PERX Rewards Business Participation Agreement
Effective Date: This Agreement becomes effective when the Business's authorized
representative electronically signs and submits it to PERX. PERX's receipt of the
signed submission constitutes acceptance, and no separate PERX signature is
required. For this Agreement, the Launch Date means the date PERX Rewards is first
made publicly available for download and use by the general public, which will
occur only after at least 1,000 users have preordered the app.
This Business Participation Agreement ("Agreement") is entered into between PERX
Rewards ("PERX") and the Business identified in this onboarding form. By signing
this Agreement, the person signing on behalf of the Business represents that they
are authorized to enter into this Agreement on the Business's behalf.
Business Information: the Business name, address, representative name, title,
phone, and email are the values submitted in this onboarding form.
1. Participation: The Business agrees to participate in PERX Rewards and
authorizes PERX to list and promote the Business through the PERX mobile
application, website, social media, printed materials, and other promotional
channels.
2. Agreed Offer: The Business authorizes PERX to select a discount amount up to
the maximum submitted by the Business and to set an appropriate minimum purchase
requirement. A discount pass becomes available when an eligible customer enters
and passes through the Business's PERX proximity circle. After a customer claims
a discount, that customer's eligibility resets after 24 hours. PERX has sole and
absolute discretion to determine the final offer terms, provided the discount
does not exceed the maximum submitted by the Business. The Business agrees to
honor the final offer published by PERX beginning on the Launch Date.
3. Participation Term: This Agreement is fully executed when the Business's
authorized representative electronically signs and submits it. The Business's
participation begins on the Launch Date. The initial term begins on the Launch
Date and continues through the end of the twelve (12) consecutive paid months
described in Section 3.1 ("Initial Term"). The Business agrees to remain an active
participant on PERX and honor the agreed offer throughout the Initial Term. After
the Initial Term, this Agreement automatically renews month-to-month unless either
party provides at least 30 days' written notice. If PERX has not publicly launched
within 12 months after this Agreement is signed, either party may cancel this
Agreement by written notice before the Launch Date. Launch is expected only after
at least 1,000 users have preordered the app.
3.1 Fees and Payment: The Business agrees to pay PERX a participation fee of
fifty dollars ($50.00) per month for no fewer than twelve (12) consecutive paid
months beginning on the Launch Date. The first payment is due on the Launch Date,
and each subsequent payment is due monthly in advance. The minimum payment
commitment is twelve (12) payments totaling six hundred dollars ($600.00).
Ending participation before all twelve payments have been made does not eliminate
the Business's obligation to pay the unpaid balance of this minimum commitment
unless PERX agrees otherwise in writing. After the Initial Term, the $50.00
monthly fee continues during any month-to-month renewal until this Agreement is
ended under Section 6.
4. Business Responsibilities: The Business agrees to honor the agreed offer,
maintain accurate business information, notify PERX if its contact information or
offer changes, and comply with applicable laws. The Business grants PERX
a non-exclusive, royalty-free, worldwide right and license to use any and all of
the Business's name, logo, address, website, business hours, photographs approved
by the Business, business description, and social media handles solely to promote
the Business through PERX. The Business confirms it has the authority and rights
needed to grant these rights.
5. PERX Responsibilities: PERX agrees to operate its platform in good faith and
make reasonable efforts to maintain accurate Business information. PERX does not
guarantee customer traffic, sales, revenue, or profits whatsoever.
6. Ending This Agreement: The Business may end this Agreement before the end of
the initial 12-month term only if the Business permanently closes or PERX agrees
in writing. Any notice of termination by the Business must be signed by the
Business owner or an authorized representative with proof of authority upon PERX
request. PERX may immediately remove the Business from the platform if the
Business repeatedly refuses to honor the agreed offer, provides false information,
engages in fraudulent or illegal activity, materially breaches this Agreement, or
in any way harms the business reputation of PERX. Ending participation or removal
from the platform does not waive the Business's minimum payment commitment under
Section 3.1 unless PERX agrees otherwise in writing.
7. Responsibility: Each party is responsible for its own actions. The Business is
responsible for its products, services, pricing, refunds, taxes, customer service,
and compliance with applicable law. PERX is not responsible for disputes between
the Business and its customers.
8. General Terms: This Agreement is governed by the laws of the State of New
York. This Agreement contains the complete agreement between PERX and the
Business regarding participation in PERX Rewards. Any changes to this Agreement
must be agreed to in writing by both parties. If any part of this Agreement is
found to be invalid or unenforceable, the remaining provisions shall remain in
full force and effect.
9. Electronic Execution: This Agreement is fully executed when the Business's
authorized representative electronically signs and submits it. No separate PERX
signature is required. Business activation remains subject to PERX approval, and
launch will not occur until at least 1,000 users have preordered the app.
10. Limitation of Liability: In no event shall PERX's liability under this
Agreement exceed the total amount paid by the Business to PERX during the
twelve (12) months of this Agreement.
11. Waiver of Jury Trial: Each party hereby waives any and all rights it may have
to a jury trial in connection with any dispute arising out of or relating to this
Agreement and/or the business relationship between the Business and PERX.
End of Agreement