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These Terms and Conditions apply to the sale of Best Buy physical and e-gift cards to commercial customers ("Company"). By purchasing physical and e-gift cards, Company agrees to be bound by these Terms and Conditions.
Best Buy physical and e-gift cards (hereinafter collectively referred to as "Gift Cards") may be redeemed for select merchandise or s ervices in any Best Buy retail store in the United States and Puerto Rico or at www.BestBuy.com, provided that they are properly issued and presented in accordance with these Terms and Conditions and any terms accompanying or printed on the Gift Cards (the "Agreement"). Best Buy reserves the right to refuse any order for Gift Cards for any reason. Gift Cards may not be resold or offered for sale by Company except as expressly authorized by Best Buy in writing.
Gift Cards will be shipped to Company fully activated. Company shall utilize prudent security measures to ensure proper safekeeping and issuance of the Gift Cards in accordance with this Agreement. Best Buy shall not be responsible for lost, stolen or damaged Gift Cards after receipt by Company at the Company’s designated address. Company may not return unused Gift Cards for refund or exchange.
As between Best Buy and Company, Company shall be solely responsible for any promotion in which Gift Cards are being offered by the Company or its agents ("Promotion") and all costs associated therewith. However, any use of Best Buy Logos in a Promotion is subject to pre-approval by Best Buy as set forth in Section 4 below.
Company may produce advertising or promotional materials that feature logo(s) owned by or licensed to Best Buy and/or the BEST BUY trademark or any other trademark owned or licensed by Best Buy ("Best Buy Logos"), only if such use is specifically pre-approved in writing by Best Buy, and only as appropriate, in connection with a Promotion for the sole purpose of identifying the source of the Gift Cards. Any use of Best Buy Logos in any such advertising or promotional material shall comply with the Best Buy rules and procedures relating to their use and shall inure to the benefit of Best Buy. To obtain approval, send Company materials, both pre- and post-production, to firstname.lastname@example.org. Any unapproved use of Best Buy Logos constitutes a material breach of this Agreement and will cause irreparable harm to Best Buy. As a result, Company agrees that Best Buy is entitled to injunctive relief, without having to post a bond, and such other relief to which it may be entitled. In addition, any advertising or promotional material relating to a Promotion shall contain the statement, "Best Buy does not sponsor, endorse, approve or have any responsibility for this promotion. BEST BUY, the BEST BUY logo, and the tag design, are trademarks of Best Buy and its affiliated companies." Upon the expiration or termination of this Agreement, any and all rights to use Best Buy Logos shall cease. In the event that Company provides Best Buy with its logo, trademark or other content for use in any customization project, promotion or communication ("Company Material"), Company represents and warrants that Company has the rights and license to use, and to permit Best Buy to use the Company Material provided to Best Buy and that Company Material does not infringe or violate the rights of any third party.
In addition to the representations and warranties contained elsewhere in this Agreement, Company represents and warrants that (i) it has full right and legal authority to enter into and perform under this Agreement; (ii) it shall comply with all federal, state and local laws and regulations applicable to this Agreement and the issuance of Gift Cards and (iii) it will not sell more than Six Thousand Dollars ($6,000) of Gift Cards to any person in one day.
"Confidential Information" includes, but is not limited to, any information provided hereunder related to the Gift Cards or Promotions in which Gift Cards are being offered; business plans, processes and data; planned and future products and promotions; any information designated as confidential; and any information which is not generally known to the public. Each party agrees that it shall not disclose the other party’s Confidential Information to any third party, either directly or indirectly, without the express written consent of the other party, provided that each party may disclose to its employees and agents as may be necessary to perform its obligations hereunder. Each party shall protect the Confidential Information of the other with a level of care equal to that used to protect its own Confidential Information, but in no event less than reasonable care. Confidential Information shall not include information that: (i) the receiving party can establish was known by it prior to this Agreement; (ii) was lawfully obtained from a third party, free of any obligation of confidence; (iii) was independently developed by the receiving party without any reliance on the Confidential Information of the disclosing party; (iv) is or becomes publicly known through no wrongful act of the receiving party; or (v) is required to be disclosed pursuant to applicable legal and/or regulatory requirements, after reasonable notice if provided to the other party. The above confidentiality obligations shall survive termination of this Agreement.
Company shall indemnify, defend and hold Best Buy harmless from and against any claims, suits, causes of action, liabilities, damages, judgments, losses, costs and expenses (including reasonable attorney’s fees) to the extent they arise out of or in connection with (i) a breach or default of any provision under this Agreement by Company, (ii) any negligent act or omission or willful misconduct of Company or its directors, officers, employees, agents or assigns in connection with this Agreement, (iii) failure to comply with applicable laws and regulations, and (iv) any Promotion. Best Buy shall give Company prompt written notice of any such claim, suit or action. The indemnification obligations contained in this Section 7 shall survive termination of this Agreement.
This Agreement shall be governed by and construed in all respects in accordance with the laws of the State of Minnesota. The parties consent to the jurisdiction of the state and federal courts located in Minneapolis, Minnesota.
Nothing contained in this Agreement shall be construed to create a partnership, joint venture, employment or agent relationship. Neither party shall have the ability to obligate or bind the other in any manner whatsoever.
This Agreement may not be assigned by Company without the prior written consent of Best Buy.
The sale of Gift Cards to Company is not eligible for, and will not result in, the issuance of My Best Buy Program points to the Company or any officer, employee or agent of the Company.
This Agreement constitutes the entire understanding between the parties with respect to the subject matter contained herein and shall supersede any and all other agreements, oral or written. Any waiver, modification or addendum to this Agreement must be in writing and signed by the party against whom enforcement is being sought. All purchase orders submitted by Company and accepted by Best Buy are expressly subject to the terms of this Agreement. In the event of a conflict between the terms of this Agreement and any purchase order or other document submitted by Company, the terms of this Agreement shall govern.
Terms and Conditions April 2016.
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