Traveltainment will supply Provider with the number of tablet kiosks specified in Provider's approved application. Equipment remains the exclusive property of Jessiboo LLC at all times. Provider must not sell, rent, lend, modify, tamper with, or otherwise make Equipment available to any third party.
If Provider fails to meet the Ride Threshold (50 rides/month) in any calendar month, Provider must return the affected Equipment within seven (7) days. Replacement charges: tablet $120.00 · mount $20.00 · cable $10.00.
Provider receives 100% of Zone 2/4 coupon spiff payments when an advertiser includes a spiff component. Provider receives 25% of Traveltainment's net Zone 3 programmatic advertising revenue attributable to Provider's tablets. Provider receives a per-response payout (rate set per campaign) per answered sponsored SDOH survey response. All other advertising revenue belongs exclusively to Jessiboo LLC.
Revenue share amounts depend on advertiser activity and passenger volume and are not guaranteed.
Payments are made monthly via ACH bank transfer within 30 days of month end. Payments under $25.00 roll to the following month. Jessiboo LLC will issue a 1099-NEC for any calendar year in which total payments equal or exceed $2,000.00.
Provider must maintain a valid NEMT operating license in all jurisdictions where Equipment is deployed. Provider must not display any competing advertising on or near the Equipment. Provider must maintain adequate commercial auto insurance covering all vehicles in which Equipment is deployed.
Provider and Traveltainment are independent contractors. This Agreement does not create any partnership, joint venture, agency, or employment relationship between the parties.
THE PLATFORM AND EQUIPMENT ARE PROVIDED "AS-IS." TRAVELTAINMENT DISCLAIMS ALL WARRANTIES INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO MINIMUM LEVEL OF REVENUE IS GUARANTEED.
Provider agrees to defend, indemnify, and hold harmless Jessiboo LLC from any claims arising from Provider's use of the Equipment or Platform, any breach of this Agreement, or any injury occurring in Provider's vehicles.
Traveltainment's total liability shall not exceed $150.00 per tablet. No incidental, consequential, or indirect damages.
Binding arbitration under AAA Commercial Rules in Los Angeles County, California. Governed by California law.
Month-to-month. Either party may terminate with 30 days notice. Revenue share earned through termination date paid within 60 days less any Equipment amounts owed.