PROMO PREMIUMS ORDER TERMS AND CONDITIONS
NOTICE: WITH ANY PURCHASE YOU AGREE TO THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT PURCHASE.
Promo Premiums (“PP”) has agreed to sell promotional merchandise, gift certificates and/or gift cards (“Products”) to you, the Purchaser (the “Purchaser”).
In consideration of that agreement, and the services and Products to be provided by PP, you (the Purchaser) represent, warrant, covenant, acknowledge and agree to the following Terms and Conditions:
- The Purchaser shall provide electronic files of all advertising and other promotional material referring to the Products and make such changes to such material as PP believes is reasonable and necessary. PP shall have the right to terminate any unauthorized marketing campaigns and cancel any Products relating to such campaigns, at your expense.
- The Products will not be referred to online using any of PP or Product trademarks, logos, brand names, or domains without prior written authorization.
- The Products will be used only as a retail incentive to Consumers and the Products will not be sold, as such, to consumers. In addition, the Products must be given directly to a consumer without requiring the consumer to pay any fees or complete any unauthorized forms (online or offline) to receive the Products. The Products may not be resold to other businesses without written consent from PP.
- The laws governing promotions vary from state to state, and PP does not control how the Purchaser or its customers or other third parties will advertise or otherwise promote the Products. As between Purchaser and the Company, Purchaser and Purchaser’s customers are in the most effective position to ensure compliance with applicable law. Therefore, Purchaser warrants that Purchaser, on behalf of itself and any third parties associated with Purchaser or its customers, is solely responsible for compliance, and will comply, with all applicable federal, state and local laws, rules and regulations, including, without limitation, all laws, rules and regulations applicable to consumer protection and the Products, and Purchaser is not relying on PP with regard to such compliance. Purchaser is solely responsible for any marketing materials, including content, created by Purchaser, its customers or any third parties associated with Purchaser or its customers. Purchaser shall not in any material manner mislead Consumers. The Purchaser will share with PP all complaints of consumers or complaints or inquiries of governmental agencies concerning Purchaser’s use of the Products.
- PP may require or suggest certain fundamental disclosures/disclaimers when presenting the Products to consumers. These will be set forth from time to time by electronic email to Purchaser or can be requested at any time. Disclosures may change and most recent updates are the Purchasers responsibility and are available upon request by email.
- The Purchaser agrees to indemnify and hold harmless PP and its respective suppliers, officers, directors, agents, employees, successors and assigns from and against any and all losses, claims, damages, liabilities, demands, suits, actions, judgments, assessments, fines, penalties, costs and expenses, including, without limitation, reasonable attorneys’ fees and costs and all other defense costs incurred in investigating, preparing or defending against any claim, relating to or arising out of: (a) the Purchaser’s or its customers’ representations relating to, and marketing of, in any manner, the Products or (b) the Purchaser’s or its customers’ use of the Products in violation of this acknowledgement or a breach of any covenants, representations and warranties contained herein.
- PP does not offer any refunds for any reason. All sales are final.
- All terms and conditions must be followed as noted on the Products and on this acknowledgement form, otherwise PP has the right to restrict the Product use.
- Regarding Gift Cards for Online Stores; Regarding Outlet Store Gift Cards;
eOutlet Store gift cards are considered promotional gift cards, and subject to certain state and federal regulations, including and not limited to the following points:
- *Gift Card ad copy cannot infer the gift cards have a cash value.
- *Gift Cards cannot be sold to consumers or offered for any consideration.
- *Promotional gift cards can have an expiration date. Outlet Store gift cards expiration is at least 12-18 months from the date of purchase.
Gift Cards and Gift Card Sets should be given out as one per customer, since they can only be used by consumers as one gift card code per transaction.
Individual gift cards cannot be broken up or separated from the gift card holder and handed out seperately.
Gift Card Sets should be referred to in print as “$250 in Gift Cards” (or $100 in Gift Cards); Plural (not singular), since they require more than one card to make up the gift card value.
The gift cards should not be referred to online using any of the Outlet Store trademarks, logos, brand names, or domains without prior written authorization.
AMENDMENTS: PP reserves the right at any time to modify these Terms and Conditions and to impose new or additional terms or conditions on your use, promotion, marketing, advertising, distributing, or selling of the Products. Such modifications and additional terms and conditions will be effective immediately and incorporated into these Terms and Conditions.
GOVERNING LAW: Your agreement to these Terms and Conditions shall be deemed to be a contract made under the laws of the State of Florida and for all purposes it, plus any related or supplemental documents and notices, shall be construed in accordance with and governed by the laws of that state. You hereby submit to the jurisdiction of the State of Florida and agree that venue is proper in the Florida state court located in Hillsborough County, Florida, or the Federal District Court for the Middle District of Florida, Tampa Division, for the purpose of any suit, action, or other proceeding arising out of or relating to these Terms and Conditions.
ENTIRE AGREEMENT: These Terms and Conditions constitute and express the entire agreement and understanding between the parties hereto in reference to all the matters herein referred to, all previous discussions, promises, representations, and understandings relative thereto, if any, had between the parties hereto, being herein merged.