SERVICES
Subcontractor (the Client) agrees to provide true and accurate information to MJS (the Provider) on General Contractors that the Client is currently or provides future services. The Client agrees to provide this information via surveys conducted by the Provider. The Provider will audit the information received by the Client via these surveys on a random basis.
The Provider agrees to provide information received via surveys on various General Contractors through a Subscription Service through its website -
www.theSubReporter.comThe Client agrees to subscribe to the SubReporter database for agreed subscription rate.
The Client rights can be suspended and/or terminated for providing false information on General Contractors and for refusal to consent to the audit of the information
the Client has submitted to
the Provider.
Suspended and/or terminated accounts are non refundable.
DISCLAIMERThe Provider does not endorse or support the information provided by
the Client via surveys conducted by
the Provider on General Contractors, but is merely a vehicle by which information is obtained on General Contractors and transferred to the Subscriber of the SubReporter.
INDEMNITYThe Client agrees to indemnify, defend, and hold
the Provider and its successors, officers, directors, agents and representatives harmless from any and all actions, causes of action, claims, demands, costs, liabilities, expenses and damages (including attorneys' fees) arising out of, or in connection with any breach of this Contract.
RELATIONSHIP OF PARTIESIn making and performing this agreement,
the Provider acts and shall act at all times as an independent contractor, and nothing contained herein shall be so construed or applied as to create or imply the relationship of employer/employee between the parties hereto.
ASSIGNMENTNo rights arising under this agreement are assignable, and no duties are delegable to any persons other than the undersigned parties.
MISCELLANEOUS(a)
Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. The venue for any dispute shall be in District Court of the State of Texas.
(b)
Entire Agreement. This Agreement contains the entire agreement and understanding between the parties hereto and supersedes any prior or contemporaneous written or oral agreements, representations, and warranties between them respecting the subject matter hereof.
(c)
Amendment. This Agreement may be amended only by writing signed by Subcontractor and by a duly authorized representative of MJS.
(d)
Severability. If any term, provision, covenant, or condition of this Agreement, or the application thereof to any person, place or circumstance, shall be held to be invalid, unenforceable or void, the remainder of this Agreement and such term, provision, covenant, or condition as applied to other persons, places, and circumstances shall remain in full force and effect.
(e)
Rights Cumulative. The rights and remedies provided by this Agreement are cumulative, and the exercise of any right or remedy by either party hereto (or by its successor), whether pursuant to this Agreement, to any other agreement, or to law, shall not preclude or waive Company’s right to exercise any or all other rights and remedies.
(f)
Nonwaiver. No failure or neglect of either party hereto in any instance to exercise any right, power, or privilege hereunder or under law shall constitute a waiver of any other right, power, or privilege in any other instance. All waivers by either party hereto must be contained in a written instrument signed by the party to be charged, and in the case of the Company, by an officer of the Company or other persons duly authorized by the Company.
(g)
Notices. Any notice, request, consent or approval required or permitted to be given under this agreement or pursuant to law shall be sufficient if in writing, and if and when sent by certified or registered mail, with postage prepaid, to
the Client or
the Provder's principal office, as the case may be.
(h)
Disputes. This Agreement shall be interpreted in accordance with the laws of the State of Texas, applicable to agreements executed and to be wholly performed therein. Any controversy or claim arising out of or in relation to this Agreement or the validity, construction, or performance of this Agreement, or the breach thereof, shall be resolved by arbitration in accordance with the rules and procedures of AFMA, as said rules may be amended from time to time with rights of discovery if requested by the arbitrator. Such rules and procedures are incorporated and made a part of this Agreement by reference. If AFMA shall refuse to accept jurisdiction of such dispute, then the parties agree to arbitrate such matter before and in accordance with the rules of the American Arbitration Association under its jurisdiction in Texas before a single arbitrator familiar with entertainment law. The parties shall have the right to engage in pre-hearing discovery in connection with such arbitration proceedings. The parties agree hereto that they will abide by and perform any award rendered in any arbitration conducted pursuant hereto, that any court having jurisdiction thereof may issue a judgment based upon such award and that the prevailing party in such arbitration and/or confirmation proceeding shall be entitled to recover its reasonable attorneys' fees and expenses. The arbitration will be held in Texas, and any award shall be final, binding, and non-appealable. The Parties agree to accept service of process in accordance with the AFMA Rules.
WE THE SUBSCRIBER hereby accept and agree to the terms and conditions of this contract, And acknowledge receipt of a copy thereof. In addition, this contract contains the final and entire agreement between the parties hereto, and any future terms, conditions, statements, or representations shall not bind them, unless an agreement is made in writing between the undersigned parties.