Terms And Conditions
- Gulsy has represented that it maintains a club website at www.Gulsy.com and that the combines social networking, and opportunities for buying and selling products and services. Membership is free to all members, including Discounters.
- Discounter desires to participate in the Gulsy discount programs to club members. Discounter is already a member of Gulsy prior to entering into this Agreement and therefore already has its site on Gulsy.
- NOW, THEREFORE, in consideration of the mutual covenants, representations and warranties contained in this Agreement, the parties agree as follows:
- The Gulsy membership discount program works as follows: the Discounter is listed on the appropriate section of the website. As an existing member, Discounter has its own membership number. After this Agreement is approved, Discounter makes its discount offer to the other Gulsy members on the Discounter member's site. Discounter's listing of a discount offer will include the name, address, phone number of the business and the discount from your product or service that you desire to publish that day. No fee is paid to Gulsy to post the discount. Payment for the discount display is based upon the actual number of Gulsy members who became customers and bought something from your business the prior month. The amount Discounter pays Gulsy is a flat amount per customer, depending upon the type of business.
- The amount Discounter will pay Gulsy per member customer will be #amount# payable by the 15th of the following month. Payment by Discounter to Gulsy shall be to a bank account designated by Gulsy. Discounter must offer Gulsy members 5% or more discount on the product or services offered by Discounter as an incentive to attract Gulsy customers.
- Discounter is free to choose what products or services as to which a discount will apply.
- Business agrees to use the site page to mark the client based upon the Gulsy member number. A Gulsy member will state when member is paying the bill or invoice, "I'm Ron of Gulsy, number 10,000." The business can then key in that number and register the member-customer for that purchase.
- Other terms and conditions are listed below.
- Gulsy REPRESENTATIONS: Gulsy will:
- Maintain a website within which Discounter has its own secure site in which it can adjust the discount in the appropriate section of the site.
- Maintain free of charge membership in Gulsy for members, only points charged for each visit to a member business.
- Maintain Discounter membership free of charge -so that neither Discounter nor members at large have an ongoing membership expense.
- Verify member purchases so that no unauthorized use of member numbers occurs (Ex. as when someone uses another member number, points are restored if the member did not purchase anything at Discounter).
- The Gulsy representative who approves this Agreement has the authority to approve the Agreement.
- Discounter Representations:
- Discounter is in a legal business and by becoming a member represents that it will not violate the terms and conditions of Gulsy contained on the Gulsy website.
- The person who signs this Agreement has the authority to sign.
- STANDARD CONTRACT TERMS:
- Breach of Agreement and Termination
- Termination for Cause:
- Nonpayment of Amounts Due: If Discounter fails to make payment by the 15th of the following month after being billed, this agreement shall terminate as of the 1st of the month after being billed. After that, Discounter's account will be held in suspense until one additional month. At the end of that additional month, Discounter's agreement with Gulsy will terminate. In that event, the Discounter will not be able to rejoin until a year after the default in payment, and will only be able to re-join upon paying all amounts that Discounter is in arrears.
- Discounter fails to comply with the terms, conditions, requirements, agreements or covenants in this Agreement and such failure continues uncured for a period of 30 days after written notice is provided to it by Gulsy.
- Gulsy fails to provide the web advertising for a period of one month or more after the advertising is first placed, the agreement shall be considered terminated and Discounter shall have no duty to pay for the previous month. This condition is not breached by the failure of Gulsy members to become customers of Discounter, since that is out of the control of Gulsy.
- Either Party shall have the right to terminate this Agreement upon written notice to the other Party or at any time. Any accrued financial obligations of Discounter shall survive termination.
- This Agreement constitutes the entire agreement between the parties on the subject matter hereof and it shall not be amended, altered or changed except by a further writing signed by the parties hereto and may not be contradicted by evidence of any prior or contemporaneous oral agreement.
- Service of all notices under this Agreement shall be sufficient if given personally or mailed certified, return receipt requested, postage prepaid, at the address hereinafter set forth, or to such address as such party may provide in writing from time to time.
- If to Gulsy:
(Please send a message in the appropriate section of the Gulsy website).
- If to Discounter:
- Email: #email#
- Phone: #phone#
Successors and Assigns.
- Agreement shall extend to and be binding upon, the Discounter's heirs, administrators, executors, successors and assigns.
- Should any provision in this Agreement be or become invalid or unenforceable, the remaining provisions shall be, and shall continue to be, fully effective.
- Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.
- Gulsy and Discounter, by virtue of this contractual relationship, remain independent contractors and neither shall be considered the employee of the other. Gulsy use of Discounter information shall only be to accomplish the advertising goal of Discounter.
- Neither Gulsy nor Discounter shall be liable for the other's tax liability arising out of payments due to this Agreement.
- The Gulsy member who solicits Discounter for participation in this Agreement is not an agent of Gulsy and has no power to bind Gulsy. Gulsy retains the sole power to approve this Agreement and the format of ads within its website.
- If Discounter, by virtue of becoming a member would cause a violation of the Terms and Conditions of the Gulsy website, Gulsy can refuse to approve this Agreement in its sole and absolute discretion.
- Except as insofar as a Party elects to enforce this Agreement by injunctive relief, specific performance, or other equitable relief, all disputes and claims arising out of, or relating to any provision in this Agreement shall be determined and settled by arbitration in Los Angeles, California by an arbitrator selected in accordance with the rules of arbitration of the American Arbitration Association. The award of the arbitrator shall be final and binding upon the Parties provided that the arbitrator(s) provide the Parties with a specific factual description of the basis for their determination.
- Applicable Law
- This Agreement shall for all purposes be governed, construed, interpreted and applied in accordance with the laws of the State of California. Any litigation arising hereunder shall be instituted only in Los Angeles, CA and the Parties agree that venue shall be proper in California for all such legal or equitable proceedings.
- IN WITNESS WHEREOF, the Parties have agreed to and accept the provisions contained herein and hereby execute it voluntarily and with full understanding of its contents.
- Breach of Agreement and Termination