Merchant Terms of Use Agreement


Merchant Terms of Use and Services Agreement


 

More Local Offers™ (also known herein as “MLO”) provides small and medium sized businesses and organizations Permission-based Email Marketing Services, as well as a variety of e-tools and resources to enhance the collection of visitor email addresses and generate additional sales. These services are not used for sending unsolicited emails (Sometimes called "spam". See our Anti-Spam Policy).


The following are the Terms of Use for accessing the More Local Offers™ Services. By clicking the 'I accept these terms' link on the sign-up page, or by logging into More Local Offers™, you accept these terms.


1.     Acknowledgements. Subject in each case to the terms listed in the remainder of this Agreement, you hereby acknowledge and agree that:

1.1.  More Local Offers™, and its Email Marketing Service will not be used to send unsolicited email (Sometimes called "spam") campaigns.

1.2.  More Local Offers™ may only be used for lawful purposes.

1.3.  Your use of the Services is subject to the Prohibited Content and Commerce Statement.

1.4.  Using the More Local Offers™ Local Deals Search Engine Services will be subject to two annual Ad Slot fees ("Paid Services"), if-and-when the merchant wants to showcase a Sizzlin’ Deal and/or Video Message, otherwise the “listing” is “free”.

1.5.  More Local Offers™ will not use or sell merchants’ customer list/subscriber list or any other customer information for any purposes than those intended for this Service.

2.     Services and Support

2.1.  The Services provided in this Agreement, may be amended at any time by More Local Offers™, and any guidelines, rules or operating policies that More Local Offers™ may establish and post from time to time in the "Agreement", including, without limitation, More Local Offers™ Email Privacy Policy, as otherwise furnished to you (The "Policy"; unless otherwise stated, all references to the Agreement shall include the Policy). By posting updated versions of the Agreement on the More Local Offers™ website, or otherwise providing notice to you, More Local Offers™ may modify the terms of the Agreement and may discontinue or revise any or all other aspects of the Services in its sole discretion. All such changes shall become effective upon posting of the revised Agreement on the More Local Offers™ website.

2.2.  The Services are available only to persons who can form legally bind contracts under applicable law. Without limiting the foregoing, the Services are not available to individuals under the age of 18. If you do not qualify, you are not permitted to use the Services.

2.3.  You must complete the enrollment form on the Merchant Sign Up page to use the Services. You must provide true, accurate, current, and complete information about yourself as requested in the registration form. You are responsible for maintaining the security of your account, passwords, and files.

3.     Fees and Payment

3.1.  Ad Slot User Fees are determined by Merchants’ individual Affiliate Marketing Service Provider, including MLO if MLO is the enrolling Affiliate Marketing Service Provider.

3.2.  If MLO is your Affiliate Marketing Service Provider, then the Ad Slot Fees will be debited upon the start of your Service via credit card. You are responsible for reviewing the Ad Slot Fee Schedule from time to time and remaining aware of the Ad Slot Fees charged by More Local Offers™. The Ad Slot Fee Schedule is subject to change at any time in the More Local Offers™ discretion. More Local Offers™ will attempt to notify you via email prior to the effectiveness of any change to the Ad Slot Fee Schedule, but such change will be effective irrespective to any direct notice to you.

3.3.  If MLO is the Affiliate Marketing Service Provider, then Payment for Services will be made by a valid business credit card accepted by More Local Offers™. Ad Slot Fees are payable in US dollars. If the monthly payment option is selected, or if you have previously provided your credit card for payment, you hereby authorize More Local Offers™ to charge your credit card for such amounts due. If More Local Offers™ is for any reason unable to effect automatic payment via your credit card, More Local Offers™ will attempt to notify you via email and your More Local Offers™ account will be disabled until payment is received. Ad Slot amounts paid for the Services are not refundable.

4.     Email, Image Hosting & Permission Practices

4.1.  Images hosted by More Local Offers™ may be used in connection with the Services.

4.2.  You are responsible for complying at all times, with the More Local Offers™ Prohibited Content and Commerce Policy.

4.3.  More Local Offers™, at its own discretion, may immediately disable your access without refund to the Services if More Local Offers™ believes in its sole discretion that you have violated any of the policies or permission practices listed herein, or the More Local Offers™ Prohibited Content and Commerce Policy.

5.     Restrictions and Responsibilities

5.1.  More Local Offers™ will not use your customer list or any other customer information for any other purposes than those intended with the Services. Your customer information will not be shared with any other parties unless your permission is granted in writing, or unless required by law.

5.2.  This is an Agreement for Services, and you are not granted a license to any software by this Agreement. You will not, directly or indirectly: (a) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Services or any software, documentation, or data related to the Services ("Software"); (b) remove any proprietary notices or labels from the Services or any Software; (c) modify, translate, or create derivative works based on the Services or any Software; or (d) copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services or any Software.

Unless you are an authorized More Local Offers™ Affiliate Marketing Service Provider, you may not display, copy, reproduce, or distribute the Software, any component thereof, any documentation provided in connection with the Services or the Software, or any content, including but not limited to newsletters, distributed to you by More Local Offers™ in connection with the Services. Violation of these restrictions may result in the termination of this Agreement.

5.3.  The Services shall be used for your internal business (which includes business, civic or charitable purposes only), and you shall not use the Services or any Software for times sharing or service-bureau purposes, or otherwise for the benefit of a third party. If you are using the Services in any country in the European Community, the prohibition against modifying, translating, reverse engineering, decompiling, disassembling or creating derivative works based on the Services or the Software does not affect your rights under any legislation implementing the E.C. Council Directive on the Legal Protection of Computer Programs.

5.4.  You acknowledge and agree that the Services and the More Local Offers™ company names and logos and all related product and service names, design marks and slogans, are the property of More Local Offers™ or its affiliates or suppliers (collectively, the "Marks"). You are not authorized to use any of the Marks in any advertising, publicity or any other commercial manner without the prior written consent of MoreLocalOffers.Com. Your use of the Services confers no title or ownership in the Services, the Software or the Marks and is not a sale of any rights in the Services, the Software or the Marks.

5.5.  You represent, covenant, and warrant that you will use the Services only in compliance with the Agreement, the federal CAN-SPAM Act of 2003 and all other applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation). You hereby agree to indemnify and hold harmless More Local Offers™ and its business partners, third-party suppliers and providers, licensors, officers, directors, employees, distributors, agents and assigns against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys' fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise arising from or relating to your use of the Services. 

In addition, you acknowledge and agree that More Local Offers™ has the right to seek damages when you use the Services for unlawful purposes, in an unlawful manner, and/or in a manner inconsistent with the terms of this Agreement, and that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance and/or consequential damages. 

Although More Local Offers™ has no obligation to monitor the content provided by you or your use of the Services, More Local Offers™ may do so and may remove any such content or prohibit any use of the Services it believes may be (or is alleged to be) in violation of the foregoing.

5.6.  The Services may only be used for lawful purposes. Transmission or solicitation of any material that violates United States federal, state or other laws that may apply in this jurisdiction or your local area is prohibited.

5.7.  You agree to cooperate with and provide reasonable assistance to More Local Offers™ in promoting and advertising the Services.

5.8.  In using the varied features of the Services, you may provide information (such as name, contact information, or other registration information) to More Local Offers™. More Local Offers™ may use this information and any technical information about your use of the Services, to tailor its presentations to you, facilitate your movement through the Service, or communicate separately with you. If you licensed the Services, as a result of solicitation by a Affiliate Marketing Service Provider of More Local Offers™, More Local Offers™ may share your information with the marketing partner and the marketing partner may share information with More Local Offers™. More Local Offers™ will not provide information to companies you have not authorized for that purpose unless required by law or if you are terminated from More Local Offers™ due to unsolicited commercial email being sent from your More Local Offers™ account.

5.9.  If you receive special discounts through an Affiliate Marketing Provider, those discounts may not be available if you cease to continue to be a customer of the Affiliate Marketing Provider, in which case the More Local Offers™  standard rates will apply. The Affiliate Marketing Provider may notify More Local Offers™ of any change in your status.

6.     Termination

6.1.  You may terminate this Agreement at the end of your contract term (12 Months), by calling More Local Offers™ Customer Support. There are no refunds for any fees paid.

6.2.  More Local Offers™ may terminate this Agreement or the Services, disable your account or put your account on inactive status, in each case at any time with or without cause, and with or without notice. More Local Offers™ shall have no liability to you or any third party because of such termination or action.

6.3.  More Local Offers™ will delete any of your archived data within 30 days after the date of termination. All sections of this Agreement that by their nature should survive termination will survive termination, including, without limitation, ownership, warranty disclaimers and limitations of liability.

6.4.  If your account is classified (At More Local Offers™ sole discretion) as inactive for over 120 days, More Local Offers™ has the right to permanently remove your subscriber data. More Local Offers™ will attempt to contact you via email prior to taking any permanent removal actions.

7.     Warranty Disclaimer; Remedies

USE OF THE SERVICES AND ANY RELIANCE BY YOU UPON THE SERVICES, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. More Local Offers™ DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. THE SERVICES ARE PROVIDED "AS IS" AND More Local Offers™ DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

Your sole and exclusive remedy for any failure or nonperformance of the Services shall be for More Local Offers™ to use commercially reasonable efforts to adjust or repair the Services.

8.     Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL More Local Offers™ OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS " More Local Offers™ ") BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF More Local Offers™ SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT NOTWITHSTANDING THE FOREGOING, More Local Offers™ IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE LIABILITY OF More Local Offers™ TO YOU WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

9.     Export of Services or Technical Data

You may not remove or export from the United States or allow the export or re-export of the Services, or any direct product thereof, including technical data, in violation of any restrictions, laws, or regulations of the United States or any other applicable country.

10.  Miscellaneous

10.1.                  If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.

10.2.                  More Local Offers™ and you agree that the Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of the Agreement.

10.3.                  In addition, all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy.

10.4.                  No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind More Local Offers™ in any respect whatsoever.

10.5.                  In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover its costs and attorneys' fees.

10.6.                  The Agreement shall be governed by the laws of the State of Utah, USA without regard to its choice or law, or conflict of laws’ provisions. All legal actions, in connection with the Agreement, shall be brought in the state or federal courts located in Salt Lake City, Utah, U.S.A.

10.7.                  More Local Offers™ is a DBA of True North Business Development, a Utah LLC.


READ AND AGREED TO by the Web Site Visitor

as of the Effective Date


SERVICES RATE SHEET


(1)  MoreLocalOffers.Com® Local Deals Search Engine Package:

What MoreLocalOffers.Com® provides:

·        MoreLocalOffers.Com® Local Deals Search Engine Ad Slot Fees – $50/Year (12-Month Contract):


o   We’ll provide your business with the best Local Deals Search Engine list-building strategy on the market today:


§  We’ll set your business up with a More Local Offers™ Account


§  We will ‘list’ and feature your business on our Local Deals Search Engine Merchant Deals Landing Page for “Free”.


§  If you, as a merchant, already have a Sizzlin’ Deal design, as well as a “Video Message” produced, then the only cost is for the respective Ad Slot fees, which are $25/Year for the Sizzlin’ Deal Ad Slot, and $25/Year for the Video Message Ad Slot, for a total Ad Slot Fee of just $50/Year (12-Month Contract).


§  We’ll set-up your Email Marketing Service Provider’s with The Cross-Pollinator™ and MLO’s Deals Search Engine System, be it Constant Contact, or some other Email Marketing Service Provider.


§  If you want MLO to design your Sizzlin’ Deal, we will do so for $75, and will set up your first Sizzlin’ Deal and schedule it’s start and stop date in MLO’s Deals Search Engine.


§  If you want MLO to produce your Video Message, we’ll produce that Video Message and then will set up your first Video Message in MLO’s Deals Search Engine.


(2)   MoreLocalOffers.Com® Permission-based Email Marketing Service Package:

What MoreLocalOffers.Com® provides:

·        MoreLocalOffers.Com® Merchant Permission-based Email Marketing Service Fees – $85/Month for 12-months (plus whatever Constant Contact charges for the Merchant’s Customer Database per month). This fee can increase depending on what the customer database numbers are at the beginning of each month (See Rate Schedule).


o   We will provide the Top Email Marketing Strategy with Campaign Consulting & Management:


§  We’ll set up your own Constant Contact Email Marketing Account.


§  We’ll get your business set-up in Constant Contact, and get your account ready to start sending campaigns and collecting new customer contact information


§  We’ll get an Email Harvester Tag Tool Form set-up on your website


§  We’ll prepare and set-up a 12-month Campaign Plan (Providing 12 Designs based on themes you select, and post them into the System)


§  We’ll schedule 12-months-worth of Campaigns (With twelve monthly campaign themes, including Pics & Logo uploads).


§  We’ll set up and manage merchants’ email address database, and database preparation.


(3)   MoreLocalOffers.Com® Best-of-the-Best Online Digital Advertising Package:

What MoreLocalOffers.Com® provides:

MoreLocalOffers.Com® Online Digital Advertising Group Ad Spend Fees – $50.00 Per Campaign

o   We’ll combine your $50 Ad Spend with a minimum of nine (9) other participating merchants who each will contribute their $50 Ad Spend, to a *Group Ad Spend of no less than a total of $500 per campaign.


o   *It only takes 10 merchants joining our Group and paying their monthly minimum Ad Spend fee of just $50, to cover the “Minimum Advertising Nut” of a Digital Advertising Company minimum campaign Ad Spend. Each participating business receives the benefits these advertising strategies, for just $50 a campaign, versus the merchant having to pay a minimum of $500.00 per campaign on their own. As additional merchants join the Group, additional benefits will continue to grow, making it next to impossible for any business owner to do this on their own.


o   We’ll list your business in the top 6 Online Digital Advertising Platforms for “free”:


·        Google Local – More than 28 Billion Visitors / Month


·        Bing Places – More than 850 Million Visitors / Month


·        Yelp.com – More than 150 Million Visitors / Month


·        Retail Me Not – More than 32 Million Visitors/Month


·        Yellow Pages – More than 38 million visitors/Month


·        eLocal – More than 95 Thousand Visitors / Month


o    We’ll list your business in the top 3 Social Media Advertising Platforms for “Free”:


·        Facebook – More than 22 Billion Visitors / Month


·        Twitter – More than 3 Billion Visitors / Month


·        Instagram – More than 1.8 Billion Visitors / Month


(4)   Merchant Sizzlin’ Deals Design and Video Message Production Requests Fees: 


a.      *$75 for each New Deals Design request


b.     *$325 for each Video Ad Production request


*These Design and Video Production Fees, can be paid over the 12-Months of this Contract, which only adds just $50/Month to the total Services Fee of $150/Month, making the grand total just $200/Month for all four options, including the Permission-based Email Marketing Service, and the More Local Offers™ Enhancement Strategies and Services combined.