Caring Club® 2014 The Caring Club® The Caring Club® was developed as a way of thanking contributors to the United Way of the Coastal Empire's Community Fund, recognizing their contributions that strengthen our community, making it a better place to live and work. The new cards will be valid from April 1, 2014 through March 31, 2015. Please join or renew your participation as a Caring Club® merchant in 2014! Marketing Opportunity An estimated 6,500 Caring Club® members will be directed to your door You will gain new business while building a lasting relationship with Caring Club® members Caring Club® merchants are featured in campaign marketing materials whenever possible You will receive “free” marketing during company campaigns, reaching more than 100,000 people at over 800 local companies You will receive public recognition at United Way events and in publications when appropriate You will be featured on the Caring Club® webpage, at www.uwce.org/donorprograms/caring-club/, with a link to your business Window stickers are provided for you to proudly display your support of United Way of the Coastal Empire Featuring your partnership with United Way in your advertising will demonstrate your role as a community leader Since 1938, the United Way has been working in our community to improve people’s lives by mobilizing the caring power of our community. We directly fund 61 agencies representing 119 programs throughout Chatham, Bryan, Liberty and Effingham counties to provide a safety net for people in need, and bright futures for children and families. United Way’s Community Fund supports all of these programs. Please join other local merchants supporting the United Way of the Coastal Empire Caring Club®. For more information call 912-651-7714 *The Caring Club® discount is a minimum of 10% or a combination of goods/services equal to 10% 264520v1 United Way of the Coastal Empire 2014 Caring Club® THIS AGREEMENT is made and entered into as of the ______ day of ___________, 2013/2014 by and between The United Way of the Coastal Empire, Inc., a Georgia nonprofit, public benefit corporation (herein after referred to as “UWCE”), and ________________________ a ______________ with its principal place of business at ______________________________________ (hereinafter referred to as “Vendor”). Agreement in effect ______________ through March 31, 2015. WHEREAS, UWCE, desires to build alliances with partner organizations to connect community resources for the purpose of promoting charitable programs that aid those less fortunate within their community; WHEREAS, UWCE, has developed a Caring Club Card Program (the “Program”), to aid in the goal of raising funds to support the needs of those less fortunate within their community; and WHEREAS, Vendor desires to build an alliance with UWCE through participation in the Caring Card Program as one of the entities that honors the discount card associated with the Program. NOW, THEREFORE, in consideration of the agreements herein contained, it is hereby mutually agreed and covenanted between the undersigned parties as follows: 1. Percentage Discount. Subject to the terms and conditions of this Agreement, Vendor does hereby agree to discount ____________ off on all items and/or services purchased by a Program participant (Caring Club member) at any of Vendor’s retail locations for the term stated in Section 3 of this Agreement. Vendor’s obligation to discount items and/or services purchased by a Program participant is contingent upon said participant’s presentation of the Program discount card (personalized Caring Club membership card) at the point of purchase. The Program discount card is the card issued by UWCE to all Program participants and is identified by the statement “United Way Caring Club”. 2. Advertising of Participation. Subject to the terms and conditions of this agreement, UWCE does hereby agree to include Vendor’s name as a participating entity in the Program on advertisements, flyers, bulletins, booklets, and other forms of communications and disseminations promoting the Program when possible, including, but not limited to, the Caring Club website at www.uwce.org. Vendor hereby agrees to display window/door signage provided by United Way of the Coastal Empire. 3. Term. This Agreement shall commence as of the date first set forth above and shall continue until March 31, 2015. 264520v1 4. Indemnification. Vendor hereby agrees to indemnify, hold harmless and defend UWCE and any director, officer, employee or agent of UWCE from and against any and all liabilities, losses, claims, lawsuits, damages, injuries, costs, expenses or detriments, including reasonable attorney’s fees, arising out of, relating to, or incurred in connection with any acts or omissions by Vendor and/or Vendor’s employees or agents, in connection with participation in the Program on or after the date of execution of this Agreement. In particular, Vendor agrees to indemnify UWCE against any costs or expenses (including legal fees) resulting from Vendor’s failure to honor the Program discount card or failure to honor the agreed to discount as stated in Section 1 of this Agreement. UWCE hereby agrees to indemnify, hold harmless and defend Vendor and any shareholder, director, officer or employee of Vendor from and against any and all liabilities, losses, claims, lawsuits, damages, injuries, costs, expenses or detriments, including reasonable attorney’s fees, arising out of, relating to, or incurred in connection with any acts or omissions by UWCE and/or UWCE’s authorized employees or agents, in connection with participation in the Program on or after the date of execution of this Agreement. 5. Relationship of Parties. Nothing contained herein shall be construed to place the parties in an employment relationship or in the relationship of partners or joint ventures and neither party shall have any right or power to obligate or bind the other in any manner whatsoever except as authorized in this Agreement or otherwise specifically authorized in writing. 6. Assignment. This Agreement and the rights and obligations created hereunder shall not be assignable by either party, either voluntarily or by operation of the law, without the express written consent of the other party. Any assignment without such consent shall be null and void. 7. Waiver of Breach. The waiver by UWCE of a breach of any provisions of this Agreement by Vendor shall not operate or be construed as a waiver of any subsequent breach by Vendor. 8. Notice. Any notice required or implied by this Agreement shall be sufficient if given by personal delivery or certified mail, return receipt requested, to the person and at the address listed below or such other persons and addresses as shall be communicated to the other party by the party to whom notice is intended to be given: If intended for UWCE: If intended for Vendor: 264520v1 United Way Coastal Empire Attn: Gregory Schroeder, President 428 Bull Street Savannah, GA. 31401 Telephone: 912-651-7702 ________________________________ ________________________________ ________________________________ ________________________________ 9. Severability. The provisions of this Agreement are separable. If one or more of the provisions of this Agreement are held invalid by any court of competent jurisdiction or are voided or nullified for any reason, the remaining provisions and paragraphs shall continue in full force and effect and shall be binding on the parties so as to carry out the intent and purposes of the parties as nearly as possible. 10. Governing Law; Entire Agreement. This Agreement is governed by and shall be construed under the laws of the State of Georgia. Except as otherwise provided herein, this Agreement constitutes the entire agreement of the parties. Any alteration or modification of the provisions to this Agreement shall not be effective unless reduced to writing and executed by the parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above. “UWCE” “Vendor” UNITED WAY OF THE COASTAL EMPIRE, INC. _____________________________ _____________________________ _____________________________ By: Gregg Schroeder____________ Title: President Date: _________________________ Signature: _______________________ By: ___________________________ Title: __________________________ Date: __________________________ Phone: _________________________ Website: _______________________ Please complete and return to: 264520v1 Julie Cyr United Way of the Coastal Empire P.O. Box 2946 Savannah, GA. 31402 912-651-7714