|This Listing Agreement outlines the terms and conditions regarding the use by Program Marketer ("Marketer") of PEARLS™: Prepaid's Referral Listing Service.
PEARLS™: Prepaid's Referral Listing Service.
Prepaid Resources maintains and operates PEARLS™: Prepaid's Provider Referral Listing Service. Independent card program managers ("Program Managers") have joined PEARLS to secure leads to Marketers seeking to develop or enhance prepaid debit card programs ("Program"). Marketers enlist into PEARLS and describe their Program. PEARLS ascertains the Marketers' Program requirements; matches the Program to compatible Program Managers and assists those Marketers to effectuate a definitive service agreement with the selected Program Manager (the "Definitive Service Agreement").
Marketer enlists in PEARLS providing detailed information regarding its Program. PEARLS extracts these details to identify the information that an in-network Program Manager shall reasonably require in evaluating the Marketer, its Program and such other considerations (collectively, "Requirements") that may lead to the Definitive Service Agreement. PEARLS shall utilize its best efforts to match Marketerís Program Requirements with Program Managerís capabilities, connect Marketer to compatible Program Managers and assist Marketer in securing and evaluating competitive service proposals. Prepaid Resources does not guarantee the performance of referred Program Managers.
- Access to Information. Marketer grants to Prepaid Resources the right to publish a general listing description of Marketerís Program for the purpose of enabling Prepaid Resources to perform its responsibilities hereunder.
- Confidentiality. Marketer authorizes Prepaid Resources to discuss the Program with In-Network Program Managers. Marketer shall, in its discretion, enter into separate non-disclosure agreements with In-Network Program Managers so that it may provide access to all information reasonably requested concerning Marketer's business and Program Opportunity. Prepaid Resources shall not be liable for the unauthorized disclosure by an In-Network Provider of Marketer's confidential information.
- Good Faith Negotiations. Marketer agrees in good faith to negotiate and work with Prepaid Resources and referred In-Network Providers towards the execution of a Definitive Service Agreement.
- Public Announcement. Marketer and Prepaid Resources mutually agree that no party shall issue any press release or make any public announcement of the contemplated or executed Definitive Service Agreement, or any proposed terms and conditions, without the prior written consent of the other party, except where a public announcement is required by law.
- Ownership. The parties hereto acknowledge and agree that no right, title or interest to any tangible or intangible property owned by, or licensed to, a party is transferred or otherwise conferred to the other party pursuant to this Listing Agreement.
- Expenses. Each party shall pay its own fees and expenses and those of its agents, advisors, attorneys and accountants with respect to the negotiation of this Listing Agreement and the resulting Definitive Service Agreement.
- Termination. This Listing Agreement shall terminate upon the conclusion of the Subscription Period.