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 fundraising materials selected by SMASH and School/Organization. These Terms and Conditions remain in effect through the printed expiration date on the selected Product(s) and end on that date.

In appreciation of this collaboration and the mutual benefits involved, SMASH and the Merchant agree to the following:

1. Definitions

The fundraising item chosen by School/Organization and supported by the Merchant is referred to as the "Product." In Canada, the Product is a physical printed item only. School/Organization refers to any school, booster club, youth program, or other organization partnering with SMASH for fundraising purposes.

The promotional discount offers entered on the participation form under "Repeat Use Offer," "Limited Use Offer," or similarly titled fields are referred to as the "Discount."

2. Discount wording

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. Space on the Product is limited, and inclusion is not guaranteed by submission or approval of a Discount.

3. Honouring the Discount

Merchant agrees to honour the Discount as printed on the Product through the expiration date printed on the Product, not to exceed 18 months from the date the Product is first distributed.

4. Term — single fundraising cycle, no automatic renewal

This agreement covers one fundraising cycle only. It does not renew automatically. It ends on the expiration date printed on the Product, with no action required by the Merchant to end it.

If SMASH wishes to include the Merchant in a future fundraising cycle, SMASH will contact the Merchant and obtain the Merchant's express agreement to participate again. Participation in one cycle creates no obligation to participate in any future cycle.

5. Logos and promotional use

SMASH will use reasonable efforts to present the Merchant's Discount, logo, business name, and address clearly and attractively on the Product and in related promotional materials, including websites affiliated with SMASH. Merchant grants SMASH a limited, non-exclusive licence to use its name, logo, and Discount for this purpose for the duration of this agreement.

Merchant additionally permits SMASH to display past Products, including logos and Discounts, for general promotional or illustrative purposes after this agreement ends.

Merchant will use reasonable efforts to provide a logo or artwork. If a logo is not provided, Merchant permits 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 typeface in place of a logo.

6. No cost to Merchant

There is no fee or payment required from the Merchant. This is a no-cost promotional opportunity. SMASH covers all costs related to designing, producing, and printing the Product, as well as running incentive and administrative programs.

7. Administration

SMASH manages all aspects of the Discount program, including promotion, communication, and social media. SMASH and Merchant agree to communicate directly about any issues arising from the Discount.

8. Email and text communication

SMASH will contact the Merchant by email or text about this program — including artwork proofs, offer confirmations, and invitations to participate in future cycles. Every message will identify SMASH and include a way to opt out. Merchant may opt out at any time by using the unsubscribe link in any email, replying "STOP" to any text, or contacting SMASH directly. Message and data rates may apply.

9. Insurance, liability, and general

Merchant agrees to maintain general liability insurance and to hold School/Organization and SMASH harmless for any issues arising on Merchant premises related to use of the Discount.

If one part of these Terms is found unenforceable, the remainder will remain valid.

These Terms are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable in that province. The parties attorn to the courts of British Columbia.

Merchant confirms it has authority to enter into this agreement on behalf of the business. These Terms remain valid if the Merchant's business changes ownership or structure during the term.

10. 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 binding, provided records are accurate and accessible.