WHEREAS, NerdWallet has awarded your company (“Company” or “Licensee”) a NerdWallet 2020 “Best-Of” Award for one or more financial product subcategories (the “Award”);
WHEREAS, NerdWallet has provided your company with NerdWallet Award Badge(s) (the “Award Badges”) for your use in the promotion and advertising of the Award;
THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, Company agrees that by using the Award Badges as described herein, it agrees to the following terms:
2. Procedures for Use
3. NerdWallet Right to Rescind
Your product or service has been chosen as the winner in its category based on qualities or features identified by the NerdWallet content team as best-in-class. Please be advised that if, between now and January 15, 2020, you make a material change to the qualities or features for which your product or service was chosen as a winner, such that it impacts the NerdWallet content team’s evaluation criteria, we reserve the right to rescind the award and grant it to another product or company. In the event we rescind an award, in no event will NerdWallet be liable for any consequential, special, indirect, punitive, or other damages, including but not limited to money spent by you in reliance on your initial win or the NerdWallet awards program.
All notices will be in writing and will be given at the intended recipient’s address set forth in the first paragraph of this Agreement or to the email address or such other address as either Party may notify in writing to the other from time to time.
This Agreement constitutes the entire agreement of the Parties relating to the subject matter hereof and supersedes all prior or contemporaneous communications, understandings and agreements, oral or written, regarding such subject matter. If any provision of this Agreement is held to be invalid, illegal or unenforceable by a court of competent jurisdiction, such provision will be deemed restated, in accordance with applicable law, to reflect as nearly as possible the original intentions of the Parties, and the remainder of the Agreement will remain in full force and effect. This Agreement may be modified only in a writing signed by both Parties. The waiver or failure of either Party to exercise any right provided for herein will not be deemed a waiver of any further right hereunder. This Agreement shall be interpreted and construed according to, and governed by, the laws of the State of California, without regard to its conflicts of laws rules. Any disputes under this Agreement must be brought in the state and federal courts located in San Francisco, California and the Parties hereby consent to the personal jurisdiction and venue of these courts.