I. Merchant/Business Participation

Your business may participate in the School Coupons^® Fundraising Program by offering in-book discounts and/or promotions in the form of coupons, or discounts upon presentation of School Coupons discount cards, if your application is accepted for inclusion, and subject to the following terms and conditions:

By submitting an application, the person, firm, or corporation, hereinafter referred to as “merchant,” hereby agrees to and submits to the following:

The merchant agrees to participate in the program by offering discounts, awards, or other promotional incentives as indicated on the Merchant Participation Application or Merchant Participation Insertion Order. Said discounts, awards, or other promotional incentives shall be, if an application is accepted, presented, marketed, and sold as coupon(s) and/or discount cards by Feredonna Communications and/or its’ clients, and merchant further agrees to honor any and all coupons and/or cards properly presented per the terms of redemption stated on coupon(s) and by this agreement.

The merchant understands that Feredonna Communications may at its sole discretion, and without further notice reject or not accept any application or order, and the acceptance or rejection of any application or order is at the sole discretion of Feredonna Communications.

The merchant understands that an indeterminate number of coupon(s) and/or cards shall be produced, and Feredonna Communications makes no representation as to how many coupon(s) and/or cards will be produced or sold.

The merchant understands that, if accepted, the merchant’s name may be used in advertising and promoting the program, and merchant hereby agrees to said use and further agrees to hold all parties harmless from any errors or omissions.

Feredonna Communications will, at Feredonna Communications’ expense, perform all necessary production and design of the coupon(s) and/or cards as required to comply with Feredonna Communications’ standard format, and further will prepare and submit to merchant a Proof, by United States mail, facsimile, or in person, of said coupon(s) for approval (Proofs are not provided on cards). In the event that merchant’s application or order is received after the closing date stated on the application, merchant hereby waives right to Proof, which may or may not be provided at Feredonna’s sole discretion. In the event merchant fails to return said Proof within the time allotted and indicated on the Proof, for any reason, Feredonna may produce coupon(s) as represented by the Proof.

In the event merchant cancels or elects to not participate after submitting an application but prior to Feredonna Communications’ submission of artwork for publication, merchant agrees to pay a production and cancellation fee of one hundred dollars per coupon(s) and/or application cancelled. Merchant may not under any circumstances, vacate or cancel this agreement after Feredonna Communications’ submission of artwork for publication. Feredonna Communications shall have the right to seek injunctive relief to remedy any default under this agreement by merchant with any and all costs becoming the responsibility of merchant. Any substantial detrimental change in the merchant’s offer(s) after submitting the application, may be deemed by Feredonna Communications as a cancellation of the previous offer and subject to terms of cancellation as stated herein. Merchant understands and acknowledges that the term of agreements for participation in My School Coupons Regional/National Programs (coupon books and cards) is perpetual, automatically renewing for additional one year periods upon the anniversary date of this agreement, and will continue in force until: a) terminated by Feredonna Communications at its sole discretion; or b) not renewed by the merchant, with said notice of nonrenewal being sent by certified mail to Feredonna Communications at the address provided. Any coupons and/or cards or offers produced prior to either the termination or nonrenewal of this agreement shall continued to be honored by merchant as provided for herein. The Term of agreements for participation in Local School Coupon Programs vary and is stated in the application.

Merchant hereby authorizes Feredonna Communications to use merchant’s name, trademark, logo, service mark, or other copyrighted material as required, and merchant further warrants that merchant has the authority to grant said use.

Merchant hereby waives any right, title, fee, or other claim of a monetary nature against Feredonna Communications, its parent or affiliates, employees, vendors, subcontractors, and clients.

The merchant agrees to properly and prominently display participating merchant identification as provided to merchant by Feredonna Communications at each participating location until said coupon(s) and/or cards expires.

Jurisdiction and venue for any litigation arising from this agreement shall properly lie in Knox County, Tennessee. Any resulting attorney’s fees or other costs of collection incurred by Feredonna Communications shall be added to and become part of any judgement.

The person submitting an application and entering into this agreement hereby warrants and represents that he/she has full and complete authority to do so on behalf of merchant. If application indicates participation by more than one location, the person signing represents and warrants that he/she has the authority to enter into this agreement on behalf of all merchant locations indicated.

Any transfer or change in the ownership or management of the merchant shall in no way affect the merchant’s responsibilities under this agreement. Merchant agrees to notify Feredonna Communications in writing of any transfer, including new or anticipated changes in ownership, contact person(s), and/or address.

Merchant further agrees to indemnify and hold harmless Feredonna Communications, its parent or affiliates, employees, vendors, subcontractors, and clients from any and all claims, loss, liability, or expense arising from this agreement and/or arising from any products or services offered and/or provided or sold.

