Discounts added to the Whitworth University Employee Discount Program ("Employee Discount Program") will meet the criteria outlined below. Discount vendors ("vendors") must accede to this vendor agreement prior to entering the Employee Discount Program. Discounts will be accessible to all Whitworth University employees, their spouses, domestic partners and dependents (collectively "Whitworth employees").

1. Vendors will enter the Employee Discount Program only after approval from Whitworth University and may renew their commitment to Whitworth annually.
   
   
2. There is no vendor fee to participate in the Employee Discount Program; it is considered "free" visibility for participating vendors. Therefore, Whitworth expects that the vendor will provide quality savings directly to Whitworth employees. The minimum discount should be significantly greater than that offered to the general public. Be assured that Whitworth will consider all reasonable discounts.
   
   
3. Acceptance of vendors and/or vendor offers will be made and can be withdrawn at the sole discretion of Whitworth. Vendor offers relating to any of the following (or to other objectionable materials or services) will not be approved: firearms or explosives, pornography-related items or services, alcohol, tobacco, gambling, illegal substances.
   
   
4. Discounts from Canadian vendors must state costs in U.S. dollars as well as Canadian dollars.
   
   
5. If at any time you need to access your online information to make updates or changes, please visit the "Welcome to Vendors" page to log in to your account. Fill in your username and password, make any changes and click "Update." Please note that updating an existing offer requires re-approval by the university. To assist in this process, please give a short description of the changes made to the discount. All updates other than those made to vendor or representative information will require re-approval.
   
   
6. Small independent sellers representing Amway (Quixtar), Tupperware, Avon or other multilevel marketing products or services will not be considered for participation in the Employee Discount Program.
   
   
7. Under no condition whatsoever will the vendor have any right to use or authorize the use of any Whitworth University trademark, service mark, trade name or other intellectual property right otherwise owned by Whitworth University.
   
   
8. Whitworth University does not endorse any goods or services offered by Vendors. Because of this, Vendors shall refrain from representing or implying to Whitworth employees that Whitworth endorses Vendor goods or services. It should also be understood that once a Whitworth employee elects the discount offered by a particular Vendor, that Whitworth employee is responsible for dealing directly with that Vendor.
   
   
9. Vendors will notify the Whitworth Human Resource Services Office at least fifteen (15) business days in advance of any upcoming changes of any nature pertaining to the discount offered in conjunction with the Employee Discount Program.
   
   
10. Nothing in this agreement will be construed to place either party in the relationship of partners, joint ventures, franchiser and franchisee, or principal and agent; and vendors will have no power to obligate or bind Whitworth University in any manner whatsoever. Current Whitworth franchises and franchisees, or principals and agents, and vendors will have no power to obligate or bind Whitworth University in any manner whatsoever.
    
    
11. It is the vendor’s responsibility to educate his/her employees on discounts and discount processes in conjunction with the Whitworth Employee Discount Program.
    
    
12. It is the vendor’s responsibility to handle all questions and concerns from each Whitworth University employee using the Employee Discount Program relating to the vendor’s offer in conjunction with this program.
    
    
13. Either Whitworth University or the vendor may terminate an offer at any time for any reason. Three (3) weeks' prior notice by the vendor to Whitworth University will be required prior to termination. Whitworth University may terminate and withdraw any offer at any time for any reason. All discounts will automatically expire upon the expiration date entered for the offer. It is the vendor’s responsibility to re-establish a new discount offer. Throughout the year, new vendors will be invited to participate in this Employee Discount Program.
    
    
14. Discount offers will be posted on a web page specifically set up for employee discounts, which will appear on the Whitworth University website.
    
    
15. Vendors will provide the following information on the Whitworth University Employee Discount Program Vendor Application: company name, contact name, address and phone number, discount offer details (i.e., description of goods and/or services, specific discount(s) offered, redemption process, and effective dates), and vendor URL, if applicable.
    
    
16. Whitworth University will host the Whitworth discount web page on its website. Participating vendors are encouraged to create a separate web page on their existing websites for the vendor’s Whitworth discounts. Whitworth will then allow Whitworth employees to link from the Whitworth discount page to the vendor’s main site. This is not a requirement; however, it does make it easier for all involved. Creating a separate page for Whitworth discounts allows the vendor to control updates at his/her discretion and provides the means for each vendor to provide additional information pertaining to his/her offers. (See below for a sample of a discount offer.)
    
    EXAMPLES: Website discount offers as they would appear on the Whitworth website:
    
    ABC Theater (underlined business title shows link to business website):
    35% off theatre tickets. Join us for our tenth season, running now through June 2005. Visit our website directly linked to this offer for additional information and available seating. Discount applies to phone orders only. Call number listed below to order your discounted tickets. Mention Whitworth University when ordering. Some restrictions may apply. Subject to availability. Please call: 509.XXX.XXXX. Offer expires 7/31/08.
    
    The ABC Hotel, 10 S. Post Street, Spokane Wash.: The ABC Hotel features luxury accommodations and contemporary Northwest cuisine. Visit us in downtown Spokane and receive a 30% discount on any two meals plus beverages Monday through Friday. This discount is not to be used with any other discount or coupon. A current Whitworth University employee I.D. card is required. Offer expires 7/31/08.
    
    
17. In performance of this agreement, the vendor agrees to comply with all state and federal laws and regulations regarding nondiscrimination and harassment on the basis of race, color, gender, religion, national religion, creed, marital status, age, sexual orientation, pregnancy, or the presence of any sensory, mental, or physical disability in providing any benefits under the agreement.
    
    
18. Vendor shall defend, indemnify, hold and save harmless Whitworth University from all loss, damage, liability, or expense (including expense of litigation) resulting from any actual or alleged injury or death of any person, or from any actual or alleged loss of or damage to any property caused by or resulting from any act or omission of the vendor relating to or in regard to the performance of this agreement. This agreement to defend, indemnify and hold harmless shall be triggered upon the assertion of any claim against Whitworth University within the scope of the indemnification and hold-harmless agreement.
    
    
19. In the event that a dispute shall arise regarding the terms, conditions, or breach of this agreement, the parties shall, as a condition precedent to taking any action and as a condition precedent to seeking arbitration, mediate the dispute using the services of a mutually agreed-upon independent mediator. The parties shall split the expenses of the mediator and the facility for the mediation. Each party shall otherwise pay its own expenses. Any controversy or claim arising out of or relating to this agreement, or the breach thereof, shall be settled by final and binding arbitration administered by the American Arbitration Association under its commercial arbitration rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The costs of the arbitration fees, the arbitrator and the facility for the arbitration shall be borne equally by each party. Each party shall otherwise pay its own expenses. Notwithstanding the above, if either party precludes the other from performing under this agreement, the party that precludes the other from performance shall be prohibited from seeking or maintaining any action, claim or demand under or pertaining to this agreement, including a demand for arbitration, and the other party shall be discharged from any further contractual duty under the agreement.
    
    
20. The party that checks "I agree" represents and warrants that s/he is authorized to enter into this agreement on behalf of the party.
    
    
21. This agreement shall not become effective unless and until it is properly accepted by Whitworth University.

 

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