Blue Lizard Gift Card Fundraising Program Terms and Conditions
BLUE LIZARD® GIFT CARD FUNDRAISING
PROGRAM TERMS & CONDITIONS
GENERAL
This is the Crown Laboratories, Inc. (“Crown”) Terms and Conditions for its Blue Lizard® Gift Card Fundraising Program (“Agreement”), which governs the terms and conditions of participation in the Blue Lizard® Gift Card Fundraising Program.
a. General Correspondence with Crown.
Crown can be reached by email at: info@crownlaboratories.com.
Crown can be reached by phone at 800.334.4286
Crown can be reached by fax at 423.926.0165
Crown can be reached by US mail at:
Crown Laboratories, Inc. P.O. Box 1425
Johnson City, TN 37605
b. Gift Card Correspondence with Crown.
Email at: promotions@bluelizard.net
By phone: 336-701-2583 during business hours of Monday - Friday, 8am -5pm EST
DEFINED TERMS
The term “company” (or “Company”) refers to Crown. Crown is the maker of all Blue Lizard® Australian Sunscreen products. Additionally, its websites may refer to, or offer, other products, which Crown also manufactures and/or commercializes. Throughout its websites, and this Agreement, the terms “we,” “us” and “our” also refers to Crown.
The term “company products” (or “Company Products”) is defined as any product for which Crown is deemed the maker, which includes (but is not limited to) all Blue Lizard® Australian Sunscreen products; Crown is considered the maker of any dermatology solution offered for sale from the company’s online stores.
The term “organization” (or “Organization”) is defined as a citizen of the United States who is at least 18 years of age, publisher or business entity located within the United States, which Crown approves to engage in the Crown Blue Lizard® Gift Card Fundraising Program, to sell Gift Cards for the Company’s website. Throughout this Agreement, the terms “you” and “your” refer to the “organization” (or “Organization”).
The term “program” (or “Program”) is defined as any Crown Blue Lizard® Gift Card Fundraising Program that Crown offers to organizations as part of Crown Services.
The term “active relationship” (or “Active relationship”) is defined as a business relationship, bound by the terms of an active and effective Agreement, between the Company and an Organization, where the Company and the Organization abide by the terms and conditions of their Agreement.
The term “Party” is defined as the Organization or the Company (collectively referred to as the “Parties”).
PRIVACY
Please review our Crown Privacy [add link] policy, which also governs your use of Crown Services, to understand our practices.
ELECTRONIC COMMUNICATIONS
When you use any Crown service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you by e-mail or by posting notices from its websites or through the other means. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT
All content included in, or made available through, any Crown service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of Crown or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Crown service is the exclusive property of Crown and protected by U.S. and international copyright laws.
TRADEMARKS
Click here [add link] to see a non-exhaustive list of trademarks. In addition, graphics, logos, page headers, button icons, scripts, and service names included, in or made available through, any Crown service are trademarks or trade dress of Crown in the U.S. and other countries. Crown’s trademarks and trade dress may not be used in connection with any product or service that is not Crown's, in any manner that is likely to cause confusion to anyone who encounters such a misuse, or in any manner that disparages or discredits Crown. All other trademarks not owned by Crown that appear on any Crown Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Crown.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE BLUE LIZARD® GIFT CARD FUNDRAISING PROGRAM AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE CROWN SERVICES ARE PROVIDED BY CROWN AND THEIR DESIGNATED THIRD PARTIES ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. CROWN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE CROWN MARKETING ORGANIZATION SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE CROWN SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE CROWN SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CROWN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CROWN DOES NOT WARRANT THAT THE CROWN SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE CROWN SERVICES, CROWN OR DESIGNATED THIRD-PARTY SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM CROWN SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CROWN WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY CROWN SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY CROWN SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
DISPUTES
Any dispute or claim relating in any way to your use of any Crown Services, or to any products or services sold or distributed by Crown will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to [INSERT CROWN INFORMATION HERE]. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 800-778- 7879 (General Customer Support). Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $1,000 unless the arbitrator determines the claims are frivolous. Likewise, Crown will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
APPLICABLE LAW
By using any Crown Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Tennessee, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you (“you” being the same as Organization) and Crown.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, including (but not limited to) our Privacy policy, posted on Crown sites. These policies also govern your use of Crown Services. We reserve the right to make changes to our site, policies, Service Terms, and this Agreement at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
OUR ADDRESS
Crown Laboratories, Inc.
P.O. Box 1425
Johnson City, TN 37605
http://www.crownlaboratories.com
https://bluelizardsunscreen.com/
How to Serve a Subpoena
If you have a subpoena to serve on Crown, please note that Crown does not accept service via e-mail or fax and will not respond to the subpoena. All subpoenas must be properly served on Crown, by mailing the subpoena to Crown’s mail address:
Crown Laboratories, Inc.
P.O. Box 1425
Johnson City, TN 37605
Attn: Legal Department - Subpoena
Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request. That information should include Organization’s name, e-mail, and physical address.
AGREEMENT TERMS
Whereas Company desires to engage Crown Blue Lizard® Gift Card Fundraising Program to market the products of Company, and Organization desires to engage in such services, Party desire to define the terms and conditions applicable to Organizations performance of such services. Company and Organization agree as follows:
1. Length of Agreement. The Parties agree this Agreement will take effect when the Company notifies the Organization of their acceptance into the program and the Agreement remains in effect until otherwise terminated by either Party.
