Common use of Preferred Vendor Programs Clause in Contracts

Preferred Vendor Programs. In addition to our approval of approved suppliers, we may develop certain programs and terms under which we, our affiliates, certain franchise owners or others receive certain negotiated benefits or terms from approved suppliers (“Preferred Vendor Programs”). You must follow all of our policies and procedures for participation in or termination of Preferred Vendor Programs (“Program Rules”). We can refuse or terminate your participation in Preferred Vendor Programs without terminating your Franchise Agreement. And, our Program Rules may include all requirements that you agreed to, and you must agree to, only place or display at the Restaurant (interior and exterior) such signs, emblems, lettering, logos and display materials that we periodically approve in connection with Preferred Vendor Programs. We may, in connection with our Preferred Vendor Programs, designate one or more approved suppliers as an exclusive or the exclusive supplier or suppliers of types, models or brands of Restaurant Materials or Operating Assets or other business services that we approve for EVOS® Restaurants as meeting our specifications and standards in such preferred vendors or other preferred vendors may be required by us to pay to us, the System Fund or through our affiliates, in a manner we designate, monies or provide other benefits as condition of our designation of them as preferred vendors or permission for them to serve as an approved supplier or preferred vendor (collectively “Preferred Vendors”). We may require, and certain approved suppliers we designate as Preferred Vendors may require, that you agree to enter into certain agreements with them (subject to our approval) in connection with our designation of them as Preferred Vendors or approved suppliers or your participation in the Preferred Vendor Program (“Preferred Vendor Agreements”). We may require that we be a party to such Preferred Vendor Agreements with Preferred Vendors. You acknowledge and agree that: (a) monies or other remuneration that we receive in connection with Preferred Vendor Programs or other benefits we receive from Preferred Vendors or approved suppliers is fair and appropriate compensation to us in connection with our active efforts to evaluate them as Preferred Vendors or approved suppliers, our ongoing efforts to monitor and evaluate whether they continue to meet our requirements for participation as Preferred Vendors or approved suppliers and our administration of Preferred Vendor Programs; and (b) such monies or remuneration are fully earned by us; and (c) we are not your agents nor does the development or implementation of such Preferred Vendor Programs create any fiduciary, vicarious or agency relationship between you and us. We and our affiliates may retain all revenue and other remuneration we receive from approved suppliers or Preferred Vendors without restriction (unless the supplier or vendor requires otherwise). We, in our sole judgment, may concentrate purchases with one or more approved suppliers or Preferred Vendors to obtain lower prices, advertising support and/or services for the benefit of us, our affiliates and EVOS® Restaurants, or for any other reason that we deem appropriate, and establish supply facilities or servicing capabilities owned by us or our affiliates which we may designate as an approved supplier or Preferred Vendor. In such instances, we may limit the number of suppliers, approved suppliers or Preferred Vendors with whom you may deal, designate sources that you must use, and refuse any request by you for another approved supplier or Preferred Vendor of any applicable product or service.

Appears in 2 contracts

Samples: Franchise Agreement, Franchise Agreement (Healthy Fast Food Inc)

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Preferred Vendor Programs. In addition to our approval of approved suppliersApproved Suppliers, we may develop certain programs and terms under which we, our affiliates, certain franchise owners franchisees or others receive certain negotiated benefits or terms from approved suppliers Approved Suppliers ("Preferred Vendor Programs"). You must follow all of our policies and procedures for participation in or termination of Preferred Vendor Programs ("Program Rules"). We can refuse or terminate your participation in Preferred Vendor Programs without terminating your Franchise Agreement. And, our Our Program Rules may include all requirements that require you agreed to agree to, and you must agree to, only place or display at the Restaurant Tavern (interior and exterior) such signs, emblems, lettering, logos and display materials that we periodically approve in connection with Preferred Vendor Programs. We may, in connection with our Preferred Vendor Programs, designate one or more approved suppliers Approved Suppliers as an exclusive or the exclusive supplier or suppliers of types, models or brands of Restaurant WOB Tavern Materials or Operating Assets or other business services that we approve for EVOS® Restaurants Taverns as meeting our specifications and standards in standards, and we may require such preferred vendors or other preferred vendors may be required by us to pay to us, the System Fund us or through our affiliates, in a manner we designate, monies or provide other benefits as a condition of our designation of them as preferred vendors or permission for them to serve as an approved supplier or preferred vendor Approved Supplier (collectively “collectively, "Preferred Vendors"). We may require, and certain approved suppliers Approved Suppliers we designate as Preferred Vendors may require, that you agree to enter into certain agreements with them (subject to our approval) in connection with our designation of them as Preferred Vendors or approved suppliers Approved Suppliers or your participation in the Preferred Vendor Program (the "Preferred Vendor Agreements"). We may require that we be a party to such Preferred Vendor Agreements with Preferred Vendors. You acknowledge and agree that: (a) monies or other remuneration that we receive in connection with Preferred Vendor Programs or other benefits we receive from Preferred Vendors or approved suppliers Approved Suppliers is fair and appropriate compensation to us in connection with our active efforts to evaluate them as Preferred Vendors or approved suppliersApproved Suppliers, our ongoing efforts to monitor and evaluate whether they continue to meet our requirements for participation as Preferred Vendors or approved suppliers Approved Suppliers and our administration of Preferred Vendor Programs; and (b) such monies or remuneration are fully earned by us; and (c) we are not your agents nor does the development or implementation of such Preferred Vendor Programs create any fiduciary, vicarious or agency relationship between you and us. We and our affiliates may retain all revenue and other remuneration we receive from approved suppliers Approved Suppliers or Preferred Vendors without restriction (unless the supplier or vendor requires otherwise). We, in our sole judgment, may concentrate purchases with one or more approved suppliers Approved Suppliers or Preferred Vendors to obtain lower prices, advertising support and/or services for the benefit of us, our affiliates and EVOS® RestaurantsWOB Taverns, or for any other reason that we deem appropriate, and establish supply facilities or servicing capabilities owned by us or our affiliates which we may designate as an approved supplier Approved Supplier or Preferred Vendor. In such instances, we may limit the number of suppliers, approved suppliers Approved Suppliers or Preferred Vendors with whom you may deal, designate sources that you must use, and refuse any request by you for another approved supplier or Preferred Vendor preferred vendor of any applicable product or service.

