Terms & Conditions
This Mitchell® Golf Partner Agreement ("Agreement") is made and entered into this ______ day of __________________, 20 ___ by and between Mitchell® Golf Equipment Company ("Mitchell® Golf"), an Ohio Corporation located in Dayton, Ohio and ________________________ ("Partner"), located at _______________________________________________________________.
WHEREAS, Mitchell® Golf maintains a loyalty program for a network of Partners; and
WHEREAS, Partner is in the business of providing golf club repair services to the general public and desires to be a recognized Partner of Mitchell® Golf; and
WHEREAS, Partner is or employs an experienced club repair technician or has equivalent club repair training; and
WHEREAS, Partner has completed an application form and been pre-approved by Mitchell® Golf as a suitable Partner.
NOW, THEREFORE, in consideration of the mutual promises and covenants set forth in this Agreement, the parties hereby agree as follows:
The term of this Agreement shall be for the duration the Partner owns and uses a Mitchell® Angle Machine in its business commencing on the effective date shown above.
- PARTNER BENEFITS
Mitchell® Golf agrees to provide Partner with the following discount and marketing benefits:
- 10% off Mitchell® Golf Products and Supplies for the life of the “Agreement”. (See #3 - Product Discounts / Terms)
- Partner will earn $25 reward for every $1000 dollars spent on all subsequent purchases after Partner enrollment.Rewards valid toward future purchases.
- Partner receives access to the Mitchell® Golf Equipment Expert; an online service offering advice on all club repair, performance and fitting inquiries.
- Partner listing on MitchellGolf.com.
- Partner contact information listed under Partners section of MitchellGolf.com.
- Mitchell® Partner Kit
- Mitchell® Partner Banner
- Mitchell® Window Decals
- Mitchell® Partner Shop Apron
- Mitchell® Partner Hat
- Partner will receive case pricing on grip orders of any quantity.
- Partner will have use of Mitchell® logos to use in print material, TV & print ads, Internet and signage.
- Partner will be able to enter promotional programs run by Mitchell® Golf exclusively for Partners.
- Identification with Mitchell® Golf’s international reputation for tour performance club repair equipment.
- PRODUCT DISCOUNTS / TERMS
Partner shall have secure access to www.mitchellgolf.com for placing orders and shall receive a 10% discount off pre-payment prices on equipment, supplies and training schools, subject to restrictions. The discount does not apply to any other purchases for which a sale or promotional price/package is offered. All purchases and training costs require pre-payment by Partner and prices are subject to change by Mitchell® Golf without prior notice.
- ENROLLMENT FEE
Upon the execution of this Agreement, Partner shall pay the enrollment fee of Fifty-Nine dollars ($59.00) to Mitchell® Golf and this fee entitles Partner to one Mitchell® Partner Kit and a listing on MitchellGolf.com.
- PARTNER OBLIGATIONS In exchange for Partner benefits provided by Mitchell® Golf, Partner agrees to:
- Indemnify Mitchell® Golf fully for any damages as described below.
- Complete Mitchell® Partner Application.
- Partner must own and use a STEELCLUB® or TourGAUGE® Angle Machine in its business.
- RELATIONSHIP / INDEMNIFICATION
This Agreement does not constitute a joint venture or other agency relationship between the parties. Neither party has the right to create any obligation or responsibility, express or implied, on behalf of, or in name of the other party in any manner whatsoever. Partner expressly agrees to indemnify and hold Mitchell® Golf harmless from any damages and costs that may arise against Mitchell® Golf as a result of club repair services performed by Partner. Additionally, while use of the Mitchell® Golf logos and promotional materials may reflect a higher level of experience and/or golf club repair training on the part of Partner or its repair technician(s), such use does not provide or create warranties of any type to the consumer or general public on the part of Mitchell® Golf.
- TERMINATION OF AGREEMENT
This Agreement may be terminated by either party for any reason upon thirty (30) days written notice to the other party. If the Agreement is terminated by Mitchell® Golf the enrollment fee will be prorated if the termination occurs before the Partner's one year anniversary. Upon termination by either party all discount and marketing benefits provided hereunder shall cease, including but not limited to, Partner's listing on www.mitchellgolf.com website, Partner's right to use or display any Mitchell® Golf logos and Mitchell® Partner Kit materials and Partner's right to a 10% discount on product purchases. Partner will remove Mitchell® Partner Kit materials from Partner's place of business. Partner's obligations hereunder shall also cease.
- MISCELLANEOUS PROVISIONS
A. Integration and Modification. The parties acknowledge that this is the complete and final expression of their mutual intent and agreement concerning the subject matters of this Agreement, and no change or modification of this Agreement shall be valid unless such change or modification is in writing and is signed by the parties.
B. Waiver. No waiver of any breach of any provision or condition of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision or condition of this Agreement.
C. Ohio Law. This Agreement shall be governed in accordance with the laws of Ohio.
D. Severability. The invalidity or unenforceability of any particular word, sentence, paragraph, subparagraph or other provision of this Agreement shall not affect the validity or enforceability of the other words, sentences, paragraphs, subparagraphs or provisions of this Agreement and this Agreement shall be interpreted in all respects as if such invalid or unenforceable parts were omitted.
E. Binding Nature. This Agreement shall become binding upon and inure to the benefit of the parties, and their heirs, executors, administrators, successors and assigns.