MERCHANT COLONEL CARD AGREEMENT APPLICATION

THREE YEAR TERM

Name of Business (Include Store Number if Applicable)

Business Address (Include City and Zip Code)

Name of Store Manager

Business Phone NumberBusiness FAX Number

Corporate Owner Name (The entity that owns the above business)

Corporate Owner Address Corporate Phone Number

(Include City and Zip Code)

Name of StateType of Corporate Entity

Where business was incorporated(Examples: Sub corp., C Corp.)

Name and Corporate Title of person signing legal agreement

Number of years in businessYears business has been at this location

Type or Description of BusinessAlcohol sold on premises (Yes/No)

(Examples: Fast Food, Convenience)

Reimbursement Address (Where you want checks mailed)

Return this form to:

Joseph Bernard

Colonel Card

NichollsStateUniversity

P. O. Box 2045

Thibodaux, LA70310

COLONEL CARD AGREEMENT

This Agreement is hereby made between NichollsStateUniversity, Thibodaux, LA, (hereinafter referred to as “Nicholls”) and , having a principal place of business at , herein referred to as “Merchant”). The parties hereto agree and covenant as follows:

PURPOSE

For the convenience of the students, faculty, and staff, Nicholls agrees to contract with the above party for the purpose of accepting Colonel Cash as a form of payment at the Merchant’s place of business.

IN STORE

Nicholls asks that the Merchant’s cashier first verify by visual inspection that the person in possession of the Colonel Card is the person pictured in the photo on that card. Then theMerchant’s cashier will scan the Colonel Card through the Colonel Card terminal, thus deducting the amount of the purchase from the users Colonel Cash account.The Merchant is asked to not refund cash at any point in time to Colonel Card users. All individuals requesting a refund for a purchase that was paid for with their Colonel Cash must have the entire amount of the refund credited to the card.

The Merchant acknowledges that Nicholls will not be liable for payment for any Colonel Card transactions made on a lost or stolen Colonel Card.

The Merchant must be in compliance with all state laws that apply to the sale of alcohol, tobacco, and obscene material. The Merchant is responsible for verifying the age on any purchases made for alcohol, tobacco, or obscene material.

FINANCIAL

The Merchant will be provided with ( ) Colonel Card terminal(s)after a leasing fee of $170 per Colonel Card terminal is received to lease equipment from university. The Merchant also agrees to pay a leasing fee of $170 per year for the following two years for each Colonel Card terminal leased from Nicholls.

If the Merchant terminates the contract before paying all threelease payments, the Merchant must pay Nicholls the remaining balance of the Colonel Card terminal value, up to $510.

The Merchant’s gross sale percentage schedule for sales made by Merchant arising from use of the Colonel Card is as follows:

  • During the first lease year, Nicholls agrees to pay the Merchant 95% of gross sales using the Colonel Card.
  • During the second lease year, Nicholls agrees to pay the Merchant 94% of gross sales using the Colonel Card .
  • During the third lease year and each subsequent year thereafter while Nicholls and Merchant continue this agreement unless otherwise amended, Nicholls agrees to pay the Merchant 93% of gross sales using the Colonel Card.

The Merchant agrees to remit all applicable sales tax to the State of Louisiana. The Merchant also agrees to comply with all federal, state, and local codes.

The Merchant shall comply with all government health codes regarding services performed under this agreement. The Merchant shall provide proof of possessing all state and local licenses and permits necessary to conduct business.

Nicholls will furnish the Merchant with monthly reports indicating net transaction totals and customer counts. Nicholls will paythe Merchant on a monthly basis all monies due. Nicholls will process payment no later than fifteen (15) University working days after month end.

INDEMNIFICATION

The Merchant shall indemnify and save and hold harmless, Nicholls, the State of Louisiana, Board of Supervisors, officers, agents, and employees, from and against any claims of loss, liability, injury, or damage to persons or property. Indemnification shall include expenses (including but not limited to reasonable attorney fees) for injury, death, loss or damage of whatever nature to any person, property or any other claims by the Merchant or officers, employees, agents, customers, licensees, invites, or any other person, form or corporation resulting from the use of and participation in the Colonel Card Program.

