This Indiana On Tap Tasting Society Vendor Marketplace Agreement (“agreement”) is between Indiana On Tap, LLC, and its website, www.indianaontap.com (hereafter referred to as “Indiana On Tap”, “company”, “we”, “us”, or “our”) and your business or the business entity you represent (“vendor” or “you”). Any partner who signed an agreement with Indiana On Tap and who continues to redeem any offer is agreeing to these terms and conditions. By signing the agreement and continuing to redeem your offers, you agree to make your offers EXCLUSIVE to Indiana On Tap Tasting Society Members and authorize Indiana On Tap to market and promote this exclusive offer (or offers) in any way we see fit.
- Exclusive Offer(s) and Duties. Indiana On Tap agrees to list your business in the Tasting Society Vendor Marketplace Program (“Program”) and to market and promote the Program to current and potential members. You agree to honor any Tasting Society Electronic Gift Certificates (“E-GIFT CERTIFICATES”) (below), presentment of which will be required for all offer(s) towards any alcoholic beverage(s) or non-alcoholic offers, specifically. Outlined below is the service(s) or product offer(s) (“promotion”) you agree to offer exclusively to our active Tasting Society members (‘’members”). To receive this promotion members must prove their membership in the program by presenting their membership via an E-GIFT CERTIFICATE within the Indiana On Tap mobile application (App) only. You further agree that your staff will check every member’s state-issued identification, or other form of identification, along with each E-GIFT CERTIFICATE to confirm that the membership being presented is valid. You also take responsibility to confirm that each person presenting you an E-GIFT CERTIFICATE is of legal drinking age in the state of Indiana if your offer includes alcohol. All offers will be legally void and unavailable to persons under the legal drinking age, persons with no proof of active membership or identification, or with expired membership or expired/previously used E-GIFT CERTIFICATES.
- Modification Policy. You may modify your exclusive offer(s) as outlined in Paragraph 1 at any time without any penalties. To modify any offers, you agree to execute a new Marketplace Vendor Agreement that you will need to review and sign. Unless or until that happens, you must honor all existing offers and E-GIFT CERTIFICATES to members of the Tasting Society. To modify any offers, please send an email with your modification request to email@example.com.
- Cancellation Policy. You may cancel your exclusive offer(s) as outlined in Paragraph 1 at any time and without any penalties. To cancel any offers, simply send an email to firstname.lastname@example.org with your cancellation request. Make sure to include all relevant information for us to easily identify you. You will receive an email reply within 7 business days confirming your cancellation, wherein your offer(s) and any advertising associated with your affiliation with the program will be removed from any Indiana On Tap online marketing or promotional materials. You expressly acknowledge and understand that any print marketing or promotional materials already in circulation or intended for circulation will remain in circulation. If you cancel any offer(s), you nonetheless agree to honor any remaining E-GIFT CERTIFICATES held by active members who purchased a membership before your offer(s)’ cancellation. Once your cancellation is confirmed, no new E-GIFT CERTIFICATES with your offer(s) will be issued to new or renewed Program members.
- E-GIFT CERTIFICATES. E-GIFT CERTIFICATES issued by Indiana On Tap as a benefit of the Program (a 3rd party) will be legally accepted for the indicated cash value towards the purchase of any alcohol and/or non-alcohol promotion you agree to offer as a vendor in the Program, which will be indicated on the E-GIFT CERTIFICATE. By joining the Program and signing the agreement, you specifically acknowledge that Indiana On Tap is compensating you and otherwise providing valuable consideration via and including but not limited to, Program administration, technical support, marketing and advertising efforts for our right and legal ability to issue E-GIFT CERTIFICATES to the marketplace members with your offer(s). The use of E-GIFT CERTIFICATES to redeem towards the purchase of alcohol promotion offer(s) has been approved by the Indiana Alcohol & Tobacco Commission. E-GIFT CERTIFICATES will be used and required for all promotions related to the purchase/redemption of your alcohol or non-alcoholic offer(s). Presentment of the E-GIFT CERTIFICATE by members is required to receive the promotional value. E-GIFT CERTIFICATES may only be used once by members, per membership cycle.
Only 1 E-GIFT CERTIFICATE for each alcohol promotion you offer will be provided to each new or annually renewed member unless agreed upon and noted otherwise by you, the participating vendor. For example, you could choose to offer multiple individual E-GIFT CERTIFICATES, each worth $1 (or any dollar amount) towards an individual pint, flight, etc. of the member’s choice.
Any non-alcoholic promotions (e.g. food & merchandise or service discounts, etc.) you agree to offer as a vendor in the Program will also require an E-GIFT CERTIFICATE. It is your discretion as a vendor whether you choose to allow any non-alcoholic promotion to be used/redeemed more than once by a member during his or her membership cycle.
PLEASE NOTE that paid membership is auto-renewed annually for members. Each member has the option to cancel his or her membership and renewal, penalty free. All members who renew annually will receive 1 new E-GIFT CERTIFICATE with all of your active Program offers. (e.g. If you participate in the marketplace program longer than a year, any existing member whose membership is auto-renewed during that time will receive all of your same (or modified) offer(s) that you have active and in place as part of the program and as part of their renewal.
(5) Breach. In the event one party breaches this agreement, the non-breaching party shall have all the rights and remedies provided by Indiana law.
(6) Disputes. Should any disputes arise with respect to this agreement, the parties agree to act immediately to resolve such disputes. Time is of the essence in the resolution of disputes. Parties agree that the existence of a dispute notwithstanding, the parties will continue without delay to carry out all of their respective duties under this agreement that are not affected by the dispute.
(7) General Terms.
7.1 This agreement constitutes the full, complete, and sole agreement of the parties regarding the Tasting Society Marketplace program. No verbal agreements shall be enforceable.
7.2 This agreement shall be construed under the laws of Indiana.
7.3 This agreement is binding upon the parties’ heirs, successors in business, assigns, personal representatives, executors, and administrators.
(8) Severability. In the event that one or more of the provisions contained in this agreement shall for any reason be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions contained in this agreement.
(9) Amendment. No supplement, modification or amendment of this agreement will be binding unless in writing and executed by all the parties that are signatories to the agreement.