Appears in 1 contract

Samples: Franchise Agreement (Pacific Software, Inc.)

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Preferred Vendor Programs. In addition to our approval of approved suppliersApproved Suppliers, we may develop certain programs and terms under which we, our affiliates, certain franchise owners franchisees or others receive certain negotiated benefits or terms from approved suppliers Approved Suppliers ("Preferred Vendor Programs"). You must follow all of our policies and procedures for participation in or termination of Preferred Vendor Programs ("Program Rules"). We can refuse or terminate your participation in Preferred Vendor Programs without terminating your Franchise Agreement. And, our Our Program Rules may include all requirements that require you agreed to agree to, and you must agree to, only place or display at the Restaurant Store (interior and exterior) such signs, emblems, lettering, logos and display materials that we periodically approve in connection with Preferred Vendor Programs. We may, in connection with our Preferred Vendor Programs, designate one or more approved suppliers Approved Suppliers as an exclusive or the exclusive supplier or suppliers of types, models or brands of Restaurant WOB Store Materials or Operating Assets or other business services that we approve for EVOS® Restaurants Stores as meeting our specifications and standards in standards, and we may require such preferred vendors or other preferred vendors may be required by us to pay to us, the System Fund us or through our affiliates, in a manner we designate, monies or provide other benefits as a condition of our designation of them as preferred vendors or permission for them to serve as an approved supplier or preferred vendor Approved Supplier (collectively “collectively, "Preferred Vendors"). We may require, and certain approved suppliers Approved Suppliers we designate as Preferred Vendors may require, that you agree to enter into certain agreements with them (subject to our approval) in connection with our designation of them as Preferred Vendors or approved suppliers Approved Suppliers or your participation in the Preferred Vendor Program (the "Preferred Vendor Agreements"). We may require that we be a party to such Preferred Vendor Agreements with Preferred Vendors. You acknowledge and agree that: (a) monies or other remuneration that we receive in connection with Preferred Vendor Programs or other benefits we receive from Preferred Vendors or approved suppliers Approved Suppliers is fair and appropriate compensation to us in connection with our active efforts to evaluate them as Preferred Vendors or approved suppliersApproved Suppliers, our ongoing efforts to monitor and evaluate whether they continue to meet our requirements for participation as Preferred Vendors or approved suppliers Approved Suppliers and our administration of Preferred Vendor Programs; and (b) such monies or remuneration are fully earned by us; and (c) we are not your agents nor does the development or implementation of such Preferred Vendor Programs create any fiduciary, vicarious or agency relationship between you and us. We and our affiliates may retain all revenue and other remuneration we receive from approved suppliers Approved Suppliers or Preferred Vendors without restriction (unless the supplier or vendor requires otherwise). We, in our sole judgment, may concentrate purchases with one or more approved suppliers Approved Suppliers or Preferred Vendors to obtain lower prices, advertising support and/or services for the benefit of us, our affiliates and EVOS® RestaurantsWOB Stores, or for any other reason that we deem appropriate, and establish supply facilities or servicing capabilities owned by us or our affiliates which we may designate as an approved supplier Approved Supplier or Preferred Vendor. In such instances, we may limit the number of suppliers, approved suppliers Approved Suppliers or Preferred Vendors with whom you may deal, designate sources that you must use, and refuse any request by you for another approved supplier or Preferred Vendor preferred vendor of any applicable product or service.

Appears in 1 contract

Samples: Franchise Agreement (Pacific Software, Inc.)

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