APPADS PROMOTIONS INC. IS THE OWNER OF SHOP THE ROCK (“STR”) MOBILE APPLICATION AND WEBSITES SHOPTHEROCKNL.CA AND SHOP-THE-ROCK.CA (Collectively referred to as “Shop The Rock” or “STR”) AND RELATED INTELLECTUAL PROPERTY, WHICH PROVIDES ADVERTISING SERVICES FOR ORGANIZATIONES. THE FOLLOWING AGREEMENT (“Agreement”) GOVERNS YOUR (The “Organization”) USE OF THE SERVICES PROVIDED BY APPADS PROMOTIONS INC (“AppAds”).
Organization represents and warrants that it understands the STR fundraiser details and process as outlined on the STR website. Organization will ensure that its fundraiser participants are aware of the process and expectations from participants during the fundraiser period.
Organization understands that STR fundraisers requires Organization to share a promotional graphic designed to inform supporters/consumers that the organization is running a STR fundraiser.
Organization is required to submit all applicable information to AppAds in the requested format.
Business offers/coupons are uploaded to the STR app randomly, as new coupons are ready to be posted.
Coupon seasons run as per schedule outlined on the FAQ page of the STR website. Organization fundraisers are available for activation during the first 21 days of each coupon season. The Organization’s fundraiser code will be valid for 21 days from the time of activation.
Organization may terminate this agreement by providing written notice to STR prior to the end of the current fundraiser. AppAds may terminate this agreement by providing written notice of intention to discontinue fundraiser.
In the event that Organization cancels fundraiser and/or terminates this agreement prior to the end of the 21 day fundraiser period, fundraiser payout will be limited to the coupon activations made using the Organization’s fundraiser code prior to cancellation or termination.
AppAds does not represent or warrant that fundraising with STR will increase funds for any given Organization.
Organization acknowledges that AppAds reserves the right to modify any component of STR at any time without prior notice.
Organization represents and warrants that it is the owner of or has all necessary licenses or authorizations for use of any trade-marks and other intellectual property provided to AppAds for the Fundraiser.
Organization acknowledges that AppAds owns all rights, trademarks, interests, technology and tools used to provide STR.
TO THE FULLEST EXTENT PERMISSIBLE BY APLICABLE LAW, IN NO EVENT SHALL APPADS BE LIABLE TO ORGANIZATION FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOSS OF GOODWILL, COMPUTER/ELECTRONIC DEVICE FAILURE OR MALFUNCTION OR ANY OTHER FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR STR, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT APPADS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT WILL APPADS’ CUMULATIVE DAMAGES EXCEED THE FEES ORGANIZATION PAID TO APPADS UNDER THIS AGREEMENT IN THE MOST RECENT 30 DAYS.
Organization agrees to defend, indemnify and hold harmless AppAds and its affiliates, agents, employees, owners, contractors and attorneys from and against any liabilities, losses, damages, judgments, fines, penalties, costs and expenses (including reasonable attorney’s fees and court costs), arising out of or resulting from any claim, demand, action or proceeding brought against AppAds arising out of or based upon (a) any breach by Organization of its representations, warranties and/or obligations in this Agreement; or (b) any infringement, misappropriation or violation of a third party’s intellectual property rights resulting from Organization’s misuse of STR.
If, for any reason, any provision or part of this Agreement is held invalid or void, all other provisions of this Agreement shall remain in full force and effect.
This Agreement is assignable by AppAds. This Agreement is not assignable by Organization without the advance written permission of AppAds which may be withheld for any reason. The rights and obligations of each Party under this Agreement will inure to the benefit and be binding upon that Party's successors and assignees.
This Agreement constitutes the entire agreement between the Parties. Oral changes have no effect. It may be altered only by a written agreement signed by both Parties.
All representations and warranties will survive the termination of this Agreement.
This Agreement shall be governed by and construed in accordance with the laws of the Province of Newfoundland and Labrador.
This Agreement can be executed and delivered by fax, scan, email or other electronic means and shall upon such execution and delivery be fully enforceable.
This Agreement is effective from the moment of Organization’s acceptance, by clicking on the “I AGREE” or “SUBMIT” button (or any similar button), and shall continue in full force and effect until terminated with the terms of this Agreement. AppAds has the right to terminate this agreement immediately, upon written notice to Organization. Organization has the right to terminate this Agreement immediately, upon written notice to AppAds, provided, however, that any fees that have been received by AppAds (if applicable) prior to such termination shall be non-refundable.
AppAds reserves the right to modify the terms and conditions of this agreement or its policies relating to STR. Organization is bound by any of the changes made in the Agreement, including changes to any and all documents, forms and conditions incorporated. Continued use of STR after any such changes shall constitute Organization’s consent to such changes. If Organization does not agree with any of the amended terms, Organization must terminate this Agreement and cease any further use of STR. The date at the end of this Agreement indicates the last date that the Agreement was updated. AppAds advises Organization to periodically read the terms of this Agreement on the AppAds website, as they may change from time to time.
Each Party acknowledges that it has been given the opportunity to have this Agreement reviewed by and to seek advice from a lawyer of its choosing and that it has either availed of that opportunity or has decided to waive such opportunity.
Last updated October 1, 2019.