MERCHANT TERMS AND CONDITIONS
These Terms and Conditions are provided to support the fundraising and promotional efforts of School/Organization in partnership with SMASH. In exchange for participation in a community discount program, the participating business ("Merchant") will receive advertising through various fundraising materials selected by SMASH and School/Organization. These Terms and Conditions will remain in effect through the printed expiration date on the selected Product and, unless the Merchant opts out or has elected manual renewal, will automatically continue for future fundraising cycles, as explained in Section 8.
In appreciation of this collaboration and the mutual benefits involved, SMASH and the Merchant agree to the following:
1. Product. The fundraising/promotional item(s) chosen by School/Organization and supported by the Merchant are referred to as the "Product." A Product may be in physical or digital form, with digital Products hosted on the Platform. "Platform" means MoneyDolly or any other platform designated by SMASH, and "Platform Provider" means the operator of the Platform (currently MoneyDolly, LLC, or such other provider as SMASH may designate). School/Organization refers to any school, booster club, youth program, or other organization partnering with SMASH for fundraising purposes.
2. Discount. The promotional discount offers entered on page 1 of the form under "Repeat Use Offer," "Limited Use Offer," or similarly titled fields are referred to as the "Discount." SMASH may adjust the wording of the Discount for clarity, design consistency, or formatting, as long as the intended value and meaning remain the same. SMASH is not obligated to use every or any Discount provided.
3. Honoring the Discount. Merchant agrees to honor the Discount described in the online form through the expiration date printed on the Product, not to exceed 1.5 years from when the Product is distributed. Merchant may change or cancel participation at any time as described in Section 7.
4. Promotional Use and License. SMASH will do its best to present the Merchant's Discount, logos, business name, and address clearly and attractively on the Product and in related promotional materials, including websites affiliated with SMASH. Merchant grants a limited license for this use as long as their Discount remains active. Additionally, Merchant allows SMASH to show past Products, including logos and Discounts, for general promotional or illustrative purposes.
5. Logos and Artwork. Merchant will use its best efforts to provide a logo or artwork. If a logo isn't provided, Merchant gives permission to SMASH to use one publicly available from the Merchant's storefront, website, or social media. If no suitable logo is available, SMASH may use the Merchant's name in a standard font in place of a logo.
6. No Cost. There is no fee or payment required from the Merchant. This is a no-cost promotional opportunity. SMASH will cover all costs related to designing, producing, and printing the Product, as well as running incentive and administrative programs.
7. Changing or Canceling. Merchant may request a change to or cancellation of its Discount at any time by replying to any communication from SMASH, visiting the SMASH website, or contacting SMASH directly; no formal notice or paperwork is required. Requests made before a campaign's Products have been produced and distributed will be applied to that campaign. Once a campaign's Products have been produced and distributed, the offers on those Products remain valid through their printed expiration date, as described in Section 3; SMASH will make reasonable efforts to accommodate a requested change or cancellation to offers already in circulation where practical, but is not obligated to make changes that would, in SMASH's judgment, materially diminish the value of Products already distributed to supporters.
8. Renewal. While participating, the Merchant's Discount carries over automatically from one campaign to the next, so no action is required to remain enrolled. In special circumstances, a Merchant may arrange a manual annual renewal option with SMASH, under which the Merchant must actively re-sign each year to remain on the program.
9. Check-Ins. Before each annual fundraising cycle (starting in August), SMASH will check in with the Merchant by email, text, or in person to confirm the current Discount and provide the opportunity to update it, leave it unchanged, or cancel before the next campaign is produced. It is the Merchant's responsibility to keep contact information current so that these check-ins are received.
10. Platform Management. SMASH manages all aspects of the Discount on the Platform. This includes promotion, communication, and social media. The Platform Provider is not responsible for enforcing or tracking Discount usage. SMASH and Merchant agree to communicate directly about any issues.
11. National Businesses. The Platform Provider may work with national businesses. Local Providers may recommend national merchants. If SMASH brings on a Merchant, SMASH remains responsible for any issues that arise, and the Platform Provider is not liable for those matters.
Additional Terms
12. Text Message Consent. By opting in to receive text message check-ins, Merchant gives SMASH permission to send SMS communications related to the Discount program and renewal. Message and data rates may apply. Merchants may opt out of text messaging at any time by replying "STOP" or contacting SMASH.
13. General Provisions. Merchant agrees to the Terms above, which will remain valid even if the Merchant's business changes ownership or structure. Merchant also agrees to maintain general liability insurance and to hold School/Organization, SMASH, and the Platform Provider harmless for any issues arising on Merchant premises related to use of the Discount. If legal action occurs, the prevailing party may recover attorney's fees. If one part of these Terms is found unenforceable, the rest will remain valid.
Electronic Signatures
Electronic signatures—including clicks, taps, or checkboxes—will be treated the same as handwritten signatures. All parties agree that digital or electronic agreement to these Terms is valid and legally binding, provided records are accurate and accessible.