TERMS AND CONDITIONS

  1. The participating vendor who has executed this Agreement on this form hereof (“Vendor”) hereby accepts the following terms and conditions. The total program charge(“Fee”) shall be paid to Rocky Mountain Ace Stores (“RMAS”) according to the terms of the Agreement set forth on this form hereof. RMAS, in consideration of the payment of the Fee by Vendor, agrees to provide the advertising program as specified on this form hereof (“Program”).
  2. This Agreement shall become effective on the date accepted by RMAS. This Agreement shall remain in effect for the term of the advertising program (“Term”) unless cancelled by RMAS pursuant to paragraph 4 hereof.
  3. RMAS will not be responsible for delays or lack of performance caused directly or indirectly, by strikes, accidents, or other reasons of a like or similar nature beyond its control. IN NO EVENT WILL RMAS BE LIABLE FOR LOSS OF PROFITS OR SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES. NO ACTION RELATING TO OBLIGATIONS HEREUNDER MAY BE BROUGHT BY EITHER PARTY MORE THAN ONE YEAR AFTER THE OCCURRENCE OF THE EVENT GIVING RISE TO THE CAUSE OF ACTION.
  4. This Agreement may be terminated by RMAS in the event RMAS elects not to implement the Program. In the event of termination by RMAS,RMAS shall remit to Vendor 100% of the fee paid by Vendor. If Vendor fails to pay the fee to RMAS, RMAS may pursue all available legal remedies against Vendor. Vendor shall reimburse RMAS for all legal fees and costs, including filing fees, incurred by RMAS in administering the default. RMAS may retain all of the Fees actually paid by Vendor and may pursue legal action against Vendor to recover the balance of the liquidated damages amount determine below. The parties hereto agree that it would be difficult or impracticable to determine the actual damages suffered by RMAS as a result of a default by Vendor in the payment of the Fee. Therefore, the parties agree that the sum equal to the unpaid amount of the Fee plus fifty percent (50%) of the total Fee is a reasonable estimate of the damages suffered by RMAS as a result of such default by Vendor and shall constitute liquidated damages in the event of a default by Vendor.
  5. RMAS MAKES NO EXPRESS OR IMPLIED WARRANTIES REGARDING THE PROGRAM AND HEREBY DISCLAIMS THE SAME.
  6. Payment terms are net 30 days from ad start date. After 180 days, RMAS will debit total vendor balance from vendor’s account through AceHardware corporation.
  7. As a vendor, I understand these promotions are exclusive of Co-op and will be 100% paid. Retailers will still be able to claim their regular co-op on this promotion. Retailer advertising committee reserves the right to final item selection and sale pricing. Form must be filled out completely. Attach your product suggestions to this form. Proofs of ads will be sent for approval. Any ad not approved within the specified time of creating the ad will be considered approved by RMAS.

Form must be filled out completely. All advertised items are subject to approval by RMAS.