Retainer Program Terms and Conditions

This agreement is by and between Elevate Promo. (“Elevate”, “we” or “us”) and the person or entity (“Customer” or “You”) signing agreement. This Agreement describes each of our respective rights and obligations (See articles). The products and services will be provided to You and to those individuals to whom you provide the products or services, (the “End Users”). By filling out this form, the Customer hereby agrees to purchase the products and services described above, and specifically to the provisions of the Terms of Service agreement pertaining to this agreement as well as those products and services; which can be found at elevatepromo.com. The term of this agreement is quarter to quarter on a traditional yearly basis. This agreement may be canceled at any time with at least a month’s notice in writing provided to chad@elevatepromo.com at least a month prior to the start of the new quarter. The Monthly Retainer is the amount agreed upon to be billed monthly at the beginning of each month. The monthly retainer amount may be changed from quarter to quarter with a consultation to your Elevate representative.

BY ACCEPTING THIS AGREEMENT THROUGH AN ORDERING DOCUMENT THAT INCORPORATES THIS AGREEMENT (THE “ORDERING DOCUMENT” or “Retainer Program), YOU AGREE TO FOLLOW AND BE BOUND BY THE TERMS

AND CONDITIONS OF THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THE TERMS AND CONDITIONS OF THIS AGREEMENT AND, IN SUCH EVENT, “YOU” AND “YOUR” AS USED IN THIS AGREEMENT SHALL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU OR SUCH ENTITY DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE THE SERVICES.

ARTICLE 1
Definitions

1.1 “Promotional Materials” shall be logo’d or blank items offered by Elevate to You. From time to time certain products will be discontinued and other items will be added. All products can be found on www.elevatepromo.com.
1.2 “Term” shall mean the amount of time this agreement is to be in effect. While the agreement is in effect all parties must adhere to the agreed-upon items.
1.3 “Retainer Amount” shall mean the amount You agree to pay within the agreed term. This amount will be billed on a monthly basis.

ARTICLE 2
Term

The term of this Agreement shall be for a period of 1 quarter (3 months) (the “Term”) from the Effective Date. This Agreement will automatically renew for an additional quarter, (3) month period, unless and until either party provides the other with written notification of non-renewal. Such notification must be provided at least thirty (30) days prior to the termination date and notification must be in writing.

ARTICLE 3
Confidentiality

The terms and conditions of this Agreement and all non-public information regarding the business of Elevate or this agreement is confidential (the “Confidential Information”). Without the prior written consent of the other, neither Elevate nor You shall disclose to any other person or entity any Confidential Information of the other unless pursuant to obtaining any Regulatory Approval or unless otherwise required by law or a court of competent jurisdiction. The provisions of this Article 3 shall remain in full force and effect after expiration or termination of this Agreement. Violation of the foregoing provision by any party or its Agents shall entitle the other party to injunctive relief for specific performance of the obligations described in this Article 3 without a showing of irreparable harm or injury and without bond.