BDC Promotions, Inc Standard Terms & Conditions

For Direct Clients

The contract signer acknowledges this is a binding contract to provide promotion event services. All invoices are due upon receipt. Payment is due within 3 days of signature on this agreement. Client is responsible for any costs and attorney’s fees due in order to enforce this agreement including the non or partial payment of invoice. The parties agree that enforcement of this Agreement shall be under the laws of the State of Florida and the choice of venue for any action is Marion County, Florida. In addition, the undersigned indemnifies BDC Promotions from any and all court costs or legal fees that may arise from advertising services performed. Results are not implied or guaranteed. Delivery of ads on Facebook constitutes fulfillment of this contract. Staffing and promotional items are separate from this contract and are not guaranteed or warranted. This commitment is to serve as written authorization for BDC Promotions, Inc. to perform services and/or contract with third parties to complete the sales event described above. Alterations or revisions of above specifications involving extra cost must be executed in writing. Client is solely responsible for advertising content supplied to BDC by Client. Any unauthorized use of promotional materials prepared by BDC for the Dealership, except for the dates stated herein, shall be a breach of this Agreement and subject to liquidated damages equal to the profit lost by BDC, plus attorney’s fees and costs to recover any such damages and enforce compliance by injunction or other equitable relief. This is an unsolicited agreement. Client’s signature also authorizes BDC Promotions, Inc., at its discretion, to either publish material without final art approval or move sale dates if representative of client has not contacted BDC Promotions Inc. with final changes by printing deadline. (terms effective since 06/24/22)

For Resellers

BDC Promotions hereby grants Reseller a non-exclusive, non-transferable and fully revocable license to: (i) market the Social Media Advertising and Promotions (“Services”) to the prospective Dealership identified above and sell a right to the Dealership allowing usage of the Services; and (ii) provide technical support to the Dealership. Reseller shall submit Orders for the Services in accordance with the guidelines provided by BDC Promotions. (iii) Reseller will use commercially reasonable efforts to promote the Services in accordance with this Agreement, shall conduct marketing and advertising activities in coordination with BDC Promotions, and will act at all times in a diligent and businesslike manner and refrain from any activity or action that may damage the reputation and goodwill of BDC Promotions. (iv) BDC Promotions retains the right in its sole discretion to reject a Dealership identified and/or approached by the Reseller. (v) For the duration of this Agreement Reseller shall manage all aspects of the relationship with the Dealership in accordance with and subject to BDC Promotions terms and conditions and privacy policy, as set out herein. By signing this contract, you’re giving BDC Promotions permission to list and advertise your inventory on FB marketplace. Price and Payment Terms. Reseller will sell BDC Promotion’s Services to the Dealership at a price within the range as determined by BDC, as amended from time to time. This Invoice shall serve as BDC’s bill to Reseller, for all fees related to the Services, according to this Order submitted by Reseller. Payment is due within 3 days of signature on this agreement. Payment for the Services shall be due upon receipt of this invoice. It shall be Reseller’s responsibility to ensure payment when due, whether or not Reseller has received payments from the Dealership. Taxes and Fees. The rates set out therein are exclusive of any and all applicable taxes and third-party fees (such as OEM fees), which shall be charged extra at actuals and borne by Reseller. However, any taxes accruing on the income of each Party shall be borne by the concerned Party. Miscellaneous. The undersigned acknowledges this is a binding contract to provide promotion event services for the above-named dealership and Reseller and affirmed that the Dealership has authorized Reseller to perform said Services. Reseller shall be responsible for any costs and attorney’s fees due in order to enforce this agreement including the non or partial payment of invoice. The parties agree that enforcement of this Agreement shall be under the laws of the State of Florida and the choice of venue for any action is Marion County, Florida. In addition, the undersigned indemnifies BDC Promotions from any and all court costs or legal fees that may arise from advertising services performed. Results are not implied or guaranteed. Delivery of ads on Facebook constitutes fulfillment of this contract. Staffing and promotional items are separate from this contract and are not guaranteed or warranted. This commitment is to serve as written authorization for BDC Promotions, Inc. to perform services and/or contract with third parties to complete the sales event described above. Alterations or revisions of above specifications involving extra cost must be executed in writing. The Dealership shall be considered a third-party beneficiary to this Agreement and in the event that Reseller is unable or unwilling to pay, Dealership shall be liable for the Invoice under the theory of unjust enrichment. Reseller is solely responsible for advertising content supplied to BDC by Reseller, on behalf of the Dealership. Any unauthorized use of promotional materials prepared by BDC for the Dealership, except for the dates stated herein, shall be a breach of this Agreement and subject to liquidated damages equal to the profit lost by BDC, plus attorney’s fees and costs to recover any such damages and enforce compliance by injunction or other equitable relief. This is an unsolicited agreement. Client’s signature also authorizes BDC Promotions, Inc., at its discretion, to either publish material without final art approval or move sale dates if representative of client has not contacted BDC Promotions Inc. with final changes by printing deadline. (terms effective since 06/24/22)

SMS Compliance Statement

The below paragraph is the BDC Promotions SMS compliance statement that is sent to customers before texting them.

We appreciate you submitting your information. You will receive a text message soon. By submitting a form anywhere on bdcpromotions.com, you are giving us consent to contact you by email, phone call and/or SMS at the phone number provided which may include marketing and be utilized by an autodialer. Consent is not required to purchase goods or services. Message & data rates may apply. Reply STOP to opt-out. The consent given is to BDC Promotions and Convergix. Consent is not required to purchase goods or services.