APPADS PROMOTIONS INC. IS THE OWNER OF SHOP THE ROCK (STR) MOBILE APPLICATION AND RELATED INTELLECTUAL PROPERTY WHICH PROVIDES ADVERTISING SERVICES FOR BUSINESSES. THE FOLLOWING AGREEMENT (Agreement) GOVERNS YOUR (The Advertiser) USE OF THE SERVICES PROVIDED BY APPADS PROMOTIONS INC (AppAds).
Advertiser represents and warrants that it will honor all coupons/discounts offered through the Advertisement in the STR app. Advertiser represents and warrants that it will require consumers to visually present the Advertisement in the STR app at their business location before honoring such promotion or discount. Advertiser will ensure that its employees are aware of the obligations of this section, and will ensure coupons are tapped and marked as redeemed when used by consumer.
Advertiser understands that participating in STR's free advertising options requires Advertiser to place a promotional sticker provided by AppAds in a visible location at the Advertiser’s place of business, to inform customers that the business is a participating member of STR.
Advertiser is required to submit all applicable Advertisement information to AppAds in the requested format. Advertisement special offer details must be approved by AppAds prior to placement in the STR app.
The term of this agreement is indefinite.
The Advertisement/coupon offer will remain active in the AppAds STR app during applicable season(s), until Advertiser requests AppAds remove the Advertisement.
Advertiser may terminate this agreement by providing written notice of request to remove special offer/advertisement from STR prior to the end of the current coupon season. AppAds may terminate this agreement by providing written notice of intention to discontinue advertisement.
All fees paid by Advertiser for the Featured Business option, if applicable, are non-refundable and non-transferable.
Advertisements are uploaded to the STR app randomly, as new coupons are ready to be posted. Coupons will be displayed in the app during the seasons selected by Advertiser at time of joining STR. Coupon seasons run as per schedule outlined on the STR website.
AppAds does not represent or warrant that advertising with STR will increase profitability for any given business.
During the term of this Agreement, Advertiser may modify or change the Advertisement by providing AppAds with new Advertisement details in the required format, that is approved by AppAds, and paying any applicable fee. Promotions or discounts offered in the STR app remain in effect and shall be honored by Advertiser until the replacement Advertisement has been uploaded.
Advertiser acknowledges that AppAds reserves the right to modify any component of STR at any time without prior notice.
Advertiser 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 Advertisement.
Advertiser 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 ADVERTISER 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 ADVERTISER PAID TO APPADS UNDER THIS AGREEMENT IN THE MOST RECENT 30 DAYS.
Advertiser 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 Advertiser 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 Advertiser’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 Advertiser 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 Advertiser’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 Advertiser. Advertiser has the right to terminate this Agreement immediately, upon written notice to AppAds, provided, however, that any fees that have been received by AppAds 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 the STR app. Advertiser 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 Advertiser’s consent to such changes. If Advertiser does not agree with any of the amended terms, Advertiser 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 Advertiser 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 November 1, 2019.