Services Expected. ▇▇▇▇▇▇ & ▇▇▇▇▇ College shall operate the Bookstores as an independent contractor and with its own credit and preferred vendors. Services of the Bookstores shall include the following: a) The Bookstores shall be College of the Sequoias’s exclusive retail buyer and seller of all required, recommended or suggested course materials and supplies, including books delivered in all formats (digital, rental, new, or used), course packs, interactive or other courseware, computer software containing learning content, textbook rentals, open educational resources (“OER”) available for purchase, and materials published or distributed electronically, through the LMS, sold over the Internet, or through hosted e- commerce links. ▇▇▇▇▇▇ & ▇▇▇▇▇ College will provide exclusive on-line services through the Bookstores’ website including fulfillment of any distance learning material needs during the term of this Agreement. b) In order to expand affordability to students, ▇▇▇▇▇▇ & ▇▇▇▇▇ College will work with College of the Sequoias if it opts to provide a “First Day” (inclusive access) program to its students. In such event, College of the Sequoias and ▇▇▇▇▇▇ & ▇▇▇▇▇ College shall work together to negotiate publishers’ pricing of textbooks and course materials. Additionally, the parties acknowledge and agree (i) ▇▇▇▇▇▇ & ▇▇▇▇▇ College shall be the exclusive retail (e-commerce) entity permitted to either place a link on the LMS or accept sales directly from College of the Sequoias students and/or as a fee added to tuition through the LMS and (ii) College of the Sequoias shall prohibit all third parties, including but not limited to publishers and sellers of textbooks and course materials, from placing direct links within the LMS or soliciting sales directly from College of the Sequoias students and faculty through the LMS. Finally, in the event any such third parties place a link Date: DRAFT 020118 Page 2 of 11 College of the Sequoias ▇▇▇▇▇▇ & ▇▇▇▇▇ College on the LMS permitting direct sales of textbooks or course materials to College of the Sequoias students, College of the Sequoias shall remove and disable such links and retail functionality. c) The Bookstores shall be designated the exclusive agent to accept all campus debit card and financial aid transactions for bookstore merchandise typically sold in college bookstores. Payments for charge sales will be guaranteed by College of the Sequoias and are payable within 30 days of invoice date. Any unpaid balances days will be subject to 1% interest per month. d) The Bookstores shall also be College of the Sequoias’s exclusive retail “on-campus” and Internet seller of other items typically sold in college bookstores, such as books in addition to those described in (a) above, educational supplies, notebooks, stationery, desk and room accessories, gift items, class and alumni rings and jewelry, and clothing, including any and all such items bearing a College of the Sequoias emblem, logo, insignia or other identifying mark. e) COS Foundation will have the right to sell COS logo merchandise such as clothing, alumni rings, and small gifts including items bearing a College of the Sequoias emblem, logo, insignia or other identifying mark online only on the Foundation website, and at Foundation sponsored events (when applicable). f) COS Athletics will have the right to sell COS logo merchandise such as clothing, hats, jackets, shoes, championship rings, and sports-related items including items bearing a College of the Sequoias emblem, logo, insignia or other identifying mark online only on the COS Athletics website, and at Athletic events held on campus or off campus. g) College of the Sequoias shall not contract with any third party to provide any services of the type outlined in this Agreement whether on or off campus, through e-commerce sites, hyperlinks to alternate sources, or otherwise endorsed or supported by College of the Sequoias. College of the Sequoias acknowledges and agrees any attempt to circumvent ▇▇▇▇▇▇ & ▇▇▇▇▇ College by entering into any verbal or written agreement or arrangement with a third party could materially and detrimentally impact the revenue stream of this Agreement. In such event, and in the event of materially reduced enrollment or elimination by College of the Sequoias of significant programs or departments, the parties agree to discuss the renegotiation of the financial terms of the Agreement. h) The Bookstores shall be the exclusive agent for the rental and/or sale of graduation caps and gowns and commencement invitations. i) The Bookstores shall also have a non-exclusive right to sell convenience store items such as food, health and beauty items, and other sundries. j) ▇▇▇▇▇▇ & ▇▇▇▇▇ College will provide exclusive custom publishing services for College of the Sequoias. Such services will include the development of course packs for faculty members, securing the appropriate copyright clearances, printing and