OFF LINE TRANSACTIONS

The equipment will not accept Colonel Cash when offline. If at any time, the Colonel Card equipment at the Merchant’s location indicates an off-line status, the Merchant shall refer to the directions in the manual provided by the Colonel Card Office to bring the equipment on line. Merchants shall notify Joe Bernard at (985) 448-4967 or email f the problem is not resolved or for other equipment problems.

EQUIPMENT REQUIREMENTS

An Ethernet (broadband) Internet connection and a dedicated IP address provided by the Merchants internet service provider are required. All networking and internet service charges to connect the Colonel Card terminal will be at the expense of the Merchant.

LOSS OR DAMAGE OF EQUIPMENT

In no event shall Nicholls be liable for any losses, damages, or expenses incurred by Merchant due to failure of the Colonel Card equipment to operate properly.

The equipment provided to Merchant isleased to the Merchant, but owned by Nicholls.The Merchant is responsible for securing the Colonel Card terminal making sure the device is not lost, stolen, or damaged. Loss, theft, or damage to the Colonel Card terminal will result in the Merchant being charged the cost to repair the damaged equipment or charged a lump sum payment of the remaining balance not paid in lease fees of the reader’s value, up to $510. If a new Colonel Card terminal is needed, the Merchant must pay three annual payments of $170 for the new equipment and shall not be given credit for lease payments made previously on other Colonel Card terminals.

ADVERTISING

The Colonel Cash program will provide signage for Merchant’s business as well as assist Merchant in marketing specific Colonel Cash specials. Nicholls reserves the right to promote Merchant’s businessas a Colonel Cash partner on social media, print publications, at university orientations, on the Nicholls website, and other mediums that Nicholls may choose to advertise using.

Merchant may request permission from Nicholls to use university approved logos for Merchant’s marketing of the Colonel Card program. The Merchant shall contact Kristen Anselmi, Marketing and Communications Specialist for Auxiliary Services at Nicholls, forapprovalto use any customer generated advertisements that contain the Nicholls name, Colonel Card or Colonel Cash name, as well as any official university logos. Kristen Anselmi can be contacted at (985)493-2643 and emailed .

Nicholls reserves the right, at its sole discretion, to grant Merchant’s request to use approved logos. Nicholls further reserves the right to withdraw its agreement to allow Merchant to use approved logos at any time, regardless of reason. In such case, Nicholls shall notify Merchant in writing of its decision and Merchant agrees to immediately cease using the logo and within thirty (30) days return any printed materials in Merchant’s possession developed that display and/or use Nicholls approved logos.

GOVERNING LAWS

This agreement shall be governed by and in accordance with the laws of the State of Louisiana. Any legal action arising pursuant to this agreement shall be brought in a court of competent jurisdiction in the State of Louisiana.

TERM OF AGREEMENT

The term of this agreement shall be for three years beginning on and ending on . Upon expiration, the parties may mutually agree to renew and extend this agreement for additional one year terms on an unlimited basis. The Merchant shall be notified 30 days prior to the end of the agreement period of Nicholls’ intent to renew or terminate the contract.

Failure by Merchant to perform its duties under this agreement shall be cause for cancellation of the agreement by Nicholls. Either party may cancel this agreement at any time, and for any reason, with 30 days written notice. In the event either party of this agreement exercises its rights to terminate this agreement as herein provided, as of the date of termination, neither party shall have any further obligation or liability hereunder. The Colonel Card terminal must be returned to Nicholls if the contract is terminated. Failure to do so will result in the obligation of Merchant to make a lump sum payment of the value of the Colonel Card terminalto Nicholls at time of termination of this agreement.

Agreed to on this ____ day of ______, 2017 by the duly appointed representatives of the parties as identified below. The representatives of the parties hereto have signed this agreement in the presence of the undersigned competent witnesses, who along with said representatives, have affixed their signatures hereto below.

MERCHANT:NICHOLLS:

______NICHOLLS STATE UNIVERSITY

Name:Name:

Date ______Date ______

Title______Title______

WITNESS:WITNESS:

______

Name:Name: