PROMOTION OF MERCHANT TO EMO MEMBERS
Upon a Merchant being accepted as an EMO preferred Merchant, EMO will notify its membership of the Merchant’s status as a preferred Merchant, the discount offered, the address and/or contact information of the Merchant. This notification may include posting of the Merchant information on the EMO’s website and by EMO directly communicating to its members by email, written information distributed at meetings, and other forms of communication. Merchant when applicable will supply EMO Merchant’s logo and/or internet links so that EMO may add logo and/or link to EMO’s websites. Merchant may post a sign or decal that is approved by EMO notifying the public and EMO of its status as an EMO preferred Merchant.
DURATION OF THIS AGREEMENT
This agreement will remain in effect until either EMO or Merchant provides the other of written notice that they wish to terminate this agreement. Either party may terminate this agreement with or without cause. Any transactions in process will continue to receive the discount granted under this agreement. Any marketing and/or referrals fee owed by Merchant on ongoing or pending transactions of Merchant with EMO’s members will be owed and paid to EMO by Merchant as though this agreement had not been terminated.
GENERAL PROVISIONS
RELATIONSHIP OF THE PARTIES: The parties are independent contractors and nothing in this agreement shall make them joint venturers, partners, employees, agents or other representatives of the other parties. Neither party shall make any representation that suggest otherwise.
GOVERNING LAW: This agreement and performance under it will be interpreted, construed, and enforced in all respects in accordance with the laws of the State of Texas. Merchant hereby consents to personal jurisdiction of and venue in the states and federal courts located in Harris County, Texas and agrees not to commence or prosecute any such action, claim or proceeding other than such courts.
NON-EXCLUSIVITY: This agreement does not confer on either party any rights that are exclusive. Merchant is free to enter into agreements with other discount or membership programs which are offered by other organizations and EMO is free to enter into agreements with other Merchants who may or may not be soliciting the same customers and/or clients as Merchants.
SEVERABILITY AND HEADINGS: If any provision of this agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. The parties agree to replace any invalid provision with a valid provision, which most closely approximates the intent and economic effect of the invalid provision. Headings are used for convenience of reference only and in no way define, limit, construe or describe the scope or extent of any section, or in any way effect this agreement.
NOTICES: All notices to Merchant shall be sent by mail or electronic mail provided in the Merchant Application. All notices to EMO shall be in writing and sent to 10942 Grant Road Suite #117, Houston, TX 77070. Should either party change address for notices they will inform other party in writing within 10 days of changing address.
EFFECTIVE DATE: This agreement becomes effective upon the date that an EMO corporate officer signs this agreement below. EMO will sign this agreement following the review and approval of the Merchant’s application and the Merchant signing this agreement below.
ENTIRE AGREEMENT: This agreement sets forth the entire understanding and the agreement of the Parties, and supersedes any and all prior or contemporaneous oral or written agreements or understandings between the parties, as to the subject matter of this agreement.