2. Enrollment. The Parties acknowledge and agree to the following:
A. The Organization desires to enroll in the Crown Marketing Blue Lizard® Fundraising Gift Card Program to sell Gift Cards.
B. The Organization understands and agrees that this Agreement has no force until approved and accepted by the Company.
C. The Organization understands and agrees that Company may reject Organizations enrollment for any or no reason and that Company is not obligated in any fashion to provide a rejection reason to the Organization.
D. Organization understands that Organizations relationship with Company, should Company accept Organization, is non-exclusive in nature and that Company may engage other such Crown Marketing Organizations at Company’s sole discretion.
E. Organization must submit a complete and accurate Program application. Company shall review Organization application and shall provide notice to Organization of Company’s decision to accept or reject Organizations application. Company may reject Organization application for any reason including if Company determines that Organization is unsuitable. Unsuitable Organization include those that:
(i) promote or contain sexually explicit materials;
(ii) promote violence or contain violent materials;
(iii) promote or contain libelous or defamatory materials;
(iv) promote discrimination, or employ discriminatory practices, based on race, sex, religion, nationality, disability, sexual orientation, or age;
(v) promote or undertake illegal activities;
(vi) are directed toward children under 13 years of age, as defined by the Children’s Online Privacy Protection Act (15 U.S.C. §§ 6501-6506) and any regulations promulgated thereunder;
(vii) include any trademark of Crown including (but not limited to) Crown trademarks for Blue Lizard™ Australian Sunscreen, or a variant or misspelling of a trademark of Crown, Crown Products, or Crown Services, in any domain name, subdomain name, or in any username, group name, or other identifier on any social networking site; or otherwise violate intellectual property rights.
F. Organization will ensure that the information in Organizations application for enrollment in the Program, and information otherwise associated with Organizations account, including Organizations contact information and disclosure of Organizations online presence (including any websites, email addresses, and social media accounts), is at all times complete, accurate, and up-to- date. Company may send communications relating to the Program or this Agreement to the email address then-currently associated with Organizations account, and Organization will be deemed to have received all communications sent to said email address.
3. Responsibilities of Organization. Organization shall satisfy the following responsibilities at all times during the term of this Agreement:
A. Organization shall use best efforts to provide services, in a manner consistent with the standards generally observed by a professional in the industry to which such services performed can be classified, in accordance with the terms and conditions set forth in this agreement.
B. Organization shall exhibit and conduct behavior in a manner consistent with the high image, reputation and credibility of Company and Company Products, and shall engage in no activities that reflect adversely on Company or Products.
C. Organization shall not represent to any other party that Organization is a sales representative of Company or that Organization has any authority to bind the Company in any fashion. While Organization may make simple endorsements of Company Products, Organization shall not make any factual assertions or other representations regarding Company Products.
D. Organization shall strictly follow the guidelines as provided by the Company as to the marketing of Company Products. Company will provide basic promotional materials to Organization at no cost to Organization. Organization shall use materials provided, and Organization may not modify these materials in any fashion without express, written consent from Company. Organization shall at all times honor the trade names, trademarks, and copyrights that exist in these materials.
E. If Organization has a website, Organization may link to Company’s website via Internet link methods or by email. Organization may endorse Company Products on Organization’s website or in an email. Organization agrees not to advertise Company Products on websites that promote sexually explicit material, violence, pirated materials, or sites that promote discrimination based on race, sex, religion, national origin, or physical disability or sites that promote illegal activities. Organization may only include a Company Internet link in email that has been “opted-in” by the end recipient; Organization shall not send Company Internet links through any form of bulk mail or in a manner that violates the CAN-SPAM Act of 2003).
F. Organization will comply with all applicable federal, state, local laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions, and other requirements of any governmental authority that has jurisdiction over Organization, including those that govern marketing email, including but not limited to the CAN-SPAM Act of 2003, in performance of Organizations duties under this Agreement and in connection with Organizations participation in the Program.
4. Scope and Limitations of Organizations Authority. The Parties agree as follows with regards to the scope and limitations of Organizations authority under this Agreement:
A. Organizations may sell Blue Lizard® Fundraising Gift Cards within their business and acceptable social media platforms designated on Exhibit A (“Territory"). Organization shall not market Company Products in any other business or social media platforms, without prior consent of Company. Company may, from time to time and at its sole discretion, change the scope of the Territory. In any such instance, Company shall issue a new Exhibit A to Organization reflecting such change, which shall, as of the effective date stated thereon, supersede the prior Exhibit A. Organization acknowledges and agrees that it neither has, nor will acquire, any vested or proprietary right or interest with respect to the Organizations business, any Company customers in the Organizations business, or any Company customer lists. Organization further acknowledges and agrees that any goodwill accruing in the Business during the term of this Agreement with respect to Company or Company Products shall be considered the property of Company rather than Organization.
B. Organization has no authority to solicit or accept orders on behalf of Company. Organization shall have no right or authority to obligate Company to sell Products to any party.
C. Organization shall have no authority to discuss or modify any prices, credit terms, sales programs or other terms or conditions related to the sale of Company Products; authorize any customer to return Products to Company for credit; or obligate or bind Company in any other manner. Organization shall have no authority to receive payments or otherwise make collections from any party on Company’s behalf.
D. Without prior, express, written approval from Company, Organizations shall not use paid search or branded/trademarked terms belonging to Company. Company may, at any time, check for such practices and may immediately remove from the Program any Organization if Company believes said Organization has engaged in such practices without express, written approval of Company.
