Punch Card Template

Punch Card Agreement

This Punch Card Agreement (the Agreement) is entered into by and between:

Recitals

WHEREAS, Provider designs, manufactures, supplies and/or administers physical and/or digital punch cards and associated customer loyalty or usage tracking services; and

WHEREAS, Client desires to obtain punch card design, production, distribution and/or program administration services from Provider under the terms set forth in this Agreement; and

NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows:

Effective Date

Effective Date:

Scope of Work

Provider shall perform the following services and deliverables with respect to the Punch Card Program for Client. The Scope of Work shall include specific design specifications, punch mechanics, redemption rules, quantities, distribution method, and any tracking or reporting obligations. Provider will provide the services described below and in any statement of work mutually agreed in writing.

Punch Card Design & Template

Business Name (to print on card):

Card Title:    Number of Punches:    Expiration (if any):

Redemption Terms:

Visual Punch Grid (fill label or leave blank to use hole/stamp only):

Payment Terms

Client shall pay Provider for services and goods in accordance with the terms below.

Late Payment Fee:

Term and Termination

This Agreement commences on the Start Date and continues until the End Date unless earlier terminated as provided herein.

Start Date:    End Date:

Either party may terminate this Agreement for material breach if the breaching party fails to cure such breach within days after receipt of written notice. Either party may also terminate for convenience upon days' prior written notice.

Confidentiality

Each party will maintain in confidence and will not disclose to any third party any Confidential Information of the other party. "Confidential Information" means nonpublic information disclosed in writing or orally that is identified as confidential at the time of disclosure or that a reasonable person would understand to be confidential. Confidential Information excludes information that: (a) is or becomes publicly known through no breach; (b) is received from a third party without restriction; (c) was known at the time of disclosure; or (d) is independently developed.

The receiving party may disclose Confidential Information to its employees, contractors or advisors who have a need to know and who are bound by confidentiality obligations at least as protective as those in this Agreement. Upon termination or request, all Confidential Information and materials will be returned or destroyed, except for one archival copy retained solely for compliance purposes.

Intellectual Property and Use

Unless otherwise agreed in writing, Provider retains all intellectual property rights in designs, templates, tooling, software, and methodologies developed or used by Provider prior to or during performance of this Agreement. Client is granted a limited, nonexclusive, nontransferable license to use the delivered punch card artwork and associated materials solely in connection with the punch card program described herein. Any custom artwork paid for in full by Client and expressly transferred in writing will be assigned consistent with the parties' written agreement.

Limitation of Liability; Indemnification

Except for liability arising from willful misconduct or gross negligence, Provider's aggregate liability under this Agreement shall be limited to direct damages not to exceed the total fees paid by Client to Provider under this Agreement during the twelve (12) month period preceding the claim. Neither party will be liable for consequential, incidental, special or punitive damages. Client shall indemnify and hold Provider harmless from third-party claims arising from Client's use of the punch cards, including claims of false advertising or violations of applicable law arising from Client's promotional terms.

Governing Law

This Agreement will be governed by and construed in accordance with the laws of the state of without regard to conflict of law principles.

Entire Agreement

This Agreement, including all attachments, exhibits and any statements of work executed hereunder, constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior and contemporaneous agreements, proposals and communications, whether written or oral. Any amendment must be in writing and signed by both parties.

Additional Provisions

Sign Now