AGREEMENT
THIS AGREEMENT is made by and between Yuletide Tree Gift, Inc., of 56 Green Lane, Sherborn, MA 01770 (hereinafter called "Yuletide"); and you (hereinafter called "Grower").
Yuletide and the Grower understand and agree as follows:
1. Yuletide has contracted with the National Christmas Tree Association (hereinafter called "NCTA"), participating State Christmas Tree Growers Associations (hereinafter called "State Associations") and philanthropic organizations, with the intent of Yuletide to distribute unique Holiday Gift Cards (hereinafter called "Giftcards") that provide substantial savings at national retail stores. The Giftcards are to be given free of charge to customers purchasing Real Trees and Wreaths at the beginning of the 2007 Christmas Season (hereinafter called the "Yuletide Program").
2. The Yuletide program is intended to promote the sale of Real Tree and Wreath sales during the holiday season. Growers will benefit directly by increased sales since consumers will be motivated to purchase Real Trees and Wreaths since they will receive the valuable Giftcards free of charge with their purchase. Growers will also indirectly benefit from substantial payments to and used by State Associations, the NCTA, and substantial donations to industry philanthropies, including The Salvation Army.
3. In order for the Yuletide program to work, Yuletide requires the cooperation and participation of Christmas tree growers nationwide to maximize the distribution of Giftcards. The more Giftcards that are given out, the more they will be redeemed, resulting in more money to the Yuletide participants.
4. By accepting this Agreement and thereby agreeing to participate in the Yuletide program, the Grower agrees to the following:
a. The Grower shall use his/her best efforts to calculate the quantity of Giftcards that the Grower anticipates he/she will need for the 2007 holiday season. This calculation should be based in large part upon the actual tree harvest and sales figures from the 2006 season. The Grower shall submit to Yuletide on the form provided to the Grower the following information: (1) the Grower's name, address and contact information (phone number and fax/email if available); (2) the number of trees shipped/sold during the 2006 Christmas season; and (3) the number of Giftcards the Grower anticipates distributing with his/her Real Trees for the 2007 Christmas Season.
b. Grower shall include the actual number of Giftcards shipped with the Christmas trees and/or wreaths on each Bill of Lading accompanying each shipment of Christmas trees and/or wreaths shipped from the Grower's farm.
c. The Grower understands and agrees that the Giftcards may be distributed with trees sold at their "Choose and Cut" location(s) or accompany Real Trees and Wreaths shipped to a retail location. The Giftcards may not be sold. However, the Grower has the option to reasonably increase the price of his/her trees to reflect the savings that the consumer will receive when the consumer redeems his/her Giftcard.
5. Unless otherwise agreed to by the Grower and Yuletide, this Agreement shall remain in effect for a period of five (5) years from the date hereof unless either Yuletide or the Grower gives acceptable written notice to the other of its intent to terminate this Agreement.
6. This Agreement contains the entire understanding and agreement of the parties; replaces all prior agreements and understandings between the parties, cannot be amended except in writing, and shall be construed, governed, and enforced under the laws of the Commonwealth of Massachusetts.
IN WITNESS WHEREOF, Yuletide Tree Gift, Inc. and you (Grower) have signed or otherwise indicated their acceptance of this Agreement as of this day.