Should the merchant elect to participate as a program sponsor through the Star Merchant™ Program or other sponsorship, by donating cash, products, or services, these donations must be in a form easily transferred, and must be received prior to publication. Said donations may not require any additional purchase or participation. Feredonna Communications, at its sole discretion, may establish minimum levels or multiple levels of participation requiring minimum or varying amounts of donations. In the event that merchant’s donations may be in the form of a gift certificate, Feredonna Communications may provide or make available to merchant a gift certificate form suitable for use, should merchant not readily have said form(s) available. Agreement to participate in the Star Merchant™ Program does not guarantee acceptance of the application. *Participation as a Corporate Patron, requiring payment of a cash fee, does assure a specific level of inclusion and recognition, subject to all terms and conditions and Feredonna Communications’ acceptance. If inclusion cannot be granted by Feredonna Communications, merchant shall receive a full refund of any Corporate Patron fees previously paid to Feredonna Communications for said ungranted participation, and with no further recourse.

Merchant’s signature on the application, order, or on the Proof(s) acknowledges receipt and acceptance of these terms and conditions. This constitutes the entire agreement, and no other representations, oral or written shall be binding upon Feredonna Communications. Use by Feredonna Communications constitutes acceptance of the application and this agreement.

Orders for insertion of coupon(s) or paid card placement are invoiced and become fully due and payable upon first publication. All accounts not paid within terms shall incur a late fee of 2% per month until paid in full. In the event merchant defaults in payments due, merchant shall be totally liable for all fees and sums of collection, including but not limited to reasonable attorney’s fees and court costs incurred by Feredonna Communications.

No conditions, oral or printed in the Application or Order, copy instructions, or elsewhere, which conflict with program or contract policies are binding on Feredonna Communications.

II. Schools/Groups Participation

Participating Schools, School Districts, or groups hereinafter referred to as “SCHOOL,” agrees to participate in a coupon book and/or discount card fundraising program and order and purchase coupon books and/or discount cards pursuant to the following terms and conditions:

SCOPE OF PROGRAM

SCHOOL(S) participating in the sale of Coupon Books will receive the following:

1. The number of coupon books ordered packaged 50 or 100 books per carton.
2. One program sales brochure per coupon book ordered or participating student enrolled, whichever is less.
3. Staff and student sales incentives.
4. Sales and Training Guide.

SCHOOL(S) participating in the sale of Discount Cards will receive the following:

1. The number of discount cards ordered, bulk packed.
2. Staff and student sales incentives.
3. Sales and Training Guide.

COUPON BOOK AND DISCOUNT CARD SPECIFICATIONS

Upon request, a representative sample will be provided prior to placing an order. Said sample may be from a prior year or another geographic area. (All School Coupons products and product design, format, and other materials are protected by copyright.)

DELIVERY

Feredonna Communications will effect delivery of books and/or discount cards and any other program material prior to the commencement of the sale to the delivery location specified by the SCHOOL.

SCHEDULE OF SALE

Most system-wide and market area programs have pre-determined beginning and ending dates. In these cases, the SCHOOL acknowledges that no books or discount cards will be released or offered for sale prior to the beginning date, and that any violation may result in the SCHOOL forfeiting the opportunity to participate in future fundraising programs. The parties may elect to extend the selling period by mutual consent. (If SCHOOL desires a later selling period, please contact Feredonna Communications before submitting this order.) My School Coupons programs do not have a pre-determined schedule of sale, however, the SCHOOL will have thirty (30) days from receipt of order to conduct the sale.

PAYMENTS

The SCHOOL agrees to pay to Feredonna Communications for each book and/or discount card sold or not returned by the SCHOOL the amount indicated on the order form within Ten (10) Days of the completion of the sale as provided for in SCHEDULE OF SALE. Feredonna Communications, at its sole discretion, may assess a late fee of five percent per month and withhold the award of any earned incentives on any payments not received within fifteen days of the completion of the sale as provided for in SCHEDULE OF SALE.

TAXES

It is understood by the Parties that the SCHOOL is exempt from all local and state sales taxes and will provide to Feredonna Communications, if required, a certificate of exemption. In any event, the SCHOOL is responsible for any applicable sales taxes.

ADDITIONAL TERMS

Feredonna Communications may elect to assign any or all of this agreement at its option. Jurisdiction and venue governing this agreement shall properly lie in Knox County, Tennessee. Any cost of collection or enforcement of this agreement may be added to the total amount due and become part of any final judgement. This agreement is binding upon acknowledgment and cannot be cancelled by SCHOOL without prior written consent.

ENTIRE AGREEMENT

This agreement constitutes the entire terms and conditions and may only be modified by mutual consent of the parties.