My business (“Company”) hereby grants to Local Date Night LLC, D.B.A. Local Savings Pass ("Local Savings Pass") the right to advertise promotion(s) submitted to Local Savings Pass on website, email marketing, and/or social media platforms. Company agrees to grant a promotion/offer to Local Savings Pass Members that are in good standing with their memberships. Members will show they are in good standing by showing an active digital savings pass to a representative from the Company. At that time, the representative of the Company or customer will click the redeem button to redeem the offer. After an offer has been redeemed it is no longer available in that customers account for one year. Local Savings Pass will not charge Company to be included, however, our membership partners like a Chamber of Commerce may change a fee or it may be included in Chamber membership.
Upon the conditions and covenants following:
1. Local Savings Pass the right to advertise the special submitted for a period of one year, beginning on the date of this agreement. At the end of one year, this agreement will be automatically renewed monthly until one of the parties hereto has notified the other party in writing that it does not wish to renew this agreement or Company is no longer in good standing with their Chamber/C&C or Local Savings Pass contract has ended with your partnering community. Company may no longer be in good standing if they have not paid their Chamber/C&C membership or have unpaid dues. If your local Chamber/C&C/CVB is sponsoring the pass and they choose not to renew their contract with Local Savings Pass, all offers will be removed. If you wish to remove your offer at any time, please allow 5 business days from date of being notified for Local Savings Pass to remove offer. Company agrees to continue to offer savings for 5 days from date of notifications to allow time for removal of offer. If you wish to change your offer, you will do so on the same page you submit your original offer.
2. Company gives Local Savings Pass permission to use Company logo and photo(s) provided on website, social media posts, newsletter and/or other marketing materials to promote company.
3. Company agrees any photos or logos submitted to Local Savings Pass are owned by Company and releases Local Savings Pass from any copy-write claims made my Company or any third party.
4. Nothing in this Agreement is intended to or shall be deemed to constitute a partnership, joint venture, or agency relationship between the parties. In no event shall this Agreement be construed as an approval, guarantee, representation or endorsement by Local Savings Pass of Company or Company’s products or services. All purchases of products or services will constitute direct agreements between the Local Savings Pass member and Company. Local Savings Pass will not be involved in the purchasing process or be responsible for any problems, litigation, injuries, and so forth that may arise from a member’s purchase.
5. Indemnification. To the extent allowed under applicable law, Company agrees to defend, indemnify and hold Local Savings Pass, its affiliated and related entities, and any of its agents and employees, harmless from and against any claims, lawsuits, investigations, penalties, damages, losses or expenses (including but not limited to reasonable attorneys’ fees and costs) arising out of or relating to any of the following: (a) any breach or alleged breach by Company of this Agreement, or the representations and warranties made in this Agreement; (b) any claim arising out of a violation of any law or regulation by Company or governing Company’s goods and/or services; (c) any claim by a purchaser or anyone else arising out of or relating to the goods and services provided by Company and/or pick up of the goods and services at the Redemption Site, including but not limited to, any claims for false advertising, product defects, personal injury, death, or property damages; (d) any claim arising out of Company’s negligence, fraud or willful misconduct; Local Savings Pass maintains the right to control its own defense and to choose and appoint its own defense counsel, regardless of the presence or absence of a conflict of interest between Local Savings Pass and Company. Company’s duty to defend and indemnify Local Savings Pass includes the duty to pay Local Savings Pass’s reasonable attorneys’ fees and costs, including any expert fees.
6. Local Savings Pass reserves the right to change or modify these Offer Program Terms from time to time by posting such modified version on this website. Upon modification, Local Savings Pass will update the date indicated after “Last Modified” at the beginning of these Offer Program Terms. If you do not agree with the current or a modified version of these Offer Program Terms, you must not participate in the Local Savings Pass Program. Your participation in the Local Savings Pass Program following these changes means you accept the revised Offers Program Terms.
7. The validity, interpretation, and performance of this agreement shall be controlled by and construed under the laws of the State of Virginia.
