Name of FOURTH Reward
Expiration Date
Number of Coins
Contract Information

Select Huzzah Loyalty Product*
Terms of Service*
CONTRACT FOR DIGITAL AND MOBILE MEDIA ADVERTISING SERVICES

This contract (the “Contract”) sets forth the terms and conditions pursuant to which Huzzah Media shall provide certain media advertising services including but not limited to; online, digital, mobile, listings, performance, social media, SEO, SEM, video, website, SMS, rewards, loyalty, mobile advertising, pay per call and mobile application platform products (the “Services”) to Customer and sets forth the rights and obligations of the parties hereto. For purposes of this Contract, “User Friendly Media” shall refer to User-Friendly Phone Book, LLC d/b/a User Friendly Media or Sayv Mobile, LLC d/b/a App Express or d/b/a Huzzah Media or any other affiliated company, subsidiary or established d/b/a of User Friendly Media or Sayv Mobile. “Customer” shall mean individual, sole proprietorship, partnership, association, joint stock company, corporation or any other entity authorizing the Services. “Services” shall mean any and all advertising products, services and applications provided by Huzzah Media to Customer. Additional Terms of Use and Service, Privacy Policy and Anti-Spam Policy are set forth at all Huzzah Media websites. Such terms and conditions are incorporated into, and are part of this contract.

A.	TERM AND CANCELLATION. The initial term of this contract shall commence on the Date of Sale and continue for a period of at least twelve (12) months (the “Term”).  Thereafter, the Term shall automatically renew for successive one (1) month periods. Customer may cancel this Agreement within the first thirty (30) days upon submitting account Cancellation requests in writing to Huzzah Media Customer Service Department. If a cancellation request is submitted after the 30 days and before the end of Customer’s then current Term, Cancellation will take affect at the end of the current term and will require five (5) business days for processing. Customer agrees that Huzzah Media shall have the right to unilaterally cancel this Contract without any notice to Customer.

B.	PAYMENT AND REFUNDS. Customer acknowledges and agrees that payment for Services will be made to Huzzah Media on a monthly basis as follows (i) via credit card or an ACH transfer or (ii) an authorized PayPal account if applicable. No invoices will be issued and all payments will be made by auto pay. Huzzah Media reserves the right to modify and change payment processing services at any time without notice. There will be no refunds or adjustments on any of the Services for including but not limited to; setup fees, partial months of service, upgrades/downgrades, downtime or unused Services. Huzzah Media reserves the right to charge additional fees for optional premium services including but not limited to extra storage, excessive downloading, use of videos, domain purchases and ad removal. Customer acknowledges and agrees that any payment that he makes pursuant to this Contract, before being applied toward the amounts due under this contract, shall first be applied towards any previous charges that may be due and owing to Huzzah Media under the terms of any other contract. If Customer fails to pay any amount due under terms of this contract or any other contract between Customer and Huzzah Media when due, Huzzah Media, may at its sole election, accelerate the entire amount of Customer’s outstanding obligations under any or all such contracts, without further notice to Customer, in which event any and all amounts payable by Customer shall become immediately due and payable together with reasonable attorney’s fees, court costs, and other reasonable expenses incurred if it becomes necessary to exert these means to effect collection. Customer hereby knowingly and willfully waives demand, presentment, dishonor notice of default, notice of intent to accelerate, notice of acceleration and any other notice which might otherwise be required under applicable law upon Customer’s failure to pay any amount when due, except where such waivers are otherwise prohibited by applicable laws. A Late charge equal to one and a half percent (1.5%) per month will accrue on any amounts payable by Customer which are not paid within 30 days of the date upon which such payments become due and payable. Huzzah Media may charge a reasonable processing fee for returned checks. No acceptance of any payment or instrument marked with any restrictive covenants or other limited or conditional endorsement shall be deemed a waiver of any of Huzzah Media’s rights under this Contract.

C.	TAXES. Customer will be responsible for any sales, use excise or gross receipt taxes which are currently or may in the future be imposed on the sale of advertisement.

