BoatU.S Partner Network Terms and Conditions

1. 1. BoatU.S. grant's permission to Participating Business to operate as part of the "BoatU.S. Partner Network Program". This Agreement shall become effective upon execution by both parties for a term of twelve months and renew automatically unless either party gives the other party written notice of termination at least 30 days prior to renewal, or in accordance with sections 9 & 10 below.
2. 2. Participating Business agrees to offer the discount(s) as indicated below as required by the program and further agrees to offer fair, reasonable and competitive pricing of these goods and services. Participating Business further agrees to discount from their publicly available and advertised rates.
3. 3. BoatU.S. agrees to promote Participating Business as providing discounts to BoatU.S. Members in BoatU.S. publications, and on the BoatU.S. website during the term of this Agreement.
4. 4. Participating Business shall have permission to use the name of the program "BoatU.S. Partner Network Program" and the logo designated by BoatU.S. only to promote its participation in the program.
5. 5. All material, printed, electronic, video and audio, created by and promoting Participating Business as a participant in the program is subject to prior written approval by BoatU.S. Approval is not to be unreasonably withheld or delayed. All advertising costs are the responsibility of the party placing the ad or promotion unless otherwise agreed in writing by both parties.
6. 6. BoatU.S. logos and all other Trademarks and Service Marks of BoatU.S. are owned by BoatU.S. and shall remain the sole and exclusive property of BoatU.S. and all use of any such Trademarks or Service Marks by Participating Business shall be to the sole benefit of BoatU.S. Any use of BoatU.S. Trademarks or Service Marks without prior written approval shall be considered grounds for immediate termination of this Agreement.
7. 7. In performing under this Agreement, BoatU.S. and Participating Business are acting as independent contractors and not as agents or partners of one another. Neither party shall hold itself out as the agents of the other or attempt to bind the other in any way.
8. 8. If any one of the provisions contained in this Agreement shall for any reason be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or enforceability shall not affect the remaining provisions of this Agreement and this Agreement shall be construed as if such provision or provisions had never been contained herein.
9. 9. This Agreement may be terminated by BoatU.S. immediately upon written notice to Participating Business in the event Participating Business or any of its principles, employees, agents or representatives:
   (a) Fail to comply with all applicable federal, state and local laws, regulations, ordinances and rules; or
   (b) Fail to maintain the high standards and quality of service that has been established and recognized as part of the BoatU.S. image or the image of Participating Business.
10. 10. In the event that either party violates or breaches any other material term of this Agreement, within 45 days of learning of the breach the non-breaching party may terminate this Agreement by providing written notice to the breaching party.
11. 11. Upon termination of this Agreement, all use and association with the other party for advertising, sales or promotion must immediately cease and all literature and signage and any other materials in Participating Business possession which bear any Trademark or Service Mark owned by BoatU.S. must be returned to BoatU.S. and Participating Business shall have no further right to use or display in any manner any Trademark or Service Mark owned by or associated with BoatU.S.
12. 12. Participating Business shall hold BoatU.S. and its directors, officers and employees harmless from and against any and all losses, damages, costs and liabilities of Participating Business which are not directly caused by BoatU.S. BoatU.S. and Participating Business agree to abide by all the terms and provisions contained herein and take all reasonable measures to ensure the success of this program to the mutual benefit of both parties.
    All notices required or permitted by this Agreement shall be deemed given when written notice is delivered by verified, confirmed delivery to the other party by email or mailing address.