This Merchant Agreement (“Agreement”) is made and entered into upon submission of this agreement, accessed at https://www.powerhousefr.com/merchants by and between Powerhouse Fundraising (“Provider”) and the merchant entered as {businessName} ("Merchant") on behalf of any and all participating schools and organizations ("School/Organization") in the applicable areas of the business locations, as listed in form as "Listed Locations."
Agreement expiration date: 11/30/25 (cards may expire earlier)
TERMS AND CONDITIONS
This Agreement is entered into by the parties hereto to facilitate fundraising and promotional efforts on behalf of School/Organization. In exchange for the establishment and maintenance of a discount program on the terms provided below, Merchant shall receive promotional advertising on discount program vehicles which Provider and School/Organization determine to be appropriate for their fundraising or promotional efforts.
In consideration of the aforementioned Recitals and other good and valuable consideration, the sufficiency of which is hereby acknowledged, Provider and Merchant hereby agree as follows:
1. The fundraising/promotional vehicle(s) which School/Organization has selected and for which Merchant shall be held to the terms of is/are hereinafter referred to as “Product.”
2. Any and all promotional discount offers as entered into page 1 of agreement under "Card back offer" and/or "keytag offer" is/are hereby referred to as "Discount." Provider may alter the wording of Discount for purposes of clarity, conservation of printing space, matching aesthetic or consistent design choices, or any other reason that Provider deems necessary, provided that the meaning and value of the promotional discount offers as entered on page 1 of this agreement remains unchanged. Provider is not obligated to use any or all of the promotional discount offers included in the Discount.
3. Merchant agrees to establish and maintain a discount program for School/Organization in the form and manner as described within this agreement via the online form, such program to remain in effect through the printed expiration date on the selected Product, which is not to exceed 1.5 years after Product distribution by School/Organization.
4. Merchant expects School/Organization to use its best efforts to sell the Product selected herein and Provider agrees to establish incentive prize packages to encourage greater efforts by School/Organization.
5. Provider agrees to use its best efforts to ensure that all discounts, trademarks, logos, names and addresses of Merchant, to the extent feasible, are displayed on Product in a clear and attractive fashion; and Merchant hereby grants Provider a limited license to reprint said trademarks, logos, and trade names on the Product contemplated herein and on other promotional literature of Provider, including the Provider’s internet site and its affiliated discount internet site(s), through the expiration of this Agreement.
6. Upon request by Provider, Merchant agrees to use its best efforts to provide desired logo(s) and/or artwork to be used in the layout and production of the product(s) indicated. In the event that the Merchant does not deliver to Provider a logo of acceptable quality, Merchant grants permission to Provider to obtain a recent logo from Merchant’s storefront, website or social media page.
7. Provider acknowledges that there is no set up fee or cost associated with this Agreement and administration thereof, and no exchange of money in any form between Provider and Merchant
8. Provider agrees to pay all expenses associated with the design, printing and production of the Product selected herein, as well as costs of incentive programs and administration of the discount program.
9. Merchant understands that it has the option to enter into the Annual Renewal Plan. As part of the Merchant’s agreement, Merchant understands that the parties may extend this agreement to renew for two, three, four or five years, without the physical or digital signing of another agreement. Merchant will be permitted to modify its discount annually.
10. Provider is responsible for all aspects of the discount being used on MoneyDolly platform, including but not limited to advertising, social media sharing, communication, etc. MoneyDolly is not responsible for tracking or controlling how discounts are used. Provider is to give instructions to all users and expects all users to follow accordingly. Provider and Merchant will work together on any issues that may arise.
11. MoneyDolly, LLC may contract national merchants. Providers can refer national merchants to MoneyDolly, LLC. Provider will be held liable for any issues, lawsuits, etc that may arise for local and/or national merchants that the Provider signs and acknowledges that MoneyDolly, LLC is NOT responsible/liable for said issues.
ADDITIONAL TERMS
Merchant hereby acknowledges that it has carefully read this Agreement and understands all of the terms and conditions set forth herein and agrees to be bound by them. Merchant agrees that this Agreement shall remain in full force and effect notwithstanding a change in Merchant’s business form or any other transfer of ownership or management in Merchant’s business. Merchant further hereby agrees to carry general liability insurance and to hold harmless and indemnify School/Organization, Provider and MoneyDolly from any liability associated with a patron on Merchant’s premises as a result of the use of Providers’s Product. All parties further agree that, in the event that attorney’s fees are incurred in a dispute hereunder, the prevailing party in such dispute shall be entities to the recovery of attorney’s fees. If any provision of this Agreement is deemed unenforceable, all other provisions herein shall remain in full force and effect to the extent practicable.
ELECTRONIC SIGNATURES
The term "electronic signature" means any electronic symbol or process associated with this Agreement, made by, executed or adopted by a person with the intent to sign the record, in accordance with the provisions of applicable local, state, federal, or international law governing electronic signatures. This Agreement and any documents to be exchanged between the parties may be executed and delivered in electronic form. Merchant agrees that the electronic signatures, whether digital or encrypted, of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Merchant hereby waive any rights they may have to object to the form of execution by digital or electronic means. Each party agrees that any data, documents, and communications exchanged under this Agreement may be transmitted or communicated electronically and that such electronic communications shall be as legally binding as if in written paper form, provided they are kept in the form of verifiable records that accurately reflect the information in the communication, and remain accessible for later reference.