D.	CUSTOMER’S REPRESENTATIONS AND WARRANTIES. Customer represents and warrants to Huzzah Media that: 
(i) Customer has the absolute, non-exclusive, irrevocable, royalty-free, worldwide, and unrestricted right, license and authority to use, store, reproduce, publish, publicly perform, display, distribute, manipulate, modify, post and template any and all content, names, addresses, business information, images, artwork, digital files, still image, film or video, audio, visual representation generated optically, electronically, digitally, or by any other means, film imprints, prints, original digital files, trade names, service marks or any copies of any product protected by trademarks, copyrights, patents or other intellectual property rights contained in any copy provided by Customer or included in any products or services provided under the Contract; 
(ii) Customer grants Huzzah Media the absolute unrestricted right and license during the term and thereafter to copy, display, modify, reproduce and distribute any of the information provided for the Services under this Contract to Huzzah Media for use through its websites, networks, platforms, products, mobile applications, equipment, sales materials, marketing, editorial, promotional activities, online listings, postings and reviews, emails, SMS messaging or any other media  and represents and warrants to Huzzah Media that such use will not infringe upon any third party rights; 
(iii) Customer’s performance hereunder will not cause a material breach to any agreement which it is a party; Customer will at all times comply with all applicable laws and licensing regulations; 
(iv) Customer acknowledges and agrees that the Services are provided on and “AS IS” basis and no written or oral, express or implied, statements, representations, warranties or guarantees have been made or given to Customer with regard to the services to be provided under this Contract and that Huzzah Media disclaims all warranties and guarantees regarding the Services, websites, networks, platforms, products, mobile applications, equipment, online listings, postings and reviews, emails, SMS messaging or any third party services and/or service providers; 
(v) Customer acknowledges, understands and agrees to abide by any and all of Huzzah Media’s  and third party service providers, policies, procedures, terms of use, terms of service and licensing conditions including but not limited to those set forth at all Huzzah Media and Sayv Mobile websites; 
(vi) Customer acknowledges and agrees that Huzzah Media does not and cannot guarantee approval of any mobile application from a mobile platform provider nor guarantee the application will be approved and published within a certain length of time; 
(vii) Customer acknowledges and agrees that Huzzah Media may distribute the Services through a third party advertising network including but not limited to; websites, networks, platforms, products and other applications owned and operated by Publisher, and third parties with whom Publisher has agreements; 
(viii) Customer grants Huzzah Media and affiliates a royalty-free unrestricted right and license to establish links and to link users of  advertising to the websites designated in Customer’s advertising and to cause the links to open new browser windows and publish the websites designated by such links.

E.	OWNERSHIP AND LICENSING. Customer acknowledges and agrees in regards to the Services that 
(i) any and all rights, title, authority, ownership and interest including but not limited to; the development, design, template, software, code, images and content for use relating to the Services is owned, operated, registered and/or licensed by Huzzah Media, Sayv Mobile or a third-party vendor of Huzzah Media; 
(ii) that Huzzah Media is granting Customer the right and limited license to use the Services during the term of the Contract; 
(iii) that Customer is prohibited from including but not limited to; copying, reproducing, reverse engineering, decompiling, translating, disassembling, rearranging, dissecting, modifying, altering, creating derivative works from, sub-licensing, transferring, assigning and distribution any of the information relating to the Services and 
(iv) Huzzah Media retains all rights in and/or ownership of any Services created or supplied by Huzzah Media; 
(v) upon termination of the Services, all of the above described information will belong to and remain with Huzzah Media and Customer has no rights, title, authority, ownership and interest to the Services with the exception of Customer provided content.

F.	EQUIPMENT AND INSTALLATION. Should Customer purchase Services requiring specific hardware and/or software and accessories (the “Equipment”), Huzzah Media will provide standard installation of the Equipment. Customer will be responsible for the cost in the event of a complex installation such as when third party or outside technical support is required to complete the installation. Customer is responsible for following all Huzzah Media policies and procedures regarding care and safekeeping of Equipment. Huzzah Media will provide replacement Equipment in the event the Equipment malfunctions or is cracked, broken or does not operate at full capacity provided Customer has followed all care and safekeeping of Equipment policies and procedures. However, if the Equipment is lost or stolen, Customer is responsible for all replacement costs. In the event of a termination, all Equipment provided to Customer must be returned to Huzzah Media within fifteen (15) days of termination. Customer is responsible for all return shipping charges and for any damage incurred in the shipping process. If any of the Equipment is not returned, Huzzah Media will charge Customer for the cost of the item not returned.

