Marketing Service Agreement With Credit Card -[Free] Management-Recordkeeping | Document | Form, Template Doc Pdf

(Last Updated On: October 31, 2022)

Marketing Service Agreement With Credit Card Format Template For Employee, Download Free Doc Pdf File Example

Marketing Service Agreement With Credit Card Word Text Document Format

MARKETING/SERVICE AGREEMENT WITH CREDIT CARD

This Marketing Agreement (the “Agreement”) is dated ______________________ (“Effective Date”).

PARTIES

• ___________________ a corporation organized under _____________________ authorized to carry on banking business in India; and having its office at _______________________________________________ (hereinafter referred to as “Credit Card Company “ which expression shall mean and include its successors-in-interest  and permitted assigns)

                                                       AND

• __________________________________ having Registered office at ___________________________________________________ (hereinafter referred to as “The Partner” which expression shall mean and include its successors-in-interest and permitted assigns)
• In this Agreement, Credit Card Company and The Partner are together referred to as the “Parties” or, singularly, as “Party”.

BACKGROUND

1. The _______________________ is an existing merchant of Credit Card Company under the master merchant agreement dated between the Parties.
2. The Parties would like the Partner to provide the offers and rewards set out in this Agreement to the Cardmembers.

AGREED TERMS

1. Definitions

Cards means the cards and payment devices issued by Credit Card Company   , its affiliates and licensees

Cardmembers means the individuals named on the Card.

Centurion Cards means the Credit Card Company   ^® Centurion Card issued by Credit Card Company   , its affiliates or licensees

Platinum Charge Cards mean the Credit Card Company   ^® Platinum Card & the Credit Card Company   ® Platinum Corporate Card issued by Credit Card Company   , its affiliates or licensees

Confidential Information has the meaning given in clause 7.

Intellectual Property Rights means trade marks, service marks, logos and trade names.

Marketing has the meaning given in clause 4.1.

Marketing Activities mean the activities outlined in the Marketing Activities Schedules to this Agreement.

Marketing Activities Schedule means Schedule 1 and any additional Marketing Activities Schedule(s) in a form substantially similar to Attachment 1.

Marketing Activities

• The Partner agrees to provide the Marketing Activities from the Effective Date for the Term, or such differentperiod as is agreed between the Parties in the Marketing Activities Schedule concerned.
• The Parties may enter into additional Marketing Activities Schedule(s) from time to time to cover ad-hoc or on‑going Marketing Activities, based on the template in Attachment 1 (but the Parties do not make any representation that they will enter into any such additional Marketing Activities Schedule(s), beyond the attached Schedule 1). Marketing Activities Schedules must be numbered and dated for identification and must include a complete description of the following: the Marketing Activities; materials, products and information to be provided by Credit Card Company to The Partner for use in relation to the Marketing Activities; timescale for the Marketing Activities; and applicable fees.
• If there is any inconsistency between any of the provisions of this Agreement and the provisions of a Marketing Activities Schedule, the provisions of the applicable Marketing Activities Schedule will prevail.

2. Marketing and Intellectual Property Rights
   • All marketing, advertising, promotion and publicity (collectively “Marketing“) that is to be conducted pursuant to this Agreement must be agreed by both Parties in writing (which may include by email).
   • The Parties agree to conduct themselves and all Marketing Activities with due care and skill. Each Party agrees not to do, or omit to do, anything or use the other Party’s name, logo, brand or other Intellectual Property Rights in any manner which is or might reasonably be expected to be prejudicial, harmful, defamatory or embarrassing to the name, image, reputation, goodwill or business of that Party. Each Party must not use the other Party’s name or other Intellectual Property Rights except with that Party’s prior written consent and in accordance with the provisions of this Agreement.
   • Each Party (the “Licensor”) grants the other Party (the “Licensee”) a limited, non-exclusive and non-transferable licence to use their Intellectual Property Rights during the Term solely for the purpose of the Marketing Activities, in accordance with this Agreement. The Licensee will obtain the Licensor’s prior written approval for any reference to or use of Licensor’s Intellectual Property Rights in marketing, advertising, promotion and other customer materials, and any such request for approval will be considered promptly by the Licensor. In relation to any permitted use of the Licensor’s Intellectual Property Rights, the Licensee must comply with the Licensor’s brand guidelines (as advised from time to time by the Licensor).
3. Term of the Agreement
   • This Agreement commences on the Effective Date and will continue until completion of the Term, unless terminated earlier in accordance with clause 6 (Termination). On written notice to the other Party at least three months prior to the end of the Term (or Renewal Term), either Party may extend the term of this Agreement for a further one year period (the “Renewal Term”) on the same terms and conditions as set out in this Agreement, or as agreed in writing by the Parties.
   • Notwithstanding the termination of this Agreement pursuant to clause 6 (Termination), the Parties will honour all their obligations under this Agreement in connection with any offers, services or benefits relating to the Marketing Activities which have been booked on or before the date of termination of this Agreement, even where such offer, service or benefit is used by the Cardmember after the termination of this Agreement.
4. Termination
   • Notwithstanding any other provision under this Agreement, Credit Card Company and The Partner may terminate, in whole or in part, this Agreement and/or any Marketing Activities Schedule for convenience and without cause upon thirty (30) days’ prior written notice.  Notice of termination of any Marketing Activities Schedule will not be considered notice of termination of this Agreement unless specifically stated in the notice.  Notice of termination of the Agreement will be considered termination of the Agreement and all Marketing Activities Schedules under this Agreement, unless otherwise specifically stated in the notice of termination.
   • Either Party may terminate this Agreement by written notice to the other if the other commits any material breach of the terms of this Agreement and fails to cure such breach within thirty (30) days of receipt of written notice from the non-breaching Party identifying the breach and requiring its remedy.
   • Subject to clause 5.2, on termination or expiry of this Agreement:

• each Party must immediately cease conducting the Marketing;
• each Party must immediately cease use of and return any Confidential Information, Intellectual Property Rights and/or other property of the other Party; and

5. Confidentiality
   • For the purpose of this Agreement, “Confidential Information” means the existence of and provisions of this Agreement and, in relation to each Party, all information which that Party (“Disclosing Party“, which includes its affiliates) provides or has, prior to the date of this Agreement, provided or made available to the other Party (“Recipient“, which includes its affiliates) relating to the past, present and future plans, businesses, activities, products, services, customers and suppliers of the Disclosing Party. Both Parties agree that information is not Confidential Information to the extent, but only to the extent, that such information: (i) is already known to the Recipient free of any confidentiality obligation at the time it is obtained; (ii) is or becomes publicly known through no breach of agreement or other wrongful act of the Recipient; (iii) is rightfully received by the Recipient from a third party without restriction and without breach of this Agreement; or (iv) is independently developed by the Recipient without reference to the Confidential Information of the Disclosing Party, which can be demonstrated by written record.
   • The Parties agree to use the Confidential Information only for the purpose of carrying out the rights and obligations under this Agreement.
   • The Parties agree to regard and preserve as confidential all Confidential Information of the other Party which may be obtained from any source as a result of this Agreement. In maintaining confidentiality under this Agreement, each Party agrees it must not, without first obtaining the written consent of the other Party, disclose or make available to any person, firm or enterprise, reproduce or transmit, or use (directly or indirectly)

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