
Annual Commitment
Participation in the MGSites Program (the “Program”) is a 12-month, non-cancellable commitment.
Tracking Phone Numbers
The Program does not include a SMART tracking phone number (“ad-tracking” telephone number). It is the sole responsibility of the participating dealer to purchase and maintain any customized phone numbers utilized on the website.
Payments
Program payments will be billed in one installment via electronic invoice and is due upon receipt. Invoice will include the MGSites Base Program Package of $4,188 as well as any charges related to additional services selected during enrollment.
Amendments, Modifications, or Exceptions
Mediagistic reserves the right to amend, modify, or cancel the program, or any portion at any time. Amendments are not effective unless they are published by Mediagistic in formal Guidelines or are signed by an authorized Mediagistic representative. Any exceptions to the program guidelines must be approved in writing by an authorized Mediagistic representative.
No Other Obligation
Mediagistic shall have no fiduciary duties or other special duties of any kind to any Dealer under the program other than as expressly set forth in these guidelines.
Legal Liability
By participating in this program, each participating Dealer warrants that its marketing programs and initiatives are in compliance with all antitrust pricing laws and federal/state/local regulations. Mediagistic does not undertake any legal responsibility for the local management and execution of their marketing programs.
Document Retention
It is the Dealer’s responsibility to maintain copies of supporting documentation and claim reimbursement paperwork for a minimum of 24 months after reimbursement. Prior to implementing any change in your record retention policies, please consult with your accountant and attorney to determine whether you need to retain these records for other business or legal purposes.
Co-op Claims Submission & Auditing
It is the sole responsibility of the Dealer to submit for manufacturer/distributor co-op reimbursements. Mediagistic will submit the website for co-op pre-approval prior to site activation and the Dealer will be provided with those pre-approval codes for use in their co-op submission. All reimbursements are subject to audit and, in the event reimbursement is received on any claim that is later determined to be ineligible, the Dealer acknowledges that their co-op account may be debited in the amount of the ineligible claim plus reasonable and customary expenses incurred for conducting the audit. After site activation, Dealer will maintain administrative access to the website and agree to follow approved HVAC Brand co-op guidelines. Mediagistic makes no guarantee of future co-op approval once Dealer is granted access to the website.
Program Violation
Violation of these guidelines may result in termination of the applicable Distributor Agreement or Dealer Sales Agreement or any portion thereof, including but not limited to an immediate revocation of any and all rights to use or display MGSites intellectual property (logo’s, trademarks, creative).
Privacy Policy Disclosure Statement
As part of this program and within MGSites’s sole discretion, MGSites collects various information to support its development and delivery of quality products, services, and programs to its consumers. In order to ensure that MGSites programs are provided and that proper quality in service is achieved, MGSites may from time to time directly contact homeowners who purchase Trane products or services to survey customer satisfaction, to evaluate homeowner’s reactions to an interest in Trane products and services, and to conduct research activities. These surveys are a result of such things as independent dealer programs, product registrations, extended warranties, etc. and may be provided to you for the homeowner’s future purchase of Trane products and services. Any information received or obtained by Trane will be held in accordance with Trane’s privacy policy, which may be obtained at www.trane.com. Trane may from time to time also directly contact homeowners when requested by the homeowner, when required by contract or law, or when a registered homeowner has not received all available coverage for its Trane products.
Cancellation
The Program requires a 12-month commitment and cannot be canceled within the commitment period. At the completion of the commitment the dealer is eligible to request cancellation and deactivation of their website. Cancellation requires thirty (30) days written notice sent via email to orders@mgsites.net. Dealer is subject to any fees incurred during the cancellation period. If no such request is made at the end of, or prior to, the 12-month commitment, the site will automatically renew for $99 per month. Thereafter the same thirty (30) days written notice for cancellation is required.
Termination
This sales plan is subject to termination or modification at any time by Mediagistic.