BISSELL PARTNERS FOR PETS (the "Program")
TERMS & CONDITIONS
BISSELL Homecare, Inc. ("BISSELL")
2345 Walker Avenue, Grand Rapids, MI 49544.
These Terms and Conditions govern your organization’s (the “Organization,” "You" or “Your”) participation in the Program. Participation is subject to review and express approval by BISSELL.
- Organization Agreement. The Organization represents and agrees that it:
- is, and will continue to be, a reputable animal rescue and adoption organization (and not an animal breeder);
- has not received any citations issued by, or been the subject of any complaints made to, any law enforcement or animal control agencies;
- will maintain appropriate government licenses and authorizations;
- qualifies as a nonprofit IRC section 501(c)(3) organization or government animal welfare organization; will use any donations provided under the Program in a way that furthers the mission of animal rescue and adoption, and will provide a written description of these efforts by completing and returning a Donation Response Form within 30 days of BISSELL’s request;
- will ensure that the Organization’s participation in the Program does not violate any other agreement or obligation that the Organization may be under;
- is validly existing, in good standing, and possess all requisite power and authority to participate in the Program and perform the obligations in the Program; and
- will display the Partners for Pets and Lost Pet U.S.A. logos on its website.
- Benefits. BISSELL will provide the following benefits:
- You will be eligible for donations generated through consumer purchases of BISSELL pet products on Bissell.com;
- You will be eligible for cash donations generated through supporter participation in sweepstakes and/or other promotions run on the Facebook pages of BISSELL and/or the BISSELL Pet Foundation; and
- You will be eligible to receive one free BISSELL product annually to be used for fundraising (e.g., raffle or auction). You will forfeit your annual product donation if you fail to return Your Donation Response Form for the prior year’s product donation within 30 days of your fundraising event.
- BISSELL Intellectual Property. The Organization will NOT have any rights to use BISSELL copyrights, trademarks, trade names or other BISSELL intellectual property, unless BISSELL expressly agrees in writing to such use.
- BISSELL Marketing & Advertising. BISSELL will advertise the Program and may advertise Your Participation in the Program. Therefore, while participating in the Program and for one year after Your participating ends, You agree to BISSELL’s and Lost Pet USA’s use of the Organization’s name and other relevant data or identifying information in BISSELL’s and Lost Pet USA’s marketing and advertising of the Program. BISSELL does not, however, have an obligation to use Your Organization’s name in any marketing or advertising of the Program.
- Termination by BISSELL. BISSELL may terminate the Program, in whole or in part, in its sole discretion at any time, and may also terminate the Organization’s participation in the Program (including BISSELL donations to the Organization), for any reason or no reason, at any time upon written notice. Upon termination, discounts and/or designation codes will no longer be honored by BISSELL.
- Termination by Organization. You may terminate Organization’s participation in the Program, for any reason or no reason, at any time with written notice to Partners for Pets Program at BISSELL Homecare Inc., 2345 Walker Avenue, Grand Rapids, MI 49544.
- Liability & Indemnification. BISSELL shall not be liable for any injury or damage to persons or property occurring at the Organization or caused by lost or adopted pets under the Program. The Organization shall not be liable for any injury or damage to persons or property caused by BISSELL-branded pet products under the Program unless such injury or damage was due to the Organization’s negligence or willful misconduct. Each party shall indemnify, defend and hold the other party, as well as their agents, employees, officers, directors and affiliates (collectively “Affiliates”), harmless from and against any damage for injury (including death to persons or damage to property), losses, liability or other costs (including attorneys’ fees actually incurred), arising out of (i) a breach of any covenants, representations, warranties or other obligations under these Terms and Conditions, (ii) the conduct, acts or omissions of either party or their Affiliates, or (iii) the failure of either party to comply with the terms of these Terms and Conditions. This provision will not require You or BISSELL to indemnify the other party if the injury, loss, liability or cost was caused by the negligent action or inaction, or the willful misconduct, of the other party or their Affiliates.
- Non-Competition. Organization agrees that it will not directly or indirectly, during its participation in the Program, participate in a similar partnership program sponsored by a competitor of BISSELL which include the following: Dyson, Euro-Pro Operating LLC (including its Shark brand), Maytag, Royal, Rug Doctor, Matsuishita/Panasonic, Kirby, Electrolux (Eureka), RexAir, Oreck/Regina, Chiaphua Industries Ltd or any of its marketing partners, Shop Vac, Sharp, Miele, Black & Decker, LG, Phillips, TTI or Techtronic Industries (Hoover, Dirt Devil, Vax, Oreck), Samsung, Aerus, Hoover Candy, Henry, Vorwkr, Karcher, Rowenta,or Genie.
- Choice of Law. This Agreement will be governed and interpreted in accordance with the laws of the State of Michigan (without regard to its conflict of law principles). Any controversy, claim or action arising under this Agreement, the performance of this Agreement, or the relationship of the Parties, must be instituted and prosecuted only in courts located in Kent County, Michigan. For this reason, the parties irrevocably consent to the exclusive sole personal jurisdiction and venue of courts located in Kent County, Michigan, and waive any right to dismiss or transfer such action or proceeding because of the inconvenience of the forum. This shall not prevent the enforcement in another forum of a judgment obtained in a court identified in the prior sentence.
- Changes and Updates. BISSELL reserves the right to change these terms and conditions at any time and in its sole discretion, without notice. Updated terms will be posted at http://www.bissell.com/pets/partnersforpets. Therefore, members are encouraged to review the terms and conditions periodically to ensure continued compliance.