binding of course packs and distribution and sale of the course packs in the Bookstores. Complimentary desk copies of course packs will be provided to faculty members. k) ▇▇▇▇▇▇ & ▇▇▇▇▇ College shall provide special book order services for students, faculty, and staff and make every effort to obtain the earliest possible delivery of such books. l) ▇▇▇▇▇▇ & ▇▇▇▇▇ College shall provide charge sales for supplies for College of the Sequoias departments and offices. Payments for such charge sales shall be guaranteed by College of the Sequoias and payable within 30 days. Any unpaid balances will be subject to 1% interest per month. m) ▇▇▇▇▇▇ & ▇▇▇▇▇ College will allow full-time faculty and staff of College of the Sequoias a 10% discount on all merchandise available at the Bookstores except adopted textbooks, special orders, sale books, class and alumni rings, computer software, periodicals, discounted merchandise, computer hardware, stamps, health and beauty aids, food snacks, and beverages. Date: DRAFT 020118 Page 3 of 11 College of the Sequoias ▇▇▇▇▇▇ & ▇▇▇▇▇ College n) ▇▇▇▇▇▇ & ▇▇▇▇▇ College will offer a 20% discount on all authorized departmental purchases except adopted textbooks, special orders, sale books, class and alumni rings, computer software, periodicals, discounted merchandise, computer hardware, stamps, health and beauty aids, food snacks, and beverages. o) College of the Sequoias shall not accept advertising, permit tabling or other promotional activities by any seller of college textbooks and/or course supplies other than the Bookstores at any event sponsored by College of the Sequoias or located on the College of the Sequoias campus. p) ▇▇▇▇▇▇ & ▇▇▇▇▇ College will work with College of the Sequoias in new student orientation, alumni and faculty outreach through the Igniting the New Student Connection, Igniting the Alumni Connection and Igniting the Faculty Connection programs. To facilitate these programs, College of the Sequoias will provide ▇▇▇▇▇▇ & ▇▇▇▇▇ College with all enrolled student, parent, alumni and faculty email lists on an annual basis. q) ▇▇▇▇▇▇ & ▇▇▇▇▇ College, in conjunction with College of the Sequoias, will implement ▇▇▇▇▇▇ & ▇▇▇▇▇ College’s Campus Connect Technologies, including but not limited to registration, student financial aid, LMS and FacultyEnlight integrations, and enrollment feeds.
Appears in 1 contract
Sources: Agreement for Bookstore Services
Services Expected. ▇▇▇▇▇▇ & ▇▇▇▇▇ College shall operate the Bookstores as an independent contractor and with its own credit and preferred vendors. Services of the Bookstores shall include the following:
a) The Bookstores shall be College of the Sequoias’s exclusive retail buyer and seller of all required, recommended or suggested course materials and supplies, including books delivered in all formats (digital, rental, new, or used), course packs, interactive or other courseware, computer software containing learning content, textbook rentals, open educational resources (“OER”) available for purchase, and materials published or distributed electronically, through the LMS, sold over the Internet, or through hosted e- commerce links. ▇▇▇▇▇▇ & ▇▇▇▇▇ College will provide exclusive on-line services through the Bookstores’ website including fulfillment of any distance learning material needs during the term of this Agreement.
b) In order to expand affordability to students, ▇▇▇▇▇▇ & ▇▇▇▇▇ College will work with College of the Sequoias if it opts to provide a “First Day” (inclusive access) program to its students. In such event, College of the Sequoias and ▇▇▇▇▇▇ & ▇▇▇▇▇ College shall work together to negotiate publishers’ pricing of textbooks and course materials. Additionally, the parties acknowledge and agree (i) ▇▇▇▇▇▇ & ▇▇▇▇▇ College shall be the exclusive retail (e-commerce) entity permitted to either place a link on the LMS or accept sales directly from College of the Sequoias students and/or as a fee added to tuition through the LMS and (ii) College of the Sequoias shall prohibit all third parties, including but not limited to publishers and sellers of textbooks and course materials, from placing direct links within the LMS or soliciting sales directly from College of the Sequoias students and faculty through the LMS. Finally, in the event any such third parties place a link Date: DRAFT 020118 Page 2 of 11 College of the Sequoias ▇▇▇▇▇▇ & ▇▇▇▇▇ College on the LMS permitting direct sales of textbooks or course materials to College of the Sequoias students, College of the Sequoias shall remove and disable such links and retail functionality.
c) The Bookstores shall be designated the exclusive agent to accept all campus debit card and financial aid transactions for bookstore merchandise typically sold in college bookstores. Payments for charge sales will be guaranteed by College of the Sequoias and are payable within 30 days of invoice date. Any unpaid balances days will be subject to 1% interest per month.
