Partner 30

ONLINE RESTAURANT MARKETING AND SALES AGREEMENT

Quick Cuisine Partnership at 30%







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1. NATURE OF SERVICES

  • a. Quick Cuisine Hawaii’s nature of business is to provide online marketing services to restaurants and other various outside vendors for the purposes of increasing a restaurant’s or outside vendor’s individual monthly gross sales and market visibility. For such successfully delivered services, Quick Cuisine Hawaii charges sales commission(s). Quick Cuisine Hawaii openly works alongside many restaurants and vendors across many cuisines and areas of business. Quick Cuisine Hawaii conducts targeted marketing campaigns promoting all or some of their associated restaurants or vendors. These services can include but are not limited to, print, television, radio, and online advertising campaigns of any kind. Quick Cuisine Hawaii aims to market and promote client brands in innovative and new ways, and in a manner which Quick Cuisine Hawaii and its directors deem appropriate. This agreement acknowledges and permits Quick Cuisine Hawaii to use the Restaurant brand and name for the above stated purposes.

2. TERM

  • a. The term of this agreement shall automatically renew on the first day of each month. This agreement is ongoing from the initial signing date. Cancellation must be served in writing with minimum fifteen (15) days notice, unless a mutually agreeable cancellation date cannot be determined by both parties. Restaurant may be liable for any outstanding marketing obligations, should such obligations extend to a date beyond the cancellation date. No other fees apply to cancellation by either party.

3. ONLINE MARKETING AGREEMENT

  • a. Quick Cuisine Hawaii shall host and make public Restaurant’s menu and other products. Quick Cuisine Hawaii is not liable or responsible for the public perception of Restaurant, positive or negative, related or unrelated to this agreement. Quick Cuisine Hawaii shall provide customer support via public phone lines during regular business hours to assist with customer information and questions related to process of generating sales for Restaurant. Quick Cuisine Hawaii and its directors shall determine, in its best interest, the hours in which these services are offered, and reserve the right to make future changes at any moment without notice. Quick Cuisine Hawaii will provide e-commerce support and capabilities for the Restaurant at all times, when possible. Quick Cuisine Hawaii does not warrant the site has 100% uptime, nor shall it be held liable should the site malfunction for any reason. Quickcuisinehawaii.com is a portal connecting users to individual restaurants who voluntarily agree to participate. Quick Cuisine Hawaii reserves the right to sell any outside products they wish alongside Restaurant product(s), including but not limited to the sale of food and beverages, plates and utensils, or items produced or purchased in-house.

    i. DELIVERY SALES

    • a. Marketing Agent can, at the request of Restaurant, provide the Restaurant access to a ready pool of mobile waiters to convert and complete online upon customer request. In most instances, these mobile waiters are self employed. All payments under this method are processed by Quick Cuisine Hawaii on behalf of Restaurant. If these services are selected, given the cost associated with the maintenance of this business model.

4. PAYMENT

  • a. Quick Cuisine will send invoices and payment for food and beverages purchased , less or including any earned commissions, taxes, charges, fines, liabilities, in the previous Semi-month to restaurant on a semimonthly basis. Quick Cuisine will pay such amounts to Restaurant on the first business day of the next semi-month. This payment shall be made via direct deposit. A grace period of five (5) business days shall be granted to Quick Cuisine Hawaii.

5. RESTAURANT TERMS OF SERVICE

  • a. Restaurant will abide by agreement and cook, prepare, and/or sort sales/orders generated by Quick Cuisine Hawaii in accordance with the individual restaurant guidelines detailed on Exhibit A “Restaurant Profile & Hours”.
  • b. Restaurant will alert Quick Cuisine Hawaii in reasonable time to sold-out items, early closures, and other operational information that directly effects Quick Cuisine Hawaii’s nature of business and their ability to provide the services described herein.
  • c. Restaurant is liable and accountable for the taste and presentation of final delivered product and food. This includes but is not limited to the inclusion or exclusion of any items, marketing collateral, and other optional materials the restaurant wishes their consumers to have. Marketing Agent is not responsible to provide any items and is in no way responsible nor guarantees customer satisfaction in any manner
  • d. Restaurant will not prioritize or differentiate delivery or takeout orders submitted by Quick Cuisine Hawaii from orders generated directly by the restaurant or vendor, or by other means, nor give priority to patrons currently conducting business within their establishment(s).
  • e. Restaurant shall supply utensils, bags and napkins as necessary.

6. MARKETING MATERIALS AND USE RELEASE

  • By entering this partnership, restaurant agrees to release to Quick Cuisine Hawaii, for the entire term of this agreement, the right to utilize the Restaurant logo, image, brand, likeness, name, menu, items, general information and other materials submitted at any point to Quick Cuisine Hawaii for any reason, for use in targeted marketing campaigns, at the sole direction of Quick Cuisine Hawaii, to promote none, any, or all restaurants, including but not limited to the restaurant for which this particular agreement pertains, including general delivery & take-out sales, generated by Quick Cuisine Hawaii via any means, and generally for the benefit of Restaurant, as determined by Quick Cuisine Hawaii. Restaurant will hold harmless Quick Cuisine Hawaii and its directors for all damages or consequences resulting from any use or misuse of the Restaurant image, brand, or name, when used for the purposes of this agreement.

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