Bid for a Cure Product Donation Agreement
The parties hereby agree as follows:
CDF agrees to include the Product(s) in the Event subject to the following terms and conditions:
- All Product(s) represented or labeled as “gluten-free,” or words with equivalent meaning, will meet the current proposed standards and any future standards developed by the FDA for gluten-free labeling of packaged foods and/or any foods labeled as gluten-free. “All Product(s) will be merchantable, of good commercial quality, fit for use and/or, if applicable, consumption by children and adults.
- All Product(s) will be shipped to the winning bidder at Product Donor expense, including all duties and taxes levied on shipments. Winning bidder contact information will only be used by Product Donor in connection with the shipping of Product(s).
- It is the authorized licensor of the Product Donor Marks has the right to grant CDF the license to use such Marks in connection with Event. The Product Donor’s Marks do not violate or in any way infringe upon any interest or right (contractual, proprietary or other) of any third party.
- It will indemnify and hold CDF (including, without limitation, its officers, directors, employees, volunteers and agents) harmless from and against any and all claims or actions (whether or not groundless), liabilities, damages, costs and expenses (including, without limitation, reasonable attorney’s fees and court costs) arising out of or in connection with the breach of any representation, warranty or obligation of Product Donor under this Agreement. This indemnity will not be limited in any manner whatsoever by any required or other insurance coverage maintained by Product Donor. CDF will promptly notify Product Donor of the existence of any third party claim or other action giving rise to a claim for indemnification hereunder. This indemnification shall survive termination of this Agreement.
- It is insured by reputable and responsible carriers, with coverages at least as extensive as are customary in the circumstances contemplated by this Agreement against losses, liabilities and damages to persons and property.
- CDF assumes no responsibility or liability of any nature whatsoever nor will CDF make any representation at the Event or otherwise with respect to the Product(s). Product Donor will not indicate or imply by any means that CDF endorses the Product(s) in connection with Event or otherwise.
- CDF does not guarantee that Product(s) will be sold and in its discretion may change the description of the item or its assigned value without Product Donor approval.
- The term of this Agreement shall begin on July 12, 2021 and end on July 21, 2021.