NATIONAL WIRELESS INDEPENDENT DEALER ASSOCIATION (NWIDA) – MEMBERSHIP TERMS AND CONDITIONS
WHEREAS, the Member is currently engaged as an independent wireless retailer and desires to engage the professional services of (NWIDA) to provide the Premier Association of independently Owned Wireless shops and to render services on the terms and conditions provided in this Agreement and;
WHEREAS, NWIDA is the national association designed for Independent Wireless Retailers and desires to render professional services for the Member at a discount as provided for in this Agreement.
NOW, THEREFORE, the Member by joining hereby engages the services of NWIDA and in consideration of the mutual promises contained in this Agreement, the parties agree as follows:
1. NWIDA’S Vendor Partners shall provide the discounts on the following services for the Member including, but not limited to:
a. Indoor/outdoor signage
b. In-store phone system
c. Store furniture/furnishings
d. Security cameras
e. IT Support
f. Credit Card Processing
g. Promotional items
j. Office Supplies
k. Educational Classes
l. Disability Insurance for Business Owners
m. HR management; and
n. Bookkeeping/Accounting Services
o. Business phones
p. Human Resource Management
r. Repair ticketing system/POS
s. IT Services
t. The provision of parts for any of the services set forth in this Paragraph One (1)
u. The provision or withdrawal of such other goods and services as may arise in the sole discretion of NWIDA during the term of this Agreement at the discretion of NWIDA’s Vendor Partner.
2. In consideration for the services to be rendered by NWIDA, the Member shall pay NWIDA the professional fee of either an Annual or Six Month Plan payable in accordance with the Current Membership Fees of NWIDA as set forth on NWIDA’s website on the date of this acknowledgement and during the course of this Agreement.
3. This Agreement shall be for a period of (One year or Six months) and shall continue in effect until completion of (One year or Six months) or until it has been terminated by Member by giving Thirty (30) day’s written notice to NWIDA. NWIDA may terminate this Agreement immediately with or without cause at any time.
Use of Agents or Assistants
4. To the extend reasonably necessary to enable NWIDA to perform the duties under this Agreement, NWIDA shall be authorized to engage the services of any agents or assistants and may further employ, engage, or retain the services of any other persons or corporations to aid or assist in the proper performance its duties under this Agreement.
Devotion of Time
5. NWIDA shall devote such time to the performance of the duties under this agreement as is reasonably necessary for a satisfactory performance. Should the Member require additional services not included in this Agreement, NWIDA shall make a reasonable effort to provide the additional services and shall be compensated accordingly.
Insurance and Indemnification
6. NWIDA shall be an independent contractor and not an employee of the Member under this Agreement and shall maintain a policy of liability insurance to cover any claims arising out of the performances of services under this Agreement. Member specifically waives and holds NWIDA harmless from any and all claims, costs, attorneys fees, penalties that may arise in the relationship with the Vendor and shall not otherwise institute any claims or suits for compensatory, consequential, incidental, punitive damages, exemplary damages or attorneys fees or costs for any tort, breach of contract or statutory violation against NWIDA arising from this Agreement. Nor shall Member file any claim or sue NWIDA for anything that may arise whether statutory or at law or in equity under this agreement and Member shall indemnify and hold NWIDA harmless for any and all damages, costs or attorneys fees in connection with same.
7. This Agreement supersedes any and all other agreements either oral or in writing between the parties with respect to the subject matter of this Agreement and no other agreement, statement or promise relating to the subject matter of this Agreement that is not contained in this Agreement shall be valid or binding.
8. Neither this Agreement nor any duties or obligations under this Agreement shall be assignable by the Member without the prior written consent of NWIDA. In the event of an assignment by the Member to which NWIDA has consented, the assignee or legal representative shall agree in writing with NWIDA to personally assumer, perform, and be bound by the covenants, obligations, and agreements contained in the Agreement.
Successors and Assigns
9. Subject to the provision regarding assignment, this Agreement shall be binding on the heirs executors, administrators, legal representatives, successors, and assigns of the respective parties.
10. If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to reasonable attorney’s fees in addition to any other relief to which he may be entitled.
11. The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the parties under this Agreement, shall be governed by the laws of the State of New Jersey.
12. This Agreement may be amended by the mutual agreement of the parties in a writing to be attached to and incorporated into this Agreement.
13. In the event that any one or more provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision and this Agreement shall be construed as if the invalid, illegal, or unenforceable provision had never been contained in this Agreement.
Last Updated 08/23/17