d) The Bookstores shall also be College of the Sequoias’s exclusive retail “on-campus” and Internet seller of other items typically sold in college bookstores, such as books in addition to those described in (a) above, educational supplies, notebooks, stationery, desk and room accessories, gift items, class and alumni rings and jewelry, and clothing, including any and all such items bearing a College of the Sequoias emblem, logo, insignia or other identifying mark.
e) COS Foundation will have the right to sell COS logo merchandise such as clothing, alumni rings, and small gifts including items bearing a College of the Sequoias emblem, logo, insignia or other identifying mark online only on the Foundation website, and at Foundation sponsored events (when applicable).
f) COS Athletics will have the right to sell COS logo merchandise such as clothing, hats, jackets, shoes, championship rings, and sports-related items including items bearing a College of the Sequoias emblem, logo, insignia or other identifying mark online only on the COS Athletics website, and at Athletic events held on campus or off campus.
g) College of the Sequoias shall not contract with any third party to provide any services of the type outlined in this Agreement whether on or off campus, through e-commerce sites, hyperlinks to alternate sources, or otherwise endorsed or supported by College of the Sequoias. College of the Sequoias acknowledges and agrees any attempt to circumvent ▇▇▇▇▇▇ & ▇▇▇▇▇ College by entering into any verbal or written agreement or arrangement with a third party could materially and detrimentally impact the revenue stream of this Agreement. In such event, and in the event of materially reduced enrollment or elimination by College of the Sequoias of significant programs or departments, the parties agree to discuss the renegotiation of the financial terms of the Agreement.
h) The Bookstores shall be the exclusive agent for the rental and/or sale of graduation caps and gowns and commencement invitations.
i) The Bookstores shall also have a non-exclusive right to sell convenience store items such as food, health and beauty items, and other sundries.
j) ▇▇▇▇▇▇ & ▇▇▇▇▇ College will provide exclusive custom publishing services for College of the Sequoias. Such services will include the development of course packs for faculty members, securing the appropriate copyright clearances, printing and binding of course packs and distribution and sale of the course packs in the Bookstores. Complimentary desk copies of course packs will be provided to faculty members.
k) ▇▇▇▇▇▇ & ▇▇▇▇▇ College shall provide special book order services for students, faculty, and staff and make every effort to obtain the earliest possible delivery of such books.
l) ▇▇▇▇▇▇ & ▇▇▇▇▇ College shall provide charge sales for supplies for College of the Sequoias departments and offices. Payments for such charge sales shall be guaranteed by College of the Sequoias and payable within 30 days. Any unpaid balances will be subject to 1% interest per month.
m) ▇▇▇▇▇▇ & ▇▇▇▇▇ College will allow full-time faculty and staff of College of the Sequoias a 10% discount on all merchandise available at the Bookstores except adopted textbooks, special orders, sale books, class and alumni rings, computer software, periodicals, discounted merchandise, computer hardware, stamps, health and beauty aids, food snacks, and beverages. Date: DRAFT 020118 Page 3 of 11 College of the Sequoias ▇▇▇▇▇▇ & ▇▇▇▇▇ College.
n) ▇▇▇▇▇▇ & ▇▇▇▇▇ College will offer a 20% discount on all authorized departmental purchases except adopted textbooks, special orders, sale books, class and alumni rings, computer software, periodicals, discounted merchandise, computer hardware, stamps, health and beauty aids, food snacks, and beverages.
o) College of the Sequoias shall not accept advertising, permit tabling or other promotional activities by any seller of college textbooks and/or course supplies other than the Bookstores at any event sponsored by College of the Sequoias or located on the College of the Sequoias campus.
p) ▇▇▇▇▇▇ & ▇▇▇▇▇ College will work with College of the Sequoias in new student orientation, alumni and faculty outreach through the Igniting the New Student Connection, Igniting the Alumni Connection and Igniting the Faculty Connection programs. To facilitate these programs, College of the Sequoias will provide ▇▇▇▇▇▇ & ▇▇▇▇▇ College with all enrolled student, parent, alumni and faculty email lists on an annual basis.
q) ▇▇▇▇▇▇ & ▇▇▇▇▇ College, in conjunction with College of the Sequoias, will implement ▇▇▇▇▇▇ & ▇▇▇▇▇ College’s Campus Connect Technologies, including but not limited to registration, student financial aid, LMS and FacultyEnlight integrations, and enrollment feeds.
Appears in 1 contract
Sources: Agreement for Bookstore Services