G.	CAUSES OF ACTION. The parties agree that, unless otherwise prohibited by law, any claims or causes of action arising under or relating to this Contract by a party hereto shall be commenced prior to the date that is two (2) years after the date upon which the mobile application is first published by the mobile platform provider and that all causes of action not commenced by a party hereto within such two year period will be deemed waived; this shall not include claims or causes of action arising from Customer’s failure to pay.

H.	LIMITATION OF LIABILITY. Customer hereby acknowledges and agrees that Huzzah Media’s total liability under this Contract is limited to total amount paid by Customer. In no event will Huzzah Media be liable for consequential or special damages, lost profits or direct or indirect damages, suffered or incurred by Customer or a third party as the result of any breach of any obligation under the Contract.

I.	COMPLETE AGREEMENT; MODIFICATION. This Contract contains the entire agreement of the parties with respect to the advertising services to be provided by Huzzah Media. No agent or employee of Huzzah Media or Customer has the authority to vary any of the terms of this Agreement. This Agreement represents the final contract and agreement between the parties and may not be contradicted by evidence of prior, contemporaneous or subsequent oral agreements of the parties. There are no-unwritten agreements between the parties.

J.	AUTHORITY. The person signing the Contract on behalf of Customer, or otherwise authorizing the placement of the advertising hereby certifies that he or she is either Customer, or that he or she has been lawfully authorized to enter into this Contract on behalf of Customer and when executed this contract will constitute the legal, valid and binding obligation of Customer enforceable against it in accordance with its terms. If Agency is executing on behalf of Customer, Agency hereby represents and warrants that both Agency and customer are contractually bound by the terms of this contract and are subject to all terms and conditions.

K.	GOVERNING LAW. This Agreement and the transaction(s) hereunder shall be governed as to validity, interpretation, enforcement and effect by the laws of the State of Texas and shall be binding on and inure to the benefit of Huzzah Media and Customer and upon their respective heirs, personal representatives, successors and assigns. In addition, this Agreement shall be deemed to have been made, accepted, performable and all amounts payable to Huzzah Media PO Box 131929 in The Woodlands, Texas 77393. Each party to this Agreement hereby irrevocably submits to the jurisdiction of the courts located in The Woodlands, Montgomery County, Texas and agrees that the exclusive venue of any legal action arising out of this Agreement shall be in Montgomery County, Texas.

L.	FORCE MAJEURE. Customer and Huzzah Media acknowledge and agree that none of the other parties hereto will be in breach of their respective obligations under this Contract in event that, for cause or causes beyond their control, such parties are unable to perform, in whole or in part, any one or more of their obligations under this contract. Such causes shall include, but not limited to labor disputes, governmental regulations or controls, fire or other casualty, inability to obtain materials or services, technical failure, acts of God, insurrection, or any other cause not within the reasonable control of the party which is unable to perform.

M.	BINDING EFFECT AND ASSIGNMENT. Huzzah Media may assign its rights and obligations under this Contract without notice to or consent from Customer. Customer may not assign (whether voluntary, involuntary, by merger, consolidation, dissolution, operation of law or any other manner), its rights and obligations under this Contract without the prior written consent of Huzzah Media (which consent shall not be unreasonably withheld) and unless such assignee agrees in writing to be bound by and subject to the terms of this contract, including without limitation, the payment terms. Any assignment approved by written consent shall not relieve Customer of any of its obligations under this Contract unless such exculpation is specifically set forth in such written consent.

N.	SEVERABILITY. The invalidity or enforceability of any particular provision, or part of any provision of this contract will not affect the other provisions or parts hereof, and this Contract will be construed in all respects as if such invalid or enforceable provision(s) or parts(s) were omitted. 

O.	ATTORNEY’S FEES. In the event of litigation arising out of this contract or its enforcement by either party, the prevailing party shall be entitled to recover as part of any judgment, reasonable attorney’s fees and court costs.
I agree to the Terms of Service