E. Organization shall not engage in any unfair trade practices with respect to Company or Company Products and shall not make false or misleading representations with respect to Company or Company Products. Organization shall refrain from communicating any information with respect to guarantees or warranties regarding Company Products, except such as are expressly authorized by Company or are set forth in Company's literature or other promotional materials.
6. Ownership of Work Product, Employees, Warranty and Indemnification. The Parties agree that all intellectual property rights in any ideas, modifications to Company materials, and other deliverables that result from the services performed by Organization pursuant to this Agreement (“Work Product”) are considered to be a “work for hire” and therefore ownership of any such rights shall be exclusively vested in and/or automatically assigned to Company. Organization agrees to promptly execute any documents necessary for Company to perfect its rights in such Work Product. Additionally, Organization warrants that the Work Product shall be original, that Organization has the right to assign ownership of any/all intellectual property rights in such Work Product to Company, and that Organization will perform all services in a good, professional, and workmanlike manner, in accordance with industry standards. Organization agrees that it will ensure that its employees performing work under this Agreement comply with this Agreement, including, but not limited to, having such employees sign documents assigning intellectual property rights to Company to the extent Organization is required such rights to Company. Organization hereby agrees to indemnify Company for any liability that Company may incur as a result of Organization’s breach of a warranty listed in this section. The terms of this Section shall survive the termination and/or expiration of this Agreement. Organization’s obligations pursuant to this section shall survive the termination/expiration of this Agreement.
7. Taxes. Organization shall be responsible for payment of all employment and income taxes relating to Organization’s services under this Agreement. Should Company have to make any such payment of employment and income taxes on behalf of Organization, Organization shall repay such amounts to Company including any interest and penalties assessed to Company.
8. Limitation of Liability and Exclusion of Certain Remedies. Organization understands that Company provides the programs offered under this Agreement on an “as-is” basis and makes no warranty with regards to these programs and their effect on Organization’s income and business. In no event shall Company be liable to Organization for consequential, special, incidental, or punitive damages (including, but not limited to, legal costs and fees) from any claim asserted against Company or by any third party through any party to this Agreement. The terms and provisions of this section shall survive the termination and/or expiration of this Agreement.
9. Confidentiality. During the period in which Organization is providing services for Company and indefinitely thereafter, Organization shall keep secret and retain in strictest confidence, and shall not, without the prior consent of Company, furnish, make available or disclose to any third party or use for the benefit of itself (except as necessary to fulfill the purposes of this Agreement and/or a Services Schedule(s) attached hereto) or any third party, any Confidential Information of Company. As used herein, “Confidential Information” shall mean any information relating to business or affairs of Company, including but not limited to, the Company, Company Products, Work Product, information relating to financial statements, business strategies and plans, customer identities, customer accounts, potential customers, employees, suppliers, servicing methods, equipment, programs, style and design strategies and information, analyses, profit margins, or other proprietary information used by Company in connection with its business. If Organization is an entity, it will make sure that the Confidential Information is disclosed only to those of its employees whose functions require that they obtain access to the Confidential Information to carry out the purpose of this Agreement, that have been informed of the confidential nature and obligations of Organization with respect to the Confidential Information and who are subject to a general written agreement committing such employees to conduct that would not violate Organization’s obligations listed in this Section with respect to such Confidential Information if such conduct was committed by Organization. Organization’s obligations pursuant to this section shall survive the termination of this Agreement.
10. Non-Competition. Competitor, for purposes of this Section, shall mean any direct competitor of Company operating in a similar manner and venue. During the term of this Agreement, Organization agrees not to provide nor assist anyone and/or any entity(ies) in providing, the same and/or substantially similar services to a competitor of Company. For a period of 2 years after the termination of this Agreement, Organization understands and agrees that Organization shall not induce any customers of Company, whether directly or indirectly through use of third parties such as employers and agents, to leave Company’s business. Any such act by Organization shall subject Organization and any such third parties to civil and possible civil liability.
12. Termination. Organizations accept that a company can cancel the active relationship between themselves and the organization at any time. Upon such notice of termination, Organization shall immediately cease working and return to Company all Work Product, Company promotional materials, and any Confidential Information in Organization’s possession (“Termination Obligations”) and certify to Company, in writing, that it has performed its Termination Obligations. Organization’s obligations pursuant to this Section shall survive the termination/expiration of this Agreement and any/all Services Schedules.
13. Solicitation. During the term for this Agreement and for a period of two (2) years after termination of this Agreement, Organization shall not hire, solicit, or induce or assist any third party in soliciting or inducing any employee, contractor, or other organizations of Company to leave his or her employ or cease providing services to Company, as applicable.
14. No Other Relationship or Interest. The Parties agree that this Agreement does not create any other relationship or legal interest between the Parties, including, but not limited to, employer/employee relationship, license, title, guarantee of work, or right to use any Confidential Information, except as specified by this Agreement.
15. Arbitration. In the event the Parties cannot amicably resolve a dispute or damage claim resulting from this Agreement, the Parties agree to resolve any such dispute or damage claim by arbitration. The arbitration proceeding shall be conducted [Crown’s existing relationship with arbitration services], in accordance with the rules of the American Arbitration Association then in effect with one (1) arbitrator to be selected by mutual agreement of the parties. If the Parties cannot agree on an arbitrator, then the American Arbitration Association shall select an arbitrator from the National Panel of Arbitrators. The laws of the State of Tennessee shall apply to the arbitration proceedings. The Parties agree that the arbitrator cannot award punitive damages to either party and agree to be bound by the arbitrator’s findings. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction.
16. Disputes and Governing Law. The laws of the State of Tennessee in the United States without regard to any conflict of law principles govern this Agreement. No action, arising out of the transactions under this Agreement may be brought by either party more than one year after the cause of action has accrued.
17. Limitations on Assignment. Organization may not assign, transfer or sell all or any of its rights under this Agreement or delegate all or any of its obligations hereunder, without the prior written consent of Company. Company may assign this Agreement to a parent, subsidiary or organizational firm or to another entity in connection with the sale or other transfer of all or substantially all of its business assets. Subject to these restrictions, the provisions of this Agreement shall be binding upon and shall inure to the benefit of the parties, their successors and permitted assigns.
18. Personal Information Provided By Organizations
Any visitor to our websites can register to receive personalized services and communications. When visitors register, we will request some personal information such as (but not limited to) name, email, and other relevant information.
Organizations and visitors may also be asked to disclose personal information to Company so that we can provide assistance and information as a service to you. For example, such data may be warranted in order to provide online technical support and troubleshooting.
If you submit information such as (but not limited to) your email address in order to access content, enter competitions, etc., we reserve the right to add you onto our general marketing mailing list.
You can opt out of our emails any time with a single click and we will never sell your information to 3rd parties.
We will not disclose personally identifiable information we collect from you to third parties without your permission except to the extent necessary including (but not limited to):
• To fulfill your service requests for services
• To protect ourselves from liability
• To respond to legal process or comply with law
• In connection with a merger, acquisition, or liquidation of the company
We will never share your email address or other contact information with other companies, except to enable fulfillment of specific requests you have made.
19. Use Of Web Beacons.
Company email communications may contain electronic images known as Web beacons, in order to determine whether messages have been opened and acted upon. Some of these Web beacons may be placed by third party service providers to help determine the effectiveness of our advertising campaigns or email communications.
These Web beacons may be used by these service providers to place a persistent cookie on your computer. This allows the service provider to recognize your computer each time you visit certain pages or emails and compile anonymous information in relation to those page views, which in turn enables us and our service providers to learn which advertisements and emails bring you to our website and how you use the site.
We prohibit Web beacons from being used to collect or access your personal information.
20. Accessing Organization Account Information. We will provide you with the means to ensure that personally identifiable information in your web account file is correct and current. Organizations that maintain active relationships may review this information online from the account profile page of the organization software (website) or by contacting us via our contact form.
21. General. This Agreement, including all Exhibit(s), constitutes the entire agreement between the parties in connection with the subject matter hereof and supersedes all agreements, proposals, representations and other understandings, oral or written, of the Parties and any current or subsequent purchase order(s) provided by Organization. No alteration or modification of this Agreement or any Exhibits shall be valid unless made in writing and signed by an authorized Organization of each Party. The waiver by either Party of a breach of any provision of the Agreement shall not operate or be construed as a waiver of any subsequent breach and any waiver must be in writing and signed by an authorized Organization of the Parties hereto. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. Any notice or other communication required or permitted hereunder shall be given in writing to the other Party at the address stated above, or at such other address as shall be given by either party to the other in writing. Any terms of this
Agreement which by nature extends beyond its termination remain in effect until fulfilled, and apply to respective successors and rightful assignees.
Organization acknowledges their application to become an Organization of Company by checking the box or clicking the “Accept and Continue” button. Again, Organization understands and agrees that this Agreement has no force and effect until Organization is notified by Company of Organization’s acceptance and that Organization’s signature below is strictly to signify that Organization agrees with the provisions of this Agreement and desires to become so bound. FURTHER, BY CHECKING THE BOX OR CLICKING THE "ACCEPT AND CONTINUE" BUTTON, AS APPLICABLE, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, OR BY CONTINUING TO PARTICIPATE IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE, REVISED AGREEMENT, OR REVISED DOCUMENTATION ON CROWN SITE, OR BY EMAIL, OR MAIL, YOU (A) AGREE TO BE BOUND BY THIS AGREEMENT; (B) ACKNOWLEDGE AND AGREE THAT YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT; AND (C) HEREBY REPRESENT AND WARRANT THAT YOU ARE LAWFULLY ABLE TO ENTER INTO CONTRACTS (E.G., YOU ARE NOT A MINOR) AND THAT YOU ARE AND WILL REMAIN IN COMPLIANCE WITH THIS AGREEMENT, INCLUDING THE ORGANIZATION PROGRAM PARTICIPATION REQUIREMENTS. IN ADDITION, IF THIS AGREEMENT IS BEING AGREED TO BY A COMPANY OR OTHER LEGAL ENTITY, THEN THE PERSON AGREEING TO THIS OPERATING AGREEMENT ON BEHALF OF THAT COMPANY OR ENTITY HEREBY REPRESENTS AND WARRANTS THAT HE OR SHE IS AUTHORIZED AND LAWFULLY ABLE TO BIND THAT COMPANY OR ENTITY TO THIS AGREEMENT.
Exhibit A - Territory Schedule
This Exhibit is subject to the Crown Marketing Organization Agreement between Company and Organization, dated as per terms of an active and effective Agreement, and is incorporated by reference to it.
The Organization is authorized to sell Blue Lizard® Fundraising Gift Cards in their area and market Company Products from their applicable digital platforms, which are currently limited to website, email, Facebook, and Twitter.
End of Agreement
Last Updated on: June 6, 2015
PROGRAM TERMS & CONDITIONS
GENERAL
This is the Crown Laboratories, Inc. (“Crown”) Terms and Conditions for its Blue Lizard® Gift Card Fundraising Program (“Agreement”), which governs the terms and conditions of participation in the Blue Lizard® Gift Card Fundraising Program.
a. General Correspondence with Crown.
Crown can be reached by email at: info@crownlaboratories.com.
Crown can be reached by phone at 800.334.4286
Crown can be reached by fax at 423.926.0165
Crown can be reached by US mail at:
Crown Laboratories, Inc. P.O. Box 1425
Johnson City, TN 37605
b. Gift Card Correspondence with Crown.
Email at: promotions@bluelizard.net
By phone: 336-701-2583 during business hours of Monday - Friday, 8am -5pm EST
DEFINED TERMS
The term “company” (or “Company”) refers to Crown. Crown is the maker of all Blue Lizard® Australian Sunscreen products. Additionally, its websites may refer to, or offer, other products, which Crown also manufactures and/or commercializes. Throughout its websites, and this Agreement, the terms “we,” “us” and “our” also refers to Crown.
The term “company products” (or “Company Products”) is defined as any product for which Crown is deemed the maker, which includes (but is not limited to) all Blue Lizard® Australian Sunscreen products; Crown is considered the maker of any dermatology solution offered for sale from the company’s online stores.
The term “organization” (or “Organization”) is defined as a citizen of the United States who is at least 18 years of age, publisher or business entity located within the United States, which Crown approves to engage in the Crown Blue Lizard® Gift Card Fundraising Program, to sell Gift Cards for the Company’s website. Throughout this Agreement, the terms “you” and “your” refer to the “organization” (or “Organization”).
The term “program” (or “Program”) is defined as any Crown Blue Lizard® Gift Card Fundraising Program that Crown offers to organizations as part of Crown Services.
The term “active relationship” (or “Active relationship”) is defined as a business relationship, bound by the terms of an active and effective Agreement, between the Company and an Organization, where the Company and the Organization abide by the terms and conditions of their Agreement.
The term “Party” is defined as the Organization or the Company (collectively referred to as the “Parties”).
PRIVACY
Please review our Crown Privacy [add link] policy, which also governs your use of Crown Services, to understand our practices.
ELECTRONIC COMMUNICATIONS
When you use any Crown service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you by e-mail or by posting notices from its websites or through the other means. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT
All content included in, or made available through, any Crown service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of Crown or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Crown service is the exclusive property of Crown and protected by U.S. and international copyright laws.
TRADEMARKS
Click here [add link] to see a non-exhaustive list of trademarks. In addition, graphics, logos, page headers, button icons, scripts, and service names included, in or made available through, any Crown service are trademarks or trade dress of Crown in the U.S. and other countries. Crown’s trademarks and trade dress may not be used in connection with any product or service that is not Crown's, in any manner that is likely to cause confusion to anyone who encounters such a misuse, or in any manner that disparages or discredits Crown. All other trademarks not owned by Crown that appear on any Crown Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Crown.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE BLUE LIZARD® GIFT CARD FUNDRAISING PROGRAM AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE CROWN SERVICES ARE PROVIDED BY CROWN AND THEIR DESIGNATED THIRD PARTIES ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. CROWN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE CROWN MARKETING ORGANIZATION SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE CROWN SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE CROWN SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CROWN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CROWN DOES NOT WARRANT THAT THE CROWN SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE CROWN SERVICES, CROWN OR DESIGNATED THIRD-PARTY SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM CROWN SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CROWN WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY CROWN SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY CROWN SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
DISPUTES
Any dispute or claim relating in any way to your use of any Crown Services, or to any products or services sold or distributed by Crown will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to [INSERT CROWN INFORMATION HERE]. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 800-778- 7879 (General Customer Support). Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $1,000 unless the arbitrator determines the claims are frivolous. Likewise, Crown will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
APPLICABLE LAW
By using any Crown Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Tennessee, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you (“you” being the same as Organization) and Crown.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, including (but not limited to) our Privacy policy, posted on Crown sites. These policies also govern your use of Crown Services. We reserve the right to make changes to our site, policies, Service Terms, and this Agreement at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
OUR ADDRESS
Crown Laboratories, Inc.
P.O. Box 1425
Johnson City, TN 37605
http://www.crownlaboratories.com
https://bluelizardsunscreen.com/
How to Serve a Subpoena
If you have a subpoena to serve on Crown, please note that Crown does not accept service via e-mail or fax and will not respond to the subpoena. All subpoenas must be properly served on Crown, by mailing the subpoena to Crown’s mail address:
Crown Laboratories, Inc.
P.O. Box 1425
Johnson City, TN 37605
Attn: Legal Department - Subpoena
Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request. That information should include Organization’s name, e-mail, and physical address.
AGREEMENT TERMS
Whereas Company desires to engage Crown Blue Lizard® Gift Card Fundraising Program to market the products of Company, and Organization desires to engage in such services, Party desire to define the terms and conditions applicable to Organizations performance of such services. Company and Organization agree as follows:
1. Length of Agreement. The Parties agree this Agreement will take effect when the Company notifies the Organization of their acceptance into the program and the Agreement remains in effect until otherwise terminated by either Party.
2. Enrollment. The Parties acknowledge and agree to the following:
A. The Organization desires to enroll in the Crown Marketing Blue Lizard® Fundraising Gift Card Program to sell Gift Cards.
B. The Organization understands and agrees that this Agreement has no force until approved and accepted by the Company.
C. The Organization understands and agrees that Company may reject Organizations enrollment for any or no reason and that Company is not obligated in any fashion to provide a rejection reason to the Organization.
D. Organization understands that Organizations relationship with Company, should Company accept Organization, is non-exclusive in nature and that Company may engage other such Crown Marketing Organizations at Company’s sole discretion.
E. Organization must submit a complete and accurate Program application. Company shall review Organization application and shall provide notice to Organization of Company’s decision to accept or reject Organizations application. Company may reject Organization application for any reason including if Company determines that Organization is unsuitable. Unsuitable Organization include those that:
(i) promote or contain sexually explicit materials;
(ii) promote violence or contain violent materials;
(iii) promote or contain libelous or defamatory materials;
(iv) promote discrimination, or employ discriminatory practices, based on race, sex, religion, nationality, disability, sexual orientation, or age;
(v) promote or undertake illegal activities;
(vi) are directed toward children under 13 years of age, as defined by the Children’s Online Privacy Protection Act (15 U.S.C. §§ 6501-6506) and any regulations promulgated thereunder;
(vii) include any trademark of Crown including (but not limited to) Crown trademarks for Blue Lizard™ Australian Sunscreen, or a variant or misspelling of a trademark of Crown, Crown Products, or Crown Services, in any domain name, subdomain name, or in any username, group name, or other identifier on any social networking site; or otherwise violate intellectual property rights.
F. Organization will ensure that the information in Organizations application for enrollment in the Program, and information otherwise associated with Organizations account, including Organizations contact information and disclosure of Organizations online presence (including any websites, email addresses, and social media accounts), is at all times complete, accurate, and up-to- date. Company may send communications relating to the Program or this Agreement to the email address then-currently associated with Organizations account, and Organization will be deemed to have received all communications sent to said email address.
3. Responsibilities of Organization. Organization shall satisfy the following responsibilities at all times during the term of this Agreement:
A. Organization shall use best efforts to provide services, in a manner consistent with the standards generally observed by a professional in the industry to which such services performed can be classified, in accordance with the terms and conditions set forth in this agreement.
B. Organization shall exhibit and conduct behavior in a manner consistent with the high image, reputation and credibility of Company and Company Products, and shall engage in no activities that reflect adversely on Company or Products.
C. Organization shall not represent to any other party that Organization is a sales representative of Company or that Organization has any authority to bind the Company in any fashion. While Organization may make simple endorsements of Company Products, Organization shall not make any factual assertions or other representations regarding Company Products.
D. Organization shall strictly follow the guidelines as provided by the Company as to the marketing of Company Products. Company will provide basic promotional materials to Organization at no cost to Organization. Organization shall use materials provided, and Organization may not modify these materials in any fashion without express, written consent from Company. Organization shall at all times honor the trade names, trademarks, and copyrights that exist in these materials.
E. If Organization has a website, Organization may link to Company’s website via Internet link methods or by email. Organization may endorse Company Products on Organization’s website or in an email. Organization agrees not to advertise Company Products on websites that promote sexually explicit material, violence, pirated materials, or sites that promote discrimination based on race, sex, religion, national origin, or physical disability or sites that promote illegal activities. Organization may only include a Company Internet link in email that has been “opted-in” by the end recipient; Organization shall not send Company Internet links through any form of bulk mail or in a manner that violates the CAN-SPAM Act of 2003).
F. Organization will comply with all applicable federal, state, local laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions, and other requirements of any governmental authority that has jurisdiction over Organization, including those that govern marketing email, including but not limited to the CAN-SPAM Act of 2003, in performance of Organizations duties under this Agreement and in connection with Organizations participation in the Program.
4. Scope and Limitations of Organizations Authority. The Parties agree as follows with regards to the scope and limitations of Organizations authority under this Agreement:
A. Organizations may sell Blue Lizard® Fundraising Gift Cards within their business and acceptable social media platforms designated on Exhibit A (“Territory"). Organization shall not market Company Products in any other business or social media platforms, without prior consent of Company. Company may, from time to time and at its sole discretion, change the scope of the Territory. In any such instance, Company shall issue a new Exhibit A to Organization reflecting such change, which shall, as of the effective date stated thereon, supersede the prior Exhibit A. Organization acknowledges and agrees that it neither has, nor will acquire, any vested or proprietary right or interest with respect to the Organizations business, any Company customers in the Organizations business, or any Company customer lists. Organization further acknowledges and agrees that any goodwill accruing in the Business during the term of this Agreement with respect to Company or Company Products shall be considered the property of Company rather than Organization.
B. Organization has no authority to solicit or accept orders on behalf of Company. Organization shall have no right or authority to obligate Company to sell Products to any party.
C. Organization shall have no authority to discuss or modify any prices, credit terms, sales programs or other terms or conditions related to the sale of Company Products; authorize any customer to return Products to Company for credit; or obligate or bind Company in any other manner. Organization shall have no authority to receive payments or otherwise make collections from any party on Company’s behalf.
D. Without prior, express, written approval from Company, Organizations shall not use paid search or branded/trademarked terms belonging to Company. Company may, at any time, check for such practices and may immediately remove from the Program any Organization if Company believes said Organization has engaged in such practices without express, written approval of Company.
E. Organization shall not engage in any unfair trade practices with respect to Company or Company Products and shall not make false or misleading representations with respect to Company or Company Products. Organization shall refrain from communicating any information with respect to guarantees or warranties regarding Company Products, except such as are expressly authorized by Company or are set forth in Company's literature or other promotional materials.
6. Ownership of Work Product, Employees, Warranty and Indemnification. The Parties agree that all intellectual property rights in any ideas, modifications to Company materials, and other deliverables that result from the services performed by Organization pursuant to this Agreement (“Work Product”) are considered to be a “work for hire” and therefore ownership of any such rights shall be exclusively vested in and/or automatically assigned to Company. Organization agrees to promptly execute any documents necessary for Company to perfect its rights in such Work Product. Additionally, Organization warrants that the Work Product shall be original, that Organization has the right to assign ownership of any/all intellectual property rights in such Work Product to Company, and that Organization will perform all services in a good, professional, and workmanlike manner, in accordance with industry standards. Organization agrees that it will ensure that its employees performing work under this Agreement comply with this Agreement, including, but not limited to, having such employees sign documents assigning intellectual property rights to Company to the extent Organization is required such rights to Company. Organization hereby agrees to indemnify Company for any liability that Company may incur as a result of Organization’s breach of a warranty listed in this section. The terms of this Section shall survive the termination and/or expiration of this Agreement. Organization’s obligations pursuant to this section shall survive the termination/expiration of this Agreement.
7. Taxes. Organization shall be responsible for payment of all employment and income taxes relating to Organization’s services under this Agreement. Should Company have to make any such payment of employment and income taxes on behalf of Organization, Organization shall repay such amounts to Company including any interest and penalties assessed to Company.
8. Limitation of Liability and Exclusion of Certain Remedies. Organization understands that Company provides the programs offered under this Agreement on an “as-is” basis and makes no warranty with regards to these programs and their effect on Organization’s income and business. In no event shall Company be liable to Organization for consequential, special, incidental, or punitive damages (including, but not limited to, legal costs and fees) from any claim asserted against Company or by any third party through any party to this Agreement. The terms and provisions of this section shall survive the termination and/or expiration of this Agreement.
9. Confidentiality. During the period in which Organization is providing services for Company and indefinitely thereafter, Organization shall keep secret and retain in strictest confidence, and shall not, without the prior consent of Company, furnish, make available or disclose to any third party or use for the benefit of itself (except as necessary to fulfill the purposes of this Agreement and/or a Services Schedule(s) attached hereto) or any third party, any Confidential Information of Company. As used herein, “Confidential Information” shall mean any information relating to business or affairs of Company, including but not limited to, the Company, Company Products, Work Product, information relating to financial statements, business strategies and plans, customer identities, customer accounts, potential customers, employees, suppliers, servicing methods, equipment, programs, style and design strategies and information, analyses, profit margins, or other proprietary information used by Company in connection with its business. If Organization is an entity, it will make sure that the Confidential Information is disclosed only to those of its employees whose functions require that they obtain access to the Confidential Information to carry out the purpose of this Agreement, that have been informed of the confidential nature and obligations of Organization with respect to the Confidential Information and who are subject to a general written agreement committing such employees to conduct that would not violate Organization’s obligations listed in this Section with respect to such Confidential Information if such conduct was committed by Organization. Organization’s obligations pursuant to this section shall survive the termination of this Agreement.
10. Non-Competition. Competitor, for purposes of this Section, shall mean any direct competitor of Company operating in a similar manner and venue. During the term of this Agreement, Organization agrees not to provide nor assist anyone and/or any entity(ies) in providing, the same and/or substantially similar services to a competitor of Company. For a period of 2 years after the termination of this Agreement, Organization understands and agrees that Organization shall not induce any customers of Company, whether directly or indirectly through use of third parties such as employers and agents, to leave Company’s business. Any such act by Organization shall subject Organization and any such third parties to civil and possible civil liability.
12. Termination. Organizations accept that a company can cancel the active relationship between themselves and the organization at any time. Upon such notice of termination, Organization shall immediately cease working and return to Company all Work Product, Company promotional materials, and any Confidential Information in Organization’s possession (“Termination Obligations”) and certify to Company, in writing, that it has performed its Termination Obligations. Organization’s obligations pursuant to this Section shall survive the termination/expiration of this Agreement and any/all Services Schedules.
13. Solicitation. During the term for this Agreement and for a period of two (2) years after termination of this Agreement, Organization shall not hire, solicit, or induce or assist any third party in soliciting or inducing any employee, contractor, or other organizations of Company to leave his or her employ or cease providing services to Company, as applicable.
14. No Other Relationship or Interest. The Parties agree that this Agreement does not create any other relationship or legal interest between the Parties, including, but not limited to, employer/employee relationship, license, title, guarantee of work, or right to use any Confidential Information, except as specified by this Agreement.
15. Arbitration. In the event the Parties cannot amicably resolve a dispute or damage claim resulting from this Agreement, the Parties agree to resolve any such dispute or damage claim by arbitration. The arbitration proceeding shall be conducted [Crown’s existing relationship with arbitration services], in accordance with the rules of the American Arbitration Association then in effect with one (1) arbitrator to be selected by mutual agreement of the parties. If the Parties cannot agree on an arbitrator, then the American Arbitration Association shall select an arbitrator from the National Panel of Arbitrators. The laws of the State of Tennessee shall apply to the arbitration proceedings. The Parties agree that the arbitrator cannot award punitive damages to either party and agree to be bound by the arbitrator’s findings. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction.
16. Disputes and Governing Law. The laws of the State of Tennessee in the United States without regard to any conflict of law principles govern this Agreement. No action, arising out of the transactions under this Agreement may be brought by either party more than one year after the cause of action has accrued.
17. Limitations on Assignment. Organization may not assign, transfer or sell all or any of its rights under this Agreement or delegate all or any of its obligations hereunder, without the prior written consent of Company. Company may assign this Agreement to a parent, subsidiary or organizational firm or to another entity in connection with the sale or other transfer of all or substantially all of its business assets. Subject to these restrictions, the provisions of this Agreement shall be binding upon and shall inure to the benefit of the parties, their successors and permitted assigns.
18. Personal Information Provided By Organizations
Any visitor to our websites can register to receive personalized services and communications. When visitors register, we will request some personal information such as (but not limited to) name, email, and other relevant information.
Organizations and visitors may also be asked to disclose personal information to Company so that we can provide assistance and information as a service to you. For example, such data may be warranted in order to provide online technical support and troubleshooting.
If you submit information such as (but not limited to) your email address in order to access content, enter competitions, etc., we reserve the right to add you onto our general marketing mailing list.
You can opt out of our emails any time with a single click and we will never sell your information to 3rd parties.
We will not disclose personally identifiable information we collect from you to third parties without your permission except to the extent necessary including (but not limited to):
• To fulfill your service requests for services
• To protect ourselves from liability
• To respond to legal process or comply with law
• In connection with a merger, acquisition, or liquidation of the company
We will never share your email address or other contact information with other companies, except to enable fulfillment of specific requests you have made.
19. Use Of Web Beacons.
Company email communications may contain electronic images known as Web beacons, in order to determine whether messages have been opened and acted upon. Some of these Web beacons may be placed by third party service providers to help determine the effectiveness of our advertising campaigns or email communications.
These Web beacons may be used by these service providers to place a persistent cookie on your computer. This allows the service provider to recognize your computer each time you visit certain pages or emails and compile anonymous information in relation to those page views, which in turn enables us and our service providers to learn which advertisements and emails bring you to our website and how you use the site.
We prohibit Web beacons from being used to collect or access your personal information.
20. Accessing Organization Account Information. We will provide you with the means to ensure that personally identifiable information in your web account file is correct and current. Organizations that maintain active relationships may review this information online from the account profile page of the organization software (website) or by contacting us via our contact form.
21. General. This Agreement, including all Exhibit(s), constitutes the entire agreement between the parties in connection with the subject matter hereof and supersedes all agreements, proposals, representations and other understandings, oral or written, of the Parties and any current or subsequent purchase order(s) provided by Organization. No alteration or modification of this Agreement or any Exhibits shall be valid unless made in writing and signed by an authorized Organization of each Party. The waiver by either Party of a breach of any provision of the Agreement shall not operate or be construed as a waiver of any subsequent breach and any waiver must be in writing and signed by an authorized Organization of the Parties hereto. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. Any notice or other communication required or permitted hereunder shall be given in writing to the other Party at the address stated above, or at such other address as shall be given by either party to the other in writing. Any terms of this
Agreement which by nature extends beyond its termination remain in effect until fulfilled, and apply to respective successors and rightful assignees.
Organization acknowledges their application to become an Organization of Company by checking the box or clicking the “Accept and Continue” button. Again, Organization understands and agrees that this Agreement has no force and effect until Organization is notified by Company of Organization’s acceptance and that Organization’s signature below is strictly to signify that Organization agrees with the provisions of this Agreement and desires to become so bound. FURTHER, BY CHECKING THE BOX OR CLICKING THE "ACCEPT AND CONTINUE" BUTTON, AS APPLICABLE, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, OR BY CONTINUING TO PARTICIPATE IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE, REVISED AGREEMENT, OR REVISED DOCUMENTATION ON CROWN SITE, OR BY EMAIL, OR MAIL, YOU (A) AGREE TO BE BOUND BY THIS AGREEMENT; (B) ACKNOWLEDGE AND AGREE THAT YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT; AND (C) HEREBY REPRESENT AND WARRANT THAT YOU ARE LAWFULLY ABLE TO ENTER INTO CONTRACTS (E.G., YOU ARE NOT A MINOR) AND THAT YOU ARE AND WILL REMAIN IN COMPLIANCE WITH THIS AGREEMENT, INCLUDING THE ORGANIZATION PROGRAM PARTICIPATION REQUIREMENTS. IN ADDITION, IF THIS AGREEMENT IS BEING AGREED TO BY A COMPANY OR OTHER LEGAL ENTITY, THEN THE PERSON AGREEING TO THIS OPERATING AGREEMENT ON BEHALF OF THAT COMPANY OR ENTITY HEREBY REPRESENTS AND WARRANTS THAT HE OR SHE IS AUTHORIZED AND LAWFULLY ABLE TO BIND THAT COMPANY OR ENTITY TO THIS AGREEMENT.
Exhibit A - Territory Schedule
This Exhibit is subject to the Crown Marketing Organization Agreement between Company and Organization, dated as per terms of an active and effective Agreement, and is incorporated by reference to it.
The Organization is authorized to sell Blue Lizard® Fundraising Gift Cards in their area and market Company Products from their applicable digital platforms, which are currently limited to website, email, Facebook, and Twitter.
End of Agreement
Last Updated on: June 6, 2015