1160 Davie Street
Vancouver, BC
V6E 1N1
 

 
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These Terms and Conditions constitute the Agreement between Second Stream Marketing Inc. (the Company), their banking partners, affiliates and Merchant. Both parties warrant having legal capacity to enter this Agreement and agree as follows:


1. MERCHANT RESPONSIBILITIES
  1.1 DISCOUNT AGREEMENT - The Merchant hereby agrees to honour the discount detailed on page 1 of this Agreement to all cardholders of programs offered by the Company upon the presentation of the relevant card. The Merchant agrees not to apply the discount(s) to any artificially inflated price that would have the effect of reducing the value of the discount to the Cardholder.
  1.2 MERCHANT INFORMATION - The Merchant agrees to provide accurate information to the Company and to maintain and properly update information as applicable.
  1.3 PAYMENT - The Merchant agrees to the purchase of the services from the Company and terms identified herein and to prompt payment of all applicable fees and charges as outlined in this Agreement.
  1.4 ASSIGNABILITY - The Merchant may not transfer rights or obligations they may have under this Agreement without the prior written authorization of the Company. The Company reserves the right to transfer any right or obligation under this Agreement without the Merchant's consent.
2. RESPONSIBILITES OF THE COMPANY
  2.1 COMPANY SUPPORT - The Company agrees to supply all the services as identified and outlined in the agreement.
  2.2 COMPANY INFORMATION - The Company agrees to provide monthly reports on activity to the company via email and accessibility to relevant websites.
3. GENERAL TERMS AND CONDITIONS
  3.1 TERM OF THE AGREEMENT - The term of this Agreement is for one year with automatic renewal on the same terms. Notification will be sent to the Merchant as to the date of renewal.
  3.2 TERMINATION - Without prejudice to any other rights, the Company may terminate the Agreement if the Merchant fails to comply with the terms and conditions hereof. Upon termination of this Agreement, all rights to the service terminate immediately.
  3.3 OWNERSHIP AND CONTROL OF DATA - All data generated and accumulated by the Merchant through the use of the service is deemed the rightful property of both the Merchant and the Company. In the event this Agreement is terminated, a copy of the data shall be surrendered to the Merchant and the Company shall retain full rights of ownership and control of the data.
  3.4 RIGHTS AND DISCLAIMERS OF THE COMPANY - In no event shall the Company be liable for damages caused other than by intentional misconduct arising out of or on any way related to the use of the services.
The Company may change, suspend or discontinue all or any aspect of the service at any time, including the availability of any database, feature, or content, without prior notice or liability. The Company reserves the right, at its discretion, to change or modify all or any part of these Terms and Conditions, at any time.
  3.5 CHOICE OF LAW - This Agreement is governed by the laws of the Province of British Columbia as such laws are applied to agreements entered into and to be performed entirely within British Columbia by British